HomeMy WebLinkAboutContract 25943 CITY SECRETARY /'/j WCOP��
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THE CITY OF FORT WORTH, TEXAS
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REPLACE WOOD FLOOR IN EAST GALLESfiir-mcm
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CENTRAL LIBRARY
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KENNETH BARB BOB TERRELL
MAYOR CITY MANAGER
Hugo Malanga, P.E.
Director, Transportation and Public Works
Gleniece Robinson
VF Director, Library Department
May 2000
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City of Fort Worth, Texas
4vagor and coun"R Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18038 20FLOORING 1 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO FRYMIRE CONSTRUCTION
COMPANY FOR THE REPLACEMENT OF THE WOOD FLOORING IN THE EAST
GALLERY OF THE CENTRAL LIBRARY
RECOMMENDATION:
It is recommended that the City Council approve the execution of a construction contract to the Frymire
Construction Company in the amount of $128,900.00, with a contract duration of 75 calendar days, for
replacement of the wood flooring in the East Gallery of the Central Library which was damaged by
water and debris in the March 28, 2000 tornado.
DISCUSSION:
The wood flooring in the East Gallery of the Central Library was damaged by water and debris that
entered the library through the broken skylight side panes and the Cable TV Studio.
The project consists of removing approximately 4,900 square feet of wood flooring, replacing the
plywood underlay, repairing the gypsum leveling course, and installing new wood flooring to match the
existing flooring.
The project was advertised in the Commercial Recorder on May 5 and 8, 2000. On May 18, 2000, the
following bid was received:
BIDDER BASE BID
The Frymire Company $128,900
The contract duration was specified to be 75 calendar days.
The insurance adjuster has reviewed the bid and authorized the project.
A waiver of the M/WBE requirements was requested and approved by the M/WBE Office since the
purchase of goods or services is from sources where subcontracting or supplier opportunities are
negligible.
The Central Library is located in COUNCIL DISTRICT 9.
City of Fort Worth, Texas
"avow and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
5/30/00 **C-18038 1 20FLOORING 2 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO FRYMIRE CONSTRUCTION
COMPANY FOR THE REPLACEMENT OF THE WOOD FLOORING IN THE EAST
GALLERY OF THE CENTRAL LIBRARY
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current budget, as appropriated, of the
Grants Fund.
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Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 TAYPPROVED
COUNCILOriginating Department Head:
Hugo Malanga 7801 (from) MAY 30 2000
GR76 539120 020032800020 $128,900.00
Additional Information Contact:
C1ty cretaIy of the
City of Fort Worth,Te-T.3q
Hugo Malanga 7801
NOTICE TO BIDDERS
Sealed bids for Replace Wood Floor in East Gallery, TPW 2000-017, Central Library, 500 West Third
Street, Fort Worth, will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort
Worth, 76107, until 1:30 P.M., Thursday, May 18, 2000, and will be opened and publicly read aloud
approximately thirty minutes later in the Council Chambers.
A mandatory Pre-Bid Conference will be held at 10:00 AM,Wednesday, May 10, 2000, at the East
Gallery, Central Library.
The Project consists of removing approximately 4,900 sf of wood flooring, replacing plywood
underlayment, repairing gypsum leveling course, installing new wood flooring, and finishing.
MWBE requirements are waived for this project.
Contractors will be required to post Payment and Performance Bonds and provide Contractors General
Liability(including Statutory Builder's Risk)and Statutory Workers Compensation Coverage.
Copies of the Project Manual and plans for this project may be obtained at the Department of Engineering
Plans Desk, City Hall, 1000 Throckmorton Street(817.871.7910) in return for a $25 deposit for each set.
For additional information contact Bill Matysek, Building Services Division, 817-871-8078.
Advertisement: May 5 and 8, 2000
TABLE OF CONTENTS
NOTICE TO BIDDERS
TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS
PROPOSAL
GENERAL CONDITIONS
WEATHER TABLE
WAGE RATES
TECHNICAL SPECIFICATIONS
FORM OF CONTRACT
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS'COMPENSATION LAW
CONTRACT DRAWING: SHEET 1 OF 1
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INSTRUCTIONS TO BIDDERS
1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the
responsiveness of a Proposal:
• Use the Proposal Form provided in the Project Manual.
• Entries on the Proposal Form may be handwritten or typed
• Write in contract duration if not specified
• Acknowledge all addenda on the Proposal Form
• Have a Principal sign the Proposal
• Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard
bid bond. Personal checks are not acceptable. Note Project Name on the check or bid
bond
2. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE) Waived for this project
3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort
Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid
and is subject to forfeit fin the event the successful bidder fails to execute the contract documents within
ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope
containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being consid-
ered for this project. Bidder's bond will be returned if the City fails to award the contract within 49 calendar
days of receipt of bids, unless the Bidder agrees to an extension.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the
successful bidder entering into a contract for the work will be required to give the City surety in a sum
equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the
surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of
Article 5160 of the Revised Civil Statutes of Texas, as amended.
In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the
current U. S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and
surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the
state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-
tenth of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must
be authorized, accredited or trusteed to do business in Texas.
No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or
which are interested in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor
shall immediately provide a new surety to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum.
Payment shall not be made for a period of 45 calendar days from the date the work has been competed
and accepted by the City.
If the contract is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract,
solely for the protection of all claimants supplying labor and materials in the prosecution of the work.
If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount
of the contract, conditioned on the faithful performance of the work in accordance with the plans,
specification, and contract documents. Said bond shall be solely for the protection of the City of Fort
r Worth.
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5. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s) of the
work and the details of the requirements set out in these specifications to satisfy himself as to the
conditions which will be encountered relating to the character, quality, and quantity of the work to be
performed and materials and equipment required. The filing of a bid by the bidder shall be considered
evidence that he has complied with these requirements.
6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the propos-
al.
7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents, must be
paid on this project.
8. POST BID - PREAWARD SUBMITTALS: Bidders are required to submit the following information
to the Environmental Management Department, with the Proposal in order to assist City staff in
determining the Contractor's capability of performing the work and in meeting City contract requirements:
Contractors Qualification Statement(AIA Form A305)
Proposed Subcontractors and Suppliers
Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept
the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract. The Contractor must provide and use subcontractors listed
unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to
their meaning, he shall notify the City at once. If required, the City will then prepare a written addendum
that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents
by the Notice to Bidders. The Contractor is responsible for determining if addenda are available and for
securing copies prior to submitting a proposal. Oral instructions or decisions unless confirmed by
addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of
the contractor to include work called for in the addenda.
Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the
Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its
information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that
coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that
Workers Compensation Insurance will be obtained, must be submitted within five working days of bid
opening
12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15, 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits
may be required for each work location.
14. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon
construction cost and stated bid period of time for construction. Where the Bidder proposes time, the City
will evaluate the City's program needs in determining the acceptability of the proposed contract duration.
The City reserves the right to award the contract upon those terms considered by the City to be in its best
interests.
15. PLAN DEPOSIT: PLAN DEPOSIT: The City will deposit plan deposit checks to its account six
weeks following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that
time. Contractors forfeit their plan deposit after that time.
16. ADJUSTMENT OF QUANTITIES: Where unit prices and estimated quantities are used to
compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the
total cost for that section. Unit prices for adjustments to unit quantities in excess to 20% may be
negotiated at the request of either party.
17. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are
descriptive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall
inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure
to inform the City of substitute projects will obligate the contractor to provide the specified material if
awarded the contract. Within 14 days after bid opening and upon request of the architect or contractor,
the contractor will submit a full sized sample and/or detailed information as required to allow the architect
to determine the acceptability of proposed substitutions. Where equipment has been listed as "no
substitute accepted", the City will accept no alternates to the specified equipment.
00000
PROPOSAL
T0: MR. BOB TERRELL
CITY MANAGER
CITY OF FORT WORTH, TEXAS
FOR: REPLACE WOOD FLOOR IN EAST GALLERY
TPW 2000-017
CENTRAL LIBRARY
503 WEST THIRD STREET, FORT WORTH
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in
the plans and specifications, and subject to the inspection and approval of the Director of Transportation
and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the
contract amount exceeds $25,000.00,furnish Performance and/or Payment Bonds approved by the City of
Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit:
DESCRIPTION OF ITEMS
Base Bid $ 128,900.00
The undersigned agrees to complete the Work within 75 calendar days after the date of Notice to
Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the
above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable
contract in the state in which the non-resident's principal place of business is located. The appropriate
blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications. The failure of out of state or non-resident bidders Failure to complete the forms may
disqualify that bidder. Resident bidders must check the box in Section B.
A. Non-resident vendors in
I_I (give state), our principal place of
business, are required to be percent lower than resident bidders by state
law.
IJ Non-resident vendors in (give state), are not required to
underbid resident bidders.
B. VI Our principal place of business or corporate offices are in the State of
Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the
formal contract and will deliver an approved Surety Bond for the faithful performance of this contact. The
attached deposit check in the sum of 5% GAB Dollars ($_) is to become the property of the City
of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bond
are not executed within the time set forth, as liquidated damages for delay and additional work caused
thereby.
MINORITYM/OMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000)
• I am aware that I must submit information the Director, Transportation and Public Works, concerning
the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be
RESPONSIVE.
Respectfully submitted,
The Frymire Company
Company Name''
By: Z.,
Signature
G. L. Frymire President
Printed Name of Principal Title
Address: 3000 Shotts Street
Street
Fort Worth, Texas 76107
City Zip
Phone: (817) 336-4514
Fax: (817) 870-9155
Receipt is acknowledged of the following addenda:
Addendum No. 1:
Addendum No. 2:
M
City of Fort Worth, Texas
Transportation/Public Works Department
Building Services Divislon/Architectural Services Section
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
SECTION A contractor in dividing the work among Subcontractors or
DEFINITIONS,PROCEDURES AND INTERPRETATIONS Trades.
A-1 CONTRACT DOCUMENTS. By the term Contract A-8 INTERPRETATIONS. The Architect will fumish
Documents is meant all of the written and drawn documents such Interpretations of the Plans and Specifications as may
setting forth or affecting the rights of the parties, including be necessary for the proper execution or progress of the
but not necessarily limited to, the Contract, Notice to work. Such Interpretations shall be furnished at the instance
Bidders, Proposal, General Conditions, Special Conditions, of the Architect or at the request of the Contractor,or Owner,
Specifications, Plans, Bonds and all Addenda,Amendments and will be issued with reasonable promptness and at such
signed by all parties, Change Orders, written Interpretations times and in accordance with such schedule as may be
and any written Field Order for a minor change in the Work. agreed upon. Such Interpretations shall be consistent with
the purposes and intent of the Plans and Specifications and
A-2 ENTIRE AGREEMENT. The Contract Documents may be effected by Field Order. In the event of any dispute
represent the entire agreement between the Parties,and no between any of the parties to the Contract and the Architect
prior or contemporaneous, oral or written agreements, or each other involving the interpretation of the Contract
instruments or negotiations shall be construed as altering the Documents,the evaluation of work or materials performed or
terms and effects of the Contract Documents. After being furnished by the Architect Contractor, or any subcontractor
executed, the Contract Documents can be changed only by or materialsman,or involving any question of fault or liability
a written Amendment signed by the Contractor and the of any party, the decision of the Owner shall be final and
Owner, or Change Order, or by a written Field Order for a binding.
minor change.
In the event of inconsistency in the contract documents, the
A-3 WORK. By the term Work is meant all labor, following sequence for interpretation shall be used in order
supervision, materials and equipment necessary to be used of precedence: Change Orders and/or Field Orders(by date
or incorporated in order to produce the construction required of issuance); Addenda (by date of issuance); Drawings;
by Contract Documents. Notes and dimensions on Drawings; Technical
Specifications; Special Provisions; Supplementary General
A-4 EXECUTION OF THE CONTRACT Conditions;General Conditions;and,Construction Contract.
DOCUMENTS. The Contract Documents shall be executed
in six originals, with all required attachments, including A-9 COPIES OF WORKING DRAWINGS AND
required bonds and insurance certificates, by the Contractor SPECIFICATIONS. The Architect will furnish to Contractor
and the Owner in such form as may be prescribed by taw free of charge 15 sets of working Drawings and 15 sets of
and returned to the Owner within ten business days of Specifications. Contractor shall pay the cost of reproduction
notification to Contractor. Failure to execute contracts and for all other copies of Drawings and Specifications furnished
provide required enclosures will be grounds for revocation of to him.
award and taking of Bid Bond.
All Drawings, Specifications and copies thereof furnished by
A-5 FAMILIARITY WITH PROPOSED WORK. Before the Owner of the Architect are and shall remain the property
filing a bid, the bidder shall examine carefully the proposal, of the Owner. They are not to be used on any other project
plans, specifications, special provisions, and the form of and,with the exception of one Contract set for each Party to
contract to be entered into for the work contemplated. He the Contract, are to be returned to the Owner on request at
shall examine the site of work and satisfy himself as to the the completion of the work.
{ conditions that will be encountered relating to the character,
91 quality and quantity of work to be performed and materials to A-10 MINORITY AND WOMENS BUSINESS
be furnished. The filing of a bid by the bidder shall be ENTERPRISE POLICY. The City of Fort Worth has goals
considered evidence that he has complied with these for the participation of disadvantaged business enterprises in
requirements and has accepted the site as suitable for the City contracts. Compliance with the policies designed to
work. meet these goals is mandatory in order to be considered a
responsive bidder. The City policy and procedures to be
Claims for additional compensation due to variations followed in submitting bids is included.
between conditions actually encountered in construction and
as indicated by the plans will not be allowed. The City of Fort Worth MWBE Program will take precedence
over other subcontractor utilization programs on Block Grant
A-6 ONE UNIFIED CONTRACT. Insofar as possible, and other Federally funded Projects.
the Contract Documents will be bound together and
executed as a single unified Contract, the intention of the A-11 CORRELATION AND INTENT. In general, the
Contract Documents being to provide for all labor, drawings indicate dimension, locations, positions, quantities,
supervision,materials,equipment and other items necessary and kinds of construction; the specifications indicate the
for the proper execution and completion of the Work. Words quality and construction procedures required. Work
that have well-recognized technical or trade meanings are indicated on the drawings and not specified of vice-versa,
used herein in accordance with such recognized meanings. shall be furnished as though set forth in both. Work not
detailed, marked or specified shall be the same as similar
A-7 DIVISION OF WORK. The arrangement of parts that are detailed, marked or specified. If the drawings
Drawings and/or Specifications into Divisions, Sections, are in conflict or conflict with the specifications the better
Articles,or other Subdivisions shall not be binding upon the quality or greater quantity or work or materials shall be
GC- 1 of 24
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estimated and shall be furnished or included. Dimensions a) Stop work under the Contract on the date and to
on drawings shall take precedence over small-scale the extent specified on the notice of termination.
drawings. Drawings showing locations of equipment,piping,
ductwork, electrical apparatus, etc., are diagrammatic and b) Place no further orders or subcontracts except as
job conditions may not allow installation in the exact location may be necessary for the completion of the work not
shown. Relocation shall not occur without the Architects terminated.
approval.
C) Terminate all orders and subcontracts to the
A-12 AGE In accordance with the policy ("Policy") of extent that they relate to the performance of the work
the Executive Branch of the federal government, Contractor terminated by the notice of termination.
covenants that neither it nor any of its officers, members,
agents, employees, program participants or subcontractors, After termination as above, the City will pay the contractor a
while engaged in performing this contract, shall, in proportionate part of the contract price based on the work
connection with the employment,advancement or discharge completed; provided, however, that the amount of payment
of employees or in connection with the terms, conditions or on termination shall not exceed the total contract price as
privileges of their employment, discriminate against persons reduced by the portion thereof allocatable to the work not
because of their age except on the basis of a bona fide completed and further reduced by the amount of payments,
occupational qualification, retirement plan or statutory if,any otherwise made. Contractor shall submit its claim for
requirement. amounts due after termination as provided in this paragraph
within 30 days after receipt of such claim. In the event of
Contractor further covenants that neither it nor its officers, any dispute or controversy as to the propriety or allowability
members, agents, employees, subcontractors, program of all or any portion of such claim under this paragraph,such
participants, or persons acting on their behalf, shall specify, dispute or controversy shall be resolved and be decided by
in solicitations or advertisements for employees to work on the City Council of the City of Fort Worth, and the decision
this contract, a maximum age limit for such employment by the City Council of the City of Fort Worth shall be final
unless the specified maximum age limit is based upon a and binding upon all parties to this contract
bona fide occupational qualification, retirement plan or
statutory equipment. B-3 DUTIES OF THE ARCHITECT As used herein,
the term Architect means the Architect or his authorized
Contractor warrants it will fully comply with the Policy and representative. Nothing contained in these Contract
will defend, indemnify and hold City harmless against any Documents shall create any privity of Contract between the
claims or allegations asserted by third parties or subcontrac- Architect and the Contractor.
for against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above B-4 ARCHITECT AS REPRESENTATIVE OF THE
referenced Policy concerning age discrimination in the OWNER The Architect will provide general administration of
performance of this agreement. the Contract on behalf of the Owner and will have authority
to act as the representative of the Owner to the extent
A-13 DISABILITY: In accordance with the provisions of provided in the Contract Documents unless changed in
the Americans With Disabilities Act of 1990 ("ADA"), writing by the Owner. The Architect will be available for
Contractor warrants that it and any and all of its conferences and consultations with the Owner or the
subcontractors will not unlawfully discriminate on the basis of Contractor at all reasonable times.
disability in the provision of services to the general public,
nor in the availability,terms and/or conditions of employment B-5 ACCESS TO JOB SITES. The Architect shall at
for applicants for employment with, or employees of all times have access to the Work whenever it is in
Contractor or any of its subcontractors. Contractor warrants preparation and progress. The Contractor shall provide
it will fully comply with ADA provisions and any other facilities for such access so the Architect may perform its
applicable federal,state and local laws concerning disability assigned functions under the Contract Documents.
and will defend, indemnify and hold City harmless against
any claims or allegations asserted by third parties or The Architect will make periodic visits to the Site to
subcontractors against City arising out of Contractor's and/or familiarize himself with the progress and quality of the work
its subcontractors' alleged failure to comply with the and to determine if the work is proceeding in accordance
above-referenced laws concerning disability discrimination in with the Contract documents. On the basis of on-site
the performance of this agreement. observations, the Architect will keep the Owner informed of
the progress of the Work and will endeavor to guard the
Owner against defects and deficiencies in the Work of the
Contractor. Based upon such observations and the
SECTION B Contractor's applications for payments, the Architect will
IDENTITY OF ARCHITECT make determinations and recommendations concerning the
amounts owing to the Contractor and will issue certificates
B-1 CONTRACT ADMINISTRATION. Where the term for payment amounts.
"Architect"is used in the"General Conditions of the Contract
for Construction",it shall refer to the Director,Transportation B-6 INTERPRETATIONS. The Architect will be,in the
and Public Works or his designated Project Manager. The first instance,the interpreter of the requirements of the Plans
Director, Transportation will designate a Project Manager and Specifications and the judge of the performance
and Construction Manager to administer this contract and thereunder by the Contractor,subject to the final decision of
perform the functions of the "Architect" as indicated in the the Owner.
General Conditions. The design architect or engineer may
also be designated to perform the duties of"Architect". The Architect's decisions in matters relating to artistic effect
will be final if consistent with the intent of the Contract
B-2 TERMINATION AND SUSPENSION OF WORK: Documents.
The Owner has the right to terminate the Project for any
reason. If the project is terminated,the Contractor shall: B-7 AUTHORITY TO STOP WORK. The Architect will
have authority to reject work that does not conform to the
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Plans and Specifications. In addition, whenever, in its Owner will cooperate with the Contractor in the prosecution
reasonable opinion, the Architect considers it necessary or of the Work in such manner and to such extent as may be
advisable in order to insure the proper realization of the reasonable and shall furnish information under its control
intent of the Plans and Specifications,the Architect will have with reasonable promptness at the request of the Contractor.
authority to require the Contractor to stop the Work or any
portion thereof, or to require special inspection or testing of C-3 INSTRUCTIONS. The Owner shall issue all
the Work whether or not such Work be then fabricated, instructions to the Contractor through the Architect.
installed or completed.
C-4 ACCESS TO JOB SITE. The Owner shall at all
B-6 MISCELLANEOUS DUTIES OF ARCHITECT. times have access to the Work whenever it is in preparation
and progress. The Contractor shall provide facilities for such
Shop Drawings. The Architect will review Shop Drawings access so the Owner may perform its assigned functions
and Samples as provided in Section D. Two copies of each under the Contract Documents.
approved Shop Drawing and submittal will be provided to the
Owner by the Architect. C-5 PROGRESS INSPECTIONS. The Owner and the
Pff Architect will make visits to the Site to familiarize themselves
Change Orders, Change Orders and Field Orders for Minor with the progress and quality of the Work and to determine if
Changes in the Work will be issued by the Owner through the work is proceeding in accordance with the Contract
the Architect in accordance with the provisions of Section L. documents. On the basis of on-site observations and
reports provided by the Architect concerning the progress
Guarantees. The Architect will receive on behalf of the and quality of the work, the Owner will approve and
Owner all written guarantees and related documents authorize the Contractor's applications for payments.
required of the Contractor. Upon completion of the project
the Contractor shall provide the Architect five copies of each C-6 AUTHORITY TO STOP WORK. The Owner will
guarantee. The Architect will provide three copies of each have authority to reflect work that does not conform to the
guarantee to the Owner. Plans and Specifications. Whenever, in its reasonable
opinion, the Owner considers it necessary or advisable in
Inspections The Architect will conduct inspections for the order to insure the proper realization of the intent of the
purpose of determining and making his recommendations Plans and Specifications, the Owner will have authority to
concerning the dates of substantial completion and final require the Contractor to stop the work or any portion
completion. thereof,or to require the Contractor to stop the Work or any
portion thereof, or to require special inspection or testing of
Operation and Maintenance Manuals The Architect will the Work whether or not such Work be then fabricated,
receive on behalf of the Owner,six copies of all applicable installed or completed.
equipment installation, operation, and maintenance
brochures and manuals required of the Contractor. The C-7 SUBSTANTIAL COMPLETION INSPECTION.
Architect will provide three copies of this information to the Upon agreement of the Contractor and Architect that the
Owner. Work is substantially complete, the Owner will schedule a
u Substantial Completion Inspection to be conducted by the
B-9 TERMINATION OF THE ARCHITECT. In case of Architect and attended by representatives of the Architect,
the termination of the employment of the Architect by the Owner and Contractor. Items identified during this inspection
Owner, the Owner shall either assume the duties of the as being incomplete, defective or deficient shall be
Architect through the Director of the Department of incorporated into a punch list to be prepared by the Architect
Transportation and Public Works, or shall appoint a and attached to the AIA document G704, which is to be
successor Architect against whom the Contractor makes no prepared and signed by the Contractor, and accepted,
reasonable objection. approved and signed by the Owner.
SECTION C C-6 RIGHT TO AUDIT:
OWNER
Contractor agrees that the City shall, until the expiration of
C-1 IDENTIFICATION. By the term Owner is meant three years after final payment under this contract, have
the City of Fort Worth acting herein by its duly authorized access to and the right to examine any directly pertinent
representatives in the manner provided by law. Authorized books, documents, papers and records of the contractor
representatives include the City Manager, Assistant City involving transactions relating to this contract.
w Manager, the Director and of Transportation and Public
Works Department and members of the Building Services Contractor further agrees to include in all his subcontracts
Division. Generally speaking a designated representative hereunder a provision to the effect that the subcontractor
will be identified from within the Building Services Division to agrees that the City shall, until the expiration of three years
act as a point of contact for day to day contract after final payment under the subcontract, have access to
administration. and the right to examine any directly pertinent books,
documents, papers and records of such subcontractor,
C-2 DUTIES OF THE OWNER. The Owner shall involving transactions to the subcontract. The term
furnish surveys describing the physical characteristics, legal "subcontract"as used herein includes purchase orders.
limits and utility locations for the site of the Work; provided,
however, that the Contractor hereby covenants that he has Contractor agrees to photocopy such documents as may be
inspected the premises and familiarized himself therewith requested by the city. The city agrees to reimburse
and that the locations of utilities and other obstacles to the Contractor for the costs of copies at the rate published in the
prosecution of the Work as shown on the Owner's survey Texas Administrative Code.
are for information only, are not binding upon the Owner,
and the Owner shall not incur any liability for loss or damage
by virtue of any inaccuracies or deficiencies in such surveys. SECTION D
The Owner shall secure and pay for title to the site and all CONTRACTOR
necessary permanent or construction easements. The
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D-1 IDEM][IFICATION. The Contractor is the person faults and defects, and in conformance with the Contract
or organization identified as such in the Contract. The term Documents. All work not so conforming to these standards
Contractor means the Contractor or his authorized may be considered defective. If required by the Architect or
representative. the Owner,the Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment.
D-2 INDEPENDENT CONTRACTOR Contractor shall
perform all work and services hereunder as an independent The warranty provided in this Section shall be in addition to
contractor,not as an officer,agent,or employee of the City. and not in limitation of any other warranty or remedy
i Contractor shall have exclusive control of and the exclusive provided by law or the Contract Documents.
right to control the details of the work and services
performed hereunder,and all persons performing same,and D-9 TAXES. The Contractor is exempt from State
Contractor shall be solely responsible for the acts and Sales Tax on material incorporated into the finished
omissions of its officers, agents, and employees. Nothing construction,Excise and Use Tax.
herein shall be construed as creating a partnership or joint
enterprise between City and the Contractor, its officers, D-10 LICENSES. NOTICES AND FEES. The
agents and employees, and the doctrine of respondeat Contractor shall obtain all Permits, Licenses, Certificates,
superior shall not apply. and Inspections, whether permanent or temporary, required
by law or these Contract Documents.
D-3 SUBLETTING It is further agreed that the
performance of this Contract,either in whole or in part,shall The Contractor shall give all Notices and comply with all
not be sublet or assigned to anyone else by said Contractor Laws, Ordinances, Rules, Regulations and Orders of any
without the written consent of the Director of Transportation public authority bearing on the performance of the Work. If
and Public Works of the City of Fort Worth. the Contractor observes or becomes aware that bearing on
the performance of the Work. If the Contractor observes or
PP D-4 REVIEW OF CONTRACT DOCUMENTS. The becomes aware that any of the Contract Documents are at
Contractor shall carefully study and compare the Agreement, variance therewith in any respect, he shall promptly notify
Conditions of the Contract, Drawings, Specifications, the Architect in writing and any necessary changes will be
Addenda and modifications and shall at once report to the made. If the Contractor performs any Work knowing that it is
Owner and to the Architect any error, inconsistency or in violation of, or contrary to, any of such Laws, Statutes,
omission he may discover.The Contractor shall do no work Charter, Ordinances, Orders or Directives, or Regulations
without Drawings,Specifications and Interpretations. without furnishing Notice to the Architect, the Contractor will
assume full responsibility therefor and bear all costs
D-5 SUPERVISION. The Contractor shall supervise attributable thereto.
and direct the Work, using his best skill and attention. He
shall be solely responsible for all construction means, D-11 CASH ALLOWANCES. The Contractor shall
methods, techniques, sequences and procedures and for include in the Contract Sum all allowances stated in the
coordinating all portions of the Work under the Contract Contract Documents. These allowances shall cover the net
F' Documents. cost of the materials and equipment delivered and unloaded
at the site, and all applicable taxes. The Contractor's
D-6 LABOR AND MATERIALS. Unless otherwise handling costs on the site,labor,installation costs,overhead,
specifically noted,the Contractor shall provide and pay for all profit and other expenses contemplated for the original
labor, materials, equipment, tools, construction equipment allowance shall be included in the Contractor Sum and not in
and machinery,water,heat,utilities,transportation and other the allowance.The Contractor shall cause the Work covered
facilities and services necessary for the proper execution by these allowances to be performed for such amounts and
and completion of the Work. by such persons as the Architect may direct, but he will not
be required to employ persons against whom he makes a
The successful low bidder will use its reasonable best efforts reasonable objection. If the cost, when determined, is more
to hire local laborers, workmen and materialmen. The than or less than the allowance, the Contract Sum shall be
general condition is not to be constructed as limiting the right adjusted accordingly by Change Order which will include
of any bidder to employee laborers,workmen or materialmen additional handling costs on the site,labor,installation costs,
from outside local area. field overhead, profit and other direct expenses resulting to
the Contractor from any increase over the original allowance.
The Contractor shall at all times enforce strict discipline and
good order among his employees, and shall not employ on D-12 SUPERINTENDENT. The Contractor shall
the Work any unfit person or anyone not skilled in the task employ a competent superintendent and necessary
assigned to him. assistants who shall be in attendance at the Project site
during the progress of the Work.The superintendent shall be
D-7 PREVAILING WAGE RATE. The Contractor satisfactory to the Contractor and the Owner. The
agrees to pay not less than the general prevailing rate of per superintendent shall represent the Contractor and all
diem wages for Work of a similar character in the locality in communications given to the superintendent shall be binding
which the Work is performed, and not less than the general as if given to the Contractor. Important communications will
prevailing wage of per diem wages for a legal holiday and be confirmed in writing. Other communications will be so
overtime work to all laborers, workmen and mechanics confirmed on written request in each case.
employed on the Work under this Contract. The Contractor
agrees to pay at least the minimum wage per hour for all D-13 RESPONSIBILITIES FOR EMPLOYEES AND
labor as the same is classified and set out by the City of Fort SUB-CONTRACTORS. The Contractor shall be responsible
Worth,Texas,a copy of which is attached hereto and made to the Owner for the acts and omissions of all his employees
a part hereof the same as if it were copies verbatim herein. and all Sub-contractors,their agents and employees,and all
other persons performing any of the Work under a contract
D-8 WARRANTY. The Contractor warrants to the with the Contractor.
Owner and the Architect that all materials and equipment
furnished under this Contract will be new unless otherwise D-14 FAILURE TO COMMENCE WORK: Should the
specified,and that all work will be of good quality,free from Contractor fail to begin the work herein provided for within
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the time herein fixed or to ca on and complete the same a separate item shall not indicate approval of an assembly in
RY P P PP Y
according to the true meaning of the intent and terms of said which the item functions.
Plans, Specifications and Contract Documents, then the
Owner shall have the right to either demand the surety to The Architect will review and approve Shop Drawings and
take over the work and complete same in accordance with Samples with reasonable promptness so as to cause no
the Contract Documents or to take charge of and complete delay, but only for conformance with the design concept of
the work in such a manner as it may deem proper,and if,in the Project and with the information given in the Contract
the completion thereof, the cast to the said City shall Documents.The Architect's approval of a separate item shall
exceed the contract price or prices set forth in the said plans not indicate approval of an assembly in which the item
and specifications made a part hereof,the Contractor and/or functions.
its Surety shall pay said City on demand in writing, setting
forth and specifying an itemized statement of the total cost The Contractor shall make any corrections required by the
thereof,said excess cost. Architect and shall resubmit the required number of
corrected copies of Shop Drawings or new Samples until
D-15 PROGRESS SCHEDULE. The Contractor, approved. The Contractor shall direct specific attention in
immediately after being awarded the contract, shall prepare writing or on resubmitted Shop Drawings to revisions other
and submit for the Architect's approval, an estimated than the corrections requested by the Architect on previous
progress schedule for the Work.The progress schedule shall submissions.
be related to the entire Project.This schedule shall indicate
the dates for the starting and completion of the various The Architect's approval of Shop Drawings or Samples shall
states of construction and shall be revised as required by the not relieve the Contractor of responsibility for any deviation
conditions of the Work,subject to the Architect's approval. It from the requirements of the Contract Documents unless the
shall also indicate the dates for submission and approval of Contractor has informed the Architect in writing of such
shop drawings and submittals as well as the delivery deviation at the time of submission and the Architect has
schedule for major pieces of equipment and/or materials. given written approval to the specific deviation. Architect's
approval shall not relieve the Contractor from responsibility
The progress schedule shall be updated at least monthly by for errors or omissions in the Shop Drawings or Samples.
the contractor and submitted to the Architect for approval
with the Contractor's monthly progress payment requests. No portion of the Work requiring a Shop Drawing or Sample
submission shall be commenced until the Architect has
D-16 DRAWINGS AND SPECIFICATIONS AT THE approved the submittal. All such portions of the Work shall
SITE. The Contractor shall maintain at the site for the be.in accordance with approved Shop Drawings and
Owner one copy of all Drawings, Specifications, Addenda, Samples.
approved Shop Drawings, Change Orders, and other
Changes and Amendments in good order and marked to D-18 SITE USE. The Contractor shall confine
record all changes made during construction. These shall operations at the site to areas permitted by law,ordinances,
also be available to the Architect. The Drawings, marked to permits and the Contract Documents and shall not
record all changes made during construction, shall be unreasonably encumber the site with any materials or
delivered to the Architect upon completion of the Work, and equipment. Until acceptance of the work by the City Council
the Architect will prepare, and provide to the Owner, one of the City of Fort Worth,the entire site of the Work shall be
complete set of reproducible record drawings of the work. under the exclusive control, care and responsibility of the
Contractor. Contractor shall take every precaution against
D-17 SHOP DRAWINGS AND SAMPLES. Shop injury or damage to persons or property by the action of the
Drawings are drawings, diagrams, illustrations, schedules, elements or from any other cause whatsoever. The
performance charts, brochures and other data which are Contractor shall rebuild,repair,restore and make good at his
prepared by the Contractor or any Subcontractor, own expenses all injuries or damages to any portions of the
manufacturer, supplier or distributor, and which illustrate Work occasioned by any of the above, caused before
some portion of the Work. acceptance.
Samples are physical examples furnished by the Contractor D-19 SAFE WORK PRACTICES. The Contractor shall
to illustrate materials, equipment or workmanship, and to employ safe practices in handling materials and equipment
establish standards by which the Work will be judged. used in performing required work so as to insure the safety
of his workmen, City employees and the public. The
The Contractor shall review, stamp with his approval and Contractor shall keep the premise free at all times from
submit,with reasonable promptness and in orderly sequence accumulation of waste materials or rubbish. At the
N so as to cause no delay in the Work or in the work of any completion of the work, the Contractor shall remove all his
4 other contractor,normally within the first 90 days of the work, wastes and rubbish from and about the work area,as well as
six copies of all shop Drawings and Samples required by the his tools, equipment and surplus materials and shall leave
Contract Documents or subsequently by the Architect as the area as clean and free of spot,stains,etc.,as before the
covered by changes or amendments. Shop Drawings and work was undertaken.
Samples shall be properly identified as specified, or as the
Architect may require. At the time of submission the D-20 FIELD OFFICES AND SHEDS The Contractor is
Contractor shall inform the Architect in writing of any not required to provide a temporary field office or telephone
deviation in the Shop Drawings or Samples from the for projects under $500,000. Contractor shall equip the
requirements of the Contract Documents. Project Superintendent with a pager and provide 24-hour
contacts to the City.
By approving and submitting Shop Drawings and Samples,
the Contractor thereby represents that he has determined D-21 TRENCH SAFETY The Contractor shall be
and verified all field measurements, field construction responsible for all design and implementation of trench
i criteria, materials, catalog numbers and similar data, and shoring and stabilization to meet regulatory requirements. If
that he has checked and coordinated each shop drawing the Proposal requires,the Contractor shall include a per unit
given in the Contract Documents.The Architect's approval of cost for trench safety measures in his bid. If not included in
the Proposal, the Contractor shall include a cast for trench
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r safety measures for all trenches over 5 feet in depth in his person or organization on such list the Contractor shall
P P 9
Schedule of Values. provide an acceptable substitute.
D-22 CUTTING AND PATCHING OF WORK. The The Contractor shall not make any substitution for any
Contractor shall do all cutting,fitting or patching of his Work Subcontractor or person or organization that has been
that may required to make its several parts fit together accepted by the Owner and the Architect, unless the
properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the
IP excavating or otherwise altering the Work or any part of it. Architect.
D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work
the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be
rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the
his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate
as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which
and surplus materials,and shall clean all glass surfaces and shall contain provisions that:
f- leave the Work "Broom-clean" or its equivalent, except at
otherwise specified. In addition to removal of rubbish and 1. preserve and protect the rights of the Owner and the
leaving the buildings "broom-clean", Contractor shall clean Architect under the Contract with respect to the Work to
all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the
marks and dirt from decorated work, clean hardware, subcontracting thereof will not prejudice such rights;
remove paint spots and smears from all surfaces, clean
fixtures and wash all concrete,tile and terrazzo floors. 2• require that such Work be performed in accordance
with the requirements of the Contract Documents;
If the Contractor fails to clean up,the Owner may do so,and 3. require submission to the Contractor of applications for
JIM the cost thereof shall be charged to the Contractor. payment under each subcontract to which the
D-24 COMMUNICATIONS. As a general rule, the Contractor is a party, in reasonable time to enable the
g Contractor to apply for payment;
Contractor shall forward all communications to the Owner
through the Architect, and in all other instances the 4. require that all claims for additional costs,extensions of
Contractor shall furnish the Architect a copy of any time, damages for delays or otherwise with respect to
communication sent directly to the Owner. subcontracted portions of the Work shall be submitted
to the Contractor (via any Subcontractor or Sub-
SECTION E subcontractor where appropriate) in the manner
SUBCONTRACTORS provided in the Contract Documents for like claims by
the Contractor upon the Owner;
E-1 DEFINITION. A Subcontractor is a person or
organization who has a direct contract with the Contractor to 5. waive all rights the contracting parties may have
perform any of the Work at the site.The term Subcontractor against one another for damages caused by fire or
is referred to throughout the Contract Documents as if other perils covered by the property insurance, except
singular in number and masculine in gender and means a such rights, if any, as they may have to proceeds of
Subcontractor or his authorized representative. such insurance held by the Owner,and,
6. obligate each Subcontractor specifically to consent to
Nothing contained in the Contract, Documents shall create the provisions of this Section
ti any contractual relation between the Owner and the
Architect and any subcontractor or any of his sub- All of the provisions set out in this section shall be deemed
subcontractors or materialmen. to have been included in every subcontract, and every
subcontract shall be so construed and applied as to the
E-2 AWARD OF SUBCONTRACTS. The bidder shall Owner and the Architect,whether or not such provisions are
furnish a list of the names of the subcontractors or other physically included in the sub-contract.
persons or organizations(including those who are to furnish
materials or equipment fabricated to a special design) E-4 MINORITY AND WOMENS BUSINESS
proposed for such portions of the Work as may be ENTERPRISE (M/WBE). Should the base bid be less than
designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply.
designated in the bidding requirements, the names of the
Subcontractors proposed for the principal portions of the In accordance with City of Fort Worth Ordinance No 11923,
Work. Prior to the award of the Contract, the Architect shall the City of Fort Worth sets goals for the participation of
notify the successful bidder in writing if either the Owner or minority business enterprises and women business
Architect, after due investigation, has reasonable objection enterprises in City contracts. Ordinance No 11923 is
to any person or organization on such list. Failure of the incorporated in these Specifications by reference.A copy of
Owner and Architect to make an objection to any person or the Ordinance may be obtained from the Office of the City
organization on the list prior to the award of this Contract Secretary. Failure to comply with the Ordinance shall be a
shall not constitute acceptance of such person or material breach of contract.
organization.
The M/WBE UTILIZATION FORM,M/WBE GOALS WAIVER
If,prior to the award of the Contract,the Owner or Architect FORM and GOOD FAITH EFFORT FORM, as applicable,
has an objective to any person or organization on such list, must be submitted within five city business days after bid
and refuses to accept such person or organization, the opening. Failure to submit the post bid information shall
apparent low bidder may,prior to the award,withdraw his bid render the bid non-responsive.
without forfeiture of bid security. If such bidder submits an
acceptable substitute, the Owner may, at its discretion, The City will consider the contractor's performance on other
accept the bid or he may disqualify the bid. If, after the City Projects regarding its M/WBE program in the evaluation
award, the Owner or Architect objects in writing to any of bids. Failure to comply with the City's M/WBE program,or
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to demonstrate a 'good faith effort", shall result in a bid
being considered irresponsible. 4. Default by the M/WBE subcontractor or supplier in the
performance of the subcontract.
Upon request, Contractor must provide the City with
complete and accurate information regarding actual work Other reasons at the discretion of the M/WBE Coordinator
performed by a Minority or Women Business Enterprise
(M/WBE) on the contract and proof of payment thereof. Within ten days after final payment from the City the
Contractor further agrees to permit an audit and/or contractor shall provide the M/WBE Office with
examination of any books, records or files in it's possession documentation to reflect final participation of each M/WBE
that will substantiate the actual work performed by an M/ subcontractor and supplier used on the project.
WBE. The misrepresentation of acts(other than a negligent
misrepresentation) and/or the commission of fraud by the E-5 PAYMENTS TO SUBCONTRACTORS. The
Contractor will be grounds for termination of the contract Contractor shall pay each Subcontractor, upon receipt of
and/or initiating action under appropriate federal, state, or payment from the Owner, an amount equal to the
local laws or ordinances relating to false statement. Further percentage of completion allowed to the Contractor on
any such misrepresentation (other than a negligent account of such Subcontractor's Work. The Contractor shall
misrepresentation)and/or commission of fraud will result on also require each Subcontractor to make similar payments to
the Contractor being determined to be irresponsible and his subcontractors.
barred from participating in City work for a period of time of
not less than three years. If the Architect refuses to issue a Certificate for Payment for
any cause which is the fault of the Contractor and not the
Contractor shall provide copies of subcontracts or cosigned fault of a particular subcontractor, the Contractor shall pay
letters of intent with approved M/WBE subcontractors prior to that Subcontractor on demand, made at any time after the
issuance of the Notice to Proceed. Contractor shall also Certificate for Payment would otherwise have been issued,
provide monthly reports on utilization of the subcontractors for his Work to the extent completed, less the retained
to the Construction Manager. percentage.
The Contractor may count first and second tier The Contractor shall pay each Subcontractor a just share of
subcontractors and/or suppliers toward meeting the goals. any insurance monies received by the Contractor, and he
The Contractor may count toward its goal a portion of the shall require each Subcontractor to make similar payments
total dollar amount of the contract with a joint venture equal to his Subcontractors.
to the percentage of the M/WBE participation in the joint
venture for a clearly defined portion of the work to be The Architect may,on request and at its discretion,furnish to
performed. All subcontractors used in meeting the goals any Subcontractor, if practicable, information regarding
must be certified prior to the award of the Contract. percentages of completion certified to the Contractor on
account of Work done by such Subcontractors.
Whenever a change order affects the work of an M/WBE
subcontractor or supplier, the M/WBE shall be given an Neither the Owner nor the Architect shall have any obligation
opportunity to perform the work. Whenever a change order to pay or to see to the payment of any monies to any
is in excess of 10% of the original contract, the MIWBE Subcontractor.
coordinator shall determine the goals applicable to the work
to be performed under the change order. SECTION F
SEPARATE CONTRACTS
1 During the term of the contract the contractor shall:
F-1 OWNER'S RIGHT. The Owner reserves the right
1. Make no unjustified changes of deletions in it's M/WBE to award separate contracts in connection with other portions
participation commitments submitted with or of the Work. When separate contract are awarded for other
subsequent to the bid,and, portions of the Work, "the Contractor" in the Contract
Documents in each case shall be the contractor who signs
2. If substantial subcontracting and/or substantial supplier each separate contract.
opportunities arise during the term of the contract which
the contractor had represented he would perform with F-2 MUTUAL RESPONSIBILITY OF
his forces, the contractor shall notify the City before CONTRACTORS. The Contractor shall afford other
subcontracts or purchase orders are let, and shall be contractors reasonable opportunity for the introduction and
required to comply with modifications to goals as storage of their materials and equipment and the execution
determined by the City,and, of their work, and shall properly connect and coordinate his
work with theirs.
3. Submit a REQUEST FOR APPROVAL OF CHANGE
FORM,if the contractor desires to change or delete any If any part of the Contractor's Work depends for proper
of the M/WBE subcontractors or suppliers. execution or results upon the work of any other separate
contractor, the Contractor shall inspect and promptly report
Justification for change may be granted for the following: to the Architect any apparent discrepancies or defects in
such work that render it unsuitable for such proper execution
1. Failure of subcontractor to provide evidence of and results. Failure of the Contractor to inspect and report
coverage by Workers'Compensation Insurance shall constitute an acceptance of the other contractor's work
as fit and proper to receive his Work, except as to defects
2. Failure of subcontractor to provide required general which may develop in the other separate contractor's work
liability or other insurance. after the execution of the Contractor's Work.
I 3. Failure of subcontractor to execute a standard Should the Contractor cause damage to the work or property
subcontract form in the amount of the proposal used by of any separate contractor on the site, the Contractor shall,
the Contractor in preparing his M/WBE Participation upon due notice, settle with such other contractor by
plan agreement, if he will so settle. If such separate contractor
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sues the Owner on account of any damage alleged to have submit a copy of updated schedule to the Construction
been so sustained, the Owner shall notify the Contractor manager weekly. Building, plumbing, electrical and
who shall defend against such suit at the Contractor's mechanical building permits are issued without charge.
expense, and if any judgment against the Owner arises Water and sewer access fees will be paid by the City. Any
therefrom,the Contractor shall pay or satisfy such judgment other permit fees are the responsibility of the Contractor.
and shall reimburse the Owner for all attorney's fees, court
costs and expenses which the Owner has incurred in G-5 INDEMNIFICATION: Contractor covenants and
connection with such suit. agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole negligence.
F-3 CUTTING AND PATCHING UNDER SEPARATE In addition, Contractor covenants and agrees to indemnify,
CONTRACTS. The Contractor shall do all cutting, fitting or hold harmless and defend, at its own expense, the Owner,
patching of his Work that may be required to fit it to receive its officers, servants and employees, from and against any
or be received by the work of other contractors shown in the and all claims or suits for property loss, property damage,
Contract Documents.The Contractor shall not endanger any personal injury, including death, arising out of, or alleged to
work or any other contractors by cutting, excavating or arise out of, the work and services to be performed
otherwise altering any work and shall not cut or alter the hereunder by Contractor, its officers, agents, employees,
work of any other contractor except with the written consent subcontractors, licensees or invitees, whether or not any
of the Architect. such iniury. damage or death is caused, in whole or in
part by the negligence or alleged negligence of Owner.
Any costs caused by defective or ill-timed work shall be its officers, servants, or employees. Contractor likewise
bome by the party responsible therefor. covenants and agrees to indemnify and hold harmless the
Owner from and against any and all injuries to Owner's
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute officers, servants and employees and any damage, loss or
arises between the separate contractors as to their destruction to property of the Owner arising from the
responsibility for cleaning up, the Owner may clean up and performance of any of the terms and conditions of this
charge the cost thereof to the several contractors as the Contract, whether or not any such iniury or damage is
Director of the Department of Transportation and Public caused in whole or in mart by the negligence or alleged
Works shall determine to be just. neea/iaence of Owner. its officers, servants or
employees.
SECTION G
MISCELLANEOUS PROVISIONS In the event Owner receives a written claim for damages
against the Contractor or its subcontractors prior to final
G-1 CONFLICT OF LAWS. The law of the place payment, final payment shall not be made until Contractor
where the site is located shall govern the Contract. The either (a) submits to Owner satisfactory evidence that the
Contractor must familiarize himself and strictly comply with claim has been settled and/or a release from the claimant
all Federal, State, and County and City Laws, Statutes, involved, or (b) provides Owner with a letter from
Charter, Ordinances, Regulations, or Directives controlling Contractor's liability insurance carrier that the claim has
the action or operation of those engaged upon the work been referred to the insurance carrier.
affecting the materials used. He shall indemnify and save
harmless the City and all of its officers and agents against The Director may, if he deems it appropriate, refuse to
any claim or liability arising from or based on the violation of accept bids on other City of Fort Worth public work from a
any such Laws, Statutes, Charter, Ordinances, Regulations, Contractor against whom a claim for damages is outstanding
or Directives, whether by himself, his employees, agents or as a result of work performed under a City Contract.
subcontractors.
G-6 SUCCESSORS AND ASSIGNS. Except as
G-2 GOVERNING LAWS. It is mutually agreed and provided in Paragraph E-2, this contract shall be binding
understood that this agreement is made and entered into by upon and insure to the benefit of the parties hereto, their
the parties hereto with reference to the existing Charter and Successors or Assigns.Contractor shall not assign or sublet
Ordinances of the City of Fort Worth and the laws of the all or any part of this Contract or his rights or duties
State of Texas with reference to and governing all matters hereunder without the prior written consent of the Owner.
affecting this Contract, and the Contractor agrees to fully Any such purported assignment or subletting without the
comply with all the provisions of the same. prior written consent of Owner shall be void.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. G-7 WRITTEN NOTICE. Written Notice shall be
In performing their duties under the Statutes of the State of deemed to have been duly served if delivered in person to
Texas and the Charter and Ordinances of the City of Fort the individual or member of the firm or to an officer of the
Worth in connection with this Contract, or in exercising any corporation for whom it was intended, or if delivered at or
of the powers granted the Owner herein,the officers,agents sent by registered or certified mail to the last business
and employees of the City of Fort Worth are engaged in the address known to him who gives the notice.
performance of a governmental function and shall not incur
any personal liability by virtue of such performance G-8 SURETY BONDS: Surety Bonds are required on
hereunder,except for gross negligence or willful wrong. all City contracts in excess of $25,000. The Contractor
agrees, on the submittal of his Proposal to make, execute
G-4 COMPLIANCE WITH LAWS. Contractor agrees and deliver to said City of Fort Worth good and sufficient
the comply with all laws, Federal, state and local, including surety bonds for the faithful performance of the terms and
all ordinances, rules and regulations of the City of Fort stipulations of the Contract and for the payment to all
Worth, Texas. Materials incorporated into the finished claimants for labor and/or materials furnished in the
Project are not subject to State Sales Tax. prosecution of the work, such bonds being as provided and
required in Article 5160 of the Revised Civil Statutes of
Contractors are responsible for obtaining construction Texas, as amended, in the form included in the Contract
permits from the governing agencies. Contractor shall Documents,and such bonds shall be 100 percent of the total
schedule all code inspections with the Code Inspection contract price, and the said surety shall be a surety
Division in accordance with the permit requirements and company duly and legally authorized to do business in the
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State of Texas,and acceptable to the City Council of the City shall bear all costs thereof, including the Architect's
of Fort Worth. additional services made necessary by such costs;
otherwise the Owner shall bear such costs, and an
Bonds shall be made on the forms furnished by or otherwise appropriate Change Order shall be issued.
acceptable to the City. Each bond shall be properly
executed by both the Contractor and the Surety Company. The Contractor shall secure certificate of inspection, testing
Bonds required by the City shall be in compliance with all or approval, and three copies will be promptly delivered by
relevant local,state and federal statutes. him to the Architect.The Architect will review the certificates
and forward one copy of each with his recommendation(s)to
To be an acceptable surety on the bond the name of the the Owner.
surety should be included on the current U. S.Treasury List
of Acceptable Securities [Circular 570], and must be If the Architect or Owner wish to observe the inspections,
authorized to do business in Texas. Sureties not listed in tests or approvals required by this Section, they will do so
Circular 570 may write performance and payment bonds on promptly and,where practicable,at the source of supply.
a project without reinsurance to the limit of 10 percent of its
capital and surplus. Such a surety must reinsure any Neither the observations of the Architect or the Owner in
obligation over 10 percent. The amount in excess of 10 their administration of the Construction Contract, nor
percent must be reinsured by reinsurers who are duly inspections, tests or approvals by persons other than the
authorized, accredited, or trusteed to do business in the Contractor shall relieve the Contractor from his obligations to
State of Texas. perform the Work in accordance with the Contract
Documents.
Should any surety for the contracted project be determined
unsatisfactory at any time during same, the Contractor shall G-12 INTERRUPTION OF EXISTING UTILITIES
immediately provide a new surety bond satisfactory to the SERVICES. The Contractor shall perform the work under
City. this Contract with a minimum of outage time for all utilities.
Interruption shall be by approved sections of the utility. In
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. some cases, the Contractor may be required to perform the
If the Contractor defaults or neglects to carry out the Work in work while the existing utility is in service.The existing utility
accordance with the Contract Documents or fails to perform service may be interrupted only when approved by the
any provision of the Contract, the Owner may, without Owner.When it is necessary to interrupt the existing utilities,
prejudice to any other remedy he may have, enter the site the Contractor shall notify the Owner in writing at least ten
and make good such deficiencies. In such case an days in advance of the time that he desires the existing
appropriate Change Order shall be issued deducting from service to be interrupted.The interruption time shall be kept
the payments then or thereafter due the Contractor the cost to a minimum. Depending upon the activities at an existing
of correcting such deficiencies, including the cost of the facility that requires continuous service from the existing
Architect's additional services made necessary by such utility, an interruption may not be subject to schedule at the
default, neglect or failure. If the payments then or thereafter time desired by the Contractor. In such cases, the
due the Contractor are not sufficient to cover such amount, interruption may have to be scheduled at a time of minimum
the Contract shall pay the difference to the Owner. requirements of demand for the utility. The amount of time
requested by the Contractor of existing utility services shall
G-10 ROYALTIES AND PATENTS. The Contractor be as approved by the Owner.
shall pay all royalties and license fees. He shall defend all
suits or claims for infringement of any patent rights and shall G-13 LAYING OUT WORK. The Contractor shall verify
save the Owner harmless from loss on account thereof and dimensions and elevations indicated in layout of existing
shall be responsible for all such loss when a particular work. Discrepancies between Drawings, Specifications, and
design, process or the product of a particular manufacturer existing conditions shall be referred to Architect for
or manufacturers is specified;however,if the Contractor has adjustment before work affected is performed. Failure to
reason to believe that the design, process or product make such notification shall place responsibility upon
specified is an infringement of a patent, he shall be Contractor to carry out work in satisfactory workmanlike
responsible for such loss unless he promptly gives such manner at the Contractor's sole expense.
information to Architect.
The Contractor shall be held responsible for the location and
G-11 TESTS. If the Contract Documents, Laws, elevation of all the construction contemplated by the
Ordinances, Rules, Regulations or Orders of any public Construction Documents.
authority having jurisdiction require any Work to be
inspected, tested or approved, the Contractor shall give the Prior to commencing work, the Contractor shall carefully
Architect timely notice of its readiness and the date arranged compare and check all Architectural, Structural, Mechanical
so the Architect may observe such inspection, testing or an Electrical drawings;each with the other that in any affects
approval.The Owner shall bear all costs of such inspection, the locations or elevation of the work to be executed by him,
tests and approvals unless otherwise provided. and should any discrepancy be found, he shall immediately
report the same to the Architect for verification and
If after the commencement of the Work, the Owner or adjustment. Any duplication of work made necessary by
Architect determine that any Work requires special failure or neglect on his part to comply with this function shall
inspection, testing or approval not included above, the be done at the contractors sole expense.
Owner or the Architect, upon written authorization from the
Owner, will instruct the Contractor to order such special G-14 MEASUREMENTS: Before ordering any material
inspection,testing or approval,and the Contractor shall give or doing any work, the Contractor shall verify all
notice as required in the preceding paragraph. If such measurements at the site or at the building and shall be
special inspection or testing reveals a failure of the Work to wholly responsible for the correctness of same. No extra
comply(1)with the requirements of the Contract Documents charge or compensation will be allowed on account of any
or (2) with respect to the performance of the work, with difference between actual dimensions and dimensions
Laws, Statutes, Charter, Ordinances, Regulations or Orders indicated on the drawings. Any difference which may be
of any public authority having jurisdiction, the Contractor
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rfound shall be submitted to the Architect for consideration attention immediately and the relocation determined in a joint
and adjustment before proceeding with the project conference. The Contractor will be held responsible for the
relocating of any items without first obtaining the Architect's
G-15 EXISTING OVERHEAD OR UNDERGROUND approval. He shall remove and relocate such items at his
WORK. The Contractor shall carefully check the site where own expense if so directed by the Architect.Where possible
the project is to be erected and observe any existing uniform margins are to be maintained between parallel lines
overhead wires and equipment Any such work shall be and or adjacent wall,floor or ceiling surfaces.
moved, replaced or protected, as required, whether or no
shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be
responsible for loading of any part or parts of structures
Attention is directed to the possible existence of pipe and beyond their safe carrying capacities by placing of materials,
other underground improvements that may or may not be equipment, tools, machinery or any other item thereon. No
shown on the Drawings.All reasonable precautions shall be loads shall be placed on floors or roofs before they have
taken to preserve and protect any such improvements attained their permanent and safe strength.
whether or not shown on the Drawings.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it
Location of existing underground lines, shown the Drawings is required in the Specifications that materials, products,
are based on the best available sources, but are to be processes, equipment, or the like be installed or applied in
regarded as approximate only. Exercise extreme care in accordance with manufacturers instructions, direction or
locating and identifying these lines before excavation in specifications,or words to this effect,it shall be construed to
adjacent areas. mean that said application or installation shall be in strict
accordance with printed instructions furnished by the
G-16 ALIGNMENT OF JOINTS IN FINISH manufacturer of the material concerned for use under
MATERIALS. It shall be the responsibility of the Contractor conditions similar or those at the job site.Six copies of such
to make certain in the installation of jointed floor, wall and instructions shall be furnished to the Architect and his
ceiling materials that: approval thereof obtained before work is begun.
1. preserve and protect the rights of the Owner and the G-22 CLEANING UP. The Contractor shall keep the
Architect under the Contract with respect to the Work to premises free from accumulation of waste material or
be performed under the subcontract so that the rubbish caused by employees or as a result of the work.
subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the At completion of work, the General Contractor shall,
structure and be symmetrically placed wherever immediately prior to final inspection of complete building,
possible. This includes heating registers, light fixtures, execute the following final cleaning work`with trained
equipment,etc. janitorial personnel and with material methods
recommended by the manufactures of installed materials.
If because of the non-related sizes of the various materials
and locations of openings, etc., it is not possible to 1. Sweep and buff resilient floors and base, and vacuum
f accomplish the above, the Contractor shall request the carpeting.
Architect to determine the most satisfactory arrangement.
The Contractor shall establish centerlines for all trades. 2. Dust all metal and wood trim and similar finished
materials.
G-17 INTEGRATING EXISTING WORK. The
Contractor shall protect all existing street and other 3. Clean all cabinets and casework.
improvements from damages.
4. Dust all ceilings and walls.
Contractors operations shall be confined to the immediate
vicinity of the new work and shall not in any interfere with or 5. Dust,and if necessary wash,all plumbing and electrical
obstruct the ingress or egress to an from existing adjacent fixtures.
facilities.
6. Wash all glass and similar non-resilient materials.
Where new site work is to be connected to existing work,
special care shall be exercised by the Contractor not to 7. All hardware and other unpainted metals shall be
disturb or damage the existing work more than necessary. cleaned and polished and all equipment and paint or
All damaged work shall be replaced, repaired and restored decorated work shall be cleaned and touched-up if
to its original condition at no cost to the Owner. necessary, and all temporary labels, tags, and paper
coverings removed throughout the buildings. Surfaces
G-18. HAZARDOUS MATERIAL CERTIFICA77ON: It is that are waxed shall be polished.
the intent of the contract documents, whether expressly
stated or not, that nothing containing hazardous materials, 8. The exterior of the building, the grounds, approaches,
such as asbestos, shall be incorporated in to the project. equipment, sidewalks, streets, etc. shall be cleaned
The contractor shall exercise every reasonable precaution to similar to interior of buildings and left in good order at
ensure that asbestos-containing materials are not the time of final acceptance. All paint surfaces shall be
F' incorporated into any portion of the project, including clean and unbroken, hardware shall be clean and
advising all materials suppliers and subcontractors of this polished, all required repair work shall be completed
requirement. The contractor shall verify that components and dirt areas shall be scraped and cleared of weed
containing lead do not contact the potable water supply. growth.
G-19 LOCATION OF EQUIPMENT AND PIPING. 9. Clean all glass surfaces and mirrors of putty, paint
Drawing showing location of equipment, piping, ductwork, materials, etc., without scratching or injuring the glass
etc. are diagrammatic and job conditions may not always and leave the work bright, clean and polished. Cost of
permit their installation in the location shown. When this this cleaning work shall be borne by Contractor.
situation occurs, it shall be brought to the Architect's
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10. Cleaning, polishing,scaling,waxing and all other finish 3) Catalog data on plumbing fixtures, valves, water
operations indicated on the Drawings or required in the heaters, heating and cooling equipment, temperature
Specifications shall be taken to indicate the required control, fan, electrical panels, service entrance
condition at the time of acceptance of all work under the equipment and light fixtures.
Contract.
4) Manufacturer's name, type, color designation for
11. Burning:Bum Ing of rubbish on the premises will not be resilient floors, windows, doors, concrete block, paint,
permitted. roofing,other materials.
G-23 DUST CONTROL. Precaution shall be exercised Submit six copies of Maintenance Manual, prior to request
at all times to control dust created as a result of any for final payment
operations during the construction period. If serious
problems or complaints arise due to air-bome dust,or when Operational Inspection and Maintenance Instruction: The
directed by the Architect,operations causing such problems Contractor shall provide at his expense, competent
shall be temporarily discontinued and necessary steps taken manufacturer's representatives to completely check out all
to control the dust. mechanical and electrical systems and items covered by the
Drawings and Specifications. This requirement shall be
G-24 FIRE PROTECTION. The contractor shall at all scheduled just prior to and during the initial start up.After all
times maintain good housekeeping practices to reduce the systems are functioning property the representatives shall
risk of fire damage or injury to workmen.All scrap materials, instruct maintenance personnel of the Owner in the proper
rubbish and trash shall be removed daily from in and about operation and maintenance of each item.
the building and shall not be permitted to be scattered on
adjacent property. G-27 GUARANTEE AND EXTENDED GUARANTEE.
Upon completion of the Project, prior to final payment,
Suitable storage space shall be provided outside the guarantees required by technical divisions of Specifications
immediate building area for storing flammable materials and shall be property executed in quadruplicate by
paints; no storage will be permitted in the building. Excess subcontractors and submitted through the Contractor to
flammable liquids being used inside the building shall be Architect. Delivery of guarantees shall not relieve Contractor
kept in closed metal container and removed from the from any obligation assumed under Contract.
building during unused periods.
The Contractor shall guarantee the entire Project for one
A fire extinguisher shall be available at each location where year. In addition, where separate guarantees, for certain
cutting or welding is being performed. Where electric or gas portions of work,are for longer periods,General Contractor's
welding or cutting work is done, interposed shields of guarantee shall be extended to cover such longer periods.
incombustible material shall be used to protect against fire Manufacturer's extended warrantees shall be included in this
damage due to sparks and hot metal. When temporary contract.
heating devices are used, a watchman shall be present to
cover periods when other workmen are not on the premises. Guarantees shall become valid and operative and
commence upon issuance of Certificate of Inspection and
The Contractor shall provide fire extinguishers in accordance Acceptance by Owner. Guarantees shall not apply to work
with the recommendations and NFPA Bulletins Nos. 10 and where damage is result of abuse, neglect by Owner or his
241. However, in all cases a minimum of two fire successor(s)in interest.
extinguishers shall be available for each floor of
construction. The Contractor agrees to warrant his work and materials
provided in accordance with this contract and the terms of
G-25 CUTTING AND PATCHING Wherever cutting and the Technical Specifications contained herein. Unless
removal of portions of the existing work is indicated, such supplemented by the Technical Specifications or the
work shall be neatly sawed or cut by contractor in a manner manufacturers normal extended warrantees, the Contractor
that will produce a neat straight line, parallel to adjacent shall warrant all work materials, and equipment against
surfaces or plumb for vertical surfaces. Care should be defects for a period of one year from the date of final
exercised not to damage any work that is to remain. acceptance. The Contractor further agrees to bear all costs
of making good all work that is found to be defective or not
At no time shall any structural members be cut without provided in accordance with the Contract Documents.
written consent from the Architect. Additionally if the facility or contents are damaged due to
defective materials or workmanship of the Contractor, the
G-26 PROJECT CLOSEOUT. Contractor further agrees to bear all cost of repairing and/or
replacing damaged items and components to bring such
Final Inspection. Record Drawino: Attention is called to items back to at least their original condition.
General Conditions Section 4 entitled, "Payments and
Completion." G-28 Y2K COMPLIANCE REQUIREMENTS The
Contractor warrants that each hardware, software and
Maintenance Manual:Sheets shall be 8%_"x 11",except pull firmware product delivered for incorporation into the Work be
out sheets may be neatly folded to 8'/2"x 11".Manuals shall able to accurately process date/time data between the years
be bound in plastic covered, 3 ring, loose leaf binder with 1999 and 2000, including leap year calculations and as
title of project lettered on front and shall contain: described below:
1. Date/time data between the information
1) Name,address and trade of all sub-contractors. technology incorporated into the Work shall transfer
accurately to and from information technology purchased
2) Complete maintenance instructions; name, address, separately from the Work but intended to be used in
and telephone number of installing Contractor, association with warranted products or systems.
manufacturer's local representative, for each piece of 2. Where the contract documents require that
operative equipment. products must perform as a system with respect to date/time
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data transfer, the warranty described herein applies to the substitutions intended for the project within 5 business days
performance of the system rather than to individual products. of bid opening. Failure to inform the City of substitute
3. The duration of this warranty and the remedies projects will obligate the contractor to provide the specified
available to the Owner for the breach of this warranty shall material if awarded the contract. Within 14 days after bid
be as defined in and subject to, the terms and limitations of opening and upon request of the architect or contractor, the
the Contractor's standard commercial warranty or contractor will submit a full sized sample and/or detailed
warranties. information as required to allow the architect to determine
4. The remedies available to the Owner under this the acceptability of proposed substitutions. Where
warranty shall include repair or replacement of any product equipment has been listed as "no substitute accepted", the
or system whose noncompliance is discovered and made City will accept no alternates to the specified equipment.
known to the Contractor,in writing,within one year following
the date of substantial completion. SECTION H
5. Nothing in the provisions of this warranty shall be CONTRACT TIME
construed to limit any rights or remedies the Owner may
have with respect to defects discovered in the Work not H-1 DEFINITIONS. The Contract Time is the period of
related to compliance requirements of this section. time allotted in the Contract Documents for completion of the
Work.
The contractor agrees to correct defective Work within a one
year period after Date of Substantial Completion, and The date of commencement of the Work is the date
provide one year warranty for accurate transfer of date/time established in the Notice to Proceed. If there is no notice to
data between the years 1999 and 2000 as described within proceed, it shall be the date of the Agreement or such other
this section. date as may be established therein.
G-29 RECORD DRAWINGS. Upon completion of the The Date of Substantial Completion of the Work or
Work and prior to application for final payment, one print of designated portion thereof is the Date certified by the
each of the drawings accompanying this specification shall Architect with the approval of the Owner that construction is
be neatly and clearly marked in red by the Contractor to sufficiently complete, in accordance with the Contract
show variations between the construction actually provided Documents, so the Owner may occupy the Work or
and that indicated or specified in the Contract Documents. designated portion thereof for the use for which it is
The annotated documents shall be delivered to Architect. intended. Final acceptance of the completed work or any
Where a choice of materials and/or methods is permitted portion thereof can be made only by the City Council of the
herein and where variations in the scope or character of the City of Fort Worth or it's designated Assistant City Manager,
work from the entire work indicated or specified are and no other form of acceptance will be binding upon the
permitted either by award of bidding items specified for that Owner.
purpose, or by subsequent change to the drawings, the
record drawings shall define the construction actually A calendar day constitutes 24 hours of time and is any one
provided. The representation of such variations shall of the seven days of a week,including Sunday,regardless of
conform to standard drafting practice and shall include whether a "Working Day"or not, and regardless of weather
supplementary notes, legends and details which may be conditions or any situation which might delay construction.
necessary for legibility and dear portrayal of the actual An extension of contract time shall be in accordance with
construction.The record drawings shall indicate, in addition, this Section. Extensions of time will be as recommended by
the actual location of all sub-surface utility lines, average the Architect with final approval by City of Fort Worth.
depth below the surface and other appurtenances.
A working day is defined as a calendar day, not including
G-30 CONSTRUCTION FENCE. At the Contractor's Saturdays,Sundays,and legal holidays,in which weather or
option, he may provide a substantial chain-link construction other conditions not under the control of the Contractor
fence around all or a part of the site. The fences and gates permit the performance of work for a continuous period of
must be maintained throughout the construction period. not less than seven hours between 7:00 a.m.and 6:00 p.m.
Remove the fences and gates upon completion of the However, nothing in these Contract Documents shall be
Project and restore the site to the required original or construed as prohibiting the Contractor from working on
contract condition. Saturdays if he so desires. Should the Contractor choose to
work on Saturdays, one day will be charged as contract-
G-31 PRODUCT DELIVERY, STORAGE. HANDLING. working time when weather or other conditions permit seven
The Contractor shall handle,store and protect materials and hours of work as delineated above. Legal holidays are
products, including fabricated components, by methods and defined as being New Year's Day,Independence Day,Labor
means which will prevent damage, deterioration and loss, Day,Thanksgiving Day, Christmas Day, Memorial Day, and
including theft (and resulting delays), thereby ensuring Veteran's Day.
highest quality results as the work progresses. Control
delivery schedules so as to minimize unnecessary long-term H-2 PROGRESS AND COMPLETION. All the time
storage at project site prior to installation. limits stated in the Contract Documents are of essence to
the Contract.
G-32 REMOVAL OF SALVAGED MATERIAL. The
Contractor shall remove salvaged material and equipment The Contractor shall begin the Work on the date of
from the Project site and dispose of it in accordance with the commencement as defined in this Section.He shall cant'the
law. Equipment or material identified in the Specifications or Work forward expeditiously with adequate forces and shall
Plans for Owner salvage shall be carefully removed and complete it within the Contact Time.
delivered to the Owner at any location in within the City limits
as directed by the City. H-3 DELAYS AND EXTENSIONS OF TIME. If the
Contractor is delayed at any time in the progress of the Work
G-33 MANUFACTURER'S REFERENCE: Catalog, by any act or neglect of the Owner or the Architect,or by any
brand names,and manufacturer's references are descriptive, employee of the Owner, or by any separate contractor
not restrictive. Bids on brands of like nature and quality will employed by the Owner, or by any separate contractor
be considered. Contractor shall inform the City of any employed by the Owner,or by changes ordered in the Work,
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or by labor disputes, fire, unusual delay in transportation, suitably stored at the site or in an independent, bonded
unavoidable casualties or any causes beyond the warehouse such payments shall be conditioned upon
Contractor's control, or by any cause which the Architect submission by the Contractor of bills of sale or such other
determines may justify the delay,then the contract time may procedures satisfactory to the Owner to establish the
be extended by Change Order for such reasonable time as Owner's title to such materials or equipment or otherwise
recommended by the Architect and approved by the Owner. protect the Owner's interest including applicable insurance
When the Contractor is delayed due to abnormal weather and transportation to the site.
conditions, the weather table provided as WT-1 in these
Contract Documents shall be used as the basis for providing The Contractor warrants and guarantees that title to all
a fair and equitable adjustment of the contract time. Work, materials and equipment covered by an Application
for Payment,whether incorporated in the Project or not,will
All claims for extension of time shall be made in writing to pass to the Owner upon the receipt of such payment by the
the Architect no more than fifteen days after the occurrence Contractor, free and clear of all liens, claims, security
of the delay;otherwise they shall be waived. interests or encumbrances hereinafter referred to as"liens";
and that no Work, materials or equipment covered by an
If no schedule or agreement is made stating the dates upon Application for Payment will have been acquired by the
which written interpretations shall be furnished, then no Contractor,or by any other persons performing the Work at
claim for delay shall be allowed on account of failure to the site or furnishing materials and equipment for the Work,
furnish such interpretation until fifteen days after demand is subject to an agreement under which an interest therein or
made for them, and not then unless such a claim is an encumbrance thereon is retained by the seller or
reasonable. otherwise imposed by the Contractor or such other person.
H-4 NO DAMAGE FOR DELAY. No payment, The Contractor shall prepare each application for payment
compensation or adjustment or any kind (other than the on AIA Document G702, "Application and Certificate for
extensions of time provided for) shall be made to the Payment", and attached thereto AIA Document G703,
contractor for damages because of hindrances or delays "Continuation Sheet", to indicate the progress made to date
from an cause in the progress of the work, whether such and the period or month for which payment is requested for
hindrances or delays be avoidable or unavoidable, and the each Item listed in the Schedule of Values. A copy of the
contractor agrees that he will make no claim for revised monthly work progress schedule must be attached
compensation,damages or mitigation of liquidated damages before the pay request can be accepted.
for any such delays, and will accept in full satisfaction for
such delays said extension of time. 1-5 CERTIFICATES FOR PAYMENT. If the
Contractor has made Application for Payment as above, the
SECTION I above,the Architect will,with reasonable promptness but not
PAYMENTS AND COMPLETION more than seven days after the receipt of the Application,
prepare a Certificate of Payment, with a copy to the
1-1 CONTRACT SUM. The Contract Sum is stated in Contractor, for such amount determined to be properly due,
the proposal as accepted and is the total amount payable by or state in writing reasons for withholding a Certificate.
the Owner to the Contractor for the performance of the Work
under the Contract Documents. The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
1-2 SCHEDULE OF VALUES. Before the first Architect's observations at the site and the data comprising
Applicable for Payment, the Contractor shall submit to the the Application for Payment, that the Work has progressed
Architect a Schedule of Values of the various portions of the to the point indicated; that the quality of the Work is in
Work, including quantities if required by the Architect, accordance with the Contract Documents (subject to an
aggregating the total Contract Sum,divided so as to facilitate evaluation of the Work as a functioning whole upon
payments to Sub-contractors, prepared in such form as Substantial Completion, to the results of any subsequent
specified or as the Architect and the Contractor may agree tests required by the. Contract Documents, to minor
upon, and supported by such data to substantiate its deviations from the Contract Documents correctable prior to
correctness as the Architect may require. Each item in the completion, and to any specific qualifications stated in the
Schedule of Values shall include its proper share of Certificate); and recommendations to the Owner that the
overhead and profit. This Schedule, when approved by the Contractor be paid in the amount certified. In addition, the
Architect and the Owner, shall be used as a basis for the Architect's approval of final payment assures the Owner that
Contractor's Applications for Payment. the conditions precedent to the Contractor's being entitled to
final payment as set forth in this Section have been fulfilled.
I-3 ADJUSTMENT OF QUANTITIES. Where unit
prices and estimated quantities are used to compute the After the Architect has issued a Certificate for Payment, the
contract amount, the Owner may increase the quantities by Owner shall approve or disapprove same within ten days
an amount that is 20%of the total cost for that section. Unit after it has been delivered to the Director of the Department
prices for adjustments to unit quantities in excess to 20% of Transportation and Public Works. For contracts less than
may be negotiated at the request of either party. $400,000,Owner shall pay 90%of the approved estimate to
the Contractor within seven days after its approval, and the
1-4 PROGRESS PAYMENTS. On the first day of remaining 10%of each such estimate will be retained by the
each month after the first month's work has been completed, Owner until the final estimate is approved and the Work is
the Contractor will make current estimates in writing for accepted by the City Council of the City of Fort Worth. For
review by the Architect of materials in place complete and contracts in excess of$400,000, the Owner will retain only
the amount of work performed during the preceding month or 5%of each estimate until the final estimate is approved and
period and the value thereof at the prices contracted for as work accepted by the City Council of the City of Fort Worth.
shown on the approved Schedule of Values and Progress
p Schedule. No Certificate for a progress payment, nor any progress
payment, nor any partial or entire use or occupancy of the
If payments are to be made on account of materials or Project by the Owner,shall constitute an acceptance of any
equipment not incorporated in the Work but delivered and Work not in accordance with the Contract Documents, or
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relieve the Contractor of liability in respect to any warranties 1) The claim has been settled and a release has been
or responsibility for faulty materials or workmanship. The obtained from the claimant involved,or
Contractor shall promptly remedy any defects in the Work
and pay for any damage to other work resulting therefrom 2) Good faith efforts have been made to settle such out-
that shall appear within a period of one year from the date of standing claims,and such good faith efforts have failed.
final acceptance of the Work unless a longer period is
specified. If condition(1)above is met at any time within the six month
period, the Director shall recommend that the final payment
I-6 PAYMENTS WITHHELD. The Architect may to the Contractor be made. If condition (2) above is met at
decline to approve an Application for Payment and may any time within the six-month period, the Director may
withhold his Certificate in whole or in part if in his opinion he recommend that the final payment to the Contractor be
is unable to make the representations to the Owner as made.At the expiration of the six-month period the Director
provided in this Section. The Architect may also decline to may recommend that final payment be made if all other work
approve any Applications for Payment or, because of has been performed and all other obligations of the
subsequently discovered evidence or subsequent Contractor have been met to the satisfaction of the Director.
inspections, may nullify the whole or any part of any
Certificate for Payment previously issued to such extent as The Director may, if he deems it appropriate, refuse to
may be necessary in his opinion to protect the Owner from accept bids on other Transportation and Public Works
loss because of: Department contract work from a Contractor against whom a
1) defective work not remedied; claim for damages is outstanding as a result of work
performed under a City contract.
2) claims filed or reasonable evidence indicating probable
filing of claims; 1-8 LIQUIDATED DAMAGES: The deduction for
liquidated damages shall be as follows:
3) failure of the Contractor to make payments properly to
Subcontractors,or for labor,materials or equipment; Amount of Contract Liquidated Damages Per Day
4) reasonable doubt that the Work can be completed for $15,000 or less $45
the unpaid balance of the Contract Sum; $15,001 to $25,000 $63
5) damage to another contractor; $25,001 to $50,000 $105
$50,001 to $100,000 $154
6) reasonable indication that the Work will not be $100,000 to $500,000 $210
completed within the Contract Time;or $500,001 to$1,000,000 $315
7) Unsatisfactory prosecution of the Work by the $1,000,001 to$2,000,000 $420
Contractor. $2,000,001 to$5,000,000 $630
$5,000,001 to$10,000,000 $840
When such grounds for the refusal of payment are removed, over$10,000,000 $980
r payment shall be made for amounts withheld because of
them.The Owner reserves the right to withhold the payment FAILURE OF PAYMENT If, without fault the
a
pa
of any monthly estimate, without payment of interest, if the part the Contractor, the Architect should fail to issue any
Contractor fails to perform the Work in accordance with the Certificate for Payment within seven days after receipt of the
specifications or instructions of the Architect. Contractor's Application for Payment, if the Contractors
Application for Payment,or if,without fault on the part of the
1-7 UNRESOLVED CLAIMS: In the event a written Contractor, the Owner should fail toapprove such estimate
claim for damages against the Contractor or its subcon- or to pay to the Contractor 90%or 95%(as applicable)of the
tractors remains unsettled at the time all work on the project amount thereof within the period of time specified, then the
has been completed to the satisfaction of the Director of the Contractor may, upon seven (7) days additional written
Transportation and Public Works Department,as evidenced notice to the Owner and to the Architect,stop the Work until
by a final inspection, final payment to the Contractor shall payment of the amount owing has been received.
not be recommended by the Director of the Transportation 1-10 SUBSTANTIAL COMPLETION AND FINAL
and Public Works Department for a period of 30 days after
the date of such final inspection, unless the Contractor shall PAYMENT Prior to the request for final payment, the
Contractor must meet all provisions for Project Closeout.
submit written evidence satisfactory to the Director that the
claim has been settled and a release has been obtained When the Contractor determines that the Work or
designated portion thereof acceptable to the Owner is
from the claimant involved. substantially complete, the Contractor shall prepare the
Although the claim concerned remains unsettled at the submission to the Architect a list of items to be completed or
expiration of the above 30-day period,the Contractor may be corrected.The failure to include any items on such list does
deemed to be entitled to a semi-final payment for work not alter the responsibility of the Contractor to complete all
completed, such semi-final payment to be in an amount Work in accordance with the Contract Documents.When the
equal to the total dollar amount then due less the dollar Architect,on the basis of an inspection, determines that the
value of any written claims pending against the Contractor Work is substantially complete, he then will prepare a
arising out of the performance of such work, and such Certificate of Substantial Completion (G704) which, when
I]� semi-final payment may then be recommended by the approved by the Owner, shall establish the Date of
P Director. Substantial Completion,shall state the responsibilities of the
Owner and the Contractor for maintenance, heat, utilities,
The Director shall not recommend final payment to a and insurance, and shall fix the time within which the
Contractor against whom such a claim for damages is Contractor shall complete the items listed therein, said time
outstanding for a period of six months following the date of to be within the Contract time unless extended.
the acceptance of the work performed unless the Contractor Upon receipt of written notice that the Work is ready for final
submits evidence in writing satisfactory to the Director that: inspection and acceptance and upon receipt of a final
Application for Payment and upon receipt of a final
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application for payment, providing the record drawings have (2) all the Work and all materials and equipment to be
been received by the Architect, the Architect will conduct incorporated therein, whether in storage on or-off the
such test and/or inspections as he deems necessary, and if site,under the care,custody or control of the Contractor
in his opinion the Work has been completed in accordance or any of his Subcontractors or Sub-contractors;and
with the Contract Documents, the Architect will promptly
issue a final Certificate of Substantial Completion stating that (3) other property at the site or adjacent thereto, including
to the best of his knowledge, information and belief, and on trees, shrubs, lawns, walks, pavements, roadways,
the basis of his observations and inspections, the Work has structures and utilities not designated for removal,
been completed in accordance with the terms and conditions relocation or replacement in the course of construction.
of the Contract Documents and that the entire balance found
to be due the Contractor is due and payable. Final Until acceptance of the Work, it shall be under the charge
acceptance can be made by the City Council of the City of and care of the Contractor, and he shall take every
Fort Worth or its designated representative, and no other precaution against injury or damage to the Work by the
form of acceptance will be binding upon the Owner. Final action of the elements or from any other cause whatsoever,
payment and release of the retainage amount will become whether arising from the execution or from the non-execution
due within fifteen days following approval of the City Council of the Work.The Contractor shall rebuild, repair,restore and
of the City of Fort Worth in accepting the work as complete. make good, at his own expense, all injuries or damages to
any portion of the Work occasioned by any of the above,
Neither the final payment nor the remaining retained caused before its completion and acceptance.
percentage shall become due until the Contractor submits to
the Architect: The Contractor shall comply with all applicable Laws,
Ordinances, Rules, Regulations and Orders of any public
1) Contractor's Affidavit of Payment of Debts and Claims authority having jurisdiction for the safety of persons or
(G706) stating that all payrolls, bills for materials and property or to protect them from damage, injury or loss. He
equipment,and other indebtedness connected with the shall erect and maintain, as required by existing conditions
Work for which the Owner or his property might in any and progress of the Work, all reasonable safeguards for
way be responsible, have been paid or otherwise safety and protection, including posting danger signs and
satisfied, other warnings against hazards, promulgating safety
2) Consent of Surety to Final Payment (G707), if any, to regulations and notifying owners and users of adjacent
final payment, utilities.
3) Contractor's Affidavit of Release of Liens(G706A),and,
4) Other data establishing payment or satisfaction of all When the use or storage of explosives or other hazardous
such obligations, such as receipts, releases and materials or equipment is necessary for the execution of the
waivers of liens arising out of the Contract,to the extent Work, the Contractor shall exercise the utmost care and
and in such form as may be designated by the Owner. shall carry on such activities under the supervision of
properly qualified personnel.
If any Subcontractor, materialman or laborer refuses to
furnish a release or waiver required by the Owner, the All damage or loss to any property referred to in the
Contractor may,at the election of the Owner,furnish a bond preceding paragraphs caused in whole or in part by the
satisfactory to the Owner to indemnify him against any right, Contractor, any Subcontractor, or anyone directly or
claim or lien which might be asserted by such Subcontractor, indirectly employed by any of them, or by anyone for whose
materialman or laborer. If any such right, claim or lien acts any of them may be liable, shall be remedied by the
remains unsatisfied after all payments are made. The Contractor, including damage or loss attributable to faulty
Contractor shall refund to the Owner all monies that the Drawings or Specifications and acts or omissions of the
latter may be compelled to pay to discharging such right, Architect or anyone employed by him or for whose acts he
claim or lien, including all costs and reasonable attorney's may be liable, and not attributable to the fault or negligence
fees. of the Contractor or anyone claiming through the Contractor
for such damage or loss.
The acceptance of final payment shall constitute a waiver of
all claims by the Contractor except those previously made in The Contractor shall not load or permit any part of the Work
r writing and still unsettled. to be loaded so as to endanger its safety.
SECTION J J-3 HARD HATS. Hard Hats will be required at all
PROTECTION OF PERSONS AND PROPERTY construction sites included in this Contract from start to
completion of work. Each Contractor,employee and visitor
J-1 SAFETY PRECAUTIONS AND PROGRAMS The at any construction site included in the Contract will be
Contractor shall be responsible for initiating,maintaining and required to wear a hard hat.The Contractor shall enforce the
supervising all safety precautions and programs in wearing of hard hats by Contractor, employees and visitors.
connection with the Work. The Contractor shall designate a These requirements are in addition to the Accident
responsible member of his organization at the site whose Prevention Clause in the General Conditions of the Contract.
duty shall be the prevention of accidents. This person shall Contractor shall provide ten hard hats for use by the
be the Contractor's superintendent unless otherwise consulting Architects and Engineers and visitors.
designated in writing by the Contractor to the Architect.
J-4 EMERGENCIES. In any emergency affecting the
J-2 SAFETY OF PERSONS AND PROPERTY. The safety of persons or property, the Contractor shall act at his
Contractor shall take all reasonable precautions for the discretion to prevent threatened damage, injury or loss.Any
safety of, and shall provide all reasonable protection to additional compensation or extension of time claimed by the
prevent damage,injury or loss to: Contractor on account of emergency work shall be
determined as provided in Changes in the Work.
(1) all employees on the Work and all other persons who
may be affected thereby; SECTION K-INSURANCE
I
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K-1 Insurance Required. The Contractor shall not persons or entities performing all or part of the
commence work under this Contract until he has obtained all services the contractor has undertaken to perform
insurance required under this Section and such insurance on the project, regardless of whether that person
has been approved by the City of Fort Worth, nor shall the contracted directly with the contractor and
Contractor allow any Subcontractor to commence work to be regardless of whether that person has employees.
performed under this Contract until all similar insurance of This includes, without limitation, independent
the Subcontractor has been so obtained and approved. contractors, subcontractors, leasing companies,
motor carriers,owner-operators,employees of any
K-2 Workers'Compensation Insurance: such entity, or employees of any entity which
furnishes persons to provide services on the
1) General project. "Services" include, without limitation,
providing, hauling, or delivering equipment or
a) Contractor's Worker's Compensation Insurance. materials, or providing labor, transportation, or
Contractor agrees to provide to the Owner(City)a other services related to a project. "Services"
certificate showing that it has obtained a policy of does not include activities unrelated to the project,
workers compensation insurance covering each of such as food/beverage vendors, office supply
its employees employed on the project in deliveries,and delivery of portable toilets.
compliance with state law. No Notice to Proceed
will be issued until the Contractor has complied 3) Requirements
with this section. a) The contractor shall provide coverage, based on
b) Subcontractor's Worker's Compensation proper reporting of classification codes and payroll
Insurance. Contractor agrees to require each and amounts and filing of any coverage agreements,
every subcontractor who will perform work on the which meets the statutory requirements of Texas
project to provide to it a certificate from such Labor Code, Section 401.011(44) for all
subcontractor stating that the subcontractor has a employees of the contractor providing services of
policy of workers compensation insurance the project,for the duration of the project
covering each employee employed on the project. b) The Contractor must provide a certificate of
Contractor will not permit any subcontractor to coverage to the governmental entity prior to being
perform work on the project until such certificate awarded the contract.
has been acquired. Contractor shall provide a
copy of all such certificates to the Owner(City). c) If the coverage period shown on the contractor's
c) By signing this contract or providing or causing to current certificate of coverage ends during the
be provided a certificate of coverage, the duration of the project,the contractor must,prior to
the end of the coverage period, file a new
contractor is representing to the City that all certificate of coverage with the City showing that
employees of the contractor who will provide coverage has been extended.
services on the project will be covered by worker's
compensation coverage for the duration of the d) The contractor shall obtain from each person
project,that the coverage will be based on proper providing services on a project,and provide to the
reporting of classification codes and payroll City:
amounts,and that all coverage agreements will be
filed with the appropriate insurance carrier or, in I) a certificate of coverage, prior to that person
the case of a self-insured,with the Texas Worker's beginning work on the project, so the
Compensation Commission's Division of Self- governmental entity will have on file
Insurance Regulation. Providing false or certificates of coverage showing coverage for
misleading information may subject the contractor all persons providing services on the project;
to administrative penalties, criminal penalties, civil and
penalties or other civil actions. ill no later than seven days after receipt by the
d) The contractor's failure to comply with any of these contractor, a new certificate of coverage
provisions is a breach of contract by the contractor showing extension of coverage, if the
which entities the City to declare the contract void coverage period shown on the current
if the contractor does not remedy the breach within certificate of coverage ends during the
ten days after receipt of notice of breach from the duration of the project.
City e) The contractor shall retain all required certificates
2) Definitions: of coverage for the duration of the project and for
one year thereafter.
a) Certificate of coverage("certificate"). A copy of a
certificate of insurance,a certificate of authority to fl The contractor shall notify the City in writing by
self-insure issued by the Texas Workers' certified mail or personal delivery, within ten (10)
Compensation Commission, or a coverage days after the contractor knew or should have
agreement (TWCC-81, TWCC-82, TWCC-83, or known, of any change that materially affects the
TWCC-84), showing statutory workers' provision of coverage of any person providing
compensation insurance coverage for the person's services on the project.
or entity's employees providing services on a g) The contractor shall post on each project site a
project,for the duration of the project. notice,in the text,form and manner prescribed by
b) Duration of the Project. Includes the time from the the Texas Worker's Compensation Commission,
beginning of the work on the project until the informing all persons providing services on the
contractor's/person's work on the project has been project that they are required to be covered, and
completed and accepted by the City. stating how a person may verify coverage and
report lack of coverage.
c) Persons providing services on the project
("subcontractor" in section 406.096)-includes all
GC- 16 of 24
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h) The contractor shall contractually require each The law requires that each person
person with whom it contracts to provide services working on this site or providing services
on a project,to: related to this construction project must
be covered by workers compensation
i provide coverage, based on proper reporting
insurance. This includes persons
on the classification codes and payroll providing, hauling, or delivering
amounts and filing of any coverage equipment or materials, or providing
agreements, which meets the statutory labor or transportation or other service
requirements of Texas labor Code, Section related to the project, regardless of the
401.011(44)for all of its employees providing identity of their employer or status as an
services on the project,for the duration of the employee".
project;
Call the Texas Workers Compensation
ii) provide to the contractor, prior to that person Commission at 512-440-3789 to receive
beginning work on the project,a certificate of information on the legal requirement for
coverage showing that coverage is being coverage, to verify whether your
provided for all employees of the person employer has provided the required
providing services on the project, for the coverage, or to report an employers
duration of the project; failure to provide coverage."
iii) provide the contractor,prior to the end of the K-3 LIABILITY INSURANCE. The Contractor shall
coverage period, a new certificate of procure and maintain during the term of this Contract such
coverage showing extension of coverage, if Liability Insurance as shall protect him,the City of Fort Worth
the coverage period shown on the current and any Subcontractor performing work covered by this
certificate of coverage ends during the Contract, from claims of damage which may arise from
duration of the project; operations under this Contract, including blasting, when
iv) obtain from each other person with whom it blasting is done on, or in connection with the Work of the
contracts,and provide to the contractor: Project, whether such operations be by himself or by any
Subcontractor or by anyone directly or indirectly employed
(1) a certificate of coverage, prior to the by either of them and the limits of such insurance shall be
other person beginning work on the not less than the following:
project;and
1) Automobile Liability: $1,000,000 each accident, or
(2) a new certificate of coverage showing reasonably equivalent split limits for bodily injury and
extension of coverage, prior to the end property damage. Coverage shall be on "any auto"
of the coverage period, if the coverage including leased, hired, owned, non-owned and
period shown on the current certificate borrowed vehicles used in connection with this
of coverage ends during the duration of Contract.
the project;
2) Commercial General Liability: $1,000,000 each
v) retain all required certificates of coverage on occurrence. Coverage under the policy shall be as
file for the duration of the project and for one comprehensive as that provided in a current Insurance
year thereafter. Services Office (ISO) policy form approved for use in
vi) notify the City in writing by certified mail or Texas and the policy shall have no exclusions by
personal delivery, within ten (10) days after endorsement unless such are approved by the City.
the person knew or should have known, of 3) Asbestos Abatement Liability Insurance: When the
any change that materially affects the Project specifically requires the removal of Asbestos
provision of coverage of any person providing Containing Materials, the Contractor shall be required
services on the project;and to maintain Asbestos Abatement Liability Insurance as
vii) contractually require each person with whom follows: $1,000,000 per occurrence; $2,000,000
contracts, to perform arequired m aggregate limit. The coverage shall include any
it paragraphs t - vii), with the certificates of pollution exposure, including environmental impairment
coverage to be provided tthe person for liability, associated with the services and operations
whom they are providing services. performed under this contract in addition to sudden and
accidental contamination or pollution liability for gradual
4) Posting of Required Workers Compensation Coverage. emissions and clean-up costs.
a) The contractor shall post a notice on each project K-4 BUILDER'S RISK INSURANCE.
site informing all persons providing services on the
project that they are required to be covered, and Unless stated otherwise in the Proposal or Invitation, the
stating how a person may verify current coverage Contractor shall procure, pay for and maintain at all times
and report failure to provide coverage.This notice during the term of this Contract, Builders Risk Insurance
does not satisfy other posting requirements against the perils of fire,lightning,windstorm,hurricane,hail,
imposed by the Texas Workers Compensation Act riot, explosion, civic commotion, smoke, aircraft, land
or other Texas Workers Compensation vehicles,vandalism, and malicious mischief, at a limit equal
Commission rules. This notice must be printed to 100%of the Contract Sum.
with a title in at least 30 point bold type and text in
at least 19-point normal type, and shall be in both The policy shall include coverage for materials and supplies
English and Spanish and any other language while in transit and while being stored on or off site. If
common to the worker population. The text for the specifically required in the Instructions to Bidders, the policy
notices shall be the following text, without any shall include coverage for flood and earthquake. Different
additional words or changes: sub-limits for these coverages must be approved by the City.
"REQUIRED WORKER'S
COMPENSATION COVERAGE
GC- 17 of 24
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Consequential damage due to faulty workmanship and/or 11) "Other insurance" as referenced in any policy of
design performed by the Contractor or his agents shall be insurance providing coverages required herein shall not
covered. apply to any insurance policy or program maintained by
the City of Fort Worth.
Upon completion of the Work, the Contractor shall notify the
City of Fort Worth in writing before terminating this 12) Contractor shall agree to either require its
insurance. subcontractors to maintain the same insurance
coverages and limits thereof as specified herein or the
K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor shall provide such coverage on the
Contractor shall provide a certificate of insurance Contractor's subcontractors.
documenting the Transportation and Public Works
Department,City of Fort Worth as a"Certificate Holder",and SECTION L
noting the specific project(s) covered by the Contractor's CHANGES IN THE WORK
insurance as documented on the certificate of insurance.
More than one certificate may be required of the Contractor L-1 CHANGE ORDER. The Owner, without
depending upon the agents an/or insurers for the invalidating the Contract, may order Changes in the Work
Contractor's insurance coverages specified for the project(s). within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum
K-6 OTHER INSURANCE RELATED and the Contract Time being adjusted accordingly.All Such
REQUIREMENTS. Changes in the Work shall be authorized by Change Order,
and shall be executed under the applicable conditions of the
1) The City of Fort Worth shall be an additional insured,by Contract Documents.
endorsement,on all applicable insurance policies.
A Change Order is a written order to the Contractor signed
2) Applicable insurance policies shall each be endorsed by the Contractor, Owner and the Architect, issued after the
with a waiver of subrogation in favor of the City of Fort execution of the Contract,authorizing a Change in the Work
Worth. or adjustment in the Contract Sum or the Contract Time.The
3) Insurers of polices maintained by Contractor and its Contract Sum and the Contract Time may be changed only
by Change Order.
subcontractor(s),if applicable,shall be authorized to do
business in the State of Texas, or otherwise approved Any changes in work required due to changed or unforeseen
by the City of Fort Worth,and such shall be acceptable conditions,or by request of either the Contractor or the City,
to the City of Fort Worth insofar as their financial shall be coordinated with the Director, Department of
strength and solvency are concerned. Any company Transportation and Public Works. A change order must be
through which the insurance is placed must have a written and duly negotiated and executed prior to performing
rating of at least A:VII,as stated in current edition of A. changed work.
M. Best's Key Rating Guide. At the City's sole
discretion,a less favorable rate may be accepted by the The cost or credit to the Owner resulting from a Change in
City. the Fort Worth shall be determined in one or more of the
4) Deductible limits on insurance policies and/or self following ways:
insured retentions exceeding $1-0,000 require approval 1) by mutual acceptance of a lump sum property itemized,
of the City of Fort Worth as respects this Contract. including the allowance to Contractor for overhead and
5) The City of Fort Worth shall be notified in writing a profit stipulated in the original contract proposal;
minimum of thirty days prior to an insurer's action in the 2) by unit prices stated in the Contract Documents or
event of cancellation, non-renewal or material change subsequently agreed upon;or
in coverage regarding any policy providing insurance
coverage required in this Contract. 3) by cost and a mutually acceptable fixed or percentage
6) Full limits of insurance shall be available for claims fee.
arising out of this Contract with the City of Fort Worth. If none of the methods set forth herein above is agreed
7) The Contractor shall provide certificates of insurance to upon,the Contractor, provided he receives a Change Order.
shall promptly proceed with the Work involved. The cost of
the City prior to commencement of operations pursuant
•' such work shall then be determined on the basis of the
to this Contract.Any failure on part of the City of Fort
Worth to request such documentation shall not be Contractor's reasonable expenditures and savings,including
construed as a waiver of insurance requirements a reasonable allowance for overhead and profit as indicted in
specified herein. the original contract proposal. In such cases, the Contractor
shall keep and present, in such form as the Architect shall
8) The City of Fort Worth shall be entitled, upon request prescribe, an itemized accounting together with appropriate
supporting data. Pending final determination of cost to the
and without incurring expense, to review the insurance Owner, payments on account shall be made on the
policies including endorsements thereto and, at its Architecrs Certificate of Payment as approved by the
discretion, to require proof of payment for policy Owner.
premiums.
If after the contract has been executed, the Architect,
9) The City of Fort Worth shall not be responsible for requests a price proposal from the Contractor for a proposed
paying the cost of insurance coverages required herein. change in scope of the work, Contractor shall process such
proposal within seven days of receipt and return the price
10) Notice of any actual or potential claim and/or litigation quote to the Architect in writing. The Architect shall review
that would affect insurance coverages required herein the price quotation and if approval is recommended,forward
shall be provided to the City in a timely manner. the proposed change order request and price proposal to the
FOwner for approval. If the Architect will attempt to negotiate
GC- 18 of 24
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with Contractor to revise the proposal to a figure which is fair the Work in accordance with Section L without change in
and reasonable and forward it on to the Owner for approval. Contract Sum or Contract Time. The Contractor shall cant'
if the negotiations do not result in an equitable solution, the out such Field Orders promptly.
Architect shall prepare a cost-plus type Change Order with a
price-not-to-exceed figure for approval by the City and SECTION M
require specific documentation to be provided by Contractor UNCOVERING AND CORRECTION OF WORK
in accordance with the paragraph above.
M-1 UNCOVERING OF WORK. If any Work should be
Contractor is advised that according to City of Fort Worth covered contrary to the request of the Owner or Architect,it
Charter, that when the cumulative effect of Change Orders must be uncovered for observation and replaced, at the
results in an increase in cost of the contract amount by over Contractor's expense.
$3,000, the City Council must approve all such Change
Orders which will exceed this limit. Normal processing time If any other work has been covered which the Owner or
for the City Staff to obtain City Council approval, once the Architect have not specifically requested to observe prior to
recommended change order has been received at the City, being covered, the Architect or the Owner may request to
is approximately thirty (30) days . Owner, Architect and see such work and it shall be uncovered by the Contractor.If
Contractor shall endeavor to identify Change Order items as such Work be found in accordance with the Plans and
early in the Construction process as possible to minimize Specifications,the cost of uncovering and replacement shall,
their impact on the construction schedule. by appropriate Change Order, be charged to the Owner. If
such work be found not in accordance with the Plans and
If unit prices are stated in the Contract Documents or Specifications, the Contractor shall pay such costs unless it
subsequently agreed upon, and if the quantities originally be found that this condition was caused by a separate
contemplated are so changed in a proposed Change Order contractor employed by the Owner.
that application of the agreed unit prices to the quantities of
Work proposed will create a hardship on the Owner or the M-2 CORRECTION OF WORK. The Contractor shall
Contractor, the applicable unit prices shall be equitably promptly correct all work rejected by the Owner or Architect
adjusted to prevent such hardship. as defective or as failing to conform to the Plans and
Specifications whether observed before or after Substantial
If the Contractor claims that additional cost or time is Completion and whether or not fabricated, installed or
involved because of (1) any written interpretation issued completed. The Contractor shall bear all costs of correcting
pursuant to Section A. (2) any order by the Architect or such rejected Work, including the cost of the Architect's
Owner to stop the Work pursuant to Section B, where the additional service thereby made necessary.
Contract was not at fault,or(3)any written order for a minor
change in the Work,the Contractor shall make such claim. If, within one year after the Date of Substantial Completion
or within such longer period of time as may be prescribed by
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If law or by the terms of any applicable special guarantee
the Contractor wishes to make a claim for an increase in the required by the Contract Documents, any of the work is
Contract Sum or an extension in the Contract Time,he shall found to be defective or not in accordance with the Contract
give the Architect written notice thereof within a reasonable Documents, the Contractor shall correct it promptly after
time after the occurrence of the event that gave rise to such receipt of a written notice from the Owner to do so, unless
claim. This notice shall be given by the Contractor before the Owner has previously given the Contractor a written
proceeding to execute the Work, except in an emergency acceptance of such condition, describing same specifically
endangering life or property in which case the Contractor and not generally. The Owner shall give such notice
shall proceed in accordance with Section J. No such claim promptly after discovery of the condition.
shall be valid unless so made. Any change in the Contract
Sum or Contract Time resulting from such claim,if approved All such defective or non-conforming work under the
by the Owner,shall be authorized by Change Order. preceding paragraphs shall be removed from the site where
necessary, and the work shall be corrected to comply with
L-3 OVERHEAD ALLOWANCES FOR CHANGES: the Contract Documents without cost to the Owner.
Should any change in the work or extra work be ordered,
the following applicable percentage shall be added to The Contractor shall bear the cost of making good all work of
Material and Labor costs to cover overhead and profit separate contractors destroyed or damaged by such removal
or correction.
1. Allowance to the Contractor for overhead and profit for
extra work performed by the Contractor's own forces shall If the Contractor does not remove such defective or non-
not exceed fifteen percent(15%). conforming work within a reasonable time fixed by written
notice from the Architect or the Owner, the Owner may
2. Allowance to the Contractor for overhead and profit for remove it and may store the materials or equipment at the
extra work performed by a Subcontractor and supervised by expense of the Contractor.If the Contractor does not pay the
the Contractor shall not exceed ten percent j10%1. cost of such removal and storage within ten days thereafter,
the Owner may upon ten additional days'written notice sell
L-4 MINOR CHANGES IN THE WORK. The Architect such work at auction or at private sale and shall account for
shall have authority to order minor changes in the Work not the net proceeds thereof, after deducting all the costs that
involving an adjustment in the Contract Sum or an extension should have been bome by the Contractor including
of the Contact Time and not inconsistent with the intent of compensation for additional architectural services. If such
the Contract Documents. Such changes may be effected by proceeds of sale do not cover all costs that the Contractor
Field Order or by other written order.Such changes shall be should have bome, the difference shall be charged to the
confirmed in writing by the Architect and shall be binding on Contractor and an appropriate Change Order shall be
the Owner and the Contractor. issued.If the payments then or thereafter due the Contractor
are not sufficient to cover such amount, the Contractor shall
L-5 FIELD ORDERS. The Architect may issue written pay the difference to the Owner.
Field Orders which interpret the Contract Documents in
accordance with Section A,or which order minor changes in
GC- 19 of 24
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If the Contractor fails to correct such defective or non- b) Place no further orders or subcontracts except as may
conforming work, the Owner may correct it in accordance be necessary for the completion of the work not
with Section G. terminated.
The obligation of the Contractor under this Section shall be c) Terminate all orders and subcontracts to the extent that
in addition to and not in limitation of any obligations imposed they relate to the performance of the work terminated
upon him by special guarantees required by the Contract by the notice of termination.
Documents or otherwise prescribed by law.
After termination as above,the City will pay the contractor a
M-3 ACCEPTANCE OF DEFECTIVE OR NOW proportionate part of the contract price based on the work
CONFORMING WORK. If the Owner prefers to accept completed; provided, however, that the amount of payment
defective or non-conforming work, he may do so instead of on termination shall not exceed the total contract price as
requiring its removal and correction,in which case a Change reduced by the portion thereof allocatable to the work not
Order will be issued to reflect an appropriate reduction in the completed and further reduced by the amount of payments,
Contract Sum, or, if the amount is determined after final if,any otherwise made. Contractor shall submit its claim for
payment,it shall be paid by the Contractor. amounts due after termination as provided in this paragraph
within 30 days after receipt of such claim. In the event of
SECTION N any dispute or controversy as to the propriety or allowability
TERMINATION OF THE CONTRACT of all or any portion of such claim under this paragraph,such
dispute or controversy shall be resolved and be decided by
N-1 TERMINATION BY THE CONTRACTOR. If the the City Council of the City of Fort Worth, and the decision
work is stopped for a period of 30 days under an order or by the City Council of the City of Fort Worth shall be final
any court or other public authority having jurisdiction, and binding upon all parties to this contract
through no act or fault of the Contractor or a Subcontractor
or their agents or employees or any other persons SECTION O
performing any of the work under a contract with the SIGNS
Contractor,or if the work should be stopped for a period of
30 days by the Contractor for the Owner's failure to make The Contractor shall construct and install the project
payment thereon as provided in Section I, then the designation sign as required in the Contract Documents and
Contractor may after the end of such period of 30 days and in strict accordance with the Specifications for "Project
upon seven additional days'written notice to the Owner and Designation Signs."This sign shall be a part of this Contract
the Architect,terminate the Contract. and shall be included in the Contractor's Base Bid for the
Project.
N-2 TERMINATION BY THE OWNER. If the
contractor is adjudged as bankrupt,or if he makes a general SECTION P
assignment for the benefit of his creditors, or if a receiver is TEMPORARY FACILITIES
appointed on account of his insolvency, of if the Contractor
refuses, except in cases for which extension of time is P-1 SCOPE. The Contractor shall furnish, erect, and
provided, to supply enough properly skilled workmen or maintain facilities and perform temporary work required in
proper materials, or if he fails to make prompt payment to the performance of this Contract,including those shown and
Subcontractors or for materials or labor, or fails to comply specified.
with al Laws, Statutes, Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or P-2 USE OF TEMPORARY FACILITIES. All
otherwise is guilty of a substantial violation of a provision of temporary facilities shall be made available for use by all
the Contract Documents, then the Owner, on its own workmen and subcontractors employed on the project,
initiative or upon certification by the Architect that sufficient subject to reasonable directions by the Contractor as to their
cause exists to justify such action, may,without prejudice to proper and most efficient utilization.
any rights or remedy and after giving the Contractor and his
surety, if any, seven (7) days' written notice, terminate the P-3 MAINTENANCE AND REMOVAL. The
employment of the Contractor and take possession of the Contractor shall maintain temporary facilities in a proper,
site and of all materials, equipment, tools, construction safe operating and sanitary condition for the duration of the
equipment and machinery thereon owned by the Contractor Contract. Upon completion of the Contract, all such
and may finish the work by whatever method he may deem temporary work and facilities shall be removed from the
expedient. In such case the Contractor shall not be entitled premises and disposed of unless otherwise directed or
to receive any further payment until the Work is finished. specified hereunder.
If the costs of finishing the Work,including compensation for P-4 FIELD OFFICES AND SHED. The Contractor
the Architect's additional services., exceed the unpaid shall provide a temporary field office building for himself, his
balance of the Contract, the Contractor shall pay the subcontractors and use by the Architect. For construction
difference to the Owner. contracts with a bid price in excess of $1,000,000.00, the
Contractor shall provide a separate field office for the City's
The City of Fort Worth may terminate this contract in whole, field representative (but the separate office may be in the
or from time to time,in part,whenever such termination is in same structure).The buildings shall afford protection against
the best interest of the City. Termination will be effected by the weather, and each office shall have a lockable door, at
delivering to the Contractor a notice of termination specifying least one window, adequate electrical outlets and lighting,
to what extent performance of the work of the contract is and a shelf large enough to accommodate perusal of the
being terminated and the effective date of termination. After project drawings. Openings shall have suitable locks. Field
receipt of termination the contractor shall: offices shall be maintained for the full time during the
operation of the work of the Contract. During cold weather
a) Stop work under the Contract on the date and to the months, the field offices shall be suitably insulated and
extent specified on the notice of termination. equipped with a heating device to maintain 70 degree
Fahrenheit temperature during the workday. During warm
weather the offices shall be equipped with an air conditioning
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device to maintain temperature below 75 degrees F. Upon P-8 HEATING. Heating devices required under this
completion of the work of the Contract, the Contractor shall paragraph shall not be electric. The Contractor shall provide
remove the building from the premises. In addition to the heat,ventilation, fuel and services as required to protect all
drawing shelf, provide for the City field representatives work and materials and to keep the humidity down to the
office: one deck, four chairs, plan rack and a four drawer extent required to prevent contusion of any metal and to
filing cabinet (with lock). Each office shall contain not less prevent dampness or mildew which is potentially damaging
than 120 square feet of floor space. to materials and finishes. All such heating, ventilation and
services shall be provided and maintained until final
The Contractor shall provide and maintain storage sheds, acceptance of all work. In addition, the Contractor shall
other temporary buildings or trailers on the project site as provide heat ventilation prior and during the following work
required for his use. Location of sheds and trailers shall be operations as follows:
as approved by the Architect. Remove sheds when work is
completed,or as directed. a) At all times during the placing, setting and curing of
concrete provide sufficient heat to insure the heating of
P-5 TELEPHONE. The Contractor shall provide and the spaces involved to not less than 40 F.
pay for telephone installation and service to the field offices
described above. Service shall be maintained for the b) From the beginning of the application of drywall and
duration of operations under this contract. The Contractor during the setting and curing period, provide sufficient
shall provide for and pay for an automatic telephone- heat to produce a temperature in the spaces involved of
answering device at the site office for the duration of the not less than 55 F.
project. The contractor shall provide a separate telephone
line, and instrument for use by the City's field c) For a period of seven(7)days previous to the placing of
representatives. interior finish materials and throughout the placing of
finish painting,decorating and laying of resilient flooring
P-6 TOILET FACILITIES. The Contractor shall materials, provide sufficient heat to produce a
provide proper, sanitary and adequate toilet facilities for the temperature of not less than 60 F.
use of all workmen and subcontractors employed on the
project. P-9 TEMPORARY CONSTRUCTION, EQUIPMENT
AND PROTECTION
P-7 UTILITIES. Contractor shall make all necessary
arrangements and provide for temporary water and The Contractor shall provide, maintain, and remove upon
electricity required during the construction. Contractor shall completion of the work all temporary rigging, scaffolding,
provide and install temporary utility meters during the hoisting equipment, rubbish chutes, ladders to roof,
contract construction period.These meters will be read and barricades around openings,and all other temporary work as
the Contractor will be billed on this actual use. The required to complete all work of the Contract. Contractor
Contractor shall provide all labor and materials required to shall coordinate the use and furnishing of scaffolds with his
tap into the utilities. The Contractor shall make the sub-contractors.
connections and extend the service lines to the construction
area for use of all trades. Upon completion of the work all The Contractor shall provide, maintain, and remove upon
utility lines shall be removed and repairs made to the completion of the work, or sooner, if authorized by the
existing lines. Only utilities at existing voltages, pressures, Architect, all fences, barricades, lights, shoring, pedestrian
frequencies,etc.will be available to the Contractor, walkways, temporary fire escapes, and other protective
structures or devices necessary for the safety of workmen,
Water. Provide an ample supply of potable water for all City employees,equipment,the public and property.
purposes of construction at a point convenient to the project
or as shown on the Drawings.Pipe water from the source of All temporary construction and equipment shall conform to
supply to all points where water will be required. Provide all regulations, ordinances, laws and other requirements of
sufficient hose to cant' water to every required part of the the authorities having jurisdiction, including insurance
construction and allow the use of water facilities to companies, with regards to safety precautions, operation
subcontractors engaged on the work. Provide pumps, tanks and fire hazard.
and compressors as may be required to produce required
pressures. The Contractor shall provide and maintain pumping facilities,
including power,for keeping the site,all times,whether from
Electric Service. Provide adequate electric service for power underground seepage,rainfall,drainage of broken lines.
and lighting to all points where required.Temporary,electric
service shall be of sufficient capacity and characteristics to The Contractor shall maintain provision for dosing and
supply proper current for various types of construction tools, locking the building at such time as possible to do so. If this
motors, welding machines, lights, heating plant, air is not feasible,maintain a night
conditioning system, pumps, and other work required.
Provide sufficient number of electric outlets so that 50 foot The Contractor shall provide and maintain all barricades or
long extension cords will reach all work requiring light or enclosures, required to protect the work in progress from
power. outside elements, dusts, and other disturbances as a result
of work under this Contract. Such protection shall be
Lighting. Supply and maintain temporary lighting so that positive,shall meet the approval of the Architect and shall be
work of all trades may be properly and safely performed, in maintained for the duration of the construction period or as
such areas and at such time that day-lighting is inadequate. required to provide for the protection as specified.
Provide at least 0.75 watts of incandescent lighting per
squgr4e foot and maintain a socket voltage of at least 110 P-10 PROJECT BULLETIN BOARD. The Contractor
volts. Use at least 100 watt lamps. In any event,the lighting shall furnish,install and maintain during the life of the project
intensity shall not be less than 5 foot candles in the vicinity of a weather-tight bulletin board approximately 3 feet high by 5
work and traffic areas. feet wide having not less than two hinged or sliding glass
doors with provisions for locking.The bulletin board shall be
mounted where and as approved by the Architect, in a
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prominent place accessible to employees of the Contractor
and sub-contractors, and to applicants for employment.The
bulletin board shall remain the property of the Contractor and
shall be removed by him upon completion of the Contract
work. The following information which will be furnished by
the City to the Contractor, shall be posted on the bulletin
board and shall be maintained by the Contractor in easily
readable condition at all times for the duration of the
Contract.
a. The Equal Opportunity Poster and Notice
Nondiscrimination of Employment(Standard Form
38).
b. Wage Rate Information Poster (Form SOL 155),
with the Contract Schedule of minimum wage
rates as required by the Davis-Bacon Act.
C. Safety Posters.
SECTION Q
VENUE
Should any action arise out of the terms and conditions of
this contract, venue for said action shall lie in Tarrant
County,Texas,
I
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GENERAL CONDITIONS
INDEX
D-22 Cutting and Patching of Work
A DEFINITIONS PROCEDURES AND D-23 Cleaning Up
INTERPRETATIONS D-24 Communications
A-1 Contract Documents E SUBCONTRACTORS
A-2 Entire Agreement
A-3 Work E-1 Definition
A-4 Execution of the Contract Documents E-2 Award of Subcontracts
A-5 Familiarity with Proposed Work E-3 Terms of Subcontracts
A-6 One Unified contract E-4 Minority and Women's Business Enterprise
A-7 Division of Work (M/WBE)
A-8 Interpretations E-5 Payments to Sub-Contractors
A-9 Copies of Working Drawings and
Specifications F SEPARATE CONTRACTS
A-10 Minority and Women's Business Enterprise
Policy F-1 Owner's Right
A-11 Correlation and Intent F-2 Mutual Responsibility of Contractors
A-12 Age F-3 Cutting and Patching Under Separate
A-13 Disability Contracts
F-4 Owner's Right to Clean Up
B IDENTITY OF ARCHITECT
G MISCELLANEOUS PROVISIONS
B-1 Contract Administration
B-2 Termination and Suspension of Work G-1 Conflict of Laws
B-3 Duties of Architect G-2 Governing Laws
B-4 Architect as Representative of the Owner G-3 Personal Liability of Public Officials
B-5 Access to Job Site G-4 Compliance with Laws
B-6 Interpretations G-5 Indemnification
B-7 Authority to Stop Work G-6 Successors and Assigns
B-8 Miscellaneous Duties of Architect G-7 Written Notice
B-9 Termination of Architect G-8 Surety Bonds
G-9 Owner's Right to Carry Out the Work
C OWNER G-10 Royalties and Patents
G-11 Tests
C-1 Identification G-12 Interruption of Existing Utilities Services
C-2 Duties of the Owner G-13 Laying Out Work
C-3 Instructions G-14 Measurements
C-4 Access to Job Site G-15 Existing Overhead or Underground Work
C-5 Progress Inspections G-16 Alignment of Joints in Finish Materials
*" C-6 Authority to Stop Work G-17 Integrating Existing Work
C-7 Substantial Completion Inspection G-18 Hazardous Material Certification
C-8 Right to Audit G-19 Location of Equipment and Piping
G-20 Overloading
D CONTRACTOR G-21 Manufacturer's Instruction
G-22 Cleaning Up
D-1 Identification G-23 Dust Control
D-2 Independent contractor G-24 Fire Protection
D-3 Subletting G-25 Cutting and Patching
'.z D-4 Review of contract Documents G-26 Project Closeout
D-5 Supervision G-27 Guarantee and Extended Guarantee
D-6 Labor and Materials G-28 Y2K Compliance Requirements
D-7 Prevailing Wage Rate G-29 Record Drawings
D-8 Warranty G-30 Construction Fence
D-9 Taxes G-31 Product Delivery,Storage,Handling
D-10 Licenses,Notices and Fees G-32 Removal of Salvaged Material
DA I Cash Allowances G-33 Manufacturer's Reference
D-12 Superintendent
D-13 Responsibility for Employees and Sub- H CONTRACT TIME
contractors
D-14 Failure to Commence work H-1 Definitions
D-15 Progress Schedule H-2 Progress and Completion
D-16 Drawings and Specifications at the Site H-3 Delays and Extension of Time
D-17 Shop Drawings and Samples H-4 No Damage for Delay
D-18 Site Use
D-19 Safe Work Practices I PAYMENTS AND COMPLETION
D-20 Field Offices and Sheds
D-21 Trench Safety 1-1 Contract Sum
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1-2 Schedule of Values L-5 Field Orders
1-3 Adjustment of Quantities
1-4 Progress Payments M UNCOVERING AND CORRECTION OF
1-5 Certificates for Payment WORK
1-6 Payments Withheld
1-7 Unresolved Claims M-1 Uncovering of Work
1-8 Liquidated Damages M-2 Correction of Work
1-9 Failure of Payment M-3 Acceptance of Defective or Non-Conforming
1-10 Substantial Completion and Final Payment Work
J PROTECTION OF PERSONS AND N TERMINATION OF THE CONTRACT
PROPERTY
N-1 Termination by the Contractor
r J-1 Safety Precautions and Programs N-2 Termination by the Owner
J-2 Safety of Persons and Property
J-3 Hard Hats O SIGNS
J-4 Emergencies
P TEMPORARY FACILITIES
K INSURANCE
P-1 Scope
K-1 Insurance Required P-2 Use of Temporary Facilities
K-2 Workers'Compensation Insurance P-3 Maintenance and Removal
K-3 Liability Insurance P-4 Field Offices and Sheds
P-5 Telephone
K-4 Builder's Risk Insurance
P-6 Toilet Facilities
+►' K-5 Proof of Insurance P-7 Utilities
K-6 Other Insurance Related Requirements P-8 Heating
L CHANGES IN THE WORK P-9 Temporary Construction,Equipment and
Protection
L-1 Change Order P-10 Project Bulletin Board
L-2 Claims for Additional Cost or Time Q VENUE
L-3 Overhead Allowance for Changes
L-4 Minor Changes in the Work
00000
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FORT WORTH PUBLIC LIBRARY
r
SECTION 09640-WOOD FLOORING
PART 1 -GENERAL
1.1 RELATED DOCUMENTS
A. Drawings and General Conditions apply to this Section.
1.2 SUMMARY
A. This Section includes the following:
1. Solid-wood strip or plank flooring.
1.3 Submittals
A. Product Data: For each type of product indicated. MSDS Documentation required
14 days prior to finishing operations
B. Shop Drawings: Show installation details including location and layout of each
type of wood flooring and accessory.
C. Samples for Initial Selection: Manufacturer's color charts showing the full range
of colors and finishes available for wood flooring
D. Samples for Verification.. For each type of wood flooring and accessory, with
stain color and finish required, 6 samples approximately 12 inches long and of
same thickness, material and finish indicated for the Work. Include sample sets
showing the full range of normal color and texture variations expected.
E. Provide jobsite mock-up panel consisting of one section 2 feet by 2 feet showing
Light Cherry field, Dark Cherry border for review by the Architect.
1.4 QUALITY ASSURANCE
A. Installer Qualifications:An experienced installer who has completed wood
flooring similar in material, design, and extent to that indicated for this Project
and whose work has resulted in wood flooring installations with a record of
successful in-service performance.
B. Source Limitations: Obtain each type of material and product from one source
with resources to provide materials and products or consistent quality in
appearance and physical properties
C. Hardwood flooring: Comply with NOFMA grading rules for species, grade, and
cut
1. Certification: Provide flooring that carries NOFMA grade stamp on each
bundle or piece.
D. Deliver wood flooring materials in unopened canons or bundles.
E. Protect wood flooring from exposure to moisture. Do not deliver wood flooring
until after concrete, masonry, plaster, ceramic tile, and similar wet-work is
complete and dry.
F. Store wood flooring materials in a dry, warm,well ventilated,weathertight
location.
G. Move wood flooring into spaces where it will be installed at least seven days prior
to installation.
1.5 PROJECT CONDITIONS
A. Conditioning; Maintain relative humidity planned for building occupants and an
v ambient temperature between 65 and 75 deg F in spaces to receive wood
WOOD FLOORING 09640-1
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FORT WORTH PUBLIC LIBRARY
flooring for at least seven days before installation, during installation, and for at
least seven days after installation. After post- installation period, maintain relative
humidity and ambient temperature planned for building occupants.
1. For unfinished products, open sealed packages to allow wood flooring to
acclimatize.
2. Do not install flooring until it adjusts to the relative humidity of and is at
the same temperature as the space where it is to be installed.
3. Close spaces to traffic during flooring installation and for time period after
installation recommended in writing by flooring and finish manufacturers.
B. Complete finishing of site-finished wood flooring after other finishing operations,
including painting. have been completed.
FC. Protect and isolate adjacent areas, return air grilles, doorways, itc with
appropriate dustproof seal throughout project.
1.6 WARRANTY
A. General Warranty: Special warranty specified in this Article shall not deprive
Owner of other rights Owner may have under other provisions of the Contract
Documents and shall be in addition to, and run concurrent with, other warranties
made by Contractor under requirements of the Contract Documents
B. Engineered-Wood Flooring Warranty:Written warranty, signed by manufacturer
agreeing to re- pair or replace engineered-wood flooring that fails in materials or
workmanship. Failures include, but are not limited to, buckling, cupping,warping1
and delamination.
1.7 EXTRA MATERIALS
A. Furnish extra materials described below, before installation begins, that match
products in-stalled and that are packaged with protective covering for storage
and identified with labels describing contents.
1. Wood Flooring: Equal to 3 percent of amount installed for each type and
finish indicated
PART 2 - PRODUCTS
2.1 MANUFACTURERS
1P A. Available Products: Subject to compliance with requirements, products that may
be incorporated into the Work include, but are not limited to, the products
indicated in the Wood Flooring Schedule at the end of Part 3.
B. Products: Subject to compliance with requirements, provide one of the products
indicated for each designation in the Wood Flooring Schedule at the end of Part
3.
2.2 SOLID-WOOD STRIP AND PLANK FLOORING
A. Strip Flooring WD-1: Provide kiln-dried wood flooring as follows:
1. Species: See schedule below.
2. Grade: Number 1.
3. Cut: Plain sawn.
4. Thickness: 3/4 inch.
5. Face Width: See Schedule below.
6. Matching: Tongue and groove, and end matched.
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7. Backs: Channeled (kerfed)for stress relief.
8. Random Lengths: Provide standard random-length strips complying with
applicable grading rules.
9. Parquet Lengths: Provide lengths required to form the pattern indicated.
2.3 FINISHING MATERIALS
A. Urethane Finish System: Complete system of compatible components that is
recommended by finish manufacturer for application indicated.
1. Type:Water based.
2. Stain: Penetrating and non-fading type.
a. Color: Match Architect's samples.
3. Floor Sealer: Catalyzed penetrating type-2 coats.
4. Finish Coats: Formulated for multi-coat application on wood flooring.
5. Available Manufacturers: Subject to compliance with requirements,
manufacturers offer-mg products that may be incorporated into the Work
include, but are not limited to, the following:
6. Manufacturers: Subject to compliance with requirements, provide
products by one of the following:
a. Basic Coatings.
b. BonaKemi USA, Inc.
C. Dura Seal Division; Minwax Co., Inc.
d. Hillyard Floor Treatments.
e. Huntington Laboratories, Inc.
f. National Coatings Co.
B. Wood Filler; Formulated to fill and repair seams, defects. and open-grain
hardwood floors, compatible with finish system components and recommended by filler
and finish manufacturers for use indicated. If required to match approved samples,
provide pigmented filler.
2.4 ACCESSORY MATERIALS
A. Vapor Retarder: ASTM 04397, polyethylene sheet not less than 6.0 mils thick
B. Plywood Underlayment:APA 23/32 inch thick, tongue and groove, glued and
nailed to slab per NOFMA recommendations.
C. Felt Underlayment ASTM D 226, Type I, No.15, asphalt-saturated felt.
D. Wood Flooring Adhesive: Mastic recommended by flooring and adhesive
manufacturers for application indicated.
E. Fasteners: As recommended by manufacturer, but not less than that
recommended in NOFMA's"Installing Hardwood Flooring"
F. Cork Expansion Strip: Composition cork strip complying with FS HH-C-576, Type
I-B, Class 2.
G. Wood Feature Strips: 2-1/4 inch wide, square edged Brazilian Cherry strips
furnished in lengths as tong as practical and in thickness to match wood flooring.
Refer to drawings for locations.
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H. Wood Trim: In same species and grade as wood flooring, unless otherwise
indicated.
1. Threshold: Tapered on each side and routed at bottom of one side to
accommodate wood flooring
2. Reducer Strip: 2-1/4 inches wide,tapered on one side, and in thickness
matching flooring.
I Metal Feature Strip: 1/8 by 3/4-inch solid polished brass terrazzo strip.
(Reference Only, NIC)
PART 3- EXECUTION
3.1 EXAMINATION
A. Examine substrates, areas, and conditions, with installer present, for compliance
with requirements, installation tolerances, and other conditions affecting
performance of wood flooring. Proceed with installation only after unsatisfactory
conditions have been corrected.
B. Gypsum fill over Concrete Slab
1. Verify that slabs are dry according to test methods recommended by
flooring manufacturer or, if none, by test methods in NOFMA's Installing
Hardwood Flooring."
2. Where wood flooring is installed directly over gypsum and concrete
slabs, grind high spots and fill low spots to provide a maximum 1/4-inch
deviation in any direction when checked with a 10-foot straight edge.
3. Upon demolition of plywood underlayment, repair gypsum fill as needed.
For information on gypsum fill, contact Mr.Bill Pickier or Gypsum Floors
of Texas, Inc. at(972)-620-9973
3.2 INSTALLATION
A. General: Comply with flooring manufactures written instructions, but not less than
recommendations in NOFMAs"Installing Hardwood Flooring," as applicable to
flooring type
B. Pattern: Lay wood flooring in pattern indicated on Drawings or, if not indicated, as
directed by Architect
C. Expansion Space: Provide expansion space existing brass terrazo edging of not
less than 1/4 inch, unless otherwise indicated in the Drawings
1 Unless fully concealed by trim, fill expansion space with flush cork
expansion strip.
D. Felt Underlayment: Where strip or plank flooring is nailed to solid-wood sub-floor,
install flooring over a layer of asphalt-saturated felt.
E. None
F. F Vapor Retarder Where wood flooring is installed on concrete slabs,
install a layer of polyethylene sheet according to flooring manufacturer's written
instructions.
G. Solid-Wood Strip and Plank flooring: Blind nail flooring to substrate according to
NOFMA's written recommendations.
3.3 SANDING AND FINISHING
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A. Machine-sand flooring to remove offsets, ridges, cups. and sanding-machine
marks that would be noticeable after finishing. Vacuum and tack with a clear
cloth immediately before applying finish.
B. Apply filler in accordance with manufacturer's written instructions.
1. Fill open-grained hardwood.
2. Fill and repair seams and defects.
C. Apply stain to match approved Samples.
D. Apply floor sealer according to finish manufacturer's written instructions.
E. Apply floor finish according to finish manufacturer's written instructions. Apply in
number of coats recommended by finish manufacturer for application indicated,
= but not less than three.
F. For water-based finishes, employ finishing methods recommended by finish
manufacturer to minimize grain raise.
3.4 PROTECTION
A. Cover installed wood flooring to protect it from damage or deterioration, before
and after finishing, during remainder of construction period. Use heavy kraft-
paper or other suitable covering. Do not use plastic sheet or film that could cause
condensation.
1. Do not cover site-finished floors with kraft paper, or any other material,
until finish reaches full cure. but not less than seven days after applying last coat.
3.5 WOOD FLOORING SCHEDULE
A. Site-Finished Solid-Wood Strip Flooring WF-1: Where this designation is
indicated, provide wood flooring complying with the following:
Species: American Cherry
Grade: As indicated by product designation above
Thickness: 3/4 inch.
Width: 2-1/4 inches.
Length Manufacturer's standard random,
Edges: Square.
Finish: Manufacturer's standard UV urethane to match Light Cherry per
architect's sample.
B. Site-Finished Solid-Wood Strip Flooring WF-2: Where this designation wood
flooring complying with the following:
Species: Brazilian Cherry
Grade: As indicated by product designation above.
Thickness: 3/4 inch.
Width: 2-1/4 inches
Length: Manufacturer's standard random.
Edges: Square.
Finish: Manufacturer's standard UV urethane to match Dark Cherry
color per Architect's sample.
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CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the ay of AD, 20 00 , by and
between the CITY OF FORT WORTH, a municipal corporation of T rra t County, Texas, organized and
existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th
day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the
Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city, hereinafter called OWNER, and The Frymire Company of the City of Fort Worth
County of Tarrant State of Texas hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
REPLACE WOOD FLOOR IN EAST GALLERY
CENTRAL LIBRARY
That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the construction and completion of said project in accordance with
the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth,
which Plans and Specifications and Contract Documents are hereto attached and made a part of this
contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)
days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the
successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments
upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the
Contractor.
The agreed upon total contract amount shall be $128,900.00 and includes the base bid and No Alternates.
Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 75 calendar
days.
Insurance Requirements:
The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works
Department as certificate holder, showing the required General Contractors Liability coverage, Auto
Liability, and Builders Risk.
Contractor agrees to provide to the City a Certificate showing that it has obtained a policy of workers
compensation insurance covering each of its employees on the project in compliance with State
Law. No Notice to Proceed will be issued until the Contractor has complied with this section.
As
Contract agrees to require each and every subcontractor who will perform work on the project to
provide to it a certificate from such subcontractor stating that the subcontractor has a policy of
workers compensation insurance covering each employee employed on the project. Contractor will
not permit any subcontractor to perform work on the project until such certificate has been acquired.
Contractor shall provide a copy of all such certificates to the City.
If this Contract is in excess of$25,000, the Contractor shall provide Payment Bond. If the Contractor is in
excess of$100,000, the Contractor shall provide both Payment and Performance Bonds for the full amount
of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by
this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi-
tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated
damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and
his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX (6)
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in SIX(6)counterparts with its corporate seal attached.
Done in Fort Worth, Texas,this the QnSotW day of _,AD, 20 00 .
-T'Pie Fypli ITCbrnpanV
Contractor
By: 4� APPROV
Name ',,,`
�►'✓ T By.
Office Assistan City Man ger
APPROVAL RECOMME DED: RECORDED:"Secretaryr By: By:
Transportation and Public Works Ci ��`)
APPROVED AS TO FORM AND LEGALITY: U-7 •
Dat
By: +
0 /
City Attorney Contract Authorization
Data
C - 2C� ' 'G;J ��
www Nest American Insurance Company
r�� 136 North Third Street,Hamilton,Ohio 45025
0810 CASUALTY GROUP BOND NO. 3-630-303
STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253
of the Texas Government Code
KNOW ALL MEN BY THESE PRESENTS:
That _Tbe Frymire Company
(hereinafter called the Principal),as Principal,and West American Insurance Company,a corporation,with its principal office in the City
of Hamilton,Ohio,licensed to do business in the State of Texas and admitted to write bonds,(hereinafter called the Surety),as Surety,are
held and firmly bound unto
City of Fort Worth,1000 Throckmorton,Fort Worth,Texas 76102
(hereinafter called the Obligee),as Obligee,in the amount of
One Hundred Twenty Eight Thousand,Nine Hundred and No/100 Dollars ($128,900.00 )
for the payment whereof,the said Principal and Surety bind themselves and their heirs,executors,administrators, successors and assigns,
jointly and severally,firmly by these presents.
WHEREAS,the Principal has entered into a certain contract with the Obligee,dated the
22nd day of May 2000
for
Replace Wood Floor in East Gallery Central Library,503 West Third Street,Fort Worth Texas
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall faithfully
perform the work in accordance with the plans,specifications and contract documents,then this obligation shall be null and void,otherwise
to remain in full force and effect.
PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code
and all liabilities on this bond shall be determined in accordance with the provisions,conditions and limitations of said Chapter to the same
extent as if it were copied at length herein.
IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this
22nd day of May 2000
Witness:
Seal
(If individual or firm)
The Frymire ConDmy
Attest: Principal
By:
( orporation)
"2
West American Insurance Company
^ D
S-4401 (2/99) Helen Zook / Attorney-in-Fact
r
w-►�► West American Insurance Company
�M� 136 North Third Street,Hamilton,Ohio 45025
oxio c�su��rr a�ou► BOND NO_ 3-630-303
STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253
of the Texas Government Code
KNOW ALL MEN BY THESE PRESENTS:
,That The Frymire Company
(hereinafter called the Principal),as Principal,and West American Insurance Company,a corporation,with its principal office in the City
of Hamilton,Ohio,licensed to do business in the State of Texas and admitted to write bonds,(hereinafter called the Surety),as Surety,are
held and firmly bound unto
City of Fort Worth
(hereinafter called the Obligee),as Obligee, in the amount of
One Hundred Twenty Eight Thousand Nine Hundred and No/100 Dollars ($128,900.00 )
for the payment whereof,the said Principal and Surety bind themselves and their heirs,executors,administrators, successors and assigns,
. .ntly and severally,firmly by these presents.
WHEREAS,the Principal has entered into a certain contract with the Obligee,dated the
22nd day of May 2000
for
Re lace Wood Floor in East Gallery Central Library,503 West Third Street,Fort Worth Texas
which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein.
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION IS SUCH,that if the said Principal shall promptly make
Fpayments to all claimants as defined in Chapter 2253 of the Texas Government Code,then this obligation shall be null and void,otherwise
to remain in full force and effect.
PROVIDED,HOWEVER,that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code
and all liabilities on this bond shall be determined in accordance with the provisions,conditions and limitations of said Chapter to the same
extent as if it were copied at length herein.
IN WITNESS WHEREOF,the said Principal and Surety have signed and sealed this instrument this
22nd day of May 2000
Witness:
(If individual or firm) (Sea])
The Frymire Con1pany
Attest: Principal
By: �
_ corporation)
West American Insurance Company
By: G '�
'S-4400 (2/1/99) Helen Zook Attorney-in-Fact
C l=R-TIFIED COPY OF POWER OF ATIOPUNEY
THE OHIO CASUALTY INSURANCE CONWANY
AMERICAN FIRE&CASUALTY COMPANY
WEST AMERICAN INSURANCE C0M]PANY
No. 34-064
Know Ad Men by These Presents: That THE OHIO CASUALTY INSURANCE COMPANY and AMERICAN FIItE A CASUALTY COMPANY,each an Obic
Corporation.and WEST AMERICAN INSURANCE COMPANY an Indiana Corporation,is pursuance of authority grated by Article VI.Section 7 of the By-Lava of The Ohio
Caaulty hwaatxe Company and American Fire A Casualty Company and Article Vt.Section I of Went American Insurance Company,do hereby nominate,constitute and appoint:
David C. Oxford,Steve Rickenbacher,Helen Zook,Rudolph Norris,Clinton Norris or Rebecca S. Thacker ofDallas,Texas its
trete and lawful agent(s)and attorney(s)-in-Gert,to make,execute,xsl and deliver for and on its behalf as surety,and as its act and deed my and all BONDS,UNDERTAENGS,
and REC a0GNIZANCES, not exceeding in any single im.tsm... FIFTEEN MILLION (S15,000,000.00) DOLLARS, excluding, however, any bond(,) or
undertaking(s)guaranteeing the payment of notes and interest thereon
And the execution of such bonds or umdetalcings in pursuance of these presents,shall be as binding upon said Companies,as Hilly and amply.to all intaus and purposes,as if they
had berm duly etmutsd and acknowledged by the regularly elected officers of the Companies at their administrative offices in Hamilton.Ohio,in their own proper pasmns.
The authority granted hereunder supersedes any previous authority heretofore granted the above named atto mey(s}itt-taei
In WITNESS WHEREOF,the undersigned officer of the said The Ohio Casualty Insurance Company.American Fie A Casualty Company and
West American Laurance Company has hereunto subscribed his name and affixed the Corporate Seal of each Company this 24th day of May,1999.
�l6At : =t9BdL�; _ SEAL
Sam Lawrence,Assistant Vice President
STATE OF OHIO,
COUNTY OF BUTLER
On this 24th day of May, 1999 before the subscribes,a Notary Public of the State of Ohio, in and for the County of Butler,duly commissioned and qualified,came Sam
Lawrence, Assistant Vice President of THE OHIO CASUALTY INSURANCE COMPANY AMERICAN-FIRE A CASUALTY COMPANY and WEST AMERICAN
INSURANCE COMPANY to me penomally known to be the individual and officer described in.and who executed the preceding instrument.and he acknowledged the ex= an of
the same,and being by me duly sworn depoaeth and saith,that he is the officer of the Companies aforesaid.and that the seals affixed to the preceding imstnmmrnt are the Corporate
Seals of said Compamiea,and the said Corporate Seals and his signature as officer were duly affixed and subscribed to the said insctmrmt by the authority and direction of the said
Corporations.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my Official Sul at the City of Flamiltan.State of Ohio,the day and year firs above written.
^4
Notary Public in and for Canty of Butler,State of Ohio
My Commission fission exaires September=2002.
This power of attorney is granted under and by authority of Articie VI.Section 7 of the By-Laws of The Ohio Casualty Insurance Company and Amencan Fire:A Casuaity Company
and Article VI.Section I of west American Insurance Company,extracts fiom which read:
Article VL Section 7.APPOINTVIEYr OF ATToRINEYS-IN-FACT,ETC -The chairman of the board,the president,any vice-president,the secretary or any assistant
seestaxy of each of these Compania shall be and is hereby vested with full power and authority to appoint sttasmcys-in-fact for the purpose of signing the name of the Companies as
artery to.and to execute,attach the corporate seal,aekmowledge and deliver any and all bonds,rseogmizwees,stipulations,undertakings or other instruments of suaetyship and
policies of irtnaanee to be given in favor of any individual,firm,corporatim or the official representative theeo&or to any county or state,or any official board or boards of county
or state,or the United Staten of America,or to any other political subdivision."
Article VI.Section I. APPOIDR vert OF RESIDENT OFFICERS. —rho Chairman of the Board,the President,any Vice President, s Secretary or any Assistant
Secretary shall be and is hereby vested with full power and authority to appoint attameys is fact for the purpose of signing the name of the corporation as surety or guarantor.and to
exrzsur,amach the corporate sal,acknowledge and deliver any and all bonds,nxopizz.czs stipulations,undertakings or other instruments of surcty-ship or guarantee,and policies
of insurance to be given in favor of in individual,fires,corporation,or the official representative therm&or to any county or state,or any official board or boards of any county or
agate,or the United States of America,or to any other political subdivision."
This instrument is sighed and sealed by facsimile as authorized by the following Resolution adopted by the respective directors of the Companies(adopted vbv 27, 1970-The Ohio
Casualty Ioanaace Company,adopted April 24, 1980-West American Insurance Company;adopted May 21,1998-American Fire:A Casualty Company):
"RESOLVED that the siguattre of any officer of the Company authorized by the By-Lawn to appoint attorneys is fact,the signature of the Secretary or any Assistant
Seerstary certifying to the correctness of my copy of a power of attorney and the seal of the Company may be affixed by facsimile to any power of attorney or copy thereof issued an
behalf of the Company. Such signatures and seal at hereby adopted by the Company as original signatures and seal,to be valid and binding upon the Company with the same fare--
and
acerand effect as though manually affixed"
CERTIFICATE
f the umderaigoed Assistant Vice President of The Ohio Caaulty laruranec Company,American Fire A Casualty Company and West American Insurance Company,do hereby
ratify that the foregoing power of attorney,the referenced By-Laws of the Companies and the above Resolution of their Boards of Directors are true and correct copies and are in
full force and effect on tbis date.
IN WITNESS WHEREOF.I have hereunto set my hand and the seals of the Campania this 22ND day of MAY 2000
eis
5-000 3/99 Assistant Vice President
f
ACURD. CERTIFICATE OF LIABILITY INSURANCE 05/22/2 00
PRODUCER (214)691-5721 (214)691-4961 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
K & S Group, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
Southwest Assurance Group, Inc ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
9400 N Central Expwy. , #950
Dallas, TX 75231-5044 INSURERS AFFORDING COVERAGE
INSURED The Frymire Company INSURER A: West American Insurance Co.
INSURER B: American Fire & Casualty
3000 Shotts INSURER C: Ohio Casualty Insurance Co.
Fort Worth, TX 76107 INSURER D: American National Fire Ins. Co
INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED.NOTWITHSTANDING
n ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSRTYPE OF INSURANCE POLICY NUMBER POLICYATM /YY EFFECTIVE PATOLICY EXPIRATION LIMITS
TR MMI D/VV
GENERAL LIABILITY KW(00)52634365 12/31/1999 12/31/2000 EACH OCCURRENCE $ 1,000,000
X COMMERCIAL GENERAL LIABILITY FIRE DAMAGE(Any one fire) $ 100,000
CLAIMS MADE Q OCCUR MED EXP(Any one person) $ 5,000
» A PERSONAL 8 ADV INJURY $ 1,000,000
GENERALAGGREGATE $ 2,000,00
GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG $ 2,000,000
POLICY X PRO• LOC
JECT
AUTOMOBILE LIABILITY AA(00)52634365 12/31/1999 12/31/2000 COMBINED SINGLE LIMIT
X ANY AUTO (Ea accident) $
1,000,000
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person) $
B
X HIRED AUTOS
BODILY INJURY $
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE
(Per accident) $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN EA ACC $
+ AUTO ONLY: AGG $
EXCESS LIABILITY0(00)52634365 12/31/1999 12/31/2000 EACH OCCURRENCE $ 5,000,000
X OCCUR F CLAIMS MADE AGGREGATE $ 5,000,000
C $
DEDUCTIBLE $
RETENTION $ $
0 H-
WORKERS COMPENSATION AND WW(00)52634365 12/31/1999 12/31/2000 X TORY STAT LIMITS ER
A EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $ 1,000,000
E.L.DISEASE-EA EMPLOYE9$ 1,000,000
E.L.DISEASE-POLICY LIMIT s 1,000,000
oryER IM167819610 08/31/1999 08/31/2000 Each Job Site - $10,000,000
D udders Risk All Job Sites - $12,000,000
11 Risk
Temp Loc & Transit-$50,000
DESCRIPTION OF OPERATIONS/LOCATIONSNEHICLESIEXCLUSIONS ADDED BY ENDORSEMENT/SPE91AL PROVISIONS
roject: Replace Wood Floor in East Gallery Central Library
lanket Add'l Insured Endts applicable on General Liability & Auto Liability in favor of Certificate
older. Blanket Waiver of Subrogation Endts applicable on Work Comp, Gen. Liab. , & Auto
iability to include Certificate Holder.
CERTIFICATE HOLDER ADDITIONAL INSURED;INSURER LETTER CANCELLATION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL*,X]>€XuWX MAIL
City of Fort Worth 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
Transportation & Public Works Dpt. KX)txLx' Xy4x'XXw(mXXX**M)iu)6xxmxx)6xXIX my4xX
1000 Throckmorton kux XX XYAXXNXXxX M%*wXXXXXXXXX
Fort Worth, TX 76107 AUTHORIZED REPRESENTATIVE
David Oxford/HELEN
ACORD 25-S(7/97) CACORD CORPORATION 1988
IMPORTANT
If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. A statement
on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may
require an endorsement. A statement on this certificate does not confer rights to the certificate
holder in lieu of such endorsement(s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract between
the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it
affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon.
"' ACORD 2"(7/97)
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, The Frymire Company
certifies that it provides worker's compensation insurance coverage for all of its employees employed on
City of Fort Worth project Replace Wood Floor in East Gallery — Central Library project number,
TPW 2000-017. �►
By:
Date
STATE OF TEXAS 3
COUNTY OF TARRANT 3
BEFORE ((--ME, the undersigned authority, on this day personally appeared
L. . rr-q m.l r�e_ , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as
the act and deed of �l�F C m c.r 1 , for
the purposes and considerations therein expressed and in the ca acity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this '�� day of
�20 CC' 000000000000(oc
SANDY Q. MARTINEZ
8_ s '� Notary Public,State of Texas Not Public in a d or the State of Texas
':,nE ,; My Commission Exp.06 03-2002 8
"1000000000000000==000004
(a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy
of workers compensation insurance covering each of its employees on the project in compliance
with state law. No Notice to Proceed will be issued until the Contractor has complied with this
section.
(b) Contractor agrees to require each and every subcontractor who will perform work on the
project to provide to it a certificate from such subcontractor stating that the subcontractor has a
policy of workers compensation insurance covering each employee employed on the project.
Contractor will not permit any subcontractor to perform work on the project until such certificate
has been acquired. Contractor shall provide a copy of all such certificates to the City.
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