HomeMy WebLinkAboutContract 47398 0TV SEM U1, ,
CONTRACT W. THIS COPY IS FOR:
CONTRACTOR
CITY SECRETARY
SPONSORING DEPT
PROJECT MANAGER
KFILE COPY
THE CITY OF FORT WORTH, TEXAS
Fort Worth Convention Center Arena Seating
Renovation
PMD2015-11
FORT WORTH9
BETSY PRICE DAVID COOKE
MAYOR CITY MANAGER
Steve Cooke
Director, Property Management Department
Kirk Slaughter
Director, Public Events Department
Cy Young Industries, Inc.
November 2015
OFFICIAL RECORD
CITFT.WORTH T%
x SECRETARY
Instruction to Offerors Pagel of 23
FWCC Arena Seating Renovation
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/10/2015 - Ordinance No. 21969-11-2015
DATE: Tuesday, November 10, 2015 REFERENCE NO.: C-27528
LOG NAME: 25FWCC ARENA SEAT RENOVATION
SUBJECT:
Authorize Execution of a Contract with Cy Young Industries, Inc., in the Amount of$674,195.00 Plus
$25,805.00 in General Contingency Allowance for a Total Contract Amount of$700,000.00 for the
Renovation of the Fort Worth Convention Center Arena Seating and Adopt Appropriation Ordinance
(COUNCIL DISTRICT 9)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the transfer to the Culture & Tourism Capital Projects Fund from the Culture & Tourism Fund
the amount of$156,604.00;
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
Culture & Tourism Capital Projects Fund in the amount of$156,604.00; and
3. Authorize the execution of a contract with Cy Young Industries, Inc., in the amount of$674,195.00 plus
$25,805.00 in general contingency allowance for a total contract amount of$700,000.00 for the renovation
of the Fort Worth Convention Center Arena Seating,
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a contract
with Cy Young Industries, Inc., in the amount of$700,000.00 for the renovation of the Fort Worth
Convention Center Arena seats, and to appropriate $156,604.00 from the Culture & Tourism Fund
designated for capital projects. The remaining funds for the project were appropriated on November 18,
2014 (M&C G-18363) and no further appropriation is necessary.
The Fort Worth Convention Center opened in 1968 and featured the existing arena, 100,000 square feet
of exhibit space and a full performing arts theatre. The City purchased the venue from Tarrant County in
1997 and has invested over$80,000,000.00 in the renovation and expansion of the facility, primarily
addressing exhibit and meeting spaces. Although millions of dollars have been invested in the HVAC and
other infrastructure improvements in the facility, the interior of the arena has not been renovated, except
for the lower bowl seats in early 2003. The Arena shows the wear and tear of thousands of guests who
have visited the facility to enjoy concerts, attend motivational rallies, watch children graduate from high
school or experience the thrill of the Circus. While the plans for Phase III of the Convention Center
expansion call for the arena to be removed in eight to ten years, the space will be used by thousands of
guests in the interim. The staffs of the Public Events Department and the Fort Worth Convention and
Visitors Bureau agree that the rehabilitation of the arena seating is imperative to continue to book events
into the venue.
The Notice to Offerors Requesting Proposals was advertised in the Fort Worth Star-Telegram on
Logname: 25FWCC ARENA SEAT RENOVATION Page I of 3
Thursday, August 13, 2015 and August 20, 2015, with a bid date of September 10, 2015. The City
received two proposals from qualified contractors that specialize in seating restoration. The bids were
evaluated based on best value with an emphasis placed on price. The evaluations are as follows:
Contractor Price Schedule Reputation Past City I otal
Experience
Cy Young Industries, 60 I 15 15 7 97
Inc. F_
Irwin Seating Company 30 F 10-1 15 1 5 60
Based on this evaluation, Cy Young Industries, Inc., was selected as the best value proposal and
recommended for renovating the seating at the Fort Worth Convention Center.
The Schedule proposed by the contractor for this renovation project will take 175 days. The contractor will
be required to work around event schedules and this will add days to the proposed schedule.
M/WBE OFFICE -A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance,
because the purchase of goods or services from sources where subcontracting or supplier opportunities
are negligible.
The project is located in COUNCIL DISTRICT 9, but will serve Fort Worth residents in ALL COUNCIL
DISTRICTS.
FISCAL INFORMATION /CERTIFICATION:
The Financial Management Services Director certifies that upon approval of the above recommendation
and adoption of the appropriation ordinance, funds will be available in the current capital budget, as
appropriated, of the Culture & Tourism Capital Projects Fund.
FUND IDENTIFIERS (FIDs):
TO
Fund Department ccount Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
e1&2 30101 0246000 4920101 CO2577 2016 $156,604.00
2 301011 0246000 CO2577 2016 1$156,604.00
FROM
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year (Chartfield 2)
3)301011 0246000 5740010 CO2577 2016 1$700,000.00
11)201011 0246000 5900015 CO2 1$156,604.00
CERTIFICATIONS:
Submitted for City Manager's Office by: Susan Alanis (8180)
Originating Department Head: Kirk Slaughter (2501)
Additional Information Contact: Betty Tanner (2502)
ATTACHMENTS
1. 25FWCC ARENA SEAT RENOVATION C302 A016.docx (Public)
Logname: 25FWCC ARENA SEAT RENOVATION Page 2 of 3
2. CyYounglndustries search.pdf (CFW Internal)
3. Waiver PMD2015-11.pdf (CFW Internal)
Logname: 25FWCC ARENA SEAT RENOVATION Page 3 of 3
PROPERTY MANAGEMENT DEPARTMENT
FACILITIES
BID TABULATION
Project: FORT WORTH CONVENTION CENTER
ARENA SEATING RENOVATION
FORT WORTH Tabulated by: VICKI MCDONALD
Project#:
TPW Project#: Eng. Estimate: $ 950,000.00
Bid Date: SEPTEMBER 10, 2015
Advertised: AUGUST 13 &20, 2015 Addendums: 3
1 2
CY Young Industries, Inc. Irwin Seating Company
711 E 14 Avenue 3251 Fruit Ridge Ave NW
North Kansas City, Missiour 64116 Grand Rapids,Michigan 49544
816-474-1776 616-574-7321
913-888-1774 FAX 616-574-7411 FAX
cyyounginc@aol.com todd.higgins@irwinseating.com
DESCRIPTION BID BID
Base Proposal $ 627,163.00 $ 814,845.36
General Contingency Allowance $ 47,032.00 $ 61,553.36
Base Proposal Plus General $ 674,195.00 $ 876,398.72
Contingency Allowance
ADDENDUM'S: 2 3
CALENDAR DAYS: 120 175
1 of 2
E
FORT WORTHe
E
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT i
I
ADDENDUM NO. 3
FORT WORTH CONVENTION CENTER
ARENA SEATING RENOVATION
Request for Proposals Submittal Date: September 10, 2015 (NO CHANGE)
i
The Request for Proposals for the above project is hereby revised and amended as follows:
1. See attached RFI responses.,
Acknowledge the receipt of this Addendum No. 3 on your Proposal.
G
STEVE COOKE
DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT I
By: f
Brian Glass,AIA !'
Architectural Services Manager
817-392-8088, FAX 817-392-8488
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RELEASE DATE: September 9, 2015
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FWCC Arena Seating Renovation Page 1 of 1
Addendum No,3(September 0,2015) y;
4
1. Will an Event Calendar be provided as discussed in the Pre-Proposal Conference? See addendum one on
Buzzsaw
2. Please confirm that we are to provide a separate line item for seat lift springs, bushings and bumpers as
discussed in the Pre-Proposal Conference. yes
3. Please confirm that owner will provide dumpsters and that they can be placed on the arena floor for
product that is to be removed as discussed in the Pre-Proposal Conference. yes
4. Please confirm that site access is 24-7 without any addition cost to seating supplier as discussed in the
Pre-Proposal Conference. yes
5. In the Pre-Proposal Conference, it was discussed that we could store product on site in meeting rooms
that are not used. Could you provide more specific information regarding the on-site storage/staging
areas? There are several meeting rooms located in the ring around the arena
6. For the alternate bid, please clarify item vi as to what you mean by seat pan attachment. Tamper
resistant screws
7. Alt bid item vii-"Seat Hinge Construction with ductile iron hinge castings and 1/8 steel hinges arms".
Our 12S suspension seat has neither in the construction of the seat hinges. Attached is detail of our seat,
will this be acceptable? As long as the seat will fit within the existing frame work and lift, it will not be a
concern f
I'
8. Alt bid item ix-"cold Cast Seat foam shall have a minimum thickness of 3-3/4". Our standard thickness
on the 12S suspension seat is 3"so that there is not interference between the back and seat. Is this
acceptable. Since this would be part of the alternate, it would be acceptable.
I'
9. Alt bid item x.1. "Renewable plywood inner support panel'. There is no plywood used in the
construction of our 12S seat. See attached for details. Is this acceptable? Since this would be part of the
alternate,it would be acceptable.
10. Alt bid item x.2."Steel tubular spring deck with 5-serpentine springs with seat cover attached with
upholstery clips for service ease". This is not part of our 12S plastic seat bottom construction either. No j
clips or tubular steel used. See attached. Is this acceptable? Since this would be part of the alternate, it
.i
would be acceptable.
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1
FORTWORTH.
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. 2
FORT WORTH CONVENTION CENTER
ARENA SEATING RENOVATION
Request for Proposals Submittal Date: September 10, 2015 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows:
1. No drawings are available from the previous repair of the Arena seats. If any offeror wishes to
disassemble one of the seats to verify the internal mechanism they may do so on-site if they will
reassemble the seat prior to leaving the site. They will need to coordinate with James Horner at
817.392.2505.
Acknowledge the receipt of this Addendum No.2 on your Proposal.
WAYNE CORUM
INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT
l'l7'1
By: fk��
Brian Glass, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: August 31, 2015
FWCC Arena Seating Renovation Page 1 of 1
Addendum No.2(August 31,2015)
FORTWORTHe_
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. 9
FORT WORTH CONVENTION CENTER
ARENA SEATING RENOVATION
Request for Proposals Submittal Date: September 10, 2015 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows:
1. The Pre-Proposal Meeting attendees sign in sheet is attached. (Attachment 1)
2. The FWCC Arena seating count is attached. (Attachment 2)
3. The FVVCC Arena schedule is attached. (Attachment 3)
Acknowledge the receipt of this Addendum No. 1 on your Proposal.
WAYNE CORUM
INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT
By: �►ti -�
Brian Glass, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE:: August 26, 2015
FWCC Arena Seating Renovation Page 7 of 7
Addendum No.1(August 25,2075)
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Specifications FWCC Arena Permanent Seating Renovation
Scope of Work:
On site renovation of the permanent seating at the Fort Worth Convention Center Arena. Present
permanent seating consists of 10,418 American Seating Bodiform chairs. Renovation to include
replacement of existing back and seat foam and fabric covers for back and seat. Replacement of seat lift
springs and bushings as needed,tightening of all seat anchors and lubrication of all moving parts.All
work shall be completed on-site,bid price shall include the complete renovation ofthe.permanent
(fixed)seating and vendors are to field verify the extent of the work and are responsible for all field data.
Seat refurbishment:
1. Vendor shall coordinate the work with the owner and schedule the work around the events
scheduled to take place in the FWCC Arena.Vendor shall complete a preparation plan showing
the existing installation of the seating, including individual seat size,and how the work will be
completed prior to any work taking place.
z. All work will take place on-site.
3. All work shall be performed by a factory trained and approved installation contractor.
4. Install new cold molded foam over the seat foundation with a spring deck barrier and poly foam
over the seat back panels.
5. Reupholster all seats and backs with the following specified fabric.-
a.
abric:a. Abercrombie Textiles"Matrix"Collection fabric or an approved equal. Color to be
determined by the owner.
Cut,sew and upholster the seats and seat backs in the material chosen by the City.
6. Lubricate all moving/mating parts
7. Replace as needed seat lift springs,bushings and bumpers. Ensure that all self-lifting seats are
operational.
8. Repair and or replace damaged metal seat pans, metal seat backs or other unusable
components. Owners attic stock may be used if any parts are available.
9. Inspect and tighten all seat anchors,additionally up to 5%of the seat anchors will be replaced at
no additional charge, if necessary.
10. Clean and adjust the operation of all chairs prior to completion of the work.
11. Vendor shall supply a one year warranty for all workmanship and components. Warranty period
shall begin acceptance of the work by the owner.
Alternate seat refurbishment option:
1. In lieu of refurbishing existing seats and backs, replace seats and backs with new seats and backs
as follows:
a. Seats:
1. Must be covered by manufacture warranty against for structural seat failure for
5-years.
ii. Must mount to existing standards without modification to existing standards.
iii. Seat upholstery cover of 3-panel construction with double stitching on all
seams. Color to be chosen by the City.
iv, Plastic seat pan with thru color to eliminate need for painting or denting. Color
shall be chosen by the City.
v. Plastic seat pan with embossed number plated attached with 2-rivets.
vi. Seat pan must attach with 2-steel hooks and 2-safety screws directly into metal
fasteners. Plastic snap fits are not allowed.
vii. Seat Assembly with 4 fold push to full-fold hinges for ease of patron passage.
Hinges constructed with ductile iron hinge castings and 1/8"steel hinges arms
capable of supporting 600 pounds 3"from the front of the seat.
viii. Seat mounting fasteners. If existing fasteners are used they will be covered by
the structural warranty.
ix. Cold Cast Seat foam shall have a minimum thickness of 3-3/4"
x. Seat Support options:
1. Renewable plywood inner support panel.
2. Steel tubular spring deck with 5-serpentine springs with seat cover
attached with upholstery clips for service ease.
b, Backs:
I. Must be covered by manufacture warranty against structural back failure for 5-
years.
ii. Must mount to existing standards without modification to existing standards.
iii. Back upholstery cover of 1-panel construction. Color to be chosen by the City.
iv. Plastic back outer panel with thru color to eliminate need for painting or
denting. Color to be chosen by the City.
v. Renewable plywood inner panel with metal to metal fastener to attach back
wings to plywood inner panel.
vi. Plastic back outer panel attached with 2-safety screws.
vii. Backs with adjustable back angles.
viii. Back upholstered with 2"-thick back foam.
ix. Back mounting fasteners. If existing fasteners are use they will be covered by
the structural warranty.
NOTICE TO OFFERORS
Proposals for the Fort Worth Convention Center Arena Seating Renovation at the Fort Worth
Convention Center located at 1201 Houston Street in Fort Worth Texas will be received at the
Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76102, until 1:30 P.M on
Thursday, September 10, 2015 and will be opened and publicly read aloud approximately thirty minutes
later in the Council Chambers.
After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the
City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options
for a scope or time modification and any price change associated with such modification.
The last day for questions from prospective Offerors is at 5:00 PM on Wednesday, September 2, 2015.
A Pre-Proposal Conference and site visit will be held at 10:00 A.M., Tuesday, August 25, 2015 at the
Fort Worth Convention Center Arena.
The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $950,000.00
range.
The Offeror will add a 7.5% General Contingency Allowance on a separate line item on the Proposal
form and only the Owner will approve the use of this allowance during construction. Any Allowance
remaining at the end of construction will be retained by the City of Fort Worth. This Allowance is not to be
included in the Base Proposal and will not be used in the Best Value selection process
Because of the specific nature of this work, MWBE participation has been waived for this project.
Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made
will be required to provide Payment and Performance Bonds and provide Contractors General Liability
and Statutory Workers Compensation Coverage.
If you intend to submit a Proposal,we request you inform the Project Manager.
General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions,
Drawings, and Specifications through their printer. The scope documents are not available at the City but
may be viewed and printed on-line by logging on to https://projectpoint.buzzsaw.com/fortworthgov with
the User Name"Cowtown", Password "Cowtown2004", and click on "PMD Projects". Contact the Project
Manager, Ronald Clements, at (817) 392-8014 or Email Ronald.Clements(rfortworthtexas.gov for
assistance.
For additional information contact the Assistant Director, James Horner, Public Events at (817) 392-2505
or email jam es.horn erCcufortworthtexas.uov
Advertisement: August 13, 2015
August 20, 2015
Instruction to Offerors Page 2 of 23
FWCC Arena Seating Renovation
TABLE OF CONTENTS
• PROJECT COVER PAGE
• NOTICE TO OFFERORS
• TABLE OF CONTENTS
• INSTRUCTIONS TO OFFERORS
• PROPOSALFORM
• TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
• 2013 PREVAILING WAGE RATES
• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
• CONSTRUCTION CONTRACT
• PAYMENT BOND
• PERFORMANCE BOND
• CERTIFICATE OF INSURANCE
• CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
Instruction to Offerors Page 3 of 23
FWCC Arena Seating Renovation
INSTRUCTIONS TO OFFERORS
1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of
the response to this Request for Sealed Proposals:
• Use the Proposal Form provided below.
• 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. If the Offeror is a corporation, the president or a vice-
president must sign the Proposal. If the Offeror is a partnership, then the person/entity who
is the managing/general partner must sign the proposal.
• Submit the completed Conflict of Interest Disclosure Requirement form
• Include cashier's check or an acceptable bidder's bond written by a corporate surety payable
to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the
bid submitted.
• In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of
authority from the United States Secretary of the Treasury to qualify as a surety on
obligations permitted or required under federal law; or (2) have obtained reinsurance for any
liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer
in the state of Texas and is the holder of a certificate of authority from the United States
Secretary of the Treasury to qualify as a surety
• On obligations permitted or required under federal law. Satisfactory proof of any such
reinsurance shall be provided to the City upon request. The City, in its sole discretion, will
determine the adequacy of the proof required herein.
1A. SELECTION OF CONTRACTOR:
The City shall select the Offeror that offers the best value based upon the following criteria and
on its ranking evaluation.
In determining the Best Value Offeror, the City will consider:
1. Proposed Price (60%) —The lowest priced responsive Proposal will receive 50 points for
this rating criteria. Higher priced proposals will receive proportionally lower scores.
When compared to the lowest price, the higher priced proposal will have its score
reduced by one percent (1%) for every percent it is higher than the lowest price. The
score will be rounded to the nearest whole number.
2. Proposed Project Schedule (15%) — For this project, the selected contractor will
coordinate and work with the City Staff during the construction period and will
accommodate the event schedules on a case-by-case basis at no additional cost to the
City.
3. Reputation/Experience (15%) - Reputation and experience of the Offeror as
' demonstrated by listing past and current projects including references with names and
current telephone numbers; and, list of subcontractors if applicable.
4. Past relationship with the City (10%) — Offeror's past relationship with the City of Fort
Worth for"vertical" facilities projects shall receive up to 20 points for this rating criteria. If
the Offeror does not have a past relationship with the City of Fort Worth, the Offeror will
receive 10 points for this rating criteria.
Instruction to Offerors Page 4 of 23
FWCC Arena Seating Renovation
5. If the score for any individual rating criteria is rated as zero, this will result in the overall
score being zero regardless of how many points could have been earned in the other
categories.
After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to
negotiate a contract with the selected Offeror. The City and its architect may discuss with the
selected Offeror options for a scope or time modification and any price change associated with
the modification.
If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in
writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the
selection ranking until a contract is reached or all proposals are rejected.
2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL)
This Section is not applicable.
3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of
Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above).
The Proposal Security must accompany the Proposal and is subject to forfeit in the event the
successful Offeror fails to execute the contract documents within ten (10) days after the contract
has been awarded. The Proposal Security shall be included in the envelope containing the
Proposal. Failure to submit the Proposal Security will result in the Proposal not being considered
for this project. Offeror's bond will be returned if the City fails to award the contract within 90
calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must
be licensed to do business in the state of Texas.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the
successful Offeror 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 Texas Government Code Section 2253, as amended.
In order for a surety to be acceptable to the City, the surety must(1) hold a certificate of authority
from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas
and is the holder of a certificate of authority from the United States Secretary of the Treasury to
qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of
any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,
will determine the adequacy of the proof required herein.
No sureties will be accepted by the City that 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 satisfactory 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 completed 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.
Instruction to Offerors Page 5 of 23
FWCC Arena Seating Renovation
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 Worth.
5. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the
site(s) of the work and the details of the requirements set out in these specifications to satisfy
itself 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 response by
the Offeror shall be considered evidence that it 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
proposal.
7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must
be paid on this project.
8. POST PROPOSAL - PREAWARD SUBMITTALS: Offerors are required to submit the following
information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102
(phone number 817-392-8088), within five business days subsequent to bid opening (normally
by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in
determining the Contractor's capability of performing the work and in meeting City contract
requirements:
• Minority Business Enterprise Documentation (for proposals in excess of$50,000)
• Contractors Qualification Statement(AIA Form A305), including client references
• Proposed Subcontractors and Suppliers
• Project Schedule
• Schedule of Values (CSI Divisions 1 through 16 Section Breakout)
• Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal 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 an Offeror find any discrepancies in the drawings
and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If
required, the City will then prepare a written addendum that will be available to all Offerors at the
place designated for distribution of the Request for Proposal Documents by the Notice to
Offerors. The Contractor is responsible for determining if addenda are available and for securing
copies prior to submitting a response to this request for sealed proposals. Oral instructions or
decisions unless confirmed by written 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.
Offeror 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: Offerors 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.
Instruction to Offerors Page 6 of 23
FWCC Arena Seating Renovation
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. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact
fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and
meters to the property line. The Contractor will include all remaining fees from the electrical and
gas companies in the Base Proposal. The Contractor will be responsible for coordinating with
City and utility companies for installation of utilities. The Contractor will be responsible for all fees
for electrical, gas, and other utilities within the property line of the project. Unless indicated
otherwise on the plans, the contractor will be responsible for costs and installations from the
building side of the water meter and sewer tap.
15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the
Offeror.
16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are
descriptive, not restrictive. Use of brands of like nature and quality will be considered. 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. Also, refer to specification's product requirements.
17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement
will, at the minimum, include the following: quality control submittals and approvals, mobilization,
site preparation, under slab utilities, foundation work, structural erection, interior finish,
commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram.
Instruction to Offerors Page 7 of 23
FWCC Arena Seating Renovation
PROPOSAL
T0: MR. DAVID COOKE
CiTY MANAGER
ATTN: PURCHASING OFFICE
1000 THROCKMORTON
CITY OF FORT WORTH,TEXAS
FOR: FortWorth Convention Center Arena.Renovation
1201 Houston Street
Fort Worth,Texas
Project PMD2015-11
Pursuant to the foregoing "Instructions to Offerors," 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 acceptable 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
$,,�j� J��1� Base Proposal
Calendar Days
$ �j! Z,00 Owner's General Contingency Allowance(7.5%)added to Base Proposal
(This Allowance amount is not included in the Base Proposal but is added to the Base Proposal.
Only the Owner will approve the use of this Allowance during construction. Any Allowance
remaining at the end of construction will be retained by the City of Fort Worth).
The undersigned agrees to complete the Work within the calendar days specified above after the date of
Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror_
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 Offerors: The 1985 Session of the Texas Legislatpr passed house Bill 620 relative to the
award of contracts to nonresident bidders. The law provides that, ift.order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whole 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
nresident`s principal place of business is located. The
comparable contract in the state in which the no
appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications_
Instruction to Offerors Page S of 23
FWCC Arena Seating Renovation
The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder.
Resident bidders must check the box in Section B.
A. ok Non-resident vendors in�&,90 0/� {give state}, our principal place of
business, are required to be _iE� percent lower than resident bidders by state
law.
1_1 Non-resident vendors in (give state), are not required to
underbid resident bidders.
B. l_[ Our principal place.of business or corporate offices are in the State of
Texas.
Within ten (16)days of receipt of notice of acceptance of this bid,the successful bidder will execute the
formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of
this contact. The attached deposit check in the sum of
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 bonds are not executed within
the time set forth, as liquidated damages for delay and additional work caused thereby.
Respectfully submitted,
46201u)6, //ll/0 X r/'1 /Z-,
Company m / f
By: k
Signature / J
ZLO
Printed Name of Principal Title
Address: 2& (-C— A / 1r)-d�
Street `
KIT
City Zip
Phone: 7 1 7 6
Fax: ��� 999 1 7 7 0
Email: 0 �// ��T D L
Receipt is acknowledged of the following addenda:
Addendum No. 1: o Addendum No_2:�
Addendum No. 3: Addendum No.4:
Addendum No. 5: Addendum No.6.-
Instruction
:Instruction to offerors Page 9 of 23
FWCC Arena Seating Renovation
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
Name of Purchaser, Firm or Agency: City of Fort Worth Texas
Address(Street& Number, P.O. Box or Route Number): 1000 Throckmorton
City, State, Zip Code: Fort Worth Texas 76102
Telephone: (817) 392-8360
I,the purchaser named above, claim an exemption from payment of sales and use
taxes for the purchase of taxable items described below or on the attached order or
invoice from:
All vendors
Description of the items to be purchased, or on the attached order or invoice:
All items except motor vehicles as listed below
Purchaser claims this exemption for the following reason:
Governmental Entity
I understand that I will be liable for payment of sales or use taxes which may become
due for failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases.
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used.
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know, at the time of purchase,will be used in a manner other than
expressed in this certificate and that upon conviction I may be fined not more than$500
per offense. (�
Purchaser:
Title: Purchasing Manager Date: February 1 2007
Note:This certificate cannot be issued for the purchase, lease or rental of a motor
vehicle.
THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID i
Sales and Use Tax"Exemption Numbers"or"Tax Exempt'Numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed !
certificate to the Comptroller of Public Accounts.
Instruction to Offerors Page 10 of 23
FWCC Arena Seating Renovation
2013 PREVAILING WAGE RATES
Commercial Construction Projects
CLASSIFICATION DESCRIPTION
AC Mechanic 25$24
AC Mechanic Helper $
13.67
Acoustical Ceiling Installer 16.83
Acoustical Ceiling Installer Helper 12$70
Bricklayer/Stone Mason 19.45
Bricklayer/Stone Mason Trainee 13 31
Bricklayer/Stone Mason Helper 10 1
Carpenter $
17.75
Carpenter Helper 14.32
Concrete Cutter/Sawer 17.00
Concrete Cutter/Sawer Helper 11.00
Concrete Finisher $
15.77
Concrete Finisher Helper 11.00
Concrete Form Builder $
1527
Concrete Form Builder Helper 11.00
Drywall Mechanic 15 36
Drywall Helper 12.54
Drywall Taper 15 00
Drywall Taper Helper 1150
Electrician(Journeyman) 19$63
Electrician Apprentice(Helper) 15 64
Electronic Technician 20.00
Floor Layer $
18.00
Floor Layer Helper 10 0
Instruction to Offerors Page 11 of 23
FWCC Arena Seating Renovation
$
Glazier 21.03
Glazier Helper 12 1
Insulator $
16.59
Insulator Helper 11$21
Laborer Common 10.89
Laborer Skilled $
14.15
Lather 1 99
Metal Building Assembler 16 00
Metal Building Assembler Helper 12 00
Metal Installer(Miscellaneous) 13$00
Metal Installer Helper(Miscellaneous) 11.00
Metal Stud Framer 16$12
Metal Stud Framer Helper 12 4
Painter $
16.44
Painter Helper 9$
Pipefitter 21$22
Pipefitter Helper 15 39
Plasterer 16$17
Plasterer Helper 12.85
Plumber 2 88
Plumber Helper $
15.85
Reinforcing Steel Setter 12 7
Reinforcing Steel Setter Helper 11$08
Roofer 16$90
Roofer Helper $
11.15
Sheet Metal Worker 16$35
Sheet Metal Worker Helper $
13.11
Instruction to Offerors Page 12 of 23
FWCC Arena Seating Renovation
Sprinkler System Installer 19$17
Sprinkler System Installer Helper 14.15
Steel Worker Structural 17.00
Steel Worker Structural Helper $
13.74
Waterproofer 15 00
Equipment Operators
Concrete Pump $
18.50
Crane, Clamshell, Backhoe, Derrick, D'Line Shovel 19 31
Forklift $
16.45
Foundation Drill Operator 2250
Front End Loader 1 97
Truck Driver 16.77
Welder 1 96
Welder Helper 13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey
conducted and published by the North Texas Construction Industry(Fall 2012) Independently compiled by
the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are
provided on the TEXO's(The Construction Association)website.
www.texoassoc iati on.o rgJCha pte r/wage rates.asp
Instruction to Offerors Page 13 of 23
FWCC Arena Seating Renovation
WEATHER TABLE
Month Average Inches Snow/Ice
Days of of Pellets
Rain Rainfall
January 7 1.80 1
February 7 2.36
March 7 2.54
April 8 4.30 0
May 8 4.47 0
June 6 3.05 0
July 5 1.84 0
August 5 2.26 0
September 7 3.15 0
October 5 2.68 0
November 6 2.03
December 6 1.82
ANNUALLY 77 32.30 1
(1) Mean number of days rainfall, 0.01" or more
(2) Average normal precipitation, in inches
(3) Mean number of days 1.0 inch or more
Less than 0.5 inches
This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude
32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft.
Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation
is based on record of 1941-1970 period
This table is to be used as a basis for calculation of excess rain or weather days for projects with
duration in calendar days. If the site records indicate that the Contractor was unable to carry out
operations due to weather, it is counted as a weather day. If the number of weather days exceeds
the number of average rain days plus the snow/ice-pellet days for the contract duration, the contract
period will be adjusted by Change Order.
Weather Table Page 1 of 1
City of Fort Worth, Texas
Property Management Department
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
LUMP SUM CONTRACT
SECTION A
DEFINITIONS,PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting
forth or affecting the rights of the parties, including but not necessarily limited to,the Contract, Notice to Bidders, Proposal, General
Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda,Amendments signed by all parties, Change Orders,
written Interpretations and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or
contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the
Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the
Contractor and the Owner,or Change Order,or by a written Field Order for a minor change.
A-3 WORK: By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated
in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originals, with all
required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and
provide required enclosures will be grounds for revocation of award and taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder shall examine carefully the, plans,
specifications,special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site
of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be
performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with
these requirements and has accepted the site as suitable for the work.
A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a
single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and
other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade
meanings are used herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other
Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS: The BCM will furnish such Interpretations of the Drawings, Plans, and Specifications as may be
necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the BCM or at
the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with
such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and
Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract involving
the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Contractor, or any
subcontractor or materialsman, or involving any question of fault or liability of any party,the decision of the Owner shall be final and
binding.
In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of
precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and
dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;
and, Construction Contract.
A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Owner will furnish to Contractor electronic working
Drawings and Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications
furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner are and shall remain the property of the
Owner. They are not to be used on any other project.
A-10 CORRELATION AND INTENT: In general,the drawings indicate dimension, locations, positions, quantities, and kinds of
construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not
specified of vice-versa,shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as
similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality
or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take
precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are
diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the
BCM's approval.
General Conditions for Facility Construction Lump Sum Contract Page 1 of 20
FWCC Arena Seating Renovation November 2014
A-11 MINORITY BUSINESS ENTERPRISE(MBE)POLICY: As of June 1, 2012, The City of Fort Worth has implemented the
new Business Diversity Ordinance(BDO)to reflect the City's availability and disparity study findings and recommendations. During
this transition period interested Offerors must obtain an MBE listing from the M/WBE Office at 817-212-2674. This will ensure that
MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the
six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the
counties of: Tarrant, Dallas, Denton,Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it
intends to use is located in the geographic marketplace that will be counted towards the established goal.
The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in City contracts. Compliance with the
policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures
to be followed in submitting proposals are included.
The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other
federally funded Projects.
A-12 AGE: In accordance with the policy("Policy")of the Executive Branch of the federal government, Contractor covenants
that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in
performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with
the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a
bona fide occupational qualification,retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants,or
persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum
age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory equipment.
Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure
to comply with the above referenced Policy concerning age discrimination in the performance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of
services to the general public, nor in the availability,terms and/or conditions of employment for applicants for employment with, or
employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other
applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged
failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement.
SECTION B
IDENTITY OF ARCHITECT AND
PROJECT MANAGER/BUILDING CONSTRUCTION MANAGER
B-1 CONTRACT ADMINISTRATION: The Director of the Property Management Department will designate a Project
Manager/Building Construction Manager ("BCM") to administer this contract and to perform the functions of the "Architect" as
indicated in the"General Conditions of the Contract for Construction." Where the term"Architect"is used in the"General Conditions
of the Contract for Construction,"it shall refer to the BCM designated by the Director of the Property Management Department. The
term"City"and"Owner"are used interchangeably and refer to the City of Fort Worth as represented by the Director of the Property
Management Department or his designated representative.
B-2 PROJECT MANAGER / BUILDING CONSTRUCTION MANAGER AS REPRESENTATIVE OF THE OWNER: The
Building Construction Manager (BCM) will provide general administration of the Contract on behalf of the Owner and will have
authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by
the Owner. The BCM will be available for conferences and consultations with the Contractor at all reasonable times.
B-3 INTERPRETATIONS: The BCM will be, in the first instance, the interpreter of the requirements of the Plans and
Specifications and the judge of the performance thereunder by the Contractor.
SECTION C
OWNER
C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives
in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, Director of the
Property Management Department, and members of the Facilities Management Division. Generally speaking a designated
representative will be a Building Construction Manager(BCM) identified from within the Facilities Management Division to act as a
point of contact for day-to-day contract administration.
General Conditions for Facility Construction Lump Sum Contract Page 2 of 20
FWCC Arena Seating Renovation November 2014
C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics,legal limits and utility
locations for the site of the Work;provided, however,that the Contractor hereby covenants that he has inspected the premises and
familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the
Owner's survey 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. The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in
such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at
the request of the Contractor.
C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM.
C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and
progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the
Contract Documents.
C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and
quality of the Work and to determine if the work is preceding in accordance with the Contract documents. On the basis of on-site
observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's
applications for payments.
C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans and
Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper
realization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or
any portion thereof, or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of
the Work whether or not such Work be then fabricated,installed or completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and BCM that the Work is substantially
complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the BCM and attended by
representatives of the Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be
incorporated into a punch list and attached to the AIA document G704,which is to be prepared and signed by the Contractor, and
accepted,approved and signed by the Owner.
C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this
contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor
involving transactions relating to this contract.
Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any
directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term
"subcontract"as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the
costs of copies at the rate published in the Texas Administrative Code.
SECTION D
CONTRACTOR
D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract.The term Contractor
means the Contractor or his authorized representative.
D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent
contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the
details of the Work and services performed hereunder,and all persons performing same, and Contractor shall be solely responsible
for the acts of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise
between City and the Contractor,its officers,agents and employees,and the doctrine of respondeat superior shall not apply.
D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or
assigned to anyone else by said Contractor without the written consent of the Director of Property Management Department of the
City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions
of the Contract, Drawings,Specifications,Addenda and modifications and shall at once report to the Owner any error, inconsistency
or omission he may discover.The Contractor shall do no work without Drawings,Specifications and Interpretations.
D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely
responsible for all construction means, methods,safety,techniques,sequences and procedures and for coordinating all portions of
the Work under the Contract Documents.
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D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and
services necessary for the proper execution and completion of the Work.
The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general
condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside
local area.
The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work
any unfit person or anyone not skilled in the task assigned to him.
D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258,Texas Government Code
(Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the
prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents.
Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the
City, pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the
prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative
costs, pursuant to Texas Government Code 2258.023.
Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker,
concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an
initial determination, before the 31St day after the date the City receives the information, as to whether good cause exists to believe
that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial
determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated
Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and
wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final
determination of the violation.
Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government
Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the
Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do
not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph
(c)above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the
arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of
competent jurisdiction.
Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of
acceptance of the Work,maintain records that show(i)the name and occupation of each worker employed by the Contractor in the
construction of the Work provided for in this contract; and(ii)the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain
to this inspection.
Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit an affidavit
stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code.
Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all
times.
Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to
comply with paragraphs(a)through(g)above.
On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs.
D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under
this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in
conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required
by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or
the Contract Documents.
D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise
and Use Tax.
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D-10 LICENSES, NOTICES AND FEES: The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections,
whether permanent or temporary, required by law or these Contract Documents. City of Fort Worth Building and Trade Permit fees
are waived. Separate permits may be required for each work location.
The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority
bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at
variance therewith in any respect, he shall promptly notify the Owner in writing and any necessary changes will be made. If the
Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances,
Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore
and bear all costs attributable thereto.
D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents.These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all
applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses
contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall
cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but
he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more
than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional
handling costs on the site, labor, installation costs,field overhead, profit and other direct expenses resulting to the Contractor from
any increase over the original allowance.
D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the
Owner.The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if
given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on
written request in each case.
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner
for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons
performing any of the Work under a contract with the Contractor.
D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time
herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications
and Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same
in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper,
and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and
specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and
specifying an itemized statement of the total cost thereof,said excess cost.
D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for
the BCM's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project.
This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as
required by the conditions of the Work,subject to the BCM's approval. It shall also indicate the dates for submission and approval
of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials.
The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's
monthly progress payment requests.
D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of
all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good
order and marked to record all changes made during construction. The Drawings, marked to record all changes made during
construction,shall be delivered to the Owner upon completion of the Work.
D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance
charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor,
and which illustrate some portion of the Work.
Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish
standards by which the Work will be judged.
The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to
cause no delay in the Work or in the work of any other contractor,normally within the first 90 days of the work,six copies of all shop
Drawings and Samples required by the Contract Documents or subsequently by the BCM as covered by changes or amendments.
Shop Drawings and Samples shall be properly identified as specified, or as the BCM may require.At the time of submission the
Contractor shall inform the BCM in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract
Documents.
By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified
all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and
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coordinated each shop drawing given in the Contract Documents.The BCM's approval of a separate item shall not indicate approval
of an assembly in which the item functions.
The BCM will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for
conformance with the design concept of the Project and with the information given in the Contract Documents.The RCM's approval
of a separate item shall not indicate approval of an assembly in which the item functions.
The Contractor shall make any corrections required by the BCM and shall resubmit the required number of corrected copies of Shop
Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings
to revisions other than the corrections requested by the BCM on previous submissions.
The RCM's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the
requirements of the Contract Documents unless the Contractor has informed the BCM in writing of such deviation at the time of
submission and the BCM has given written approval to the specific deviation. BCM's approval shall not relieve the Contractor from
responsibility for errors or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the BCM has approved the
submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples.
D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work
by the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control,care and responsibility
of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the
elements or from any other cause whatsoever.The Contractor shall rebuild, repair, restore and make good at his own expenses all
injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance.
D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may
require to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering
the Work or any part of it.
D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At
the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools,
construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its
equivalent,except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean", Contractor shall
clean all glass, replace any broken glass, remove stains,spots,marks and dirt from decorated work, clean hardware, remove paint
spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors.
If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor.
D-21 COMMUNICATIONS: As a general rule,the Contractor shall forward all communications to the Owner through the BCM.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of
the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and
masculine in gender and means a Subcontractor or his authorized representative.
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and any subcontractor or
any of his sub-subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or
organizations(including those who are to furnish materials or equipment fabricated to a special design)proposed for such portions
of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of
the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Owner shall notify the
successful bidder in writing if the Owner,after due investigation,has reasonable objection to any person or organization on such list.
Failure of the Owner to make an objection to any person or organization on the list prior to the award of this Contract shall not
constitute acceptance of such person or organization.
If, prior to the award of the Contract,the Owner has an objective to any person or organization on such list, and refuses to accept
such person or organization, the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If
such bidder submits an acceptable substitute,the Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after
the award, the Owner objects in writing to any person or organization on such list, the Contractor shall provide an acceptable
substitute.
The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the
Owner, unless the substitution is also acceptable to the Owner.
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E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the Contractor and the Subcontractor(and where appropriate between Subcontractors and Sub-
subcontractors)which shall contain provisions that:
1. Preserve and protect the rights of the Owner under the Contract with respect to the Work to be performed under the
subcontract so that the subcontracting thereof will not prejudice such rights;
2. Require that such Work be performed in accordance with the requirements of the Contract Documents;
3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in
reasonable time to enable the Contractor to apply for payment;
4. Require that all claims for additional costs, extensions of time,damages for delays or otherwise with respect to subcontracted
portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub-subcontractor where appropriate) in
the manner provided in the Contract Documents for like claims by the Contractor upon the Owner;
5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and,
6. Obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall
be so construed and applied as to the Owner,whether or not such provisions are physically included in the sub-contract.
E-4 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the
Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work.The
Contractor shall also require each Subcontractor to make similar payments to his subcontractors.
If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a
particular subcontractor,the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment
would otherwise have been issued,for his Work to the extent completed,less the retained percentage.
The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require
each Subcontractor to make similar payments to his Subcontractors.
The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of
completion certified to the Contractor on account of Work done by such Subcontractors.
The Owner shall not have any obligation to pay or to see to the payment of any monies to any Subcontractor.
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the
Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each
case shall be the contractor who signs each separate contract.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity
for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and
coordinate his work with theirs.
If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the
Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it
unsuitable for such proper execution and results.Failure of the Contractor to inspect and report shall constitute an acceptance of the
other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall, upon due
notice,settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of
any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the
Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment
and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with
such suit.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must
familiarize himself and strictly comply with all Federal,State,and County and City Laws,Statutes,Charter, Ordinances,Regulations,
or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and
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save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any
such Laws,Statutes,Charter,Ordinances,Regulations,or Directives,whether by himself, his employees,agents or subcontractors.
G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with
reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the
same.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the
Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental
function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful
wrong.
G-4 COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws, Federal,state and local,including all ordinances,
rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales
Tax.
The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for
obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code
Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Building Construction
Manager (BCM) weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and
sewer tap, impact&access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor.
G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole negligence. In addition,Contractor covenants and agrees to indemnify,
hold harmless and defend,at its own expense,the Owner, its officers,servants and employees,from and against any and
all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise
out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors,
licensees or invitees, whether or not any such injury damage or death is caused in whole or in part by the negligence or
alleged negligence of Owner,its officers,servants, or employees. Contractor likewise covenants and agrees to indemnify
and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any
damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of
this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged
negliqence of Owner,its officers,servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final
payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim
has been settled and/or a release from the claimant involved, or(b) provides Owner with a letter from Contractor's liability
insurance carrier that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work
performed under a City Contract.
G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2,this contract shall be binding upon and insure to
the benefit of the parties hereto,their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or
his rights or duties hereunder without the prior written consent of the Owner.Any such purported assignment or subletting without
the prior written consent of Owner shall be void.
G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified
mail to the last business address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Contractor agrees, on the
submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in
the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as
amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the
said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City
Council of the City of Fort Worth.
Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both
the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal
statutes.
To be an acceptable surety on the bond the name of the surety should be included on the current U. S.Treasury List of Acceptable
Securities[Circular 570],and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance
and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure
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any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized,
accredited,or trusteed to do business in the State of Texas.
Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately
provide a new surety bond satisfactory to the City.
If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and
acceptance of the Work.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any
other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be
issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost
of additional architectural or engineering, or both, services made necessary by such default, neglect or failure. If the payments then
or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner.
G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claims
for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all
such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified;however, if the
Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible
for such loss unless he promptly gives such information to Owner.
G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having
jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of its readiness
and the date arranged so the BCM may observe such inspection, testing or approval. The Owner shall bear all costs of such
inspection,tests and approvals unless otherwise provided.
If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not
included above,the Owner, upon written authorization from the Owner,will instruct the Contractor to order such special inspection,
testing or approval,and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing
reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance
of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the
Contractor shall bear all costs thereof, including additional services made necessary by such costs;otherwise the Owner shall bear
such costs, and an appropriate Change Order shall be issued.
The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by him to the
Owner.The BCM will review the certificates and forward one copy of each with his recommendation(s)to the Owner.
If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where
practicable, at the source of supply.
The observations of the Owner in its administration of the Construction Contract, nor inspections, tests or approvals by persons
other than the Contractor, shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract
Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a
minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may
be required to perform the Work while the existing utility is in service. The existing utility service may be interrupted only when
approved by the Owner.When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least
ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a
minimum.Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption
may not be subject to schedule at the time desired by the Contractor. In such cases,the interruption may have to be scheduled at a
time of minimum requirements of demand for the utility.The amount of time requested by the Contractor of existing utility services
shall be as approved by the Owner.
G-13 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the
site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed
on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be
found shall be submitted to the BCM for consideration and adjustment before proceeding with the project.
G-14 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents,whether expressly stated or not,
that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The Contractor shall exercise
every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project,
including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components
containing lead do not contact the potable water supply.
G-15 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are
diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be
brought to the BCM's attention immediately and the relocation determined in a joint conference. The Contractor will be held
responsible for the relocating of any items without first obtaining the BCM's approval.He shall remove and relocate such items at his
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own expense if so directed by the BCM. Where possible, uniform margins are to be maintained between parallel lines and/or
adjacent wall,floor or ceiling surfaces.
G-16 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe
carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on
floors or roofs before they have attained their permanent and safe strength.
G-17 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes,
equipment, or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications, or words to
this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such
instructions shall be furnished to the BCM and his approval thereof obtained before work is begun.
G-18 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire
damage or injury to workmen.All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall
not be permitted to be scattered on adjacent property.
Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage
will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and
removed from the building during unused periods.
A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or
cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot
metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the
premises.
The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241.
However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction.
G-19 PROJECT CLOSEOUT
Final Inspection Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final
Payment".
Maintenance Manual:Sheets shall be 8'/z'x 11",except pull out sheets may be neatly folded to 8'/"x 11".Manuals shall be bound
in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain:
1) Name, address and trade of all sub-contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local
representative,for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical
panels,service entrance equipment and light fixtures.
4) Manufacturer's name,type,color designation for resilient floors,windows,doors,concrete block,paint, roofing,other materials.
Submit six copies of Maintenance Manual, prior to request for final payment.
Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and
Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning
properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each
item.
G-20 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees
required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted
through the Contractor to BCM. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract.
The Contractor shall guarantee the entire Project for one year. In addition,where separate guarantees,for certain portions of work,
are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended
warrantees shall be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner.
Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or his successor(s)in interest.
The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical
Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended
warrantees,the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of
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final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not
provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials
or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and
components to bring such items back to at least their original condition.
G-21 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment, one print of each of the
drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the
construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be
delivered to BCM.Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of
the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by
subsequent change to the drawings,the record drawings shall define the construction actually provided.The representation of such
variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be
necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual
location of all sub-surface utility lines,average depth below the surface and other appurtenances.
G-22 PRODUCT DELIVERY STORAGE, HANDLING_: The Contractor shall handle, store and protect materials and products,
including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and
resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize
unnecessary long-term storage at project site prior to installation.
G-23 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project
site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage
shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City.
G-24 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 Contractor, the
Contractor will submit a full sized sample and/or detailed information as required to allow the BCM 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.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar
days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure
to complete punch list items from the Final Inspection in a timely manner
The Date of Commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be
the date of the Agreement or such other date as may be established therein.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Owner that construction is
sufficiently complete, in accordance with the Contract Documents,so the Owner may occupy the Work or designated portion thereof
for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by the Assistant
City Manager,and no other form of acceptance will be binding upon the Owner.
A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday, regardless of whether a
'Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract
time shall be in accordance with this Section. Extensions of time will be as recommended by the BCM with final approval by City of
Fort Worth.
A Working Day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other
conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven
hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the
Contractor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day,
Labor Day,Thanksgiving Day,Christmas Day,Memorial Day,and Veteran's Day.
H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract.
The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward
expeditiously with adequate forces and shall complete it within the Contract Time.
H-3 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or
neglect of the Owner, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by changes
ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the
Contractor's control,or by any cause which the Owner determines may justify the delay,then the contract time may be extended by
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Change Order for such reasonable time as approved by the Owner. When the Contractor is delayed due to abnormal weather
conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and
equitable adjustment of the contract time.
All claims for extension of time shall be made in writing to the BCM no more than fifteen days after the occurrence of the delay;
otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then
unless such a claim is reasonable.
H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time
provided for)shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the
work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for
compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays
said extension of time.
SECTION I
PAYMENTS AND COMPLETION
1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the
Contractor for the performance of the Work under the Contract Documents.
1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment,the Contractor shall submit to the BCM a Schedule of
Values of the various portions of the Work, including quantities if required by the BCM, aggregating the total Contract Sum, divided
so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the BCM and the Contractor may agree
upon, and supported by such data to substantiate its correctness as the BCM may require. Each item in the Schedule of Values
shall include its proper share of overhead and profit.This Schedule,when approved by the Owner, shall be used as a basis for the
Contractor's Applications for Payment.
1-3 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed,the Contractor
will make current estimates in writing for review by the BCM of materials in place complete and the amount of work performed
during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of
Values and Progress Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at
the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise
protect the Owner's interest including applicable insurance and transportation to the site.
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment,
whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear
of all liens, claims, security interests or encumbrances hereinafter referred to as "liens'; and that no Work, materials or equipment
covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at
the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.
The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and
attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for
which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule
must be attached before the pay request can be accepted.
1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the BCM will, with
reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a
copy to the Contractor,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate.
The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the BCM's observations at the site
and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the
Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial
Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract
Documents correctable prior to completion, and to any specific qualifications stated in the Certificate);and recommendations to the
Owner that the Contractor be paid in the amount certified. I
After the BCM has issued a Certificate for Payment,the Owner shall approve or disapprove same within ten days after it has been
delivered to the Director of the Property Management Department. For contracts less than $400,000, Owner shall pay 90% of the
approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be
retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For
contracts in excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work
accepted by the City Council of the City of Fort Worth.
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No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the
Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of
liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any
defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the
date of final acceptance of the Work unless a longer period is specified.
1-5 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate
in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The BCM may
also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,
may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion
to protect the Owner from loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another contractor;
6) Reasonable indication that the Work will not be completed within the Contract Time;or
7) Unsatisfactory prosecution of the Work by the Contractor.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The
Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fails to
perform the Work in accordance with the specifications.
1-6 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be$500.00 per calendar day
for this project.
1-7 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificate for
Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or
if,without fault on the part of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95%
(as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional
written notice to the Owner,stop the Work until payment of the amount owing has been received.
1-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment,the Contractor must meet
all provisions for Project Closeout.
When the Contractor determines that the Work is substantially complete,the Construction Manager shall inspect the project with the
Contractor and prepare a"Preliminary Punch List".
When the BCM, on the basis of a subsequent inspection,determines that the Work is substantially complete, he then will prepare a
Certificate of Substantial Completion(G704)which,when approved by the Owner, shall allow the Contractor to request a Certificate
of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the
responsibilities of the Owner and the Contractor for maintenance, heat, utilities,and insurance,shall set forth the remaining work as
a"final punch list".The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of
Occupancy has been issued,the retainage will be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced
to 2.5%.
Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within
the fixed time,the contract time will again commence. Should the Contractor fail to complete the work within the contract duration,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion
of the final punch list by cosigning it with the Contractor.
The Contractor shall submit the following items to the City prior to requesting final payment:
1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been
paid or otherwise satisfied,
2) Consent of Surety to Final Payment(G707),if any,to final payment,
3) Contractor's Affidavit of Release of Liens(G706A),and,
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4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising
out of the Contract,to the extent and in such form as may be designated by the Owner.
5) Contractor's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at
the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be
asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are
made. The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim
or lien,including all costs and reasonable attorney's fees.
The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the
Contractor except those previously made in writing and still unsettled.
The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth.
The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of
acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days
following acceptance.
1-9 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and
until all requirements have been met,with the exception of Consent of Surety for Final Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member
of his organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the BCM.
J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and
shall provide all reasonable protection to prevent damage,injury or loss to:
1) All employees on the Work and all other persons who may be affected thereby;
2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care,
custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and
3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal,relocation or replacement in the course of construction.
Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against
injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution
or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries
or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance.
The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as
required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the
Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any
Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,
shall be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions
of the BCM or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming
through the Contractor for such damage or loss.
The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.
J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of
work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat.
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The Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors.Contractor shall provide ten hard hats
for use by the consulting Architects and Engineers and visitors.
J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion
to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on
account of emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in
performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the
premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall
remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall
leave the area as clean and free of spot,stains,etc.,as before the work was undertaken.
J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and
stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per-unit cost for trench safety
measures in his bid. If not included in the Proposal, the Contractor shall include a cost for trench safety measures for all trenches
over 5 feet in depth in his Schedule of Values.
SECTION K-INSURANCE
K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all
insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor
allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has
been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's
Compensation.
K-2 WORKERS'COMPENSATION INSURANCE
1) General
a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City) a certificate showing
that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project
in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section.
b) Subcontractor's Worker's Compensation Insurance. 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 Owner(City).
c) By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to
the City that all employees of the Contractor who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification
codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil
penalties or other civil actions.
d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the
City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of
breach from the City.
2) Definitions:
a) Certificate of Coverage("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by
the Texas Workers' Compensation Commission, or a coverage agreement(TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing
services on a project,for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's
work on the project has been completed and accepted by the City.
c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities performing
all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include,
without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other
services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors,office supply deliveries,and delivery of portable toilets.
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3) Requirements
a) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services of the project,for the duration of the project.
b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,
the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that
coverage has been extended.
d) The Contractor shall obtain from each person providing services on a project,and provide to the City:
i) a certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project.
e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
f) The Contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor
knew or should have known, of any change that materially affects the provision of coverage of any person providing
services on the project.
g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's
Compensation Commission, informing all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to:
i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any
coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its
employees providing services on the project,for the duration of the project;
ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project;
iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts,and provide to the Contractor:
(1) a certificate of coverage,prior to the other person beginning work on the project;and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writing by certified mail or personal delivery, within ten (10)days after the person knew or should
have known, of any change that materially affects the provision of coverage of any person providing services on the
project;and
vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) -vii), with the
certificates of coverage to be provided to the person for whom they are providing services.
4) Posting of Required Worker's Compensation Coverage
a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are
required to be covered, and stating how a person may verify current coverage and report failure to provide coverage.This
notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text
in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text,without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project
must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering
equipment or materials, or providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage."
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K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability
Insurance as shall protect him,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims
of damage which may arise from operations under this Contract, including blasting,when blasting is done on, or in connection with
the Work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed
by either of them and the limits of such insurance shall be not less than the following:
1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage.
Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with
this Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
exclusions by endorsement unless such are approved by the City.
3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials,
the Contractor, or subcontractor performing the removal,shall be required to maintain Asbestos Abatement Liability Insurance
as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure,
including environmental impairment liability, associated with the services and operations performed under this contract in
addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure, pay
for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning,windstorm,
hurricane, hail, riot,explosion, civic commotion,smoke, aircraft, land vehicles,vandalism,and malicious mischief, at a limit equal to
100%of the Contract Sum.
The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically
required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these
coverages must be approved by the City.
Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered.
Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the
Property Management Department, City of Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the
Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor
depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the
State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar
as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a
rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less
favorable rate may be accepted by the City.
4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort
Worth as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of
cancellation or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth.
7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this
Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of
insurance requirements specified herein.
8) The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including
endorsements thereto and,at its discretion,to require proof of payment for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided
to the City in a timely manner.
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11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance
policy or program maintained by the City.of Fort Worth.
12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as
specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general
scope of the Contract consisting of additions, deletions or other revisions,the Contract Sum and the Contract Time being adjusted
accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable
conditions of the Contract Documents.
A Change Order is a written order to the Contractor signed by the Contractor and Owner, issued after the execution of the Contract,
authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract
Time may be changed only by Change Order.
Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shall be
coordinated with the Director of Property Management Department. A change order must be written and duly negotiated and
executed prior to performing changed work.
The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways:
1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated
in the original contract proposal;
2) by unit prices stated in the Contract Documents or subsequently agreed upon;or
3) by cost and a mutually acceptable fixed or percentage fee.
If none of the methods set forth herein above is agreed upon,the Contractor, provided he receives a Change Order, shall promptly
proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable
expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In
such cases, the Contractor shall keep and present, in such form as the BCM shall prescribe, an itemized accounting together with
appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the BCM's
Certificate of Payment as approved by the Owner.
If after the Contract has been executed,the BCM, requests a price proposal from the Contractor for a proposed change in scope of
the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the BCM in writing.The
BCM shall review the price quotation and if approval is recommended, forward the proposed change order request and price
proposal to the Owner for approval. If approval is not recommended,the BCM will attempt to negotiate with Contractor to revise the
proposal to a figure which is fair and reasonable. If the negotiations do not result in an equitable solution,the BCM shall prepare a
cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be
provided by Contractor in accordance with the paragraph above.
Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work
Orders which results in an increase in cost of the contract amount by over$25,000. Normal processing time for the City Staff to
obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days.
Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize
their impact on the construction schedule.
If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a
hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship.
If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A,
(2)any order by the Owner to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written order for a
minor change in the Work,the Contractor shall make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract
Sum or an extension in the Contract Time, he shall give the BCM written notice thereof within a reasonable time after the
occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the
Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J.
No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if
approved by the Owner,shall be authorized by Change Order.
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L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following
applicable percentage shall be added to Material and Labor costs to cover overhead and profit:
1) Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed
fifteen percent L15M.
2) Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the
Contractor shall not exceed ten percent L10M.
L-4 MINOR CHANGES IN THE WORK: The BCM shall have authority to order minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract
Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by
the BCM and shall be binding on the Owner and the Contractor.
L-5 FIELD ORDERS: The BCM may issue written Field Orders which interpret the Contract Documents,or which order minor
changes in the Work without change in Contract Sum or Contract Time.The Contractor shall carry out such Field Orders promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing
to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated,
installed or completed.The Contractor shall bear all costs of correcting such rejected Work, including the cost of additional services
thereby made necessary.
If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by
the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in
accordance with the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to
do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically
and not generally.The Owner shall give such notice promptly after discovery of the condition.
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or
correction.
If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the
Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does
not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell
such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have
been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all
costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order
shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall
pay the difference to the Owner.
If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G.
The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him
by special guarantees required by the Contract Documents or otherwise prescribed by law.
M-2 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non-
conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to
reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the
Contractor.
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or
other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or
any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of
30 days by the Contractor for tliie Owner's failure to make payment thereon as provided in Section I, then the Contractor may after
the end of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract.
N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt,or if he makes a general assignment for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for
which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt
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FWCC Arena Seating Renovation November 2014
E�
payment to Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract
Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any
rights or remedy and after giving the Contractor and his surety, if any, seven (7)days'written notice, terminate the employment of
the Contractor and take possession of the site and of all materials,equipment,tools, construction equipment and machinery thereon
owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall
not be entitled to receive any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for additional services. exceeds the unpaid balance of the Contract, the
Contractor shall pay the difference to the Owner.
The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best
interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent
performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the
Contractor shall:
1) Stop work under the Contract on the date and to the extent specified on the notice of termination.
2) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
3) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of
termination.
After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor
shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In
the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph,
such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract
SECTION O
TEMPORARY FACILITIES
.0-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the
performance of this Contract. All temporary facilities, utilities and telephones shall be made available for use by all workmen and
subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient
utilization.
0-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities duration of the Contract. Upon
completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless
otherwise directed or specified hereunder.
0-9 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather-
tight bulletin board approximately 3 feet high by 5 feet wide. The bulletin board shall be mounted where and as approved by the
Owner, in a 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.
1) The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38).
2) Wage Rate Information Poster(Form SOL 155),with the Contract Schedule of minimum wage rates as required by the Davis-
Bacon Act.
3) 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.
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FWCC Arena Seating Renovation November 2014
i
CITY OF FORT WORTH,TEXAS
CONSTRUCTION CONTRACT(LUMP SUM)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
This agreement made and entered into this the day of November A.D., 2015, by and
between the CITY OF FORT WORTH, a municipal corporation of Tarrant 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 Cy Young Industries Inc. of
the City of North Kansas City , County of Clay, State of Missouri, 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:
City of Fort Worth
Fort Worth Convention Center Arena Renovation
1201 Houston Street
Fort Worth, Texas
TPW2015-11
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 there from, 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 $700,000.00 , including the Base Proposal
($ 674,195.00 ), Owner's General Contingency Allowance ($ 25,805.00 ).
Insurance Requirements:
The Contractor shall not commence work under this contract until it has obtained all insurance
required under the Contract Documents, and the Owner has approved such insurance. The
Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of
insurance for approval. The Contractor shall indicate on its certificate of insurance included in the
documents for execution whether or not its insurance covers subcontractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
subcontractors.
a. WORKER'S COMPENSATION INSURANCE:
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• Statutory limits.
• Employer's liability:
• $100,000 disease each employee.
• $500,000 disease policy limit.
• $100,000 each accident.
b. COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract public
liability insurance coverage in the form of a Commercial General Liability insurance policy
to cover bodily injury, including death, and property damage at the following limits:
$1,000,000 each occurrence and $2,000,000 aggregate limit.
• The insurance shall be provided on a project specific basis and shall be endorsed
accordingly.
• The insurance shall include, but not be limited to, contingent liability for independent
contractors, XCU coverage, and contractual liability.
C. BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident.
• The policy shall cover any auto used in the course of the project.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks associated with the
project and commensurate with the contractual obligations specified in the contract
documents.
e. EXCESS LIABILITY UMBRELLA:
• $1,000,000 each occurrence; $2,000,000 aggregate limit.
• This insurance shall provide excess coverage over each line of liability insurance
required herein. The policy shall follow the form(s) of the underlying policies.
f. SCOPE OF INSURANCE AND SPECIAL HAZARD:
The insurance required under the above paragraphs shall provide adequate protection for
the Contractor and its subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such operations be by the insured or
by anyone directly or indirectly employed by it, against any insurable hazards which may
be encountered in the performance of the Contract.
g. PROOF OF CARRIAGE OF INSURANCE:
The Contractor shall furnish the owner with satisfactory proof of coverage by insurance
required in these Contract Documents in the amounts and by insurance carriers
satisfactory to the Owner. The form to be used shall be the current Accord certificate of
insurance form or such other form as the Owner may in its sole discretion deem
acceptable. All insurance requirements made upon the Contractor shall apply to the sub-
contractors, should the Contractor's insurance not cover the subcontractor's work
operations performed in the course of this contracted project.
ADDITIONAL INSURANCE REQUIREMENTS:
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a. The Owner, its officers, employees and servants shall be endorsed as an additional
insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
b. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 401 West
13th Street, Fort Worth, TX 76102, prior to commencement of work on the contracted
project.
C. Any failure on part of the Owner to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days
notice of cancellation, non-renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A:VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage or risk
treatment measures through insurance pools or risk retention groups. The Owner
must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the Owner.
i. Owner shall not be responsible for the direct payment of insurance premium costs for
contractor's insurance.
j. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self-funded or commercial coverage
maintained by Owner shall not be called upon to contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could
give rise to a liability claim or lawsuit or which could result in a property loss.
I. Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
M. Upon the request of Owner, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
If this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of
the contract. If the contract is in excess of $100,000 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
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Conditions, 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.
The Texas Secretary of State is the Contractor's agent for service of process or complaint.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four
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 four counterparts with its corporate seal attached.
Done in Fort Worth, Texas,this the__k_day of IJ1 Uffl f 'I/ A.D., 2015.
Cy Young Industries, Inc. APPROVED:
vow
FORT WORTH
By: Q�'t %MIKI? -f-k/ _j By:
o n R. Young, r. Jesus J. Chapa
President Assistant City Manager
APPRe AL. OMME DE : R
By: / AAA By:
45(-�r, Ste4e Cooke, Director M ry J. Kayser
Property Management Department City Secretary
APPROVED AS TO FORM AND LEGALITY: M&C C-C-27528 (Approved 11.10.2015)
ContractGrams-Iggagm-
thoxizati z �
Assistant City Attorney ,
a�4CC000
rFT.
ICIAL RECOR®
Instruction to Offerors Y SECRETARY Page 17 of 23
FWCC Arena Seating Renovation TX
WORTH,
Bond# K09307187
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, cy Young Industries, Inc. known as "Principal" herein, and
Westchester Fire Insurance Company , a Corporate
surety(sureties), duly authorized to do business in the State of Texas,known as"Surety"herein(whether
one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
pursuant to the laws of the State of Texas, known as ".City" herein, in the penal sum of, Seven
Hundred Thousand Dollars and No Cents ($700,000.00), lawful money of the United States, to be
paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we
bind ourselves, our heirs, executors, administrators, successors and assigns,jointly and severally, firmly
by these presents:
WHEREAS,Principal has entered into a certain written Contract with City,awarded the y
of _,2015,which Contract is hereby referred to and made a part hereof for all purposes
as if filly set forth herein, to furnish all materials, equipment, labor and other accessories as defined by
law, in the prosecution of the Work as provided for in said Contract and designated as Fort Worth
Convention Center Arena Senting Renovation located at 1201 Houston Street, Fort Worth, Texas
TPW2015-11.
NOW, THEREFORE, TETE CONDITION OF THIS OBLIGATION is such that if Principal
shall pay all monies owing to any(and all) payment bond beneficiary(as defined in Chapter 2253 of the
Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this
obligation shall be and become null and void;otherwise to remain in full force and effect.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the'Texas
Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the
provisions of said statute.
Instruction to Offerors Page 18 of 23
FWCC Arena Seating Renovation
IN WITNESS W)MREOF, the Principal and Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the day of ('M bF r ,2015.
PRINCIPAL:
Cy Young Industries, Inc.
ATTEST: BY: A " c C'I2I.,
J
nature
John R. Young President
(Principal) Secretary Name and Title
Address: 711 E. 14th Ave.
North Kansas City, MO 64116
Witness as to rincip 1
SURETY:
Westchester Fire Insurance Company
ATTEST: BY:
Signature
Thomas Sauer Attorney-in-fact
(Surety)Secretary Name and Title
Address: 11 Cottonwood Ln.
Littleton, CO 80121
Wi ness as to Surety Yerto Paez
Telephone Number: (866)288-3856
*Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing
that this person has authority to sign such obligation. If Surety's physical address is different From its mailing
address,both must be provided. The date of the bond shall not be prior to the date the Contract is awarded.
Instruction to Offerors Page 19 of 23
FWCCArena Seating Renovation
Bond# K09307187
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Cy Young Industries, Inc. ,known as "Principal"herein and
Westchester Fire Insurance Company , a corporate surety
(sureties,if more than one)duly authorized to do business in the State of Texas,known as"Stirety"herein
(whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation
created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Seven Hundred
Thousand Dollars and No Cents_($700,000.00), lawful money of the United States,to be paid in Fort
Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind
ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by
these presents.
WHEREAS, the Principal has entered into a certain written contract with the City awarded the
-Oay of 7 ,2015,which Contract is hereby referred to and made a part hereof for all
purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined
by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract
designated as Fort Worth Convention Center Arena Seating Renovation located at 1201 Houston
Street,Fort Worth,Texas Project TPW2015-11).
NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
faithfully perform it obligations under the Contract and shall in all respects duly and faithfitlly perform
the Work, including Change Orders, tinder the Contract, according to the plans, specifications, and
contract documents therein referred to, and as well during any period of extension of the Contract that
may be granted on the part of the City, then this obligation shall be and become null and void, otherwise
to remain in full force and effect.
PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in Tarrant
County,Texas or the United States District Court for the Northern District of Texas,Fort Worth,Division.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the
provisions of said statue.
lnstructlon to Offerors Page 20 of 23
FWCC Arena Seating Renovation
IN WITNESS WIIEREDF,the Principal and the Surety have SIGNED andSEALED this
instruinent by duly authorized agents and officers on this the a-'-day ofbGevA 6e.( 2015.
PRINCIPAL:
Cy Young Industries, Inc.
B;�
Signature
ATT
John R. Young President
11
(Principal)Secretary Name and Title
Address: 711 E. 14th Ave.
North Kansas City, MO 64116
UW
Witness as to Pr cipal
SURETY:
Westchester Fire Insurance Company
BY:
Signature
1
Thomas Sauer Attorney-in-fact
Name and Title
Address-
11 Cottonwood Ln
Littleton, CO 80121
uey (666)288-3856W mess asto S[ p
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If Surety's physical address is different from its
mailing address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded.
Instruction to Offerors Page 21 of 23
FWCC Arena Seating Renovation
AUTHORIZATION TO INSERT DATE OF CONTRACT IN BONDS AND POWER OF
ATTORNEY
Bond No: KO9307187
The City of Fort Worth, Texas
City Hall, 1000 Throckmorton St.
Fort Worth, TX 76102
RE: Performance & Payment Bond
Gentlemen:
The undersigned is an authorized representative of Westchester Fire Insurance
Company , Surety for Cy Young Industries, Inc. _, Contractor
For and during the entire period of the contract for Fort Worth Convention Center
Arena Seating Renovation located at 1201 Houston Street, Fort Worth, Texas
TPW2015-11
Authorization is hereby given by the Surety to the City of Fort Worth, TX , to
insert the date of the execution of the Contract on the Bonds and Powers of
Attorney.
Signed, Sealed, and Dated this 1st Day of December, 2015
Westchester Fire InsLf ance Company
By: -—
Thomas Sauer Attorney-in-fact
Power of WE, FIRE INSURANCE COMPANY
Attorney
Know all men by these presents:That WESTCHESTER FIRE INSURANCE COMPANY,a corporation of the Commonwealth of Pennsylvania pursuant to the
following Resolution,adopted by the Board of Directors of the said Company on December It,2006,to wit:
"RESOLVED,that the following authorizations relate to the execution,for and on behalf of the Company,of bonds,undertakings,recognizances,contracts and other written commitments of the Company
entered into the ordinary course of business(each a"Written Commitment'):
(1) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or
otherwise.
(2) Each duly appointed atiomey-in-fact of the Company is hereby authorized to execute any Written Commitment for and on behalf of the Company,under the seal of the Company or otherwise,to the extent that
such action is authorized by the grant of powers provided for in such persons written appointment as such attorney-in-fact.
(3) Each of the Chairman,the President and the Vice Presidents of the Company is hereby authorized,for and on behalf of the Company,to appoint in writing any person the momey-in-fact of the Company with
full power and authority to execute,for and on behalf of the Company,under the seal of the Company or otherwise,such Written Commitments of the Company as maybe specified in such written
appointment,which specification may be by general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(4) Each of the Chairman,the President and Vice Presidents of the Company in hereby authorized,for and on behalf of the Company;to delegate in writing any other officer of the Company the authority to
execute,for and on behalf of the Company,under the Company's seal or otherwise,such Written Commitments of the Company mare specified in such written delegation,which specification may be by
general type or class of Written Commitments or by specification of one or more particular Written Commitments.
(5) The signature of any officer or other person executing any Written Commitment or appointment or delegation pursuant to this Resolution,and the seal of the Company,may be affixed by facsimile on such
Written Commitment or written appointment or delegation.
FURTHER RESOLVED,that the foregoing Resolution shall not be deemed to be an exclusive statement of the powers and authority of officers,employees and other persons to act for and on behalf of the
Company,and such Resolution shall not limit or otherwise affect the exercise of any such power or authority otherwise validly granted or vested.
Does hereby nominate,constitute and appoint Alberto Paez,Sharon Leonard,Thomas Sauer,all of the City of LITTLETON,Colorado,each individually if there be
more than one named,its true and lawful attorney-in-fact,to make,execute,seal and deliver on its behalf,and as its act and deed any and all bonds,undertakings,
recognizances,contracts and other writings in the nature thereof in penalties not exceeding Five million dollars&zero cents($5,000,000.00)and the execution of such
writings in pursuance of these presents shall be as binding upon said Company,as fully and amply as if they had been duly executed and acknowledged by the regularly
elected officers of the Company at its principal office,
IN WITNESS WHEREOF,the said Stephen M.Haney,Vice-President,has hereunto subscribed his name and affixed the Corporate seal of the said WESTCHESTER
FIRE INSURANCE COMPANY this 23 day of September 2014.
WESTCHESTER FIRE INSURANCE COMPANY
\ a' Stephan A1,Nancy,Vice President
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF PHILADELPHIA ss.
On this 23 day of September,AD.2014 before me,a Notary Public of the Commonwealth of Pennsylvania in and for the County of Philadelphia came
Stephen M.Haney,Vice-President of the WESTCHESTER FIRE INSURANCE COMPANY to me personally known to be the individual and officer who executed
the preceding instrument,and he acknowledged that he executed the same,and that the seal affixed to the preceding instrument is the corporate seal of said Company;
that the said corporate seal and his signature were duly affixed by the authority and direction of the said corporation,and that Resolution,adopted by the Board of
Directors of said Company,referred to in the preceding instrument,is now in force.
IN TESTIMONY WHEREOF,I have hereunto set my hand and affixed my official seal at the City of Philadelphia the day and year first above written.
',p►pl(pNYM[ALYHl1F1�ENNiYLVAfiIA
KAREN F,SWIM,t ry Ptlblt
.I p,.. ligt01 Pfdh.
.r.a4` kiw:.y:,_�- ^kxolr t'Wllr
I,the undersigned Assistant Secretary of the WESTCHESTER FIRE INSURANCE COMPANY,do hereby certify that the original POWER OF AT'T'ORNEY,of
which the foregoing is a substantially true and correct copy,is in full force and effect.
In witness whereof,I have hereunto subscribed my name as Assistant Secretary,and affixed the corporate seal of the Corporation,this day of
'f •J WilL•am L.Keliy,Assisutnl tK-rtwry
\�� Gd',-
THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTION DATE AFTER September 23,2016.
4�S SENSITIVE SyE(
I Z O
I DocuGard Od546 contains a security pantograph,blue background,heat-sensitive ink.corn-reactive watermark and microtext printing on border. " aEa*&
AcoCERTIFICATE OF LIABILITY INSURANCE DATE`MMIDDrNM
`..-� 12/3/2015 F
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder Is an ADDITIONAL INSURED,the policy(les) must be endorsed. 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).
PRODUCER CONTACT CHRIS EHLERS
NAME:
- -
CCE INSURANCE SERVICES INC PHONENp Ex0; 816-363 3720 IAj N-
01: 816-363-1360
E-MAIL --.-- -
ADDRESS:
9237 WARD PARKWAY#235 INSURER($)AFFORDING COVERAGE NAIL M
KANSAS CITY MO 64114 INSURER A: WESTERN HERITAGE INS CO
INSURED INSURER B: USLI
CY YOUNG INDUSTRIES INC INSURER C: FARMERS INSURANCE GROUP
711 E 14TH AVE - _-- -
INSURER E
KANSAS CITY MO 64116 INSURER F: - - —
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING 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,
FXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR - ADOU8UBR _ - POLICY EFF POLICY EXP
LTR! TYPE OF INSURANCE !WVD POLICY NUMBER iMMIDDNYYYI (MM/DDNYYY) LIMITS
X: COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE S 1,000,000
DAMAGE TOPENTFD
— ?
� ---- --
i CLAIMS,MADE /�.j OCCUR I PREMISES(Ea-occvrrerjce) S 100,000
ME EXP P Any one person) +$ 1,000 -
A i I SCP0975451 01/11/2015 01/11/2016 � a,vaVINJURY S 1.000,000
I
GENT AGGREGATE LIMIT APPLIES PER I GENERAL AGGREGATE $ 2,000,000
POLICY (JE0. -�LOC I PRODUCTS-COMPIOPAGG +S 1,000000
OTHER:
AUTOMOBILE LIABILITY I 'COMBINED SINGLE LIMIT $ 1,000,000
-_---
�_ ANY AUTO ` BODILY INJURY(Per person) $
4 —I ALL OWNED SCHEDULED — -
C X i AUTOS AUTOS 605894172 02/18/2015 02/18/2016 BODILY INJURY(Per accident) S
--• -
NON-OWNED PROPERTY DAMAGE $
HIRED AUTOS AUTOS !; Per a-deny
1 $
UMBRELLA LIAB OCCUR I EACH OCCURRENCE $
! EXCESS LLAB --- -
i - i CLAIMS-MADE i i AGGREGATE S
• DED 1 RETENTIONS I E
WORKERS COMPENSATION
I j PER OTH i
STATUTE
AND EMPLOYERS'LIABILITY Y I N j -- -ER -- _--- --
ANYT'ROPRIETORPARTI4ER/ExFCL1TiVE I FI EACf I ACCIDENT $ 100,000
C InFRt �aIEtJ9ERE1:CfunLe� N/A A02178406 .06/15/2015 06/15/2016 - - -
(Mandatory In NH)
If yes•descnbe under ' E L:❑----- —-EA EMPLOYEE' S 100,000
DE SCRIPT ION OF OPERATIONS below ! E.L.DISEASE-POLICY LIMIT ` $ 500,000
$1,500,000
8 ' BUILDING CP15829528 09/2.5/2015 i 09/25/2016
I i
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101,Additional Remarks Schedule,may be attached If more space Is required)
EVENT SEATING.
Additional insured FORT WORTH CONVENTION CENTER
Project Name;Arena Seating Renovation
Additional Insured:CITY OF FORT WORTH,TEXAS
CERTIFICATE HOLDER CANCELLATION
SHOULD ANY THE BOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIR TON D E THEREOF, NOTICE WILL BE DELIVERED IN
FORT WORTH CONVENTION CENTER ACCORD C WR E OLICY PROVISIONS.
AUTHOR E p ES N AT E
1201 HOUSTON ST
FORT WORTH TX 76102
n 1968-2014 ACORD CORPORATION. All rights reserved.
ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides
worker's compensation insurance coverage for all of its employees employed on City Project, Fort
Worth Convention Center Arena Seatine Renovation located at 1201 Houston Street,Fort Worth,
Texas Project TPW2015-1t). Contractor further certifies that, pursuant to Texas Labor Code, Section
406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with
worker's compensation coverage.
CONTRACTOR:
Company-711 (5-
(Please Print)
l J (5- / rye' Signature: r
Address
Title:
City/State/Zip (Please Print)
r +
T>tH±'.STATE OFUXA-,S
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF Tom' §
1--�IAAC-1
BEFORE ME, the undersi ed authority, on s da p rsonally app ree�d
known to me
to be the person whose name is subscribed to the foregoing i ument, and acknowledged to me that
he/she executed the same as the act and deed of
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE thisday of 2015.
.�`O A•POg
P/
NOTARY S.oA EXs9F '
NOTARY
o PUBLIC fl:
;v NOTARY o
Ni
SEAL tarty ublic in a d for the State oftexa —
• #12380097
"W...!4;,' T E COV 0J�
9
*;J"6 OF.MNS;e%�
Instruction to Offerors Page 23 of 23
FWCC Arena Seating Renovation