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D E S I G N G R O U P, I N C.
101 S.JENNINGS AVENUE,SUITE#100 FORT WORTH,TEXAS 76104 (817)332-9477 FAX(8 17)332-9487 (888)TRY-RPGA
City of Fort Worth, Texas
Mayor and council Communleation
DATE REFERENCE NUMBER LOG NAME PAGE
8/1/00 C-18172 20RIVERSIDET 1 of 4
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO JOHNSTON PROJECT MANAGEMENT
CORPORATION FOR THE EXPANSION OF THE RIVERSIDE COMMUNITY CENTER
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RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a construction contract
with Johnston Project Management Corporation in the amount of $289,000 for expansion of the
Riverside Community Center.
DISCUSSION:
In 1998, the Riverside neighborhood received the Model Blocks designation and was awarded $1.2
million in funding. On September 29, 1998 (M&C G-12347), the City Council authorized funding in the
amount of$877,300 for the United Riverside Model Blocks (URMB), of which $179,800 was allocated for
the expansion of the Riverside Community Center. Desired expansion features included an expanded
senior citizens area and additional community meeting space and offices. In February 1999, the
Housing Department requested the Transportation and Public Works Department to obtain professional
■ architectural services for the design of the facility expansion. In April 1999, the RPGA Design Group
was requested to begin the design of the facility through an annual professional services agreement
with the City.
Several public meetings were held from July 1999, through March 2000, for the purpose of receiving
community input on expansion needs. In mid-March 2000, the final expansion concept was approved
by the community, at which time the architect proceeded with completion of the construction documents.
The project was advertised for bid on May 18 and 25, 2000. Upon assessment of the bids, a
construction budget shortfall was realized in the amount of $176,067. This shortfall was due to (1) the
neighborhood opting for a bigger expansion than originally planned in order to better accommodate a
variety of activities needed by seniors, youth and families in the community, (2) required accessibility
modifications to the existing facility, and (3) a significant increase in area construction material and
labor costs over the last two years.
On July 18, 2000, the Safety and Community Development Committee approved a recommendation to
the City Council to reallocate $176,067 in URMB funds to cover the funding shortfall for the community
center. On July 25, 2000, the request for additional project funding for the community center was
approved by the City Council.
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City of Fort Worth, Texas
,Mayor and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/1/00 C-18172 20RIVERSIDE 2 of 4
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO JOHNSTON PROJECT MANAGEMENT
CORPORATION FOR THE EXPANSION OF THE RIVERSIDE COMMUNITY CENTER
On June 15, 2000, the following bids were received:
Bidder Total Bid Base Accessibility Duration
Phoenix I Restoration & Construction, Ltd. $273,410 150
Johnston Project Management Corporation $289,000 $286,000 3,000 210
Keck & Company Contractors, Inc. $292,100 $287,450 $ 4,650 160
Tom S. Stephens, Inc. of Fort Worth $314,900 $308,900 $ 6,000 150
Modern Contractors $316,500 $311,800 $ 4,700 180
Triple R General Contractors, Inc. $318,435 120
Penntex Construction $320,024 $315,184 $ 4,840 120
Prime Construction Company, Inc. $345,770 $327,433 $18,337 140
Imperial Construction, Inc. $364,544 $354,544 $10,000 195
R. J. Miller and Associates, Inc. $372,374 $361,995 $10,379 150
Nue Tech Builders, Inc. $447,500 180
Woodrose Company, Inc. $458,420 $454,920 $ 3,500 190
It is recommended that the bid submitted by Johnston Project Management Corporation in the amount
of$289,000 be approved. The contract time is 210 calendar days.
F The apparent low bidder failed to submit his M/WBE Utilization Plan within the specified 5 business
days and was determined to be non-responsive. The second low bidder, Johnston Project
Management Corporation, is in compliance with the City's M/WBE Ordinance by committing to 20%
M/WBE participation. The City's goal on this project is 17%.
Facility expansion will include a 1,542 square foot expansion which will provide for an expanded
senior/community activity room, three offices, restrooms, accessibility modifications to the existing
facility, and irrigation of the curb strip along Sylvania Avenue. Structural expansion will require a
structural slab on piers, brick face facade and a modified bitumen roof on metal deck and joists. The
accessibility modifications to the existing facility include parking lot striping for handicap accessible
parking, the installation of handrails at stairways and modification to the reception area counter.
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City of Fort Words, Texas
mayor and council communication
-)ATE REFERENCE NUMBER I LOG NAME PAGE
8/1/00 C-18172 20RIVERSIDE 3 of
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO JOHNSTON PROJECT MANAGEMENT
CORPORATION FOR THE EXPANSION OF THE RIVERSIDE COMMUNITY CENTER
The construction budget will be as follows:
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Construction contract
Facility expansion $286,000
Accessibility improvements to the existing facility $ 3,000
Architect & Engineering construction phase administration $ 4,500
Construction contingencies
Parks & Community Services Administration (.03 %) $ 1,000
Transportation/Public Works Inspection/Administration (1.5 %) $ 4,320
Change Orders (5%) 14,450
TOTAL $ 313,270
The following provides the entire project budget, appropriations, and expenditures to date.
Total appropriations to date:
Original Model Block fund amount $179,800
Building expansion ($165,000)
Site amenities/irrigation ($ 14,800)
Reallocated URMB Funds $176,067
American Disabilities Act Funds 3,000
TOTAL $358,867
Expenditures to date:
Design Services (architect) $ 31,324
Administration Services $ 5,973
Deduction for future site amenities: 8,300
Available funds prior to award of contract: $313,270
City of Fort Worth, Texas
mayor and council communication
-)ATE REFERENCE NUMBER LOG NAME PAGE
' 8/1/00 C-18172 20RIVERSIDE 4 of 4
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO JOHNSTON PROJECT MANAGEMENT
CORPORATION FOR THE EXPANSION OF THE RIVERSIDE COMMUNITY CENTER
This project will have an operational impact on the General Fund budget of$7,500 annually.
This project is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current operating budgets, as appropriated,
of the Grants Fund and the General Fund.
MG:k
Submitted for City Manager's FUNDACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140
Originating Department Head:
Hugo Malanga 7801 (from) APPROVED 8-1-00
GG01 536010 0205002 $ 3,000.00
Additional Information Contact: GR76 539120 005206122680 $286,000.00
Hugo Malanga 7801
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
Addition and Renovation of the Riverside Community Center
Bid Opening Date: June 15, 2000 (NO CHANGE)
The Contract Documents and Specifications for the above referenced project are hereby revised and
amended as follows:
The Prebid Conference was held at 10:00 AM, May 31, 2000. The following attended:
Architects:
Javier Lucio RPGA Architects
City of Fort Worth:
Rob Rodriguez Parks and Community Services
Robert Wood Transportation and Public Works
Mike Mathews Transportation and Public Works
Judy Bell Housing Department
Contractors:
Ralph Miller Extra Mile, Inc. 467-6000 483-1900
Jeff Jones Imperial Construction 341-8886 594-6686
Timothy Keck Keck and Co. 469-6035 459-1452
Ron Maddox Maddox Construction 922-8499 265-6220
Nue Tech Builders 972-935-9878 923-2848
Lee Smith Penntex Construction Co. 429-2748 335-7460
Ken Davis Pheonix I Restoration and Construction 214-902-0111 214-353-1631
Jerry Moody Prime Construction Company 831-1150 831-7363
R. D. Hogan Prime Construction Company 831-1150 831-7363
Donald Bailey Tom Stephens, Inc. 275-2575 275-2579
Robert Varner Triple R. General Contractors 214-948-9098 214-941-9636
Proposal: A revised Proposal is enclosed. The two alternates have been deleted and the bid is
to be broken down to separate the accessibility modifications to the existing building.
Acknowledge the receipt of this addendum on your Proposal.
H. A. MALANGA, P.E.
DIRECTOR A SPORTA N UBLIC ORKS
By: P
Robert 7V ood, Architectural Services
817-871-8088, Fax 871-8488
RELEASE DATE: June 2, 2000
Addendum 1 Page 1 of 3
REVISED PROPOSAL
Addendum 1
T0: MR. BOB TERRELL
CITY MANAGER
CITY OF FORT WORTH,TEXAS
FOR: Addition and Renovation
Riverside Community Center
Project Number TPW 99-002
201 Sylvania Avenue
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do
all the work and furnish all labor, equipment and materials necessary to fully complete all the work as
provided in the plans and specifications, and subject to the inspection and approval of the Director of
Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and,
if the contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds approved by
the City of Fort Worth for performing and completing the Work within the time stated and for the
following sum, to wit:
DESCRIPTION OF ITEMS
Addition of Senior Citizens Activity Room, Offices,
Storage Rooms and restrooms, Renovations to existing areas
Accessibility Improvements(Handrail and striping(01/A-1.01),
New Railing at Stairs(03/A-7.02), Reception Counter
Modifications(06,07/A7.02)
Total Bid
Pier over/under run $ /LF
The undersigned agrees to complete the Work within calendar days after the date of
Notice to Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed
for the above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through
13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to
the award of contracts to non-resident bidders. The law provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or
principal place of business are outside of the State of Texas) that bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that Texas resident bidder would be required to underbid a non-resident
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Addendum 1 Page 2 of 3
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bidder in order to obtain a comparable contract in the state in which the non-resident's principal place
of business is located. The appropriate blanks in Section A must be filled out by all non-resident
bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders
Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in
Section B.
A. I_I Non-resident vendors in (give state), our principal
place of business, are required to be percent lower than resident
bidders by state law.
1_I Non-resident vendors in (give state), are not required to
underbid resident bidders.
B. 1_I Our principal place of business or corporate offices are in the State
of Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute
the formal contract and will deliver an approved Surety Bond for the faithful performance of this
contact. The attached deposit check in the sum of Dollars ($_�is to become the
property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event
the contract and bond are not executed within the time set forth, as liquidated damages for delay and
additional work caused thereby.
MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000)
• I am aware that I must submit information the Director, Transportation and Public Works,
concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal
in order to be RESPONSIVE.
Respectfully submitted,
Company Name
By:
Signature
Printed Name of Principal Title
Address:
Street
City Zip
Phone:
Fax:
Receipt is acknowledged of the following addenda:
Addendum No. 1:
Addendum No. 2:
Addendum 1 Page 3 of 3
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 2
Addition and Renovation of the Riverside Community Center
Bid Opening Date: June 15, 2000 (NO CHANGE)
The Contract Documents and Specifications for the above referenced project are hereby revised and
amended as follows:
See enclosed Addendum No. 2 prepared by Architect.
Acknowledge the receipt of this addendum on your Proposal.
H. A. MALANGA, P.E.
DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS
/Co
By: d W1.4 ko-4
Robert Wood, Architectural Services
817-871-8088, Fax 871-8488
RELEASE DATE: June 9, 2000
Addendum 2 Page 1 of 4
June 9, 2000
ADDM-DUM NUMBER TWO 1
RTVFRSTDE COMMUhT1Y CMnMLR
ADDENDUM NUMBER TWO
Bidders arc advised of the following revisions and clarifications and shall be governed accordingly.
A. ADDi7TONS:
1. Project Manual(Specifications):
a. Finish Hardware(Section 08710): Item 2.6A is changed to"Provide closers at all exterior
doors,restroom doors,fire rated doors and as indicated."
2. Drawings:
a. Two(2)Overflow drains have been added to the existing roof. Reference the revised partial
plan of Sheet P-1.01(enclosed).
B.RF.VISTQNSICLARIFICATIONS:
1. Drawings:
a. The hinge side of Door 009 has been switched. Reference the revised partial plan of Sheet A-
3.01(enclosed).
C. ATTACHMENTS:
1. Partial Plan: P-1.01 (060800)
2. Partial Plan: A-3.01(060800)
END OF ADDENDUM NUMBER TWO
R P O A '
O a • I ON 6 R O Y P. I n c.
Addendum 2 Page 2 of 4
June 9, 2000
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June 9, 2000
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June 9, 2000
NOTICE TO BIDDERS
Sealed bids for Addition and Renovation or the Riverside Community Center at 201 Sylvania Avenue, Fort
Worth, will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth,
76107, until 1:30 P.M., Thursday,June 15, 2000,and will be opened and publicly read aloud
approximately thirty minutes later in the Council Chambers.
A Pre-Bid Conference will be held at 10:00 AM,Wednesday, May 31, 2000, at the Riverside Community
Center.
The Project consists of a 1,128 SF expansion to an existing Community Center including an activity room,
three offices and two restrooms. The expansion will include a structural slab on piers, brick face walls and
a modified bitumen roof on metal deck and joists. Expected cost is$250,000.
The MWBE Goal for this project is 17%. Contact the MWBE office(871-6104)to obtain lists of certified
subcontractors and suppliers.
Contractors will be required to post Payment and Performance Bonds and provide Contractors General
Liability and Statutory Workers Compensation Coverage.
Any Contract awarded under this Notice to Bidders will be partly funded under a grant from the
Department of Housing and Urban Development. Neither the Government of the United States nor any of
it's departments, agencies or employees is or will be a party to this Notice to Bidders or any resulting
'. contract.
Copies of the Project Manual and plans for this project may be obtained at the Department of Engineering
Plans Desk, City Hall, 1000 Throckmorton Street(817.871.7910) in return for a $50 deposit for each set.
For additional information contact RPGA Design Group, Javier Lucio, 817-332-9477.
Advertisement: May 18, 2000
May 25, 2000
DESIGN TEAM MEMBERS RIVERSIDE COMMUNITY CENTER
RIVERSIDE COMMUNITY CENTER
ADDITION & RENOVATION
DESIGN TEAM MEMBERS
CITY OF FORT WORTH
TRANSPORTATION & PUBLIC WORKS
DEPARTMENT
Hugo Malanga-Director
Michael J. Mathews-Chief,Facilities Management
CITY OF FORT WORTH
PARKS AND COMMUNITY SERVICES DEPARTMENT
ARCHITECTURAL AND ENGINEERING CONSULTANT TEAM
ARCHITECT
RPGA DESIGN GROUP, INC.
101 S. Jennings Avenue, Suite 100
Fort Worth,Texas 76104
(817) 332-9477 (972) 445-6425 FAX(817) 332-9487
STRUCTURAL ENGINEER
R. L. WOODS &ASSOC.
101 E. Randol Mill, Suite 201
Arlington, TX 76011
(817) 277-6686 FAX(817)277-6689
MECHANICAL/ELECTRICAL/PLUMBING ENGINEER
WELLS DOAK ENGINEERS
2800 S. Hulen Street, Suite 212
Fort Worth,TX 76109
(817) 920-9545 FAX(817) 920-9565
R P G A
D E 8 I G N G R 0 U P. I N C.
TABLE OF CONTENTS
NOTICE TO BIDDERS
DESIGN TEAM MEMBERS
TABLE OF CONTENTS
INSTRUCTIONS TO BIDDERS
SPECIAL INSTRUCTION FOR BIDDERS(M/WBE)
PROPOSAL
CERTIFICATIONS, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BLOCK GRANTS
GENERAL CONDITIONS
WEATHER TABLE
WAGE RATES
TECHNICAL SPECIFICATIONS
See next page
CONTRACT
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
TABLE OF CONTENTS 00000- iii
RIVERSIDE COMMUNITY CENTER
CONTRACT DOCUMENTS AND
TECHNICAL SPECIFICATIONS
TABLE OF CONTENTS
Section Subject Pace
DESIGN TEAM MEMBERS i
TABLE OF CONTENTS
DMSION 0- CONDITIONS OF THE CONTRACT #of Pages
00180- Subsurface Investigation(Soils Report) 26
DIVISION 1 - GENERAL REQUIREMENTS # of Pages
01010 - Summary of Work 6
01500-Temporary Facilities 5
DIVISION 2 - SITE WORK #of Pages
02050-Demolition 2
02100- Site Preparation 5
02270- Erosion Control 3
02282 -Termite Control 2
02371 -Drilled Concrete Piers (Caissons) 6
02580 -Pavement Accessories 3
02780-Interlocking Concrete Pavers 8
02810-Irrigation Systems 11
DMSION 3 -CONCRETE #of Pages
� Ac
03100-Concrete Formwork �� a
03200-Concrete Reinforcement4 3
03300- Cast-In-Place Concrete * * 7
DMSION 4-MASONRYT5 Q.
TE•• .�•;��-�. #of Pages
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04100-Mortar and Masonry Grout 5
04200 -Unit Masonry 67-1-7-`--)O 8
04340-Reinforced Unit Masonry System 7
R P G A
9 E s 1 0 N 0 R 0 U P, I N C.
TABLE OF CONTENTS 00000- iv
RIVERSIDE COMMUNITY CENTER
DIVISION 5 -METALS # of Pages
05120 -Structural Steel 4 v
05210 - Steel Joists 3
05311 - Steel Roof Deck 3
05313 - Steel Floor Deck 4 g
05500-Miscellaneous Fabrications 5
05810 -Expansion Joint Cover Assemblies 2
DMSION 6-WOOD &PLASTIC #of Pages
06100 -Rough Carpentry 5
06400-Architectural Woodwork 4
DIVISION 7 -THERMAL PROTECTION #of Pages
07200 -Building Insulation 2
07536 -Modified Bitumen Roofing 14
07600 -Flashing and Sheet Metal 4
07720 -Roof Accessories 2
07900-Joint Sealants 6
DIVISION 8 -DOORS &WINDOWS #of Pages
08110 -Hollow Metal Doors and Frames 3
08211 -Flush Wood Doors 2
08300-Access Doors 2
08400- Storefront Doors and Aluminum Glazing Systems 2 -
08710-Finish Hardware 6
08800-Glass and Glazing 3
DIVISION 9 -FINISHES #of Pages
09250- Gypsum Wallboard 4
09300 -Tile ��;' �� '.fin 5
09512 -Acoustical Tile Ceilings —+ 2
09650-Resilient Flooring *` -* 3
09900-Painting 314 CJ 6
DMSION 10-SPECIALTIES #of Pages
10260- Wall and Corner Guards 1 —w
10440- Signage O 3
10522 -Fire Extinguishers, Cabinets and Accessories 2
10655 -Accordion Folding Partitions 4
R P G A
0 € S I G N 0 R 0 U P, I N C.
TABLE OF CONTENTS 00000- v
RIVERSIDE COMMUNITY CENTER
10800-Toilet and Bath Accessories 2
DMSION 12 -FURNISHINGS #of Pages
12500-Window Treatment 3
DMSION 15 -MECHANICAL #of Pages
15010-Mechanical -General Provisions 9
15011 -Prefabricated Conventional Roof Curbs and Supports 2
15180-Insulation 4
15400-Plumbing Fixtures 5
15401 -Piping and Accessories 7
15820-Ductwork and Devices 5
15852 -Packaged Roof-Top Air Conditioning Units 3
15907 -Testing and Balancing 4
DMSION 16 - ELECTRICAL #of Pages
16010-Electrical - General Provisions 7
16110 - Conduit 3
16120-Wire and Cable 2
16140-Devices and Plates 2
16500-Lighting 2
END OF TABLE OF CONTENTS
...........
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R P G A
D E S 1 G N G R 0 U P, I N C.
INSTRUCTIONS TO BIDDERS
1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the
responsiveness of a Proposal:
• Use the Proposal Form provided in the Project Manual.
• Entries on the Proposal Form may be handwritten or typed
• Write in contract duration if not specified
• Acknowledge all addenda on the Proposal Form
• Have a Principal sign the Proposal
• Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard
bid bond. Personal checks are not acceptable. Note Project Name on the check or bid
bond
2. MINORITY/WOMENS BUSINESS ENTERPRISE(M/WBE)
If your bid is in excess of $25,000, the MWBE Program applies, and you have five City business days
following the bid date to prepare and submit your M/WBE Plan. Early submittal is encouraged. Be aware
that if you elect to provide documentation of a Good Faith Effort you will have to accomplish each and
every action in the Special Instructions to Bidders, Minority and Women Business Enterprises
Specifications, included in this Project Manual. In order to meet all the requirements for a Good Faith
Effort you will have to start at least two weeks before the Bid date.
The lowest responsive, responsible, bidder meeting the M/WBE requirements will be recommended for
award. Information concerning participation of Minority and Women's Business Enterprises is not required
for Projects less than $25,000. All purchases from M/WBE suppliers, second tier subcontractors and
second tier suppliers may be included in M/WBE contribution toward meeting the goal.
The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM
and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must
be received no later than 5:00 P.M_ five (5) City business days after the bid opening date. The Bidder
shall obtain a receipt from the appropriate employee of the managing department to whom delivery was
made. Such receipt shall be evidence that the City received the documentation.
Successful Bidder will be required to submit co-signed letters of intent or executed agreements with all
M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed.
3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort
Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid
and is subject to forfeit fin the event the successful bidder fails to execute the contract documents within
ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope
containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being consid-
ered for this project. Bidder's bond will be returned if the City fails to award the contract within 49 calendar
days of receipt of bids, unless the Bidder agrees to an extension.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the
successful bidder entering into a contract for the work will be required to give the City surety in a sum
equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the
surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of
Article 5160 of the Revised Civil Statutes of Texas, as amended.
In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the
current U. S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and
s
surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the
state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-
tenth of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must
be authorized, accredited or trusteed to do business in Texas.
No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or
which are interested in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor -
shall immediately provide a new surety to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum.
Payment shall not be made for a period of 45 calendar days from the date the work has been competed
and accepted by the City.
If the contract is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract,
solely for the protection of all claimants supplying labor and materials in the prosecution of the work.
If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount
of the contract, conditioned on the faithful performance of the work in accordance with the plans,
specification, and contract documents. Said bond shall be solely for the protection of the City of Fort
Worth.
5. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s) of the
work and the details of the requirements set out in these specifications to satisfy himself as to the
conditions which will be encountered relating to the character, quality, and quantity of the work to be
performed and materials and equipment required. The filing of a bid by the bidder shall be considered
evidence that he has complied with these requirements.
6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the propos-
al.
7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents, must be
paid on this project.
8. POST BID - PREAWARD SUBMITTALS: Bidders are required to submit the following information
to the Architectural Services Section, Building Services Division, 3409 Harley Avenue, 817-871-8274,
within five business days subsequent to bid opening (Normally 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:
• MinorityMomen's Business Documentation (for bids in excess of$25,000) .�
• CERTIFICATIONS, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BLOCK GRANTS
• Contractors Qualification Statement(AIA Form A305)
• Proposed Subcontractors and Suppliers
• Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept �-
the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract. The Contractor must provide and use subcontractors listed
unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to
their meaning, he shall notify the City at once. If required, the City will then prepare a written addendum
that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents
by the Notice to Bidders. The Contractor is responsible for determining if addenda are available and for
securing copies prior to submitting a proposal. Oral instructions or decisions unless confirmed by
addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of
the contractor to include work called for in the addenda.
Bidder must acknowledge ziddenda in the Proposal. Failure to acknowledge addenda may cause the
Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its
information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that
coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that
Workers Compensation Insurance will be obtained, must be submitted within five working days of bid
opening
12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15, 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits
may be required for each work location.
14. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon
construction cost and stated bid period of time for construction. Where the Bidder proposes time, the City
will evaluate the City's program needs in determining the acceptability of the proposed contract duration.
The City reserves the right to award the contract upon those terms considered by the City to be in its best
interests.
15. PLAN DEPOSIT: The City will deposit plan deposit checks to its account two weeks following
receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time.
Contractors forfeit their plan deposit after that time.
16. ADJUSTMENT OF QUANTITIES: Where unit prices and estimated quantities are used to
compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the
total cost for that section. Unit prices for adjustments to unit quantities in excess to 20% may be
negotiated at the request of either party.
17. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are
descriptive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall
inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure
to inform the City of substitute projects will obligate the contractor to provide the specified material if
awarded the contract. Within 14 days after bid opening and upon request of the architect or contractor,
the contractor will submit a full sized sample and/or detailed information as required to allow the architect
to determine the acceptability of proposed substitutions. Where equipment has been listed as "no
substitute accepted", the City will accept no alternates to the specified equipment.
00000
REVISED PROPOSAL
Addendum 1
T0: MR. BOB TERRELL
CITY MANAGER
CITY OF FORT WORTH,TEXAS
FOR: Addition and Renovation
Riverside Community Center
Project Number TPW 99-002
201 Sylvania Avenue
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do
all the work and furnish all labor, equipment and materials necessary to fully complete all the work as
provided in the plans and specifications, and subject to the inspection and approval of the Director of
Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and,
if the contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds approved by
the City of Fort Worth for performing and completing the Work within the time stated and for the
following sum, to wit:
DESCRIPTION OF ITEMS
Addition of Senior Citizens Activity Room, Offices,
Storage Rooms and restrooms, Renovations to existing areas
Accessibility Improvements (Handrail and striping (01/A-1.01),
New Railing at Stairs (03/A-7.02), Reception Counter
Modifications (06,07/A7.02) ` o� C�IP�C�IlZ>
Total Bid j� $R '/�►��
Pier over/under run $ �. /LF
The undersigned agrees to complete the Work within a2 AQ _ calendar days after the date of
Notice to Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed
for the above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee
applicants to the undersigned are not discriminated against as prohibited by the terms of City
Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through
13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to
the award of contracts to non-resident bidders. The law provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or
principal place of business are outside of the State of Texas) that bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that Texas resident bidder would be required to underbid a non-resident
Addendum 1 Page 2 of
bidder in order to obtain a comparable contract in the state in which the non-resident's principal place
of business is located. The appropriate blanks in Section A must be filled out by all non-resident
bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders
Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in
Section B.
A. LI Non-resident vendors in (give state), our principal
place of business, are required to be percent lower than resident
bidders by state law.
I
_I Non-resident vendors in (give state), are not required to
Vun erbid resident bidders.
B. I Our principal place of business or corporate offices are in the State
of Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute
the formal contract and will deliver an approved Surety Bond for the faithful performance of this
contact. The attached deposit check in the sum of Dollars ($ — ) is to become the
property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event
the contract and bond are not executed within the time set forth, as liquidated damages for delay and
additional work caused thereby.
MINORITY/WOMENS BUSINESS ENTERPRISE(M/WBE): (For bids in excess of$25,000)
• 1 am aware that I must submit information the Director,Transportation and Public Works,
concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal
in order to be RESPONSIVE.
Respectfully submitted.
rP.
Company me
By:
nature
e- 3&:,7,n fv �estde
Printed Nam of Principal Title
Address: //d/ Arcy.ne
Street
PP City Zip
Phone: _S1?) o &7-3(a?7
Fax: 90 o? Bal- 110i2
Receipt is acknowledged of the following addenda:
r
Addendum No. 1.
Addendum No. 2:�
Addendum 1 Page 3 of 3
06-21-00A11 :46 RCVD
ATTACHMENT ,
City of Fort Worth Page 1 of
Minority and Women Business Enterprise Specifications
- MBE/WBE UTILIZATION
Joh^ il5to n o l cg--+ 4err�en f
PRIME COMNAME BIO DATE
RiyGPANY _nm rr,r��;t� C',•,� cr TiOGc� 19-
PROJECT NAME _T PROJECT NUMBER
CITY'SMAVBE t'ROJECTGOAL• / FIAVIIE rERCENTAGEACIIIEVED:
Failure to complete this form,In Its entirety with supporting documentation,and received by the Managing Departmen
on or before 5:00 p.m.five (5)City business days after bid opening,exclusive of bid opening date,will result in the bit
being eonsldered non-responsive to bid specifications.
The undersigned bidder agrees to enter Into a formal agreement with the MBE andfor WBE firms for work listed In thi:
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional andfor knowint
misrepresentation of facts Is grounds for consideration of disqualification and will result In the bid being consideree
non-responsive to specifications.
Company Name,Contact Name, CaNfied Specify All Contracting Specify A11 items to be Dollar Amount
Address,and Telephone No. _ Scope of Work(') Supplied(') 2 -
u '" ; pzp Y
0 p C a-
Z �
_ �► Site clerno Prep
` D ril 1 piers
Concrete -Frx'&s, x
r�
7z,,&_7-7-1 re-,n4orce rH-enf:,oa
72 y 00 (u Le rn pn
.7,U= a�x___1 term
_-.,00 r ty
i
IMWBEs must be located In the 9 jalne)county marketplace or currently doing business In the marketplace at the time of bid_
1('} Specify all areas In which MWBE's are to be utilized and/or kerns to be supplied:
(*) A complete listing of Items to be supplied Is required In order to receive credit toward the MIME goal.
("}Identify each Tier level. Tkr.Means the level of subcontracting below the prime contractor/consultant.Le.,a direct payment
from the prime contractor to a subcontractor is considered 1~tier.a payment by a subcontractor to
Its supplier Is considered!~liar.
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m..FIVE(5)CITY BUSINESS DAYS AFTER BID
OPENING.EXCLUSIVE OF THE BID OPENING DATE Rei 611191
Pages 1 and 2 of Attachment 1A must be received by the Managing Department
MWBE-2
ATTACHMENT t
Page 1 or y
City of Fort Worth
Minority and Women Business Enterprise Specifications -
MBEMBE UTILIZATION
Company Name.Contact Name, Cenlfied Specify All Contracting Specify All Items to be lar Amount
Address,and Telephone no. { Scope of Work('I Supplied(') r
r
The bidder further agrees to provide. directly to the City upon request. complete and accurate information regardinc
actual work performed by all subcontractors. including MBE(s) arid/or WBE(s) arrangements submitted with this bid
The bidder also agrees to allow an audit and/or examination of any books, records and files hold by their company that
will substantiate the actual work performed by the MBE(s) and/or WBE(s) on this contract, by an authorized officer or
employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the
contract or debarment from City work for a period of not less than three(3)years and for initiating action under Federal,
State or Local laws concerning false statements. Any failure to comply with this ordinance and creates a material
breach of contract may result in a determination of an irresponsible offeror and barred from participating in City work
for a per04 of time not less than one(1)year.
ALL Es an UST BE CERTIFIED BY THE CITY BEFORE CONTRACT AWARD
Authorized Sig a rc Printed Signa re
Title Contact Name and Title (if different)
Company Name NO V Telephone Number(s)
1111 L_ 146&�46. �'` A= �R 740
Address Fax Number
less -'Zc7a ya .e-an-g:22
City/stalelZip Code Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m..FIVE(5)CITY BUSINESS DAYS AFTER BID
OPENING.EXCLUSIVE OF THE BID OPENING DATE
Rev.612/9e
Pages 1 and 2 of Attachment 1A,must be received by the Managing Department
MWBE-3
UN-15-2006 THU 10: 31 Fk F' 100:�''
APEX COST CONSULTANTS INC. 2822 West Lancagur eukg 0102
//►►����������pp DIVISION
p/� Fon worth,Tons 78107
17)3688700
CONS f RUCT ION DMSION ;17)940 870 In
June 16,2000
To: All Bidders
Re: Riverside Community Center—Additions & Renovations
We appreciate the opportunity to bid this project We proposal as follows : Section 02050 ( Site
demolition ) ; 02100 ( Site prep) ; 02371 ( Drilled piers ) ; 03100 (Concrete form work ) ; 032DO
(Concrete reinforcement) ;03300 (CIP concrete)for the sum of S 48.680.00 (forty eight thousand
six hundred eighty dollars and no cents)
18"pier over/under per If $ 22.00
We acknowledge the following:Addendum 0 1 ,2
We exclude the following:
Testing;Inspecton fees;permits;construction staking;engineering control points;bonds;location of
utilities ; utilities ; utility concrete ; concrete and/or form work for masonry work ; pre-cast concrete ;
water meters : water ; rip rap ; cement stabilization ; goo —fabric ; barricades , signage or traffic
control;rock excavation :bracing ,shoring or sheeting ;water or chemical injection ;erosion control;
protection and/or salvage of any items;liquidated damages:pavers ;re-bar for masonry;clean —up
other trades; grouting of base plates ;miso.concrate ;Joint sealant ;interior demolition ; medtertical
and electrical demolition.
This proposal Is good for thirty days from today
Sincerely,
Lester J.Lawson
General Manager
CC;File
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ATTACHMENT I
City of Fort Worth Page 1 of 1
Minority and Women Business Enterprise Specifications
Prime Contractor Waiver
Jo h ns-f�n�rn� -{- Grri t�. �A''iP• �� vers;de
Prime Company Name J V Project Name
6-/s-oo 7P(.r� 9c'-
Bid Opening Date Project Number
If both answers to this form are YES,do not complete ATTACHMENT 1C(Good Faith Effort Form).
All questions on this form must be completed and a detailed explanation provided,If applicable. It
the answer to either question Is NO,then you must complete ATTACHMENT 1C. This form is only
applicable If bAW answers are yes.
Fat�a•yiaW4 in Inbsenirluo ete thty andeteceirrerd;�,""yFzffr-ce�e+.tMtoanrisaainrg".'Dbt el.d oaacrrptamevnte.lrir.itg.bsdnay�to
V1540() 12- er,.ecfus� e ofiT
wr1lresu`Qniifiecove c fag _ es
Will you perform this entire contract without subcontractors? Yes No
If yes, please provide a detailed explanation that proves based on the size and scope of
this project, this Is your normal business practice and provide an operational profile of
your business.
Will you perform this entire contract without suppliers? Yes 4ZNo
If yes, please provide a detailed explanation that proves based on the size and scope of
this project,this is your normal business practice and provide an inventory profile of
your business.
The bidder further agrees to provide, directly to the City upon request. complete and accurate
Information regarding actual work performed by all subcontractors, including MBE(s) and/or
WBE(s) on this contract,the payment therefore and any proposed changes to the original MBE(s)
and/or WBE (s) arrangements submitted with this bid. The bidder also agrees to allow an audit
and/or examination of any books, records and files held by their company that will substantiate
the actual work performed by the MBE(s)and/or WBE(s) on this contract,by an authorized officer
or employee of the City.Any intentional and/or knowing misrepresentation of facts will be grounds
for terminating the contract or debarment from City work for a period of not less than three*(3)
years and for Initiating action under Federal,State or Local taws concerning false statements. Any
failure to comply with this ordinance and creates a material breach of contract may result in a
determination of an irresponsible offeror and barred from participating In City work for a period of
time not 1 tha one(1)year.
Authorized ure Printed Signat re
Title Contact Name(if different)
kzh ns , `�r�pct a2pi &r-�o• JT.2-) d& $-3 �?
&
Company Name �— Contact Telephone Number(s)
,//., g'&�, 8i 2) c3
Address Fax Number
i
Authorized Signature Company Name
Wz/9e
MWBE-4
ATTACHMENT 1
Page 1 of
City of Fort Worth
Minority and Women Business Enterprise
QOOD FAiTH EFFORT
oh n5ton i�'C a�ect �f.. 10 car /7 - /5-00
Prime Company Name B1d Date
t)er�ef e- --T2&2 g'?-G0a
Project Name Project Number
— If you have failed to secure M/WSE participation and you have subcontracting and/or supplier opportunities or
your MMIBE participation Is less than tho City's project goat,you mug complete this form.
If the bidder's method of compliance with the M/WBE goal is based upon demonstration of
"good faith effort", the bidder will have the burden of correctly and accurately preparing an
submitting the documentation required by the City. Compliance with each Item, 1 thru 6 belov
shall satisfy the Good Faith Effort requirement absent proof of fraud, Intentional and/c
— knowing misrepresentation the facts or Intentional discrimination by the bidder.
Failure to complete this form, in Its entirety with supporting documentation, and received by lh
Managing Department on or before 5:00 p.m.five(5)City business days after bid opening,exclusive of bi
opening date,will result in the bid being considered non-responsive to bid specifications.
1.) Please list each and every subcontracting and/or supplier opportunity(DO NOT LIST NAMES OF
FIRMS)which will be used in the completion of this project,regardless of whether it is to be provided
by a M/WBE or non-MIWBE.
(Use additional sheets,it necessary)
List of: Subcontracting-Ooaortunities List of: Supplier Onoortunities
Na M h 1 /7!2
7` i x.-f'c�res
lam he
Rev.6f2i
MWBE-5
ATTACHMENT I
Page 2 of:
2.) Did you obtain a current list of M/WSE firms from the City's M/WSE Office? The list is considered in
compliance,If It Is not more than 3 months old from the date of bid opening.
Yes Date of Listing /
No
3.) Did you solicit bids from M/WBE firms,within the subcontracting andlor supplier areas previously
listed,at least ten calendar days prior to bid opening by mail,exclusive of the day the bids are
opened?
Yes If yes,attach M/WBE mall listing to Include name of firm and address and a sLILtd
No copy of letter mailed.
4.) Did you solicit bids from M/WBE firms,within the subcontracting andfor supplier areas previously
listed,at least ten calendar days prior to bid opening by telephone,exclusive of the day the bids are
paned?
Yes If yes,attach list to Include name of M/WBE firm,fel!contacted,
No phone number and Agg and llmg of contact,
NOTE:.A facsimile may be used to comply with either 3 or 4,but may not be used for both. If a facsimil,
Is used, attach the fax confirmation, which Is to provide MIWBE name, date, time, fax number an
documentation taxed.
NOTE: If a SIC list of M1WBE is ten or less,the bidder must contact the entire list to be in compliance wit
questions 3 and 4. if a sic list of M/WBE Is more than ten,the bidder must contact at least two-thirds C.
the list but not less than ten to be in compliance with questions 3 and 4.
S.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of
Jplans and specifications In order to assist the MJWBEs?
Yes
No
6.) if MNVBE bids were received and rejected,you must:
(1) List the M/WBE firms and the reason(s)for rejection(i.e.,quotation not commercially reasonable,
qualifications,etc.)and
(2) Attach affidavit andfor documentation to support the reason(s)listed below(i.e..letters,memos,
bids,telephone calls,meetings,etc.)
(Please use additional sheets,If necessary,and attach.)
any Name Telephone Contact Person Scope of Work Reason for
Rejection
Rev.612
MWBE-6
ATTACHMENT 1
Page 3 of
ADDITIONAL INFORMATION:
Please provide additional Information you feel will further explain your good and honest efforts to obtain
MIwBE participation on this project.
The bidder further agrees to provide, directly to the City upon request, complete an
accurate information regarding actual work performed on this contract, the paymer
thereof and any proposed changes to the original arrangements submitted with this bic
The bidder also agrees to allow an audit and/or examination of any books, records an
files held by their company that will substantiate the actual work performed on thi
contract, by an authorized officer or employee of the City.
Any intentional and/or knowing misrepresentation of facts will be grounds fc
terminating the contract or debarment from City work for a period of not less than thre
(3) years and for initiating action under Federal, State or Local laws concerning fats
statements. Any failure to comply with this ordinance and creates a material breach c
contract may result in a determination of an irresponsible offeror and barred frot
participating in City work for a period of time not less than one (1) year.
The undersigned certifies that the information provided and the M/WBE(s) liste
was/were contacted in good faith. It is understood that any M/WBE(s) listed i
Attachment 1C will be contacted and the reasons for not using them will be verified b
;the&sM B Offfig r Printed Sign lure
e�, dten
Title Contact Name and Title(if different)
Jo(n fns iron 'Wlf'd'fCG-' flu m�f; Jr/7-) a/a $•3 6 7 2
Company Name �T Telephone Number(s)
Address Fax Number
se,�-7�—?sem�� /A --/ 9'-eD
2i -
a' City/stateDale-
Rev.
Rev.WZ
MWBE-7
CONTRACT DOCUMENTATION RECEIPT
Transportation & Public Works
06-21-OOA11 :46 RCVD
Official Date: 11 Official Time:
Project Name: QOM-; e om. is e�tit�/1 C�
.
Project Manager: ^uIJ�! ,l'iD r
Forms Submitted By
Name:
Company: ,,^, "C :
Received By: ac-tbtfiok
LETTER OF INTENT
Date: August 4, 2000
VIA:
Attn: Lester J. Lawson
Apex Cost Consultants- Construction Division
RE: Start Approval and Contract on Riverside Community Center
Dear: Mr. Lawson,
You are hereby authorized to commence work at the above referenced job site on
August 4 , 2000. Contract Documents are being prepared by JPM Corp. in the
amount of$ 48,680.00 for the Site Demo/Prep and Concrete work listed below per
plans and specifications to include but not limited to:
Provide all labor, materials, tools and equipment necessary for:
Section 02050- Site Demolition,
Section 02100- Site Prep
Section 02371- Drilled Piers
Section 03100- Concrete Form Work
Section 03200- Concrete Reinforcement
Section 03300- CIP Concrete
18" pier over/under per if $ 22.00
Addendums 1 & 2 acknowledged
All work is to be done in a timely manner with professional quality. Site is to be left clean
at the end of each day.
Contract documents will be forwarded to your attention as quickly as possible. The
contract is contingent upon receipt of an executed W-9 form and original Certificate of
Insurance with coverage including both Workers' Compensation and General Liability.
Certificate should list JPM, Corp. as both certificate holder and additionally insured.
Should you have any questions, please call my office
erel ,
ewey ston
JPM, Co .
LETTER OF INTENT
Date: August 9, 2000
VIA:
Attn: Joe DeLeon dba
Joe DeLeon Construction
RE: Start Approval and Contract on Riverside Community Center
Dear: Mr. DeLeon,
You are hereby authorized to commence work at the above referenced job site on
August 15 , 2000. Contract Documents are being prepared by JPM Corp. in the
amount of $ 21,840.00 for the Masonry work listed below per plans and specifications
to include but not limited to:
Provide all labor, materials, tools and equipment necessary for:
Section 04100- Masonry
Addendums 1 & 2 acknowledged
All work is to be done in a timely manner with professional quality. Site is to be left clean
at the end of each day.
General Contractor reserves the right to purchase materials on behalf of subcontractor
with a deduction in subcontractors contract price.
Contract documents will be forwarded to your attention as quickly as possible. The
contract is contingent upon receipt of an executed W-9 form and original Certificate
of Insurance with coverage including both Workers' Compensation (NO Waiver) and
General Liability. Certificate should list JPM, Corp. as both certificate holder and
additionally insured.
Should you have any questions, please call my office
0Si ely,
Dewey J ston
JPM, Corp.
LETTER OF INTENT
Date: August 9, 2000
VIA:
Attn: Aly G. Knox
Knox Brothers Construction
RE: Start Approval and Contract on Riverside Community Center
Dear: Mr. Knox,
You are hereby authorized to commence work at the above referenced job site on
August 15 , 2000. Contract Documents are being prepared by JPM Corp. in the
amount of$ 13,300.00 for the Ceramic Tile, Painting and Flooring work listed below
per plans and specifications to include but not limited to:
Provide all labor, materials, tools and equipment necessary for:
Section 09300- Tile
Section 09650- Flooring
Section 09900- Painting
Addendums 1 & 2 acknowledged
All work is to be done in a timely manner with professional quality. Site is to be left clean
at the end of each day.
General Contractor reserves the right to purchase materials on behalf of subcontractor
with a deduction in subcontractors contract price.
Contract documents will be forwarded to your attention as quickly as possible. The
contract is contingent upon receipt of an executed W-9 form and original Certificate
of Insurance with coverage including both Workers' Compensation (NO Waiver) and
General Liability. Certificate should list JPM, Corp. as both certificate holder and
additionally insured.
Should you have any questions, please call my office
SAaewey
Joh
JPM, Corp.
CERTIFICATIONS
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT BLOCK GRANTS
PROJECT �V IUE-l�(`nt�0.AN1?V AOOrnw-J'«'NOVA-nw
Contractor NNSTOVQ CMZ 0-y-*'T `(` N C_o R waAroty
Address m 'i 11—r I CQ
-
,�.
Telephone b Fax o1 e1
Federal ID No.
Officers of Corporation
PresidentANS DN3
Vice President
Secretary 1 "if–L
Treasurer: (-'
If sole Owner or Partnership,list owners:
1. Bidder has participated in a previous contract or sybcontract 3. Bidder has filed all compliance re its under applicable
subject to the Equal Opportunity Clause._yes_no. If yes instructions including SF-100. cs_no. If no,explain in
identify most recent contract. detail on separate document
2. Compliance reports were required to be filed in connection
with such contract yes_no.
CERTIFICATIONS
I certify that I have read and understand the information regarding Clause;and, if so,whether they have filed all compliance reports
my obligations as a Contractor on a project funded by the United due under applicable instructions.
States Department of Housing and Urban Development,which is
contained in the Contract Provisions. 1 understand that, should I Where the certification indicates that the bidder has not filed a
have any question regarding my obligations, I will as soon as compliance report due under applicable instructions, such bidder
possible contact the fort worth fiscal Services shall be required to submit a compliance report within seven
Department/Intergovernmental Affairs and grants Management calendar days after bid opening. No contract shall be awarded
staff member who is assigned to monitor this Contract. unless such report is submitted.
I certify that at the time of execution neither my company nor my CERTIFICATION REGARDING LOBBYING
corporate officers are listed n the list of Debarred,Suspended,and
Ineligible Contractors maintained by the Department of Housing The undersigned certifies,to the best of his or her knowledge and
and Urban Development(HUD) belief,that:
I will not subcontract any work in connection with this project (1) No Federal appropriated funds have been paid or will
unless I first receive the prior written approval of the Fiscal be paid,by or will be paid,by or on behalf of the undersigned,to
Services Department, Intergovernmental Affairs and Grants any person for influencing or attempting to influence an officer or
Management Division of the city of Fort Worth. employee of any agency, a Member of Congress, an officer or
employee of Congress,or an employee of a Member of Congress
EQUAL EMPLOYMENT OPPORTUNITY in connection with the awarding of any Federal contract,the raking
of any Federal grant,the making of any Federal loan,the entering
It will be the policy of this firm to not discriminate against any into of any cooperative agreement, and the extension,
applicant for employment, or any employee, because of race, continuation,renewal,amendment,or modification of any Federal
creed,color,age,sex,or national origin.This firm will insure that contract,grant,loan or cooperative agreement.
this policy is continually enforced with regard to employment,
promotion, upgrading, demotion, transfer, recruitment, and (2) If any funds other than Federal appropriated funds have
recruitment advertising, lay off and termination, compensation,. been paid or will be paid to any person for influencing or
training,and working conditions. We will make it understood by attempting to influence an officer or employee of any agency, a
all with whom we deal, and in all our employment opportunity Member of Congress, an officer or employee of Congress, or an
announcements that the foregoing is our policy.All applicants and employee of a Member of Congress in connection with this Federal
employees will be judged solely on the basis of their skill,devotion contract, grant, loan, or cooperative agreement, the undersigned
loyalty,reliability and integrity. shall complete and submit Standard Form-III,'Disclosure Form to
Report Lobbying,"in accordance with its instructions.
This certification is required pursuant to Executive Order 11246
(30 CFR 12319-25). The implementing rules and regulations (3) The undersigned shall require that the language of this
provide that any bidder or prospective contractor,or any of their certification be included in the award documents for all subawards
proposed subcontractors,shall state as an initial part of the bid or at all tiers(including subcontracts,subgrants,and contracts under
negotiations of the Contract whether they have participated in any grants, loans, and cooperative agreements) and that all
previous contract or subcontract subject to the Equal Opportu ' ubr cipients rtify and disclose accordingly,
Signature:
Office(President or Vice President):
Date:
r
City of Fort Worth, Texas
Transportation/Public Works Department
Building Services Division/Architectural Services Section
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
SECTION A contractor In dividing the work among Subcontractors or
DEFINITIONS,PROCEDURES AND INTERPRETATIONS Trades.
A-1 CONTRACT DOCUMENTS. By the term Contract A-8 INTERPRETATIONS. The Architect will furnish
Documents is meant all of the written and drawn documents such Interpretations of the Plans and Specifications as may
setting forth or affecting the rights of the parties, including be necessary for the proper execution or progress of the
but not necessarily limited to, the Contract, Notice to work. Such Interpretations shall be furnished at the instance
Bidders, Proposal, General Conditions, Special Conditions, of the Architect or at the request of the Contractor,or Owner,
Specifications,Plans,Bonds and all Addenda,Amendments and will be issued with reasonable promptness and at such
signed by all parties,Change Orders,written Interpretations times and in accordance with such schedule as may be
and any written Field Order for a minor change in the Work. agreed upon. Such Interpretations shall be consistent with
the purposes and intent of the Plans and Specifications and
A-2 ENTIRE AGREEMENT. The Contract Documents may be effected by Field Order. In the event of any dispute
represent the entire agreement between the Parties,and no between any of the parties to the Contract and the Architect
prior or contemporaneous, oral or written agreements, or each other involving the interpretation of the Contract
instruments or negotiations shall be construed as altering the Documents,the evaluation of work or materials performed or
terms and effects of the Contract Documents. After being furnished by the Architect Contractor, or any subcontractor
executed,the Contract Documents can be changed only by or materialsman,or involving any question of fault or liability
a written Amendment signed by the Contractor and the of any party, the decision of the Owner shall be final and
Owner, or Change Order, or by a written Field Omer for a binding.
�- minor change.
In the event of inconsistency in the contract documents,the
A-3 WORK. By the term Work is meant all labor, following sequence for interpretation shall be used in order
supervision, materials and equipment necessary to be used of precedence:Change Orders and/or Field Orders(by date
or incorporated in order to produce the construction required of issuance); Addenda (by date of issuance); Drawings;
by Contract Documents. Notes and dimensions on Drawings; Technical
Specifications; Special Provisions; Supplementary General
A-4 EXECUTION OF THE CONTRACT Conditions;General Conditions;and,Construction Contract
DOCUMENTS. The Contract Documents shall be executed
in six originals, with all required attachments, including A-9 COPIES OF WORKING DRAWINGS AND,
required bonds and insurance certificates,by the Contractor SPECIFICATIONS. The Architect will furnish to Contractor
and the Owner in such form as may be prescribed by law free of charge 15 sets of working Drawings and 15 sets of
and returned to the Owner within ten business days of Specifications. Contractor shall pay the cost of reproduction
notification to Contractor. Failure to execute contracts and for all other copies of Drawings and Specifications fumished
provide required enclosures will be grounds for revocation of to him.
award and taking of Bid Bond.
All Drawings,Specifications and copies thereof furnished by
A-5 FAMILIARITY WITH PROPOSED WORK. Before the Owner of the Architect are and shall remain the property
filing a bid,the bidder shall examine carefully the proposal, of the Owner. They are not to be used on any other project
plans, specifications, special provisions, and the form of and,with the exception of one Contract set for each Party to
contract to be entered into for the work contemplated. He the Contract,are to be returned to the Owner on request at
shall examine the site of work and satisfy himself as to the the completion of the work.
conditions that will be encountered relating to the character,
quality and quantity of work to be performed and materials to A-10 MINORITY AND WOMENS BUSINESS
be furnished. The filing of a bid by the bidder shall be ENTERPRISE POLICY. The City of Fort Worth has goals
considered evidence that he has complied with these for the participation of disadvantaged business enterprises in
requirements and has accepted the site as suitable for the City contracts. Compliance with the policies designed to
work. meet these goals is mandatory in order to be considered a
responsive bidder. The City policy and procedures to be
Claims for additional compensation due to variations followed in submitting bids is included.
between conditions actually encountered in construction and
as indicated by the plans will not be allowed. The City of Fort Worth MWBE Program will take precedence
over other subcontractor utilization programs on Block Grant
A-6 ONE UNIFIED CONTRACT. Insofar as possible, and other Federally funded Projects.
the Contract Documents will be bound together and
executed as a single unified Contract, the Intention of the A-11 CORRELATION AND INTENT. In general, the
Contract Documents being to provide for all labor, drawings indicate dimension,locations,positions,quantities,
supervision,materials,equipment and other Items necessary and kinds of construction; the specifications indicate the
for the proper execution and completion of the Work. Words quality and construction procedures required. Work
that have well-recognized technical or trade meanings are Indicated on the drawings and not specified of vice-versa,
used herein in accordance with such recognized meanings. shall be furnished as though set forth in both. Work not
detailed, marked or specified shall be the same as similar
A-7 DIVISION OF WORK. The arrangement of parts that are detailed,marked or specified. If the drawings
Drawings and/or Specifications Into Divisions, Sections, are in conflict or conflict with the specifications the better
Articles,or other Subdivisions shall not be binding upon the quality or greater quantity or work or materials shall be
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estimated and shall be furnished or included. Dimensions a) Stop work under the Contract on the date and to
on drawings shall take precedence over small-scale the extent specified on the notice of termination.
drawings. Drawings showing locations of equipment,piping,
ductwork, electrical apparatus, etc., are diagrammatic and b) Place no further orders or subcontracts except as
job conditions may not allow installation in the exact location may be necessary for the completion of the work not
shown. Relocation shall not occur without the Architects terminated.
approval. "
c) Terminate all orders and subcontracts to the
A-12 AGE In accordance with the policy ("Policy") of extent that they relate to the performance of the work
the Executive Branch of the federal government, Contractor terminated by the notice of termination.
covenants that neither it nor any of its officers, members,
agents, employees, program participants or subcontractors, After termination as above,the City will pay the contractor a
while engaged in performing this contract, shall, in proportionate part of the contract price based on the work
connection with the employment,advancement or discharge completed; provided, however, that the amount of payment
of employees or in connection with the terms, conditions or on termination shall not exceed the total contract price as
privileges of their employment,discriminate against persons reduced by the portion thereof allocatable to the work not `
because of their age except on the basis of a bona fide completed and further reduced by the amount of payments,
occupational qualification, retirement plan or statutory if,any otherwise made. Contractor shall submit its claim for
requirement amounts due after termination as provided in this paragraph
within 30 days after receipt of such claim. In the event of
Contractor further covenants that neither it nor its officers, any dispute or controversy as to the propriety or allowability
members, agents, employees, subcontractors, program of all or any portion of such claim under this paragraph.such
participants,or persons acting on their behalf, shall specify, dispute or controversy shall be resolved and be decided by
in solicitations or advertisements for employees to work on the City Council of the City of Fort Worth, and the decision
this contract, a maximum age limit for such employment by the City Council of the City of Fort Worth shall be final
unless the specified maximum age limit is based upon a and binding upon all parties to this contract
bona fide occupational qualification, retirement plan or
statutory equipment. B-3 DUTIES OF THE ARCHITECT As used herein,
the term Architect means the Architect or his authorized
Contractor warrants it will fully comply with the Policy and representative. Nothing contained in these Contract
will defend, indemnify and hold City harmless against any Documents shall create any privily of Contract between the
claims or allegations asserted by third parties or subcontrac- Architect and the Contractor.
for against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above B-4 ARCHITECT AS REPRESENTATIVE OF THE
referenced Policy concerning age discrimination in the OWNER The Architect will provide general administration of
performance of this agreement the Contract on behalf of the Owner and will have authority
to act as the representative of the Owner to the extent
A-13 DISABILITY: In accordance with the provisions of provided in the Contract Documents unless changed in
the Americans With Disabilities Act of 1990 ('ADA"), writing by the Owner. The Architect will be available for
Contractor warrants that it and any and all of its conferences and consultations with the Owner or the
subcontractors will not unlawfully discriminate on the basis of Contractor at all reasonable times.
disability in the provision of services to the general public,
nor in the availability,terns and/or conditions of employment B-5 ACCESS TO JOB SITES. The Architect shall at
for applicants for employment with, or employees of all times have access to the Work whenever it is in
Contractor or any of its subcontractors. Contractor warrants preparation and progress. The Contractor shall provide
it will fully comply with ADA provisions and any other facilities for such access so the Architect may perform its
applicable federal,state and local laws concerning disability assigned functions under the Contract Documents.
and will defend, indemnify and hold City harmless against
any claims or allegations asserted by third parties or The Architect will make periodic visits to the Site to
subcontractors against City arising out of Contractor's and/or familiarize himself with the progress and quality of the work
its subcontractors' alleged failure to comply with the and to determine if the work is proceeding in accordance
above-referenced laws concerning disability discrimination in with the Contract documents. On the basis of on-site
the performance of this agreement. observations, the Architect will keep the Owner informed of
the progress of the Work and will endeavor to guard the
Owner against defects and deficiencies in the Work of the
Contractor. Based upon such observations and the
SECTION B Contractor's applications for payments, the Architect will
IDENTITY OF ARCHITECT make determinations and recommendations concerning the
amounts owing to the Contractor and will issue certificates _
B-1 CONTRACIADMINISTRATION. Where the tern for payment amounts.
"Architect"is used in the'General Conditions of the Contract
for Construction",it shall refer to the Director,Transportation B-6 INTERPRETATIONS. The Architect will be,in the
and Public Works or his designated Project Manager. The first instance,the interpreter of the requirements of the Plans
Director, Transportation will designate a Project Manager and Specifications and the judge of the performance
and Construction Manager to administer this contract and thereunder by the Contractor,subject to the final decision of
perform the functions of the "Architect" as indicated in the the Owner.
General Conditions. The design architect or engineer may
also be designated to perform the duties of"Architect". The Architect's decisions In matters relating to artistic effect
Will be final if consistent with the intent of the Contract
B-2 TERMINATION AND SUSPENSION OF WORK: Documents.
The Owner has the right to terminate the Project for any
reason. if the project is terminated,the Contractor shall: B-7 AUTHORITY TO STOP WORK. The Architect will
have authority to reject work that does not conform to the
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Plans and Specifications. In addition, whenever, in its Owner will cooperate with the Contractor in the prosecution
reasonable opinion, the Architect considers it necessary or of the Work in such manner and to such extent as may be
advisable in order to insure the proper realization of the reasonable and shall furnish information under its control
intent of the Plans and Specifications,the Architect will have with reasonable promptness at the request of the Contractor.
authority to require the Contractor to stop the Work or any
portion thereof, or to require special inspection or testing of C-3 INSTRUCTIONS. The Owner shall issue all
the Work whether or not such Work be then fabricated, instructions to the Contractor through the Architect.
installed or completed.
C-4 ACCESS TO JOB SITE. The Owner shall at all
B-8 MISCELLANEOUS DUTIES OF ARCHITECT. times have access to the Work whenever it is in preparation
and progress. The Contractor shall provide facilities for such
Shop Drawings. The Architect will review Shop Drawings access so the Owner may perform its assigned functions
and Samples as provided in Section D. Two copies of each under the Contract Documents.
approved Shop Drawing and submittal will be provided to the
Owner by the Architect. C-5 PROGRESS INSPECTIONS. The Owner and the
Architect will make visits to the Site to familiarize themselves
Change Orders, Change Orders and Field Orders for Minor with the progress and quality of the Work and to determine if
Changes in the Work will be issued by the Owner through the work is proceeding in accordance with the Contract
the Architect in accordance with the provisions of Section L. documents. On the basis of on-site observations and
reports provided by the Architect concerning the progress
Guarantees. The Architect will receive on behalf of the and quality of the work, the Owner will approve and
Owner all written guarantees and related documents authorize the Contractor's applications for payments.
required of the Contractor. Upon completion of the project
the Contractor shall provide the Architect five copies of each C-6 AUTHORITY TO STOP WORK. The Owner will
guarantee. The Architect will provide three copies of each have authority to reflect work that does not conform to the
guarantee to the Owner. Plans and Specifications. Whenever, in its reasonable
opinion, the Owner considers it necessary or advisable in
Inspections The Architect will conduct inspections for the order to insure the proper realization of the intent of the
purpose of determining and making his recommendations Plans and Specifications, the Owner will have authority to
concerning the dates of substantial completion and final require the Contractor to stop the. work or any portion
completion. thereof,or to require the Contractor to stop the Work or any
portion thereof, or to require special inspection or testing of
Operation and Maintenance Manuals The Architect will the Work whether or not such Work be then fabricated,
receive on behalf of the Owner, six copies of all applicable installed or completed.
equipment installation, operation, and maintenance
brochures and manuals required of the Contractor. The C-7 SUBSTANTIAL COMPLETION INSPECTION.
Architect will provide three copies of this information to the Upon agreement of the Contractor and Architect that the
Owner. Work is substantially complete, the Owner will schedule a
Substantial Completion Inspection to be conducted by the
B-9 TERMINATION OF THE ARCHITECT. In case of Architect and attended by representatives of the Architect,
the termination of the employment of the Architect by the Owner and Contractor.Items identified during this inspection
Owner, the Owner shall either assume the duties of the as being incomplete, defective or deficient shall be
Architect through the Director of the Department of incorporated into a punch list to be prepared by the Architect
Transportation and Public Works, or shall appoint a and attached to the AIA document G704, which is to be
successor Architect against whom the Contractor makes no prepared and signed by the Contractor, and accepted,
reasonable objection. approved and signed by the Owner.
SECTION C C-8 RIGHT TO AUDIT:
OWNER
Contractor agrees that the City shall, until the expiration of
C4 IDENTIFICATION. By the term Owner is meant three years after final payment under this contract, have
the City of Fort Worth acting herein by its duly authorized access to and the right to examine any directly pertinent
representatives in the manner provided by law. Authorized books, documents, papers and records of the contractor
representatives include the City Manager, Assistant City involving transactions relating to this contract
Manager, the Director and of Transportation and Public
Works Department and members of the Building Services Contractor further agrees to include in all his subcontracts
Division. Generally speaking a designated representative hereunder a provision to the effect that the subcontractor
will be identified from within the Building Services Division to agrees that the City shall, until the expiration of three years
act as a point of contact for day to day contract after final payment under the subcontract, have access to
administration. and the right to examine any directly pertinent books,
documents, papers and records of such subcontractor,
C-2 DUTIES OF THE OWNER. The Owner shall involving transactions to the subcontract The term
furnish surveys describing the physical characteristics, legal 'subcontract as used herein includes purchase orders.
limits and utility locations for the site of the Work; provided,
however, that the Contractor hereby covenants that he has Contractor agrees to photocopy such documents as may be
inspected the premises and familiarized himself therewith requested by the city. The city agrees to reimburse
and that the locations of utilities and other obstacles to the Contractor for the costs of copies at the rate published in the
prosecution of the Work as shown on the Owner's survey Texas Administrative Code.
are for information only, are not binding upon the Owner,
and the Owner shall not incur any liability for loss or damage
by virtue of any inaccuracies or deficiencies In such surveys. SECTION D
The Owner shall secure and pay for title to the site and all CONTRACTOR
necessary permanent or construction easements. The
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D-1 IDENTIFICATION. The Contractor is the person faults and defects, and in conformance with the Contract
or organization identified as such in the ContracL The term Documents. All work not so conforming to these standards
Contractor means the Contractor or his authorized may be considered defective. If required by the Architect or
representative. the Owner,the Contractor shall furnish satisfactory evidence
as to the kind and quality of materials and equipment.
D-2 INDEPENDENT CONTRACTOR Contractor shall
perform all work and services hereunder as an independent The warranty provided in this Section shall be in addition to
contractor,not as an officer,agent,or employee of the City. and not in limitation of any other warranty or remedy
Contractor shall have exclusive control of and the exclusive provided by law or the Contract Documents.
right to control the details of the work and services
performed hereunder,and all persons performing same,and 0-9 TAXES. The Contractor is exempt from State _
Contractor shall be solely responsible for the acts and Sales Tax on material incorporated into the finished
omissions of its officers,agents,and employees. Nothing construction,Excise and Use Tax.
herein shall be construed as creating a partnership or joint
enterprise between City and the Contractor, its officers, D-10 LICENSES. NOTICES AND FEES. The
agents and employees, and the doctrine of respondeat Contractor shall obtain all Permits, Licenses, Certificates,
superior shall not apply. and Inspections, whether permanent or temporary, required
by law or these Contract Documents.
D2 SUBLETTING it is further agreed that the
performance of this Contract,either in whole or in part,shall The Contractor shall give all Notices and comply with all
not be sublet or assigned to anyone else by said Contractor Laws, Ordinances, Rules, Regulations and Orders of any
without the written consent of the Director of Transportation public authority bearing on the performance of the Work. If
and Public Works of the City of Fort Worth. the Contractor observes or becomes aware that bearing on
the performance of the Work. If the Contractor observes or
D-4 REVIEW OF CONTRACT DOCUMENTS. The becomes aware that any of the Contract Documents are at
Contractor shall carefully study and compare the Agreement, variance therewith in any respect, he shall promptly notify
Conditions of the Contract, Drawings, Specifications, the Architect in writing and any necessary changes will be
Addenda and modifications and shall at once report to the made.If the Contractor performs any Work knowing that it is
Owner and to the Architect any error, Inconsistency or in violation of, or contrary to, any of such Laws, Statutes, -
omission he may discover.The Contractor shall do no work Charter, Ordinances. Orders or Directives, or Regulations
without Drawings,Specifications and Interpretations. without furnishing Notice to the Architect, the Contractor will
assume full responsibility therefor and bear all costs
D-5 SUPERVISION. The Contractor shall supervise attributable thereto.
and direct the Work, using his best skill and attention. He
shall be solely responsible for all construction means, D-11 CASH ALLOWANCES. The Contractor shall
methods, techniques, sequences and procedures and for include in the Contract Sum all allowances stated in the
coordinating all portions of the Work under the Contract Contract Documents. These allowances shall cover the net
Documents. cost of the materials and equipment delivered and unloaded
at the site, and all applicable taxes. The Contractor's
D-6 LABOR AND MATERIALS. Unless otherwise handling costs on the site,labor,installation costs,overhead,
specifically noted,the Contractor shall provide and pay for all profit and other expenses contemplated for the original
labor, materials, equipment, tools, construction equipment allowance shall be included in the Contractor Sum and not in
and machinery,water,heat,utilities,transportation and other the allowance.The Contractor shall cause the Work covered
facilities and services necessary for the proper execution by these allowances to be performed for such amounts and
and completion of the Work. by such persons as the Architect may direct, but he will not
be required to employ persons against whom he makes a
The successful low bidder will use its reasonable best efforts reasonable objection. If the cost,when determined, is more
to hire local laborers, workmen and materialmen. The than or less than the allowance, the Contract Sum shall be
general condition is not to be constructed as limiting the right adjusted accordingly by Change Order which will include
of any bidder to employee laborers,workmen or materialmen additional handling costs on the site,labor,installation costs,
from outside local area. field overhead, profit and other direct expenses resulting to
the Contractor from any increase over the original allowance.
The Contractor shall at all times enforce strict discipline and
good order among his employees, and shall not employ on D-12 SUPERINTENDENT. The Contractor shall
the Work any unfit person or anyone not skilled in the task employ a competent superintendent and necessary
assigned to him. assistants who shall be in attendance at the Project site
during the progress of the Work.The superintendent shall be
D-7 PREVAILING WAGE RATE. The Contractor satisfactory to the Contractor and the Owner. The
agrees to pay not less than the general prevailing rate of per superintendent shall represent the Contractor and all
diem wages for Work of a similar character in the locality in communications given to the superintendent shall be binding
which the Work is performed, and not less than the general as if given to the Contractor. Important communications will
prevailing wage of per diem wages for a legal holiday and be confirmed in writing. Other communications will be so
overtime work to all laborers, workmen and mechanics confirmed on written request In each case.
employed on the Work under this Contract The Contractor
agrees to pay at least the minimum wage per hour for all D-13 RESPONSIBILITIES FOR EMPLOYEES AND
labor as the same Is classified and set out by the City of Fort SUB-CONTRACTORS. The Contractor shall be responsible
Worth,Texas,a copy of which is attached hereto and made to the Owner for the acts and omissions of all his employees
a part hereof the same as if it were copies verbatim herein. and all Sub-contractors,their agents and employees,and all -
other persons performing any of the Work under a contract
D-8 WARRANTY. The Contractor warrants to the with the Contractor.
Owner and the Architect that all materials and equipment
furnished under this Contract will be new unless otherwise D-14 Fl91LURE TO COMMENCE WORK: Should the
specified,and that all work will be of good quality,free from Contractor fail to begin the work herein provided for within
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the time herein fixed or to carry on and complete the same a separate item shall not indicate approval of an assembly in
according to the true meaning of the intent and terms of said which the item functions.
Plans, Specifications and Contract Documents, then the
Owner shall have the right to either demand the surety to The Architect will review and approve Shop Drawings and
take over the work and complete same in accordance with Samples with reasonable promptness so as to cause no
the Contract Documents or to take charge of and complete delay, but only for conformance with the design concept of
the work in such a manner as it may deem proper,and if.in the Project and with the information given in the Contract
the completion thereof, the cost to the said City shall Documents.The Architect's approval of a separate item shall
exceed the contract price or prices set forth in the said plans not indicate approval of an assembly in which the item
and specifications made a part hereof,the Contractor and/or functions.
Its Surety shall pay said City on demand in writing, setting
forth and specifying an itemized statement of the total cost The Contractor shall make any corrections required by-the
thereof,said excess cost Architect and shall resubmit the required number of
corrected copies of Shop Drawings or new Samples until
D-15 PROGRESS SCHEDULE. The Contractor, approved. The Contractor shall direct specific attention in
immediately after being awarded the contract, shall prepare writing or on resubmitted Shop Drawings to revisions other
and submit for the Architect's approval, an estimated than the corrections requested by the Architect on previous
progress schedule for the Work.The progress schedule shall submissions.
be related to the entire Project.This schedule shall indicate
the dates for the starting and completion of the various The Architect's approval of Shop Drawings or Samples shall
states of construction and shall be revised as required by the not relieve the Contractor of responsibility for any deviation
conditions of the Work,subject to the Architect's approval. It from the requirements of the Contract Documents unless the
shall also indicate the dates for submission and approval of Contractor has informed the Architect in writing of such
shop drawings and submittals as well as the delivery deviation at the time of submission and the Architect has
schedule for major pieces of equipment and/or materials. given written approval to the specific deviation. Architect's
approval shall not relieve the Contractor from responsibility
The progress schedule shall be updated at least monthly by for errors or omissions in the Shop Drawings or Samples.
the contractor and submitted to the Architect for approval
with the Contractor's monthly progress payment requests. No portion of the Work requiring a Shop Drawing or Sample
submission shall be commenced until the Architect has
D-16 DRAWINGS AND SPECIFICATIONS AT THE approved the submittal. All such portions of the Work shall
SITE. The Contractor shall maintain at the site for the be in accordance with approved Shop Drawings and
Owner one copy of all Drawings, Specifications, Addenda, Samples.
approved Shop Drawings, Change Orders, and other
Changes and Amendments in good order and marked to D-18 SITE USE. The Contractor shall confine
record all changes made during construction. These shall operations at the site to areas permitted by law,ordinances,
also be available to the Architect The Drawings,marked to permits and the Contract Documents and shall not
record all changes made during construction, shall be unreasonably encumber the site with any materials or
delivered to the Architect upon completion of the Work, and equipment.Until acceptance of the work by the City Council
the Architect will prepare, and provide to the Owner, one of the City of Fort Worth,the entire site of the Work shall be
complete set of reproducible record drawings of the work. under the exclusive control, care and responsibility of the
Contractor. Contractor shall take every precaution against
D47 SHOP DRAWINGS AND SAMPLES. Shop injury or damage to persons or property by the action of the
Drawings are drawings, diagrams, illustrations, schedules, elements or from any other cause whatsoever. The
performance charts, brochures and other data which are Contractor shall rebuild,repair,restore and make good at his
prepared by the Contractor or any Subcontractor, own expenses all injuries or damages to any portions of the
manufacturer, supplier or distributor, and which illustrate Work occasioned by any of the above, caused before
some portion of the Work. acceptance.
Samples are physical examples furnished by the Contractor D-19 SAFE WORK PRACTICES. The Contractor shall
to illustrate materials, equipment or workmanship, and to employ safe practices in handling materials and equipment
establish standards by which the Work will be judged. used in performing required work so as to insure the safety
of his workmen, City employees and the public. The
The Contractor shall review, stamp with his approval and Contractor shall keep the premise free at all times from
submit,with reasonable promptness and in orderly sequence accumulation of waste materials or rubbish. At the
so as to cause no delay in the Work or in the work of any completion of the work, the Contractor shall remove all his
other contractor,nominally within the first 90 days of the work, wastes and rubbish from and about the work area,as well as
six copies of all shop Drawings and Samples required by the his tools, equipment and surplus materials and shall leave
Contract Documents or subsequently by the Architect as the area as clean and free of spot,stains,etc.,as before the
covered by changes or amendments. Shop Drawings and work was undertaken.
Samples shall be properly identified as specified, or as the
Architect may require. At the time of submission the D-20 FIELD OFFICES AND SHEDS The Contractor is
Contractor shall inform the Architect in writing of any not required to provide a temporary field office or telephone
deviation in the Shop Drawings or Samples from the for projects under $500,000. Contractor shall equip the
requirements of the Contract Documents. Project Superintendent with a pager and provide 24-hour
contacts to the City.
By approving and submitting Shop Drawings and Samples,
the Contractor thereby represents that he has determined D-21 TRENCH SAFETY The Contractor shall be
and verified all field measurements, field construction responsible for all design and implementation of trench
criteria, materials, catalog numbers and similar data, and shoring and stabilization to meet regulatory requirements. If
that he has checked and coordinated each shop drawing the Proposal requires,the Contractor shall include a per unit
given in the Contract Documents.The Architect's approval of cost for trench safety measures in his bid. If not included in
the Proposal, the Contractor shall include a cost for trench
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safety measures for all trenches over 5 feet in depth in his person or organization on such list, the Contractor shall
Schedule of Values. provide an acceptable substitute.
D-22 CUTTING AND PATCHING OF WORK. The The Contractor shall not make any substitution for any
Contractor shall do all cutting,fitting or patching of his Work Subcontractor or person or organization that has been
that may required to make its several parts fit together accepted by the Owner and the Architect, unless the
properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the
excavating or otherwise altering the Work or any part of it. Architect.
D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work
the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be
rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the
his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate
as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which
and surplus materials,and shall clean all glass surfaces and shall contain provisions that:
leave the Work 'Broom-dean" or its equivalent, except at
otherwise specified. In addition to removal of rubbish and 1, preserve and protect the rights of the Owner and the
leaving the buildings "broom-dean", Contractor shall clean Architect under the Contract with respect to the Work to
all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the
marks and dirt from decorated work, clean hardware, subcontracting thereof will not prejudice such rights;
remove paint spots and smears from all surfaces, clean
fixtures and wash all concrete,tile and terrazzo floors. 2• require that such Work be performed in accordance
with the requirements of the Contract Documents;
If the Contractor fails to clean up,the Owner may do so,and 3. require submission to the Contractor of applications for
the cost thereof shall be charged to the Contractor. payment under each subcontract to which the
D-24 COMMUNICATIONS. As a general rote, the Contractor is a party, in reasonable time to enable the
Contractor shall forward all communications to the Owner Contractor to apply for payment;
through the Architect, and in all other instances the 4. require that all claims for additional costs,extensions of r-
Contractor shall furnish the Architect a copy of any time, damages for delays or otherwise with respect to
communication sent directly to the Owner. subcontracted portions of the Work shall be submitted
to the Contractor (via any Subcontractor or Sub-
SECTION E subcontractor where appropriate) in the manner
SUBCONTRACTORS provided in the Contract Documents for like claims by
the Contractor upon the Owner;
E-1 DEFINITION. A Subcontractor is a person or the contracting waive arights organization who has a direct contract with the Contractor to 5. 9 g parties may have
perform any of the Work at the site.The term Subcontractor against one another for damages caused by fire or
is referred to throughout the Contract Documents as if other perils covered by the property insurance, except
singular in number and masculine in gender and means a such rights, if any, as they may have to proceeds of
Subcontractor or his authorized representative. such insurance held by the Owner,and,
Nothing contained in the Contract, Documents shall create 6. obligate each Subcontractor specifically to consent to
any contractual relation between the Owner and the the Provisions of this Section
Architect and any subcontractor or any of his sub- All of the provisions set out in this section shall be deemed
subcontractors or materialmen. to have been included in every subcontract, and every
subcontract shall be so construed and applied as to the
E-2 AWARD OF SUBCONTRACTS. The bidder shall Owner and the Architect,whether or not such provisions are
furnish a list of the names of the subcontractors or other physically included in the sub-contract.
persons or organizations(including those who are to furnish
materials or equipment fabricated to a special design) E-4 MINORITY AND WOMENS BUSINESS
proposed for such portions of the Work as may be ENTERPRISE rMMBE). Should the base bid be less than
designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply.
designated In the bidding requirements, the names of the
Subcontractors proposed for the principal portions of the In accordance with City of Fort Worth Ordinance No 11923,
Work. Prior to the award of the Contract, the Architect shall the City of Fort Worth sets goals for the participation of
notify the successful bidder in writing if either the Owner or minority business enterprises and women business
Architect, after due investigation, has reasonable objection enterprises in City contracts. Ordinance No 11923 is
to any person or organization on such list. Failure of the incorporated in these Specifications by reference.A copy of _
Owner and Architect to make an objection to any person or the Ordinance may be obtained from the Office of the City
organization on the list prior to the award of this Contract Secretary. Failure to comply with the Ordinance shall be a
shall not constitute acceptance of such person or material breach of contract.
organization.
The M/WBE UTILIZATION FORM,M/WBE GOALS WAIVER
If,prior to the award of the Contract,the Owner or Architect FORM and GOOD FAITH EFFORT FORM, as applicable,
has an objective to any person or organization on such list, must be submitted within five city business days after bid
and refuses to accept such person or organization, the opening. Failure to submit the post bid information shall
apparent low bidder may,prior to the award,withdraw his bid render the bid non-responsive.
without forfeiture of bid security. If such bidder submits an
acceptable substitute, the Owner may, at its discretion, The City will consider the contractor's performance on other
accept the bid or he may disqualify the bid. If, after the City Projects regarding its M/WBE program in the evaluation
award, the Owner or Architect objects in writing to any of bids.Failure to comply with the City's M/WBE program,or
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to demonstrate a "good faith effort", shall result in a bid
being considered irresponsible. 4. Default by the M/WBE subcontractor or supplier in the
performance of the subcontract.
Upon request, Contractor must provide the City with
complete and accurate information regarding actual work Other reasons at the discretion of the M/WBE Coordinator
performed by a Minority or Women Business Enterprise
(M/WBE) on the contract and proof of payment thereof. Within ten days after final payment from the City the
Contractor further agrees to permit an audit and/or contractor shall provide the M/WBE Office with
examination of any books, records or files in it's possession documentation to reflect final participation of each M/WBE
that will substantiate the actual work performed by an W subcontractor and supplier used on the project.
WBE. The misrepresentation of acts(other than a negligent
misrepresentation) and/or the commission of fraud by the E-5 PAYMENTS TO SUBCONTRACTORS. The
Contractor will be grounds for termination of the contract Contractor shall pay each Subcontractor, upon receipt of
and/or initiating action under appropriate federal, state, or payment from the Owner, an amount equal to the
local laws or ordinances relating to false statement. Further percentage of completion allowed to the Contractor on
any such misrepresentation (other than a negligent account of such Subcontractor's Work.The Contractor shall
misrepresentation)and/or commission of fraud will result on also require each Subcontractor to make similar payments to
the Contractor being determined to be irresponsible and his subcontractors.
barred from participating in City work for a period of time of
not less than three years. If the Architect refuses to issue a Certificate for Payment for
any cause which is the fault of the Contractor and not the
Contractor shall provide copies of subcontracts or cosigned fault of a particular subcontractor, the Contractor shall pay
letters of intent with approved M/WBE subcontractors prior to that Subcontractor on demand, made at any time after the
issuance of the Notice to Proceed. Contractor shall also Certificate for Payment would otherwise have been issued,
provide monthly reports on utilization of the subcontractors for his Work to the extent completed, less the retained
to the Construction Manager. percentage.
The Contractor may count first and second tier The Contractor shall pay each Subcontractor a just share of
subcontractors and/or suppliers toward meeting the goals. any insurance monies received by the Contractor, and he
The Contractor may count toward its goal a portion of the shall require each Subcontractor to make similar payments
total dollar amount of the contract with a joint venture equal to his Subcontractors.
to the percentage of the M/WBE participation in the joint
venture for a dearly defined portion of the work to be The Architect may,on request and at its discretion,furnish to
performed. All subcontractors used in meeting the goals any Subcontractor, If practicable, information regarding
must be certified prior to the award of the Contract. percentages of completion certified to the Contractor on
account of Work done by such Subcontractors.
Whenever a change order affects the work of an M/WBE
subcontractor or supplier, the M/WBE shall be given an Neither the Owner nor the Architect shall have any obligation
opportunity to perform the work. Whenever a change order to pay or to see to the payment of any monies to any
is in excess of 10% of the original contract, the M/WBE Subcontractor.
coordinator shall determine the goals applicable to the work
to be performed under the change order. SECTION F
SEPARATE CONTRACTS
During the term of the contract the contractor shall:
F-1 OWNER'S RIGHT. The Owner reserves the right
1. Make no unjustified changes of deletions in it's M/WBE to award separate contracts in connection with other portions
participation commitments submitted with or of the Work. When separate contract are awarded for other
subsequent to the bid,and, portions of the Work, 'the Contractor" in the Contract
Documents in each case shall be the contractor who signs
2. If substantial subcontracting and/or substantial supplier each separate contract.
opportunities arise during the term of the contract which
the contractor had represented he would perform with F-2 MUTUAL RESPONSIBILITY OF
his forces, the contractor shall notify the City before CONTRACTORS. The Contractor shall afford other
subcontracts or purchase orders are let, and shall be contractors reasonable opportunity for the introduction and
required to comply with modifications to goals as storage of their materials and equipment and the execution
determined by the City,and, of their work,and shall properly connect and coordinate his
work with theirs.
3. Submit a REQUEST FOR APPROVAL OF CHANGE
FORM,if the contractor desires to change or delete any If any part of the Contractor's Work depends for proper
of the M/WBE subcontractors or suppliers. execution or results upon the work of any other separate
contractor, the Contractor shall inspect and promptly report
Justification for change may be granted for the following: to the Architect any apparent discrepancies or defects in
such work that render it unsuitable for such proper execution
1. Failure of subcontractor to provide evidence of and results. Failure of the Contractor to inspect and report
coverage by Workers'Compensation Insurance shall constitute an acceptance of the other contractor's work
as fit and proper to receive his Work, except as to defects
2. Failure of subcontractor to provide required general which may develop in the other separate contractor's work
liability or other insurance. after the execution of the Contractor's Work.
3. Failure of subcontractor to execute a standard Should the Contractor cause damage to the work or property
subcontract form in the amount of the proposal used by of any separate contractor on the site, the Contractor shall,
the Contractor in preparing his M/WBE Participation upon due notice, settle with such other contractor by
plan agreement, if he will so settle. If such separate contractor
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• sues the Owner on account of any damage alleged to have submit a copy of updated schedule to the Construction
been so sustained, the Owner shall notify the Contractor manager weekly. Building, plumbing, electrical and
who shall defend against such suit at the Contractor's mechanical building permits are issued without charge.
expense, and if any judgment against the Owner arises Water and sewer access fees will be paid by the City. Any
therefrom,the Contractor shaA pay or satisfy such judgment other permit fees are the responsibility of the Contractor.
and shall reimburse the Owner for all attorney's fees, court
costs and expenses which the Owner has incurred in G-5 INDEMNIFICATION: Contractor covenants and
connection with such suit. agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole negligence.
F-3 CUTTING AND PATCHING UNDER SEPARATE In addition, Contractor covenants and agrees to indemnify,
CONTRACTS. The Contractor shall do all cutting,fitting or hold harmless and defend, at its own expense, the Owner,
patching of his Work that may be required to fit it to receive its officers, servants and employees, from and against any
or be received by the work of other contractors shown in the and all claims or suits for property loss, property damage,
Contract Documents.The Contractor shall not endanger any personal Injury, including death, arising out of, or alleged to
work or any other contractors by cutting, excavating or arise out of, the work and services to be performed
otherwise altering any work and shall not cut or alter the hereunder by Contractor, its officers, agents, employees,
work of any other contractor except with the written consent subcontractors, licensees or invitees, whether or not any
of the Architect such InjuoG damage or death is caused. In whole or In
part, by the negligence or alleged negligence of Owner.
Any costs caused by defective or ill-timed work shall be its officers, servants, or employees. Contractor likewise -
bome by the party responsible therefor. covenants and agrees to indemnify and hold harmless the
Owner from and against any and all injuries to Owner's
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute officers, servants and employees and any damage, loss or
arises between the separate contractors as to their destruction to property of the Owner arising from the _
responsibility for cleaning up, the Owner may clean up and performance of any of the terms and conditions of this
charge the cost thereof to the several contractors as the Contract, whether or not any such injury or damage is
Director of the Department of Transportation and Public caused in whole or in part by the negligence or alleged
Works shall determine to be just negligence of Ownen its officers. servants or
employees.
SECTION G
MISCELLANEOUS PROVISIONS In the event Owner receives a written claim for damages
against the Contractor or its subcontractors prior to final
G-1 CONFLICT OF LAWS. The law of the place payment, final payment shall not be made until Contractor
where the site is located shall govern the Contract. The either (a) submits to Owner satisfactory evidence that the
Contractor must familiarize himself and strictly comply with claim has been settled and/or a release from the claimant
all Federal, State, and County and City Laws, Statutes, involved, or (b) provides Owner with a letter from
Charter, Ordinances, Regulations, or Directives controlling Contractor's liability insurance carrier that the claim has
the action or operation of those engaged upon the work been referred to the insurance carrier.
affecting the materials used. He shall Indemnify and save
harmless the City and all of its officers and agents against The Director may, if he deems it appropriate, refuse to
any claim or liability arising from or based on the violation of accept bids on other City of Fort Worth public work from a
any such Laws,Statutes, Charter, Ordinances, Regulations, Contractor against whom a claim for damages is outstanding
or Directives, whether by himself, his employees, agents or as a result of work performed under a City Contract.
subcontractors.
G-6 SUCCESSORS AND ASSIGNS. Except as
G-2 GOVERNING LAWS. It is mutually agreed and provided in Paragraph E-2, this contract shall be binding r
understood that this agreement is made and entered into by upon and insure to the benefit of the parties hereto, their
the parties hereto with reference to the existing Charter and Successors or Assigns.Contractor shall not assign or sublet
Ordinances of the City of Fort Worth and the laws of the all or any part of this Contract or his rights or duties
State of Texas with reference to and governing all matters hereunder without the prior written consent of the Owner.
affecting this Contract, and the Contractor agrees to fully Any such purported assignment or subletting without the
comply with all the provisions of the same. prior written consent of Owner shall be void.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. G-7 WRITTEN NOTICE. Written Notice shall be
In performing their duties under the Statutes of the State of deemed to have been duly served if delivered in person to
Texas and the Charter and Ordinances of the City of Fort the individual or member of the firm or to an officer of the
Worth in connection with this Contract,or in exercising any corporation for whom it was intended, or if delivered at or
of the powers granted the Owner herein,the officers,agents sent by registered or certified mail to the last business
and employees of the City of Fort Worth are engaged in the address known to him who gives the notice.
performance of a governmental function and shall not incur
any personal liability by virtue of such performance G-8 SURETY BONDS: Surety Bonds are required on
hereunder,except for gross negligence or willful wrong. all City contracts in excess of $25,000. The Contractor
agrees, on the submittal of his Proposal to make, execute
G-4 COMPLIANCE WITH LAWS. Contractor agrees and deliver to said City of Fort Worth good and sufficient
the comply with all laws, Federal, state and local, including surety bonds for the faithful performance of the terms and
all ordinances, rules and regulations of the City of Fort stipulations of the Contract and for the payment to all
Worth, Texas. Materials incorporated into the finished claimants for labor and/or materials furnished in the
Project are not subject to State Sales Tax. prosecution of the work,such bonds being as provided and
required in Article 5160 of the Revised Civil Statutes of
Contractors are responsible for obtaining construction Texas, as amended, in the form included in the Contract
permits from the governing agencies. Contractor shall Documents,and such bonds shall be 100 percent of the total
schedule all code inspections with the Code Inspection contract price, and the said surety shall be a surety
Division in accordance with the permit requirements and company duly and legally authorized to do business in the
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State of Texas,and acceptable to the City Council of the City shall bear all costs thereof, including the Architect's
of Fort Worth. additional services made necessary by such costs;
otherwise the Owner shall bear such costs, and an
Bonds shall be made on the fors furnished by or otherwise appropriate Change Order shall be Issued.
acceptable to the City. Each bond shall be properly
executed by both the Contractor and the Surety Company. The Contractor shall secure certificate of inspection, testing
Bonds required by the City shall be in compliance with all or approval, and three copies will be promptly delivered by
relevant local,state and federal statutes. him to the Architect.The Architect will review the certificates
and forward one copy of each with his recommendation(s)to
To be an acceptable surety on the bond the name of the the Owner.
surety should be included on the current U.S.Treasury List
of Acceptable Securities [Circular 5701, and must be If the Architect or Owner wish to observe the Inspections,
authorized to do business in Texas. Sureties not listed in tests or approvals required by this Section, they will do so
Circular 570 may write performance and payment bonds on promptly and,where practicable,at the source of supply.
a project without reinsurance to the limit of 10 percent of its
capital and surplus. Such a surety must reinsure any Neither the observations of the Architect or the Owner in
obligation over 10 percent The amount in excess of 10 their administration of the Construction Contract, nor
percent must be reinsured by reinsurers who are duly inspections, tests or approvals by persons other than the
authorized, accredited, or trusteed to do business in the Contractor shall relieve the Contractor from his obligations to
State of Texas. perform the Work in accordance with the Contract
Documents.
Should any surety for the contracted project be determined
unsatisfactory at any time during same,the Contractor shall G-12 INTERRUPTION OF EXISTING UTILITIES
Immediately provide a new surety bond satisfactory to the SERVICES. The Contractor shall perform the work under
City. this Contract with a minimum of outage time for all utilities.
Interruption shall be by approved sections of the utility. In
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. some cases, the Contractor may be required to perform the
If the Contractor defaults or neglects to carry out the Work in work while the existing utility is in service.The existing utility
accordance with the Contract Documents or fails to perform service may be interrupted only when approved by the
any provision of the Contract, the Owner may, without Owner.When it is necessary to interrupt the existing utilities,
prejudice to any other remedy he may have, enter the site the Contractor shall notify the Owner in writing at least ten
and make good such deficiencies. In such case an days in advance of the time that he desires the existing
appropriate Change Order shall be issued deducting from service to be Interrupted.The interruption time shall be kept
the payments then or thereafter due the Contractor the cost to a minimum. Depending upon the activities at an existing
of correcting such deficiencies, including the cost of the facility that requires continuous service from the existing
Architect's additional services made necessary by such utility, an interruption may not be subject to schedule at the
default,neglect or failure. If the payments then or thereafter time desired by the Contractor. In such cases, the
due the Contractor are not sufficient to cover such amount, interruption may have to be scheduled at a time of minimum
the Contract shall pay the difference to the Owner. requirements of demand for the utility. The amount of time
requested by the Contractor of existing utility services shall
G-10 ROYALTIES AND PATENTS. The Contractor be as approved by the Owner.
shall pay all royalties and license fees. He shall defend all
suits or claims for infringement of any patent rights and shall G-13 LAYING OUT WORK. The Contractor shall verify
save the Owner harmless from loss on account thereof and dimensions and elevations indicated in layout of existing
shall be responsible for all such loss when a particular work. Discrepancies between Drawings, Specifications, and
design, process or the product of a particular manufacturer existing conditions shall be referred to Architect for
or manufacturers is specified;however,if the Contractor has adjustment before work affected is performed. Failure to
reason to believe that the design, process or product make such notification shall place responsibility upon
specified is an infringement of a patent, he shall be Contractor to cant' out work in satisfactory workmanlike
responsible for such loss unless he promptly gives such manner at the Contractor's sole expense.
information to Architect
The Contractor shall be held responsible for the location and
G-11 TESTS. If the Contract Documents, Laws, elevation of all the construction contemplated by the
Ordinances, Rules, Regulations or Orders of any public Construction Documents.
authority having jurisdiction require any Work to be
inspected,tested or approved, the Contractor shall give the Prior to commencing work, the Contractor shall carefully
Architect timely notice of its readiness and the date arranged compare and check all Architectural, Structural, Mechanical
so the Architect may observe such Inspection, testing or an Electrical drawings;each with the other that in any affects
approval.The Owner shall bear all costs of such inspection, the locations or elevation of the work to be executed by him,
tests and approvals unless otherwise provided. and should any discrepancy be found, he shall immediately
report the same to the Architect for verification and
If after the commencement of the Work, the Owner or adjustment. Any duplication of work made necessary by
Architect determine that any Work requires special failure or neglect on his part to comply with this function shall
inspection, testing or approval not included above, the be done at the contractors sole expense.
Owner or the Architect, upon written authorization from the
Owner, will instruct the Contractor to order such special G-14 MEASUREMENTS: Before ordering any material
Inspection,testing or approval,and the Contractor shall give or doing any work, the Contractor shall verify all
notice as required in the preceding paragraph. If such measurements at the site or at the building and shall be
special inspection or testing reveals a failure of the Work to wholly responsible for the correctness of same. No extra
comply(1)with the requirements of the Contract Documents charge or compensation will be allowed on account of any
or (2) with respect to the performance of the work, with difference between actual dimensions and dimensions
Laws, Statutes,Charter, Ordinances, Regulations or Orders indicated on the drawings. Any difference which may be
"- of any public authority having jurisdiction, the Contractor
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found shall be submitted to the Architect for consideration attention immediately and the relocation determined in a joint
and adjustment before proceeding with the project. conference. The Contractor will be held responsible for the
relocating of any Items without first obtaining the Architect's
G-15 EXISTING OVERHEAD OR UNDERGROUND approval. He shall remove and relocate such items at his
WORK. The Contractor shall carefully check the site where own expense If so directed by the Architect.Where possible
the project is to be erected and observe any existing uniform margins are to be maintained between parallel lines
overhead wires and equipment. Any such work shall be and or adjacent wall,floor or ceiling surfaces.
moved, replaced or protected, as required, whether or no
shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be
responsible for loading of any part or parts of structures
Attention is directed to the possible existence of pipe and beyond their safe carying capacities by placing of materials,
other underground improvements that may or may not be equipment, tools, machinery or any other item thereon.-No
shown on the Drawings.All reasonable precautions shall be loads shall be placed on floors or roofs before they have
taken to preserve and protect any such improvements attained their permanent and safe strength.
whether or not shown on the Drawings.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it T
Location of existing underground lines,shown the Drawings is required in the Specifications that materials, products,
are based on the best available sources, but are to be processes, equipment, or the like be installed or applied in
regarded as approximate only. Exercise extreme care in accordance with manufacturer's instructions, direction or
locating and identifying these lines before excavation in specifications,or words to this effect,it shall be construed to
adjacent areas. mean that said application or installation shall be in strict
accordance with printed instructions furnished by the
G-16 ALIGNMENT OF JOINTS IN FINISH manufacturer of the material concerned for use under
MATERIALS. It shall be the responsibility of the Contractor conditions similar or those at the job site.Six copies of such
to make certain in the Installation of jointed floor, wall and instructions shall be furnished to the Architect and his
ceiling materials that: approval thereof obtained before work is begun.
1. preserve and protect the rights of the Owner and the G-22 CLEANING UP. The Contractor shall keep the
Architect under the Contract with respect to the Work to premises free from accumulation of waste material or
be performed under the subcontract so that the rubbish caused by employees or as a result of the work.
subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks In the At completion of work, the General Contractor shall,
structure and be symmetrically placed wherever immediately prior to final inspection of complete building,
possible. This includes heating registers, light fixtures, execute the following final cleaning work with trained
equipment,etc. janitorial personnel and with material methods
recommended by the manufactures of installed materials.
If because of the non-related sizes of the various materials
and locations of openings, etc., It is not possible to 1. Sweep and buff resilient floors and base, and vacuum
accomplish the above, the Contractor shall request the carpeting.
Architect to determine the most satisfactory arrangement.
The Contractor shall establish centerlines for all trades. 2. Dust all metal and wood trim and similar finished
materials.
G-17 INTEGRATING EXISTING WORK. The
Contractor shall protect all existing street and other 3. Clean all cabinets and casework.
improvements from damages.
4. Dust all ceilings and walls.
Contractor's operations shall be confined to the immediate
vicinity of the new work and shall not in any interfere with or 5. Dust,and if necessary wash,all plumbing and electrical
obstruct the ingress or egress to an from existing adjacent fixtures.
facilities.
6. Wash all glass and similar non-resilient materials.
Where new site work is to be connected to existing work,
special care shall be exercised by the Contractor not to 7. All hardware and other unpainted metals shall be
disturb or damage the existing work more than necessary. cleaned and polished and all equipment and paint or
All damaged work shall be replaced, repaired and restored decorated work shall be cleaned and touched-up if
to its original condition at no cost to the Owner. necessary, and all temporary labels, tags, and paper
coverings removed throughout the buildings. Surfaces
G-18. HAZARDOUS MATERIAL CERTIFICATION: it is that are waxed shall be polished.
the intent of the contract documents, whether expressly
stated or not, that nothing containing hazardous materials, 8. The exterior of the building, the grounds, approaches,
such as asbestos, shall be Incorporated in to the project equipment, sidewalks, streets, etc. shall be leaned
The contractor shall exercise every reasonable precaution to similar to interior of buildings and left In good order at
ensure that asbestos-containing materials are not the time of final acceptance. All paint surfaces shall be
incorporated into any portion of the project, including clean and unbroken, hardware shall be clean and
advising all materials suppliers and subcontractors of this polished, all required repair work shall be completed
requirement. The contractor shall verify that components and dirt areas shall be scraped and cleared of weed
containing lead do not contact the potable water supply, growth.
G-19 LOCATION OF EQUIPMENT AND PIPING. 9. Clean all glass surfaces and mirrors of putty, paint
Drawing showing location of equipment, piping, ductwork, materials, etc., without scratching or injuring the glass
etc. are diagrammatic and job conditions may not always and leave the work bright,clean and polished. Cost of
permit their installation in the location shown. When this this cleaning work shall be bome by Contractor.
situation occurs, it shall be brought to the Architect's
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10. Cleaning,polishing,scaling,waxing and all other finish 3) Catalog data on plumbing fixtures, valves, water
operations indicated on the Drawings or required In the heaters, heating and cooling equipment, temperature
Specifications shall be taken to Indicate the required control, fan, electrical panels, service entrance
condition at the time of acceptance of all work under the equipment and light fixtures.
Contract.
4) Manufacturer's name, type, color designation for
11. Burning:Burning of rubbish on the premises will not be resilient floors, windows, doors, concrete block, paint,
permitted. roofing,other materials.
G-23 DUST CONTROL. Precaution shall be exercised Submit six copies of Maintenance Manual, prior to request
at all times to control dust created as a result of any for final payment
operations during the construction period. If serious
problems or complaints arise due to air-home dust,or when Qperational Inspection and Maintenance Instruction: The
directed by the Architect,operations causing such problems Contractor shall provide at his expense, competent
shall be temporarily discontinued and necessary steps taken manufacturer's representatives to completely check out all
to control the dust mechanical and electrical systems and items covered by the
Drawings and Specifications. This requirement shall be
G-24 FIRE PROTECTION. The contractor shall at all scheduled just prior to and during the initial start up.After all
times maintain good housekeeping practices to reduce the systems are functioning properly the representatives shall
risk of fire damage or Injury to workmen.All scrap materials, instruct maintenance personnel of the Owner in the proper
rubbish and trash shall be removed daily from in and about operation and maintenance of each item.
the building and shall not be permitted to be scattered on
adjacent property. G-27 GUARANTEE AND EXTENDED GUARANTEE.
Upon completion of the Project, prior to final payment,
Suitable storage space shall be provided outside the guarantees required by technical divisions of Specifications
immediate building area for storing flammable materials and shall be properly executed in quadruplicate by
paints; no storage will be permitted in the building. Excess subcontractors and submitted through the Contractor to
flammable liquids being used inside the building shall be Architect.Delivery of guarantees shall not relieve Contractor
kept in dosed metal container and removed from the from any obligation assumed under Contract.
building during unused periods.
The Contractor shall guarantee the entire Project for one
A fire extinguisher shall be available at each location where year. In addition, where separate guarantees, for certain
cutting or welding is being performed.Where electric or gas portions of work,are for longer periods,General Contractor's
welding or cutting work is done, interposed shields of guarantee shall be extended to cover such longer periods.
incombustible material shall be used to protect against fire Manufacturer's extended warrantees shall be Included in this
damage due to sparks and hot metal. When temporary contract.
heating devices are used, a watchman shall be present to
cover periods when other workmen are not on the premises. Guarantees shall become valid and operative and
commence upon issuance of Certificate of Inspection and
The Contractor shall provide fire extinguishers in accordance Acceptance by Owner. Guarantees shall not apply to work
with the recommendations and NFPA Bulletins Nos. 10 and where damage is result of abuse, neglect by Owner or his
241. However, in all cases a minimum of two fire successor(s)in interest.
extinguishers shall be available for each floor of
construction. The Contractor agrees to warrant his work and materials
provided in accordance with this contract and the terms of
G-25 CUTTING AND PATCHING Wherever cutting and the Technical Specifications contained herein. Unless
removal of portions of the existing work is indicated, such supplemented by the Technical Specifications or the
work shall be neatly sawed or cut by contractor In a manner manufacturers normal extended warrantees, the Contractor
that will produce a neat straight line, parallel to adjacent shall warrant all work materials, and equipment against
surfaces or plumb for vertical surfaces. Care should be defects for a period of one year from the date of final
exercised not to damage any work that is to remain. acceptance. The Contractor further agrees to bear all costs
of making good all work that is found to be defective or not
At no time shall any structural members be cut without provided In accordance with the Contract Documents.
written consent from the Architect. Additionally if the facility or contents are damaged due to
defective materials or workmanship of the Contractor, the
G-26 PROJECT CLOSEOUT. Contractor further agrees to bear all cost of repairing and/or
replacing damaged items and components to bring such
Final Inspection, Record Drawings: Attention Is called to items back to at least their original condition.
General Conditions Section I entitled, 'Payments and
Completion' G-28 Y21K COMPLIANCE REQUIREMENTS The
Contractor warrants that each hardware, software and
Maintenance Manual:Sheets shall be 8 W x 11',except pull firmware product delivered for incorporation Into the Work be
out sheets may be neatly folded to 8'/:'x 11'.Manuals shall able to accurately process date/time data between the years
be bound In plastic covered, 3 ring, loose leaf binder with 1999 and 2000, including leap year calculations and as
title of project lettered on front and shall contain: described below:
1. Date/time data between the Information
1) Name,address and trade of all sub-contractors. technology Incorporated into the Work shall transfer
accurately to and from Information technology purchased
2) Complete maintenance instructions; name, address, separately from the Work but intended to be used in
and telephone number of installing Contractor, association with warranted products or systems.
manufacturer's local representative, for each piece of 2. Where the contract documents require that
operative equipment products must perforin as a system with respect to date/time
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data transfer, the warranty described herein applies to the substitutions intended for the project within 5 business days
performance of the system rather than to individual products. of bid opening. Failure to inform the City of substitute
3. The duration of this warranty and the remedies projects will obligate the contractor to provide the specified
available to the Owner for the breach of this warranty shall material if awarded the contract. Within 14 days after bid
be as defined in and subject to,the terms and limitations of opening and upon request of the architect or contractor, the
the Contractor's standard commercial warranty or contractor will submit a full sized sample and/or detailed
warranties. information as required to allow the architect to determine
4. The remedies available to the Owner under this the acceptability of proposed substitutions. Where
warranty shall include repair or replacement of any product equipment has been listed as "no substitute accepted", the
or system whose noncompliance Is discovered and made City will accept no alternates to the specified equipment.
known to the Contractor,in writing,within one year following
the date of substantial completion. SECTION H
5. Nothing in the provisions of this warranty shall be CONTRACT TIME
construed to limit any rights or remedies the Owner may
have with respect to defects discovered In the Work not H-1 DEFINITIONS. The Contract Time is the period of
related to compliance requirements of this section. time allotted in the Contract Documents for completion of the
Work.
The contractor agrees to correct defective Work within a one
year period after Date of Substantial Completion, and The date of commencement of the Work is the date
provide one year warranty for accurate transfer of date/time established in the Notice to Proceed. If there is no notice to
data between the years 1999 and 2000 as described within proceed,it shall be the date of the Agreement or such other
this section. date as may be established therein.
G-29 RECORD DRAWINGS. Upon completion of the The Date of Substantial Completion of the Work or
Work and prior to application for final payment, one print of designated portion thereof is the Date certified by the
each of the drawings accompanying this specification shall Architect with the approval of the Owner that construction is
be neatly and dearly marked in red by the Contractor to sufficiently complete, in accordance with the Contract
show variations between the construction actually provided Documents, so the Owner may occupy the Work or
and that indicated or specified in the Contract Documents. designated portion thereof for the use for which it is
The annotated documents shall be delivered to Architect. intended. Final acceptance of the completed work or any
Where a choice of materials and/or methods is permitted portion thereof can be made only by the City Council of the
herein and where variations in the scope or character of the City of Fort Worth or it's designated Assistant City Manager,
work from the entire work indicated or specified are and no other form of acceptance will be binding upon the -
permitted either by award of bidding items specified for that Owner.
purpose, or by subsequent change to the drawings, the
record drawings shall define the construction actually A calendar day constitutes 24 hours of time and is any one
provided. The representation of such variations shall of the seven days of a week,including Sunday,regardless of
conform to standard drafting practice 'and shall include whether a "Working Day"or not, and regardless of weather
supplementary notes, legends and details which may be conditions or any situation which might delay construction.
necessary for legibility and dear portrayal of the actual An extension of contract time shall be in accordance with
construction.The record drawings shall indicate,in addition, this Section. Extensions of time will be as recommended by
the actual location of all sub-surface utility tines, average the Architect with final approval by City of Fort Worth.
depth below the surface and other appurtenances.
A working day is defined as a calendar day, not including
G-30 CONSTRUCTION FENCE. At the Contractor's Saturdays,Sundays,and legal holidays,in which weather or
option, he may provide a substantial chain-link construction other conditions not under the control of the Contractor -
fence around all or a part of the site. The fences and gates permit the performance of work for a continuous period of
must be maintained throughout the construction period. not less than seven hours between 7:00 a.m.and 6:00 p.m.
Remove the fences and gates upon completion of the However, nothing in these Contract Documents shall be
Project and restore the site to the required original or construed as prohibiting the Contractor from working on
contract condition. Saturdays if he so desires. Should the Contractor choose to
work on Saturdays, one day will be charged as contract-
G-31 PRODUCT DELIVERY, STORAGE. HANDLING. working time when weather or other conditions permit seven
The Contractor shall handle,store and prated materials and hours of work as delineated above. Legal holidays are
products, including fabricated components, by methods and defined as being New Year's Day,Independence Day,Labor
means which will prevent damage, deterioration and loss, Day,Thanksgiving Day, Christmas Day, Memorial Day, and
including theft (and resulting delays), thereby ensuring Veteran's Day.
highest quality results as the work progresses. Control
delivery schedules so as to minimize unnecessary long-term H-2 PROGRESS AND COMPLETION. All the time
storage at project site prior to installation. limits stated in the Contract Documents are of essence to
the Contract.
G-32 REMOVAL OF SALVAGED MATERIAL. The
Contractor shall remove salvaged material and equipment The Contractor shall begin the Work on the date of
from the Project site and dispose of it in accordance with the commencement as defined In this Section.He shall carry the "
law. Equipment or material identified in the Specifications or Work forward expeditiously with adequate forces and shall
Plans for Owner salvage shall be carefully removed and complete it within the Contact Time.
delivered to the Owner at any location in within the City limits
as directed by the City. H-3 DELAYS AND EXTENSIONS OF TIME. If the
Contractor is delayed at any time in the progress of the Work
G-33 MANUFACTURER'S REFERENCE: Catalog, by any act or neglect of the Owner or the Architect,or by any
brand names,and manufacturer's references are descriptive, employee of the Owner, or by any separate contractor
not restrictive. Bids on brands of like nature and quafity will employed by the Owner, or by any separate contractor
be considered. Contractor shall inform the City of any employed by the Owner,or by changes ordered in the Work,
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or by labor disputes, fire, unusual delay in transportation, suitably stored at the site or in an independent, bonded
unavoidable casualties or any causes beyond the warehouse such payments shall be conditioned upon
Contractor's control, or by any cause which the Architect submission by the Contractor of bills of sale or such other
determines may justify the delay,then the contract time may procedures satisfactory to the Owner to establish the
be extended by Change Order for such reasonable time as Owner's title to such materials or equipment or otherwise
recommended by the Architect and approved by the Owner. protect the Owner's interest including applicable insurance
When the Contractor is delayed due to abnormal weather and transportation to the site.
conditions, the weather table provided as WT-1 In these
Contract Documents shall be used as the basis for providing The Contractor warrants and guarantees that title to all
a fair and equitable adjustment of the contract time. Work, materials and equipment covered by an Application
for Payment,whether incorporated in the Project or not,will
All claims for extension of time shall be made in writing to pass to the Owner upon the receipt of such payment by the
the Architect no more than fifteen days after the occurrence Contractor, free and dear of all liens, claims, security
of the delay;otherwise they shall be waived. interests or encumbrances hereinafter referred to as'liens';
and that no Work, materials or equipment covered by an
If no schedule or agreement is made stating the dates upon Application for Payment will have been acquired by the
which written interpretations shall be furnished, then no Contractor,or by any other persons performing the Work at
claim for delay shall be allowed on account of failure to the site or furnishing materials and equipment for the Work,
furnish such Interpretation until fifteen days after demand is subject to an agreement under which an interest therein or
made for them, and not then unless such a claim is an encumbrance thereon is retained by the seller or
reasonable. otherwise imposed by the Contractor or such other person.
H-4 NO DAMAGE FOR DELAY. No payment, The Contractor shall prepare each application for payment
compensation or adjustment or any kind (other than the on AIA Document G702, 'Application and Certificate for
extensions of time provided for) shall be made to the Payment, and attached thereto AIA Document G703,
contractor for damages because of hindrances or delays 'Continuation Sheer,to indicate the progress made to date
from an cause in the progress of the work, whether such and the period or month for which payment is requested for
hindrances or delays be avoidable or unavoidable, and the each Item listed in the Schedule of Values. A copy of the
contractor agrees that he will make no claim for revised monthly work progress schedule must be attached
compensation,damages or mitigation of liquidated damages before the pay request can be accepted.
for any such delays, and will accept in full satisfaction for
such delays said extension of time. 1-5 CERTIFICATES FOR PAYMENT. If the
Contractor has made Application for Payment as above,the
SECTION I above,the Architect will,with reasonable promptness but not
PAYMENTS AND COMPLETION more than seven days after the receipt of the Application,
prepare a Certificate of Payment, with a copy to the
1-1 CONTRACT SUM. The Contract Sum is stated in Contractor,for such amount determined to be properly due,
the proposal as accepted and is the total amount payable by or state in writing reasons for withholding a Certificate.
the Owner to the Contractor for the performance of the Work
under the Contract Documents. The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
1-2 SCHEDULE OF VALUES. Before the first Architect's observations at the site and the data comprising
Applicable for Payment, the Contractor shall submit to the the Application for Payment, that the Work has progressed
Architect a Schedule of Values of the various portions of the to the point indicated; that the quality of the Work is in
Work, Including quantities if required by the Architect, accordance with the Contract Documents (subject to an
aggregating the total Contract Sum,divided so as to facilitate evaluation of the Work as a functioning whole upon
payments to Sub-contractors, prepared in such form as Substantial Completion, to the results of any subsequent
specified or as the Architect and the Contractor may agree tests required by the Contract Documents, to minor
upon, and supported by such data to substantiate its deviations from the Contract Documents correctable prior to
correctness as the Architect may require. Each item in the completion, and to any specific qualifications stated in the
Schedule of Values shall include its proper share of Certificate); and recommendations to the Owner that the
overhead and profit. This Schedule, when approved by the Contractor be paid in the amount certified. In addition, the
Architect and the Owner, shall be used as a basis for the Architect's approval of final payment assures the Owner that
Contractors Applications for Payment. the conditions precedent to the Contractor's being entitled to
final payment as set forth in this Section have been fulfilled.
IJ ADJUSTMENT OF QUANTITIES. Where unit
prices and estimated quantities are used to compute the After the Architect has issued a Certificate for Payment,the
contract amount,the Owner may increase the quantities by Owner shall approve or disapprove same within ten days
an amount that is 20%of the total cost for that section. Unit after it has been delivered to the Director of the Department
prices for adjustments to unit quantities in excess to 20% of Transportation and Public Works. For contracts less than
may be negotiated at the request of either party. $400,000,Owner shall pay 90%of the approved estimate to
the Contractor within seven days after its approval, and the
1.4 PROGRESS PAYMENTS. On the first day of remaining 10%of each such estimate will be retained by the
each month after the first month's work has been completed, Owner until the final estimate is approved and the Work is
the Contractor will make current estimates In writing for accepted by the City Council of the City of Fort Worth. For
review by the Architect of materials in place complete and contracts in excess of$400,000, the Owner will retain only
the amount of work performed during the preceding month or 5%of each estimate until the final estimate is approved and
period and the value thereof at the prices contracted for as work accepted by the City Council of the City of Fort Worth.
shown on the approved Schedule of Values and Progress
Schedule. No Certificate for a progress payment, nor any progress
payment, nor any partial or entire use or occupancy of the
If payments are to be made on account of materials or Project by the Owner,shall constitute an acceptance of any
equipment not incorporated in the Work but delivered and Work not in accordance with the Contract Documents, or
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relieve the Contractor of liability in respect to any warranties 1) The claim has been settled and a release has been
or responsibility for faulty materials or workmanship. The obtained from the claimant involved,or
Contractor shall promptly remedy any defects in the Work
and pay for any damage to other work resulting therefrom 2) Good faith efforts have been made to settle such out-
that shall appear within a period of one year from the date of standing claims,and such good faith efforts have failed.
final acceptance of the Work unless a longer period is
specified. If condition(1)above is met at any time within the six month
period, the Director shall recommend that the final payment
1.6 PAYMENTS WITHHELD. The Architect may to the Contractor be made. If condition (2) above is met at
decline to approve an Application for Payment and may any time within the six-month period, the Director may
withhold his Certificate in whole or in part if in his opinion he recommend that the final payment to the Contractor be
is unable to make the representations to the Owner as made.At the expiration of the six-month period the Director
provided in this Section. The Architect may also decline to may recommend that final payment be made if all other work
approve any Applications for Payment or, because of has been performed and all other obligations of the
subsequently discovered evidence or subsequent Contractor have been met to the satisfaction of the Director.
inspections, may nullify the whole or any part of any
Certificate for Payment previously Issued to such extent as The Director may, if he deems it appropriate, refuse to
may be necessary in his opinion to protect the Owner from accept bids on other Transportation and Public Works
loss because of: Department contract work from a Contractor against whom a
1 defective work not remedied; claim for damages is outstanding as a result of work
performed under a City contract
2) claims filed or reasonable evidence indicating probable
filing of claims; 1-8 LIQUIDATED DAMAGES: The deduction for
liquidated damages shall be as follows:
3) failure of the Contractor to make payments properly to
Subcontractors,or for labor,materials or equipment; Amount of Contract Liquidated Damages Per Day
4) reasonable doubt that the Work can be completed for $15,000 or less $45
the unpaid balance of the Contract Sum; $15,001 to $25,000 $63 _
5) damage to another contractor, $25,001 to $50,000 $105
$50,001 to $100,000 $154
6) reasonable indication that the Work will not be $100,000 to $500,000 $210
completed within the Contract Time;or $500,001 to$1,000,000 $315
7) Unsatisfactory prosecution of the Work by the $1,000,001 to$2,000,000 $420
Contractor. $2,000,001 to$5,000,000 $630
$5,000,001 to$10,000,000 $840
When such grounds for the refusal of payment are removed, over$10,000,000 $980
payment shall be made for amounts withheld because of 1-9 FAILURE OF PAYMENT If, without fault on the
them.The Owner reserves the right to withhold the payment part of the Contractor,the Architect should fail to issue any
of any monthly estimate, without payment of interest, if the Certificate for Payment within seven days after receipt of the
Contractor fails to perform the Work in accordance with the Contractor's Application for Payment, if the Contractor's +�
specifications or instructions of the Architect Application for Payment,or if,without fault on the part of the
Contractor,the Owner should fail to approve such estimate
claim
UNRESOLVED CLAIMS: In the evert a written or to pay to the Contractor 90%or 95%(as applicable)of the
claim for damages against the Contractor or Its subcon- amount thereof within the period of time specified, then the
tractors remains unsettled at the time all work on the project Contractor may, upon seven (7) days additional written ..
has been completed to the satisfaction of the Director of the notice to the Owner and to the Architect,stop the Work until
Transportation and Public Works Department,as evidenced payment of the amount owing has been received.
by a final inspection, final payment to the Contractor shall
not be recommended by the Director of the Transportation 1-10 SUBSTANTIAL COMPLETION AND FINAL
and Public Works Department for a period of 30 days after PAYMENT Prior to the request for final payment, the
the date of such final inspection,unless the Contractor shall Contractor must meet ag provisions for Project Closeout.
submit written evidence satisfactory to the Director that the When the Contractor determines that the Work or a
claim has been settled and a release has been obtained designated portion thereof acceptable to the Owner is
from the claimant involved. substantially complete, the Contractor shall prepare the
Although the claim concerned remains unsettled at the submission to the Architect a list of items to be completed or
expiration of the above 30-day period,the Contractor may be corrected.The failure to include any items on such list does
deemed to be entitled to a semi-final payment for work not alter the responsibility of the Contractor to complete all
Work in accordance with the Contract Documents.When the
completed, such semi-final payment to be in an amount
equal to the total dollar amount then due less the dollar Architect,substantially
the basis of m inspection, determines that the
value of any written claims pending against the Contractor Work is substantially complete, io then will prepare n
arising out of the performance of such work, and such Certificate of Substantial Completion bush which, when
semi-final payment may then be recommended by the approved by the Owner, shall establish the Date of
Director. Substantial Completion,shall state the responsibilities of the
Owner and the Contractor for maintenance, heat, utilities,
The Director shall not recommend final payment to a and insurance, and shall fix the time within which the
Contractor against whom such a claim for damages Is Contractor shall complete the items listed therein, said time
outstanding for a period of six months following the date of to be within the Contract time unless extended.
the acceptance of the work performed unless the Contractor Upon receipt of written notice that the Work is ready for final
submits evidence in writing satisfactory to the Director that: inspection and acceptance and upon receipt of a final
Application for Payment and upon receipt of a final
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application for payment, providing the record drawings have (2) all the Work and all materials and equipment to be
been received by the Architect, the Architect will conduct incorporated therein, whether in storage on or-off the
such test and/or inspections as he deems necessary,and If site,under the care,custody or control of the Contractor
in his opinion the Work has been completed in accordance or any of his Subcontractors or Sub-contractors;and
with the Contract Documents, the Architect will promptly
issue a final Certificate of Substantial Completion stating that (3) other property at the site or adjacent thereto, including
to the best of his knowledge, information and belief,and on trees, shrubs, lawns, walks, pavements, roadways,
the basis of his observations and inspections,the Work has structures and utilities not designated for removal,
been completed in accordance with the terms and conditions relocation or replacement in the course of construction.
of the Contract Documents and that the entire balance found
to be due the Contractor is due and payable. Final Until acceptance of the Work, it shall be under the charge
acceptance can be made by the City Council of the City of and care of the Contractor, and he shall take every
Fort Worth or it's designated representative, and no other precaution against injury or damage to the Work by the
form of acceptance will be binding upon the Owner. Final action of the elements or from any other cause whatsoever,
payment and release of the retainage amount will become whether arising from the execution or from the non-execution
due within fifteen days following approval of the City Council of the Work.The Contractor shall rebuild,repair,restore and
of the City of Fort Worth in accepting the work as complete. make good, at his own expense, all injuries or damages to
any portion of the Work occasioned by any of the above,
Neither the final payment nor the remaining retained caused before its completion and acceptance.
percentage shall become due until the Contractor submits to
the Architect The Contractor shall comply with all applicable Laws,
Ordinances, Rules, Regulations and Orders of any public
1) Contractor's Affidavit of Payment of Debts and Claims authority having jurisdiction for the safety of persons or
(G706) stating that all payrolls, bills for materials and property or to protect them from damage, injury or loss. He
equipment,and other indebtedness connected with the shall erect and maintain, as required by existing conditions
Work for which the Owner or his property might in any and progress of the Work, all reasonable safeguards for
way be responsible, have been paid or otherwise safety and protection, including posting danger signs and
satisfied, other warnings against hazards, promulgating safety
2) Consent of Surety to Final Payment(G707), if any, to regulations and notifying owners and users of adjacent
final payment, utilities.
3) Contractor's Affidavit of Release of Liens(G706A),and,
4) Other data establishing payment or satisfaction of all When the use or storage of explosives or other hazardous
such obligations, such as receipts, releases and materials or equipment is necessary for the execution of the
waivers of liens arising out of the Contract,to the extent Work, the Contractor shall exercise the utmost care and
and in such form as may be designated by the Owner. shall cavy on such activities under the supervision of
properly qualified personnel.
If any Subcontractor, materialman or laborer refuses to
furnish a release or waiver required by the Owner, the All damage or loss to any property referred to in the
Contractor may,at the election of the Owner,fumish a bond preceding paragraphs caused in whole or in part by the
satisfactory to the Owner to indemnify him against any right, Contractor, any Subcontractor, or anyone directly or
claim or lien which might be asserted by such Subcontractor, indirectly employed by any of them,or by anyone for whose
materialman or laborer. If any such right, claim or lien acts any of them may be liable, shall be remedied by the
remains unsatisfied after all payments are made. The Contractor, including damage or loss attributable to faulty
Contractor shall refund to the Owner all monies that the Drawings or Specifications and acts or omissions of the
latter may be compelled to pay to discharging such right, Architect or anyone employed by him or for whose acts he
claim or lien, including all costs and reasonable attorney's may be liable,and not attributable to the fault or negligence
fees. of the Contractor or anyone claiming through the Contractor
for such damage or loss.
The acceptance of final payment shall constitute a waiver of
all claims by the Contractor except those previously made in The Contractor shall not load or permit any part of the Work
writing and still unsettled. to be loaded so as to endanger its safety.
SECTION J J-3 HARD HATS. Hard Hats will be required at all
PROTECTION OF PERSONS AND PROPERTY construction sites included in this Contract from start to
completion of work. Each Contractor, employee and visitor
J-1 SAFETY PRECAUTIONS AND PROGRAMS The at any construction site included in the Contract will be
Contractor shall be responsible for initiating,maintaining and required to wear a hard hat.The Contractor shall enforce the
supervising all safety precautions and programs in wearing of hard hats by Contractor,employees and visitors.
connection with the Work. The Contractor shall designate a These requirements are in addition to the Accident
responsible member of his organization at the site whose Prevention Clause in the General Conditions of the Contract
duty shall be the prevention of accidents. This person shall Contractor shall provide ten hard hats for use by the
be the Contractor's superintendent unless otherwise consulting Architects and Engineers and visitors.
designated in writing by the Contractor to the Architect.
J-4 EMERGENCIES. In any emergency affecting the
J-2 SAFETY OF PERSONS AND PROPERTY. The safety of persons or property,the Contractor shall act at his
Contractor shall take all reasonable precautions for the discretion to prevent threatened damage,injury or loss.Any
safety of, and shall provide all reasonable protection to additional compensation or extension of time claimed by the
prevent damage,injury or loss to: Contractor on account of emergency work shall be
determined as provided in Changes in the Work.
(1) all employees on the Work and all other persons who
may be affected thereby; SECTION K-INSURANCE
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5/5/2000
K-1 Insurance Required. The Contractor shall not persons or entities performing all or part of the
commence work under this Contract until he has obtained all services the contractor has undertaken to perform
insurance required under this Section and such Insurance on the project, regardless of whether that person
has been approved by the City of Fort Worth,nor shall the contracted directly with the contractor and
Contractor allow any Subcontractor to commence work to be regardless of whether that person has employees.
performed under this Contract until all similar insurance of This includes, without limitation, independent
the Subcontractor has been so obtained and approved. contractors, subcontractors, leasing companies,
motor carriers,owner-operators,employees of any
K-2 Workers'Compensation Insurance: such entity, or employees of any entity which
furnishes persons to provide services on the
1) General project. "Services" include, without limitation,
providing, hauling, or delivering equipment or
a) Contractor's Workers Compensation Insurance. materials, or providing labor, transportation, or
Contractor agrees to provide to the Owner(City)a other services related to a project `Services"
certificate showing that it has obtained a policy of does not include activities unrelated to the project,
workers compensation insurance covering each of such as food/beverage vendors, office supply
its employees employed on the project in deliveries,and delivery of portable toilets.
compliance with state law. No Notice to Proceed
will be Issued until the Contractor has complied 3) Requirements
with this section. a) The contractor shall provide coverage, based on ¢
b) Subcontractors Workers Compensation proper reporting of classification codes and payroll
Insurance. Contractor agrees to require each and amounts and filing of any coverage agreements,
every subcontractor who will perform work on the which meets the statutory requirements of Texas
project to provide to it a certificate from such Labor Code, Section 401.011(44) for all
subcontractor stating that the subcontractor has a employees of the contractor providing services of
policy of workers compensation insurance the project,for the duration of the project.
covering each employee employed on the project b) The Contractor must provide a certificate of
Contractor will not permit any subcontractor to coverage to the governmental entity prior to being
perform work on the project until such certificate awarded the contract
has been acquired. Contractor shall provide a
copy of all such certificates to the Owner(City). c) If the coverage period shown on the contractors
c) By signing this contract or providing or causing to current certificate of coverage ends during the
be provided a certificate of coverage, the duration of the project,the contractor must,prior to
the end of the coverage period, file new
contractor Is representing to the City that all
employees of the contractor who will provide certificate of coverage with the City showing
g that
services on the project will be covered by workers coverage has been extended.
compensation coverage for the duration of the d) The contractor shall obtain from each person
project,that the coverage will be based on proper providing services on a project,and provide to the
reporting of classification codes and payroll City:
amounts,and that all coverage agreements will be
filed with the appropriate insurance carrier or, in 1) a certificate of coverage, prior to that person
the case of a self-insured,with the Texas Workers beginning work on the project, so the
Compensation Commission's Division of Self- governmental entity will have on file
Insurance Regulation. Providing false or certificates of coverage showing coverage for
misleading information may subject the contractor all persons providing services on the project;
to administrative penalties,criminal penalties, civil and
penalties or other civil actions. ii) no later than seven days after receipt by the
d) The oontractors failure to comply with any of these contractor, a new certificate of coverage
provisions is a breach of contract by the contractor showing extension of coverage, if the �-
which entities the City to declare the contract void coverage period shown on the current
if the contractor does not remedy the breach within certificate of coverage ends during the
ten days after receipt of notice of breach from the duration of the project
City e) The contractor shall retain all required certificates
2) Definitions: of coverage for the duration of the project and for
one year thereafter.
a) Certificate of coverage("certificate"). A copy of a fl The contractor shall notify the City in writing by
certificate of Insurance,a certificate of authority to
self-insure issued by the Texas Workers' certified mail or personal delivery, within ten (10)
Compensation Commission, or a coverage days after the contractor knew or should have
agreement (TWCC-81, TWCC-82, TWCC-83, or known, of any change that materially affects the
TWCC-84), showing statutory workers' provision of coverage of any person providing
compensation insurance coverage for the person's services on the project.
or entity's employees providing services on a g) The contractor shall post on each project site a
project,for the duration of the project. notice,in the text,form and manner prescribed by
b) Duration of the Project. Includes the time from the the Texas Workers Compensation Commission,
beginning of the work on the project until the informing all persons providing services on the
contractors/person's work on the project has been project that they are required to be covered, and
completed and accepted by the City. stating how a person may verify coverage and
report lads of coverage.
c) Persons providing services on fie project
("subcontractor" in section 406.096)4ndudes all
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5/5/2000
h) The contractor shall contractually require each The law requires that each person
person with whom it contracts to provide services working on this site or providing services
on a project,to: related to this construction project must
I) provide coverage, based on proper reporting
In covered by workers compensation
on the classification codes and payroll Insurance. This incudes persons
P Yro providing, hauling, or delivering
amounts and filing of any coverage equipment or materials, or providing
agreements, which meets the statutory labor or transportation or other service
requirements of Texas labor Code, Section related to the project, regardless of the
401.011(44)for all of its employees providing Identity of their employer or status as an
services on the project,for the duration of the employee".
project;
Call the Texas Workers Compensation
ii) provide to the contractor, prior to that person
Commission at 512-440-3789 to receive
beginning work on the project,a certificate of information on the legal requirement for
coverage showing that coverage is being coverage, to verify whether your
provided for all employees of the person employer has provided the required
providing services on the project for the coverage, or to report an employers
duration of the project; failure to provide coverage'
iii) provide the contractor, prior to the end of the K-3 LIABILITY INSURANCE. The Contractor shall
coverage period, a new certificate of procure and maintain during the tens of this Contract such
coverage showing extension of coverage, if Liability Insurance as shall protect him,the City of Fort Worth
the coverage period shown on the current and any Subcontractor performing work covered by this
certificate of coverage ends during the Contract, from claims of damage which may arise from
duration of the project; operations under this Contract, including blasting, when
Iv) obtain from each other person with whom it blasting is done on, or in connection with the Work of the
contracts,and provide to the contractor. Project, whether such operations be by himself or by any
Subcontractor or by anyone directly or indirectly employed
(1) a certificate of coverage, prior to the by either of them and the limits of such insurance shall be
other person beginning work on the not less than the following:
project;and 1) Automobile Liability: $1,000,000 each accident, or
(2) a new certificate of coverage showing reasonably equivalent split limits for bodily injury and
extension of coverage, prior to the end property damage. Coverage shall be on 'any auto'
of the coverage period, if the coverage including leased, hired, owned, non-owned and
period shown on the current certificate borrowed vehicles used in connection with this
of coverage ends during the duration of Contract
the project; 2) Commercial General Liability: $1,000,000 each
v) retain all required certificates of coverage on occurrence. Coverage under the policy shall be as
file for the duration of the project and for one comprehensive as that provided in a current Insurance
year thereafter. Services Office (ISO) policy form approved for use in
A) notify the City in writing by certified mail or Texas and the policy shall have no exclusions by
personal delivery, within ten (10) days after endorsement unless such are approved by the City.
the person knew or should have known, of 3) Asbestos Abatement Liability Insurance: When the
any change that materially affects the Project specifically requires the removal of Asbestos
provision of coverage of any person providing Containing Materials, the Contractor shall be required
services on the project;and to maintain Asbestos Abatement Liability Insurance as
vii) contractually require each person with whom follows: $1,000,000 per occurrence; $2,000,000
It contracts, to perform as required by aggregate limit. The coverage shall include any
paragraphs h4)- vii), with the certificates of pollution exposure, including environmental impairment
coverage to be provided to the person for liability, associated with the services and operations
whom they are providing services. Performed under this contract in addition to sudden and
accidental contamination or pollution liability for gradual
4) Posting of Required Workers Compensation Coverage. emissions and dean-up costs.
a) The contractor shall post a notice on each project K-4 BUILDER'S RISK INSURANCE.
site informing all persons providing services on the
project that they are required to be covered, and Unless stated otherwise in the Proposal or Invitation, the
stating how a person may verify current coverage Contractor shall procure, pay for and maintain at all times
and report failure to provide coverage.This notice during the term of this Contract, Builders Risk Insurance
does not satisfy other posting requirements against the perils of fire,lightning,windstorm,hurricane,hail,
imposed by the Texas Worker's Compensation Act riot, explosion, civic commotion, smoke, aircraft, land
or other Texas Workers Compensation vehicles,vandalism,and malicious mischief,at a limit equal
Commission rules. This notice must be printed to 100%of the Contract Sum.
with a title in at least 30 point bold type and text in
at least 19-point normal type,and shall be in both The policy shall include coverage for materials and supplies
English and Spanish and any other language while in transit and while being stored on or off site. If
common to the worker population. The text for the specifically required in the Instructions to Bidders,the policy
notices shall be the following text, without any shall include coverage for flood and earthquake. Different
additional words or changes: sub-limits for these coverages must be approved by the City.
'REQUIRED WORKER'S
COMPENSATION COVERAGE
GC- 17 of 24
5/5/2000
Consequential damage due to faulty workmanship and/or 11) "Other Insurance" as referenced in any policy of
design performed by the Contractor or his agents shall be insurance providing coverages required herein shall not
covered, apply to any insurance policy or program maintained by
the City of Fort Worth.
Upon completion of the Work,the Contractor shall notify the
City of Fort Worth in writing before terminating this 12) Contractor shall agree to either require its
insurance. subcontractors to maintain the same Insurance
coverages and limits thereof as specified herein or the
K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor shall provide such coverage on the
Contractor shall provide a certificate of insurance Contractor's subcontractors.
documenting the Transportation and Public Works „
Department,City of Fort Worth as a"Certificate Holder',and SECTION L
noting the specific project(s) covered by the Contractor's CHANGES IN THE WORK
insurance as documented on the certificate of insurance.
More than one certificate may be required of the Contractor L-1 CHANGE ORDER. The Owner, without
depending upon the agents an/or insurers for the invalidating the Contract, may order Changes in the Work
Contractors insurance coverages specified for the project(s). within the general scope of the Contract consisting of
additions, deletions or other revisions, the Contract Sum
K-6 OTHER INSURANCE RELATED and the Contract Time being adjusted accordingly.All Such
REQUIREMENTS. Changes in the Work shall be authorized by Change Order,
and shall be executed under the applicable conditions of the
1) The City of Fort Worth shall be an additional Insured,by Contract Documents.
endorsement,on all applicable insurance policies.
A Change Order is a written order to the Contractor signed _
2) Applicable insurance policies shall each be endorsed by the Contractor,Owner and the Architect, issued after the
with a waiver of subrogation in favor of the City of Fort execution of the Contract,authorizing a Change in the Work
Worth. or adjustment in the Contract Sum or the Contract Time.The
Contract Sum and the Contract Time may be changed only
3) Insurers of policies maintained by Contractor and its by Change Order.
suboontractor(s),if applicable,shall be authorized to do
business in the State of Texas, or otherwise approved Any changes in work required due to changed or unforeseen
by the City of Fort Worth,and such shall be acceptable conditions,or by request of either the Contractor or the City,
to the City of Fort Worth insofar as their financial shall be coordinated with the Director, Department of .r
strength and solvency are concerned. Any company Transportation and Public Works. A change order must be
through which the insurance is placed must have a written and duly negotiated and executed prior to performing
rating of at least A:VII,as stated in current edition of A. changed work.
M. Best's Key Rating Guide. At the City's sole
discretion,a less favorable rate may be accepted by the The cost or credit to the Owner resulting from a Change in
City. the Fort Worth shall be determined in one or more of the
4) Deductible limits on insurance policies and/or self following ways:
insured retentions exceeding$10,000 require approval
of the City of Fort Worth as respects this Contract in 1) mutual acceptance of a lump sum property itemized,
including the allowance to Contractor for overhead and
5) The City of Fort Worth shall be notified in writing a profit stipulated in the original contract proposal;
minimum of thirty days prior to an Insurer's action in the 2) by unit prices stated in the Contract Documents or
event of cancellation, non-renewal or material change subsequently agreed upon;or
In coverage regarding any policy providing insurance
coverage required in this Contract 3) by cost and a mutually acceptable fixed or percentage
6) Full limits of Insurance shall be available for claims fee.
arising out of this Contract with the City of Fort Worth. If none of the methods set forth herein above is agreed
7) The Contractor shall provide certificates of insurance to upon,the Contractor,provided he receives a Change Order.
shall promptly proceed with the Work involved. The cost of
the City prior to commencement of operations pursuant
such work shall then be determined on the basis the
to this Contract. Any failure on part of the City of Fort Including
Worth to request such documentation shall not be Contractor's reasonable expenditures and savings,inuding
construed as a waiver of insurance requirements a reasonable allowance for overhead and profit as indicted in
the original contract proposal. In such cases,the Contractor
specified herein. shall keep and present, in such form as the Architect shall
8) The City of Fort Worth shall be entitled, upon request prescribe, an itemized accounting together with appropriate
supporting data. Pending final determination of cost to the
and without Incurring expense,to review the insurance
policies including endorsements thereto and, at Its Owner, payments on account shall be made on the
Architect's Certificate of Payment as approved by the
discretion, to require proof of payment for policy Owner.
premiums.
9) The City of Fort Worth shall not be responsible for If after the contract has been executed, the Architect,
paying the cost of insurance coverages required herein. requests a price proposal from the Contractor fora proposed
change in scope of the work,Contractor shall process such
proposal within seven days of receipt and return the price
10) Notice of any actual or potential claim and/or litigation quote to the Architect in writing. The Architect shall review
that would affect insurance coverages required herein the price quotation and if approval is recommended,forward
shall be provided to the City in a timely manner. the proposed change order request and price proposal to the
Owner for approval. If the Architect will attempt to negotiate
GC- 18 of 24
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with Contractor to revise the proposal to a figure which is fair the Work in accordance with Section L without change in
and reasonable and forward it on to the Owner for approval. Contract Sum or Contract Time. The Contractor shall cant'
If the negotiations do not result in an equitable solution, the out such Field Orders promptly.
Architect shall prepare a cost-plus type Change Order with a
price-not-to-exceed figure for approval by the City and SECTION M
require specific documentation to be provided by Contractor UNCOVERING AND CORRECTION OF WORK
in accordance with the paragraph above.
M-1 UNCOVERING OF WORK. If any Work should be
Contractor is advised that according to City of Fort Worth covered contrary to the request of the Owner or Architect, it
Charter, that when the cumulative effect of Change Orders must be uncovered for observation and replaced, at the
results in an Increase in cost of the contract amount by over Contractor's expense.
$3,000, the City Council must approve all such Change
Orders which will exceed this limit Normal processing time If any other work has been covered which the Owner or
for the City Staff to obtain City Council approval, once the Architect have not specifically requested to observe prior to
recommended change order has been received at the City, being covered, the Architect or the Owner may request to
Is approximately thirty (30) days . Owner, Architect and see such work and it shall be uncovered by the Contractor.If
Contractor shall endeavor to Identify Change Order Items as such Work be found In accordance with the Plans and
early in the Construction process as possible to minimize Specifications,the cost of uncovering and replacement shall,
their impact on the construction schedule. by appropriate Change Order, be charged to the Owner. if
such work be found not in accordance with the Plans and
If unit prices are stated in the Contract Documents or Specifications,the Contractor shall pay such costs unless it
subsequently agreed upon, and if the quantities originally be found that this condition was caused by a separate
contemplated are so changed in a proposed Change Order contractor employed by the Owner.
that application of the agreed unit prices to the quantities of
Work proposed will create a hardship on the Owner or the M-2 , CORRECTION OF WORK. The Contractor shall
Contractor, the applicable unit prices shall be equitably promptly correct all work rejected by the Owner or Architect
adjusted to prevent such hardship. as defective or as failing to conform to the Plans and
Specifications whether observed before or after Substantial
If the Contractor claims that additional cost or time is Completion and whether or not fabricated, installed or
involved because of (1) any written interpretation issued completed.The Contractor shall bear all costs of correcting
pursuant to Section A, (2) any order by the Architect or such rejected Work, including the cost of the Architects
Owner to stop the Work pursuant to Section B, where the additional service thereby made necessary.
Contract was not at fault,or(3)any written order for a minor
change in the Work,the Contractor shall make such claim. If,within one year after the Date of Substantial Completion
or within such longer period of time as may be prescribed by
L-2 CLAIMS FOR ADD[UONAL COST OR TIME. If law or by the terms of any applicable special guarantee
the Contractor wishes to make a claim for an increase in the required by the Contract Documents, any of the work is
Contract Sum or an extension in the Contract Time,he shall found to be defective or not in accordance with the Contract
give the Architect written notice thereof within a reasonable Documents, the Contractor shall correct it promptly after
time after the occurrence of the event that gave rise to such receipt of a written notice from the Owner to do so, unless
claim. This notice shall be given by the Contractor before the Owner has previously given the Contractor a written
proceeding to execute the Work, except in an emergency acceptance of such condition, describing same specifically
endangering life or property In which case the Contractor and not generally. The Owner shall give such notice
shall proceed in accordance with Section J. No such claim promptly after discovery of the condition.
shall be valid unless so made. Any change In the Contract
Sum or Contract Time resulting from such claim,if approved All such defective or non-conforming work under the
by the Owner,shall be authorized by Change Order. preceding paragraphs shall be removed from the site where
necessary, and the work shall be corrected to comply with
L-3 OVERHEAD ALLOWANCES FOR CHANGES: the Contract Documents without cost to the Owner.
Should any change in the work or extra work be ordered,
the following applicable percentage shall be added to The Contractor shall bear the cost of making good all work of
Material and Labor costs to cover overhead and profit: separate contractors destroyed or damaged by such removal
or correction.
1. Allowance to the Contractor for overhead and profit for
extra work performed by the Contractor's own forces shall If the Contractor does not remove such defective or non-
not exceed fifteen percent Ll=. conforming work within a reasonable time fixed by written
notice from the Architect or the Owner, the Owner may
2. Allowance to the Contractor for overhead and profit for remove It and may store the materials or equipment at the
extra work performed by a Subcontractor and supervised by expense of the Contractor.If the Contractor does not pay the
the Contractor shall not exceed ten percent(10961. cost of such removal and storage within ten days thereafter,
the Owner may upon ten additional days'written notice sell
L-4 MINOR CHANGES IN THE WORK. The Architect such work at auction or at private sale and shall account for
shall have authority to order minor changes in the Work not the net proceeds thereof, after deducting all the costs that
Involving an adjustment in the Contract Sum or an extension should have been borne by the Contractor including
of the Contact Time and not inconsistent with the intent of compensation for additional architectural services. If such
the Contract Documents. Such changes may be effected by proceeds of sale do not cover all costs that the Contractor
Field Order or by other written order.Such changes shall be should have borne, the difference shall be charged to the
confirmed in writing by the Architect and shall be binding on Contractor and an appropriate Change Order shall be
the Owner and the Contractor. issued.If the payments then or thereafter due the Contractor
are not sufficient to cover such amount,the Contractor shall
L-5 FIELD ORDERS. The Architect may Issue written pay the difference to the Owner.
Field Orders which interpret the Contract Documents in
accordance with Section A,or which order minor changes in
GC- 19 of 24
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If the Contractor fails to correct such defective or non- b) Place no further orders or subcontracts except as may
oonforming work, the Owner may correct it in accordance be necessary for the completion of the work not
with Section G. terminated.
The obligation of the Contractor under this Section shall be c) Terminate all orders and subcontracts to the extent that
in addition to and not in limitation of any obligations imposed they relate to the performance of the work terminated
upon him by special guarantees required by the Contract by the notice of termination.
Documents or otherwise prescribed by law.
After termination as above,the City will pay the contractor a
M-3 ACCEPTANCE OF DEFECTIVE OR NON- proportionate part of the contract price based on the work
CONFORMING WORK. If the Owner prefers to accept completed; provided, however, that the amount of payment Y
defective or non-conforming work, he may do so Instead of on termination shall not exceed the total contract price as
requiring its removal and correction,in which cases Change reduced by the portion thereof allocatable to the work not
Order will be issued to reflect an appropriate reduction in the completed and further reduced by the amount of payments,
Contract Sum, or, If the amount is determined after final if,any otherwise made. Contractor shall submit its claim for
payment,it shall be paid by the Contractor. amounts due after termination as provided in this paragraph
within 30 days after receipt of such claim. In the event of
SECTION N any dispute or controversy as to the propriety or allowability
TERMINATION OF THE CONTRACT of all or any portion of such claim under this paragraph,such
dispute or controversy shall be resolved and be decided by
N-1 TERMINATION BY THE CONTRACTOR. If the the City Council of the City of Fort Worth, and the decision
work is stopped for a period of 30 days under an order or by the City Council of the City of Fort Worth shall be final
any court or other public authority having Jurisdiction, and binding upon all parties to this contract
through no act or fault of the Contractor or a Subcontractor
or their agents or employees or any other persons SECTION O
performing any of the work under a contract with the SIGNS
Contractor,or if the work should be stopped for a period of
30 days by the Contractor for the Owner's failure to make The Contractor shall construct and install the project
payment thereon as provided in Section 1, then the designation sign as required in the Contract Documents and
Contractor may after the end of such period of 30 days and in strict accordance with the Specifications for 'Project
upon seven additional days'written notice to the Owner and Designation Signs."This sign shall be a part of this Contract
the Architect,terminate the ContracL and shall be included in the Contractor's Base Bid for the
Project
N-2 TERMINATION BY THE OWNER. If the
contractor is adjudged as bankrupt,or if he makes a general SECTION P
assignment for the benefit of his creditors,or if a receiver is TEMPORARY FACILITIES
appointed on account of his insolvency.of N the Contractor
refuses, except in cases for which extension of time is P-1 SCOPE. The Contractor shall fumish, erect, and
provided, to supply enough property skilled workmen or maintain facilities and perform temporary work required in
proper materials, or if he fails to make prompt payment to the performance of this Contract,including those shown and
Subcontractors or for materials or labor, or fails to comply specified.
with at Laws, Statutes, Charter,Ordinances. Regulations or
Orders of any public authority having jurisdiction, or P-2 USE OF TEMPORARY FACILITIES. All
otherwise is guilty of a substantial violation of a provision of temporary facilities shall be made available for use by all
the Contract Documents, then the Owner, on its own workmen and subcontractors employed on the project,
initiative or upon certification by the Architect that sufficient subject to reasonable directions by the Contractor as to their _
cause exists to justify such action,may,without prejudice to proper and most efficient utilization.
any rights or remedy and after giving the Contractor and his
surety, if any, seven (7) days' written notice, terminate the P-3 MAINTENANCE AND REMOVAL. The
employment of the Contractor and take possession of the Contractor shall maintain temporary facilities in a proper,
site and of all materials, equipment, tools, construction safe operating and sanitary condition for the duration of the
equipment and machinery thereon owned by the Contractor Contract Upon completion of the Contract, all such
and may finish the work by whatever method he may deem temporary work and facilities shall be removed from the
expedient In such case the Contractor small not be entitled premises and disposed of unless otherwise directed or
to receive any further payment until the Work is finished. specified hereunder.
If the costs of finishing the Work,including compensation for P-4 FIELD OFFICES AND SHED. The Contractor
the Architect's additional services., exceed the unpaid shall provide a temporary field office building for himself,his
balance of the Contract, the Contractor shall pay the subcontractors and use by the Architect. For construction
difference to the Owner. contracts with a bid price in excess of $1,000,000.00, the
Contractor shall provide a separate field office for the City's
The City of Fort Worth may terminate this contract in whole, field representative (but the separate office may be in the
or from time to time,In part,whenever such termination is in same structure).The buildings shall afford protection against
the best interest of the City. Termination will be effected by the weather, and each office shall have a lockable door, at
delivering to the Contractor a notice of termination specifying least one window, adequate electrical outlets and lighting,
to what extent performance of the work of the contract is and a shelf large enough to accommodate perusal of the
being terminated and the effective date of terminaation. After project drawings. Openings shall have suitable locks. Field
receipt of termination the contractor shall: offices shall be maintained for the full time during the
operation of the work of the Contract. During cold weather
a) Stop work under the Contract on the date and to the months, the field offices shall be suitably insulated and
extent specified on the notice of termination, equipped with a heating device to maintain 70 degree
Fahrenheit temperature during the workday. During warm T
weather the offices shall be equipped with an air conditioning
GC-20 of 24
5/5/2000
device to maintain temperature below 75 degrees F. Upon P-8 HEATING. Heating devices required under this
completion of the work of the Contract, the Contractor shall paragraph shall not be electric. The Contractor shall provide
remove the building from the premises. In addition to the heat,ventilation,fuel and services as required to protect all
drawing shelf, provide for the City field representatives work and materials and to keep the humidity down to the
office: one deck, four chairs, plan rack and a four drawer extent required to prevent corrosion of any metal and to
filing cabinet (with lock). Each office shall contain not less prevent dampness or mildew which is potentially damaging
than 120 square feet of floor space. to materials and finishes. All such heating, ventilation and
services shall be provided and maintained until final
The Contractor shall provide and maintain storage sheds, acceptance of all work. In addition, the Contractor shall
other temporary buildings or trailers on the project site as provide heat ventilation prior and during the following work
required for his use. Location of sheds and trailers shall be operations as follows:
as approved by the Architect. Remove sheds when work is
completed,or as directed. a) At all times during the placing, setting and curing of
concrete provide sufficient heat to insure the heating of
P-5 TELEPHONE. The Contractor shall provide and the spaces involved to not less than 40 F.
pay for telephone installation and service to the field offices
described above. Service shall be maintained for the b) From the beginning of the application of drywall and
duration of operations under this contract. The Contractor during the setting and curing period, provide sufficient
shall provide for and pay for an automatic telephone- heat to produce a temperature In the spaces involved of
answering device at the site office for the duration of the not less than 55 F.
project. The contractor shall provide a separate telephone
line, and instrument for use by the City's field c) For a period of seven(7)days previous to the placing of
representatives. interior finish materials and throughout the placing of
finish painting,decorating and laying of resilient flooring
P-6 TOILET FACILITIES. The Contractor shall materials, provide sufficient heat to produce a
provide proper, sanitary and adequate toilet facilities for the temperature of not less than 60 F.
use of all workmen and subcontractors employed on the
project P-9 TEMPORARY CONSTRUCTION. EQUIPMENT
AND PROTECTION
P-7 UTILITIES. Contractor shall make all necessary
arrangements and provide for temporary water and The Contractor shall provide, maintain, and remove upon
electricity required during the construction. Contractor shall completion of the work all temporary rigging, scaffolding,
provide and install temporary utility meters during the hoisting equipment, rubbish chutes, ladders to roof,
contract construction period.These meters will be read and barricades around openings,and all other temporary work as
the Contractor will be billed on this actual use. The required to complete all work of the Contract. Contractor
Contractor shall provide all labor and materials required to shall coordinate the use and furnishing of scaffolds with his
tap into the utilities. The Contractor shall make the sub-contractors.
connections and extend the service lines to the construction
area for use of all trades. Upon completion of the work all The Contractor shall provide, maintain, and remove upon
utility lines shall be removed and repairs made to the completion of the work, or sooner, if authorized by the
existing lines. Only utilities at existing voltages, pressures, Architect, all fences, barricades, lights, shoring, pedestrian
frequencies,etc.will be available to the Contractor. walkways, temporary fire escapes, and other protective
structures or devices necessary for the safety of workmen,
Water. Provide an ample supply of potable water for all City employees,equipment,the public and property.
purposes of construction at a point convenient to the project
or as shown on the Drawings.Pipe water from the source of All temporary construction and equipment shall conform to
supply to all points where water will be required. Provide all regulations, ordinances, laws and other requirements of
sufficient hose to carry water to every required part of the the authorities having jurisdiction, including insurance
construction and allow the use of water facilities to companies, with regards to safety precautions, operation
subcontractors engaged on the work. Provide pumps, tanks and fire hazard.
and compressors as may be required to produce required
pressures. The Contractor shall provide and maintain pumping facilities,
Including power,for keeping the site,all times,whether from
Electric Service. Provide adequate electric service for power underground seepage,rainfall,drainage of broken lines.
and lighting to all points where required.Temporary,electric
service shall be of sufficient capacity and characteristics to The Contractor shall maintain provision for dosing and
supply proper current for various types of construction tools, locking the building at such time as possible to do so. if this
motors, welding machines, lights, heating plant, air is not feasible,maintain a night
conditioning system, pumps, and other work required.
Provide sufficient number of electric outlets so that 50 foot The Contractor shall provide and maintain all barricades or
long extension cords will reach all work requiring light or enclosures, required to protect the work In progress from
power. outside elements,dusts,and other disturbances as a result
of work under this Contract. Such protection shall be
Lighting. Supply and maintain temporary lighting so that positive,shall meet the approval of the Architect and shall be
work of all trades may be properly and safely performed, In maintained for the duration of the construction period or as
such areas and at such time that day-lighting is Inadequate. required to provide for the protection as specified.
Provide at least 0.75 watts of incandescent lighting per
squgr4e foot and maintain a socket voltage of at least 110 P-10 PROJECT BULLETIN BOARD. The Contractor
volts.Use at least 100 waft lamps. In any event,the lighting shall furnish,install and maintain during the life of the project
intensity shall not be less than 5 foot candles in the vicinity of a weather-tight bulletin board approximately 3 feet high by 5
work and traffic areas. feet wide having not less than two hinged or sliding glass
doors with provisions for locking.The bulletin board shall be
mounted where and as approved by the Architect, in a
GC-21 of 24
5/5/2000
prominent place accessible to employees of the Contractor
and sub-contractors,and to applicants for employment.The _
bulletin board shall remain the property of the Contractor and
shall be removed by him upon completion of the Contract
work. The following information which will be furnished by
the City to the Contractor, shall be posted on the bulletin
board and shall be maintained by the Contractor in easily
readable condition at all times for the duration of the
Contract
a. The Equal Opportunity Poster and Notice _
Nondiscrimination of Employment(Standard Form
38).
b. Wage Rate Information Poster (Form SOL 155),
with the Contract Schedule of minimum wage „
rates as required by the Davis-Bacon Act
C. Safety Posters.
SECTION Q
VENUE
Should any action arise out of the terms and condilions of
this contract, venue for said action shall lie In Tarrant
County,Texas.
GC-22 of 24
5/5/2000
GENERAL CONDITIONS
INDEX
D-22 Cutting and Patching of Work
A DEFINITIONS PROCEDURES AND D-23 Cleaning Up
INTERPRETATIONS D-24 Communications
A-1 Contract Documents E SUBCONTRACTORS
A-2 Entire Agreement
A-3 Work E-1 Definition
A-4 Execution of the Contract Documents E-2 Award of Subcontracts
A-5 Familiarity with Proposed Work E-3 Terms of Subcontracts
A-6 One Unified contract E-4 Minority and Women's Business Enterprise
A-7 Division of Work (M/WBE)
A-8 Interpretations E-5 Payments to Sub-Contractors
A-9 Copies of Working Drawings and
Specifications F SEPARATE CONTRACTS
A-10 Minority and Women's Business Enterprise
Policy F-1 Owners Right
A-11 Correlation and Intent F-2 Mutual Responsibility of Contractors
A-12 Age F-3 Cutting and Patching Under Separate
A-13 Disability Contracts
F-4 Owners Right to Clean Up
B IDENTITY OF ARCHITECT
G MISCELLANEOUS PROVISIONS
B-1 Contract Administration
B-2 Termination and Suspension of Work G-1 Conflict of Laws
B-3 Duties of Architect G-2 Governing Laws
B-4 Architect as Representative of the Owner G-3 Personal Liability of Public Officials
B-5 Access to Job Site G-4 Compliance with Laws
B-6 Interpretations G-5 Indemnification
B-7 Authority to Stop Work G-6 Successors and Assigns
B-8 Miscellaneous Duties of Architect G-7 Written Notice
B-9 Termination of Architect G-8 Surety Bonds
G-9 Owners Right to Cary Out the Work
C OWNER G-10 Royalties and Patents
G-11 Tests
C-1 Identification G-12 Interruption of Existing Utilities Services
C-2 Duties of the Owner G-13 Laying Out Work
C-3 Instructions G-14 Measurements
C-4 Access to Job Site G-15 Existing Overhead or Underground Work
C-5 Progress Inspections G-16 Alignment of Joints in Finish Materials
C-6 Authority to Stop Work G-17 Integrating Existing Work
C-7 Substantial Completion Inspection G-18 Hazardous Material Certification
C-8 Right to Audit G-19 Location of Equipment and Piping
G-20 Overloading
D CONTRACTOR G-21 Manufacturers Instruction
G-22 Cleaning Up
D-1 Identification G-23 Dust Control
D-2 Independent contractor G-24 Fire Protection
D-3 Subletting G-25 Cutting and Patching
D-4 Review of contract Documents G-26 Project Closeout
D-5 Supervision G-27 Guarantee and Extended Guarantee
D-6 Labor and Materials G-28 Y2K Compliance Requirements
D-7 Prevailing Wage Rate G-29 Record Drawings
D-8 Warranty G-30 Construction Fence
D-9 Taxes G-31 Product Delivery,Storage,Handling
D-10 Licenses,Notices and Fees G-32 Removal of Salvaged Material
D-11 Cash Allowances G-33 Manufacturers Reference
D-12 Superintendent
D-13 Responsibility for Employees and Sub- H CONTRACT TIME
contractors
D-14 Failure to Commence work H-1 Definitions
D-15 Progress Schedule H-2 Progress and Completion
D-16 Drawings and Specifications at the Site H-3 Delays and Extension of Time
D-17 Shop Drawings and Samples H-4 No Damage for Delay
D-18 Site Use
D-19 Safe Work Practices I PAYMENTS AND COMPLETION
D-20 Field Offices and Sheds
D-21 Trench Safety 1-1 Contract Sum
GC-23 of 24
5/5/2000
1-2 Schedule of Values L-5 Field Orders
1-3 Adjustment of Quantities
1-4 Progress Payments M UNCOVERING AND CORRECTION OF
1-5 Certificates for Payment WORK
1-6 Payments Withheld
1-7 Unresolved Claims M-1 Uncovering of Work
1-8 Liquidated Damages M-2 Correction of Work
1-9 Failure of Payment M-3 Acceptance of Defective or Non-Conforming
1-10 Substantial Completion and Final Payment Work
J PROTECTION OF PERSONS AND N TERMINATION OF THE CONTRACT
PROPERTY .�
N-1 Termination by the Contractor
J-1 Safety Precautions and Programs N-2 Termination by the Owner
J-2 Safety of Persons and Property
J-3 Hard Hats O SIGNS
J-4 Emergencies
P TEMPORARY FACILITIES
K INSURANCE
P-1 Scope
K-1 Insurance Required P-2 Use of Temporary Facilities
P-3 Maintenance and Removal
K-2 Workers'Compensation Insurance P-4 Field Offices and Sheds
K-3 Liability Insurance P-5 Telephone
K-4 Builder's Risk Insurance P-6 Toilet Facilities
K-5 Proof of Insurance P-7 Utilities
K-6 Other Insurance Related Requirements P-8 Heating
L CHANGES IN THE WORK P-9 Temporary Construction,Equipment and
Protection
L-1 Change Order P-10 Project Bulletin Board
L-2 Claims for Additional Cost or Time Q VENUE
L-3 Overhead Allowance for Changes
L-4 Minor Changes In the Work
00000
GC-24 of 24
5/5/2000
ATT713574MOD22000.txt
General Decision Number TX000061
Superseded General Decision No. TX990061
State: TEXAS
Construction Type:
BUILDING
County(ies) :
JOHNSON PARKER TARRANT
BUILDING CONSTRUCTION PROJECTS (does not include single family
homes and apartments up to and including 4 stories) . Use curren
heavy and highway General Wage Determination for Paving
Incidental to Building Construction in Tarrant County and for
Paving and Utilities .incidental to Building Construction in
remaining Counties. )
Modification Number Publication Date
0 02!11/2000
1 02/18/2000
2 03/17/2000
COUNTY(ies) :
JOHNSON PARKER TARRANT
* BRTXOOO1G 11/01/1999
Rates Fringes
Bricklayers 16.05 3.05
----------------------------------------------------------------
CARP1421A 05/01/1995
Rates Fringes
MILLWRIGHTS 16.49 3.92
----------------------------------------------------------------
ELEC0116C 06/01/1999
Rates Fringes
ELECTRICIANS:
LINEMAN 19.65 10%+2.45
CABLE SPLICER 21.62 10%+2.45
----------------------------------------------------------------
IRON0263B 06/01/1999
Rates Fringes
IRONWORKERS (Structural) 16.15 4.05
----------------------------------------------------------------
SFTX0669A 01/01/2000
Rates Fringes
SPRINKLER FITTERS 20.62 5.95
----------------------------------------------------------------
SUTX1073A 11/01/1989
Rates Fringes
ACOUSTICAL INSTALLERS 11.23
Page 1
ATT713574MOD22000.txt
CARPENTERS (Excluding drywall
hangers, acoustical installers &
batt insulators) 12.27 2.22
Carpenters doing drywall hanging
only 10.00
CEMENT MASONS 10.16 .76
DRYWALL FINISHERS 11.18 2.21
GLAZIERS 11.37 1.31
LABORERS (Including Mason
Tenders & Pipelayers) 7.46 1.00
LANDSCAPE LABORERS 5.15
MECHANICAL INSULATORS 10.92 1.00
PAINTERS, BRUSH & SPRAY
(excluding Drywall Finishing) 10.47 2.21
PLASTERERS 11.50
PLUMBERS & PIPEFITTERS (Including
HVAC work) 13.34 2.15
POWER EQUIPMENT OPERATORS:
Backhoes 12.30 1.82
Cranes 14.26 2.44
Foundation Drill Operators 8.54 -
Graders 11.69 1.80
ROOFERS 9.50 .99
SHEET METAL WORKERS (iNCLUDING -
HVAC Duct Work) 12.63 2.10
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
----------------------------------------------------------------
WELDERS - Receive rate prescribed for craft performing operation
to which welding is incidental.
----------------------------------------------------------------
----------------------------------------------------------------
Unlisted classifications needed for work not included within
the scope of the classifications listed may be added after -
award only as provided in the labor standards contract clauses
(29 CFR 5.5(a) (1) (v) ) .
---------------------------------------------------------------- -
In the listing above, the "SU" designation means that rates
listed under that identifier do not reflect collectively
bargained wage and fringe benefit rates. Other designations
indicate unions whose rates have been determined to be r
prevailing.
WAGE DETERMINATION APPEALS PROCESS
1. ) Has there been an initial decision in the matter? This can
be:
* an existing published wage determination =
* a survey underlying a wage determination
* a Wage and Hour Division letter setting forth a
position on a wage determination matter
* a conformance (additional classification and rate)
ruling
Page 2
ATT713574MOD22000.txt
On survey related matters, initial contact, including requests
for summaries of surveys, should be with the Wage and Hour
Regional Office for the area in which the survey was conducted
because those Regional Offices have responsibility for the
Davis-Bacon survey program. If the response from this initial
contact is not satisfactory, then the process described in 2. )
and 3.) should be followed.
With regard to any other matter not yet ripe for the formal
process described here, initial contact should be with the Branch
of Construction Wage Determinations. Write to:
Branch of Construction Wage Determinations
Wage and Hour Division
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
2.) If the answer to the question in 1. ) is yes, then an
interested party (those affected by the action) can request
review and reconsideration from the Wage and Hour Administrator
(See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to:
Wage and Hour Administrator
U.S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
The request should be accompanied by a full statement of the
interested party's position and by any information (wage payment
data, project description, area practice material, etc. ) that the
requestor considers relevant to the issue.
3.) If the decision of the Administrator is not favorable, an
interested party may appeal directly to the Administrative Review
Board (formerly the Wage Appeals Board) . Write to:
Administrative Review Board
U. S. Department of Labor
200 Constitution Avenue, N. W.
Washington, D. C. 20210
4.) All decisions by the Administrative Review Board are final.
END OF GENERAL DECISION
Page 3
r
WEATHER TABLE
Month Average Inches of Snow/Ice
Days of Rainfall Pellets
Rain
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 "
i 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 a given month, the contract period will be adjusted by Change
Order.
FoPTW0FTH
TEXAS CERTIFICATE OF EXEMPTION
I 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.
Description of Items(or an attached order or invoice) To be Purchased: All Items
I claim this exemption for the following reason:
Name of exemption organization: City of Fort Worth
(J
Texas Sales and Use Tax Perrt#1-75-6000528-6
I understand that I will be liable for a eat of sales to whit become due for failure to
comply with the provision of th tes,c ty and or metropolit ansit authority sales and use tax
laws and comptrollVax
a mg exe pt purchases&4bi ity for th x will be determine by
the price paid fort taxte s Xinan
the (rket rent value or the period of time
use.
I understand that Imeanex tierti to to the seller taxable items
which I know,at the time o[p cha other than that expensed In this
certificate and upon convi n, offense.Munleipallties are granted emonstitution,ART 8,Section I.
Purchasers: City of FortWorth
Street Address: 1000 Throckmorton
City,State,Zip Code: Fort Worth Texas 76102
Signature/Title.
Pu g a er
L..
Date: hone:
Fax:
This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or
"tax exempt"numbers do not exist.
r•
This certificate should be furnished to the supplier. Do not send the completed certificate to the
Comptroller of Public Accounts.
r
FINANCE DEPARTMENT
PURCHASING DIVISION
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102
(817)871-8360 * FAx(817)871-8440
b Printed on recycled
A
PROJECT DESIGNATION SIGN
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Fo IDX-r rx Ov'rH
I IN-JU
slow
3"
3" Project Title
4"
4'-0"
-�r Contractor:
err'
Contractors Name
I-W"
r �' FUNDED BY
2-irr
�.�rz• _ SCHEDULED COMPLETION DATE
YEAR
s-ur
w°.ar
SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE,
CONTRACTOR,BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA.
CITY OF FORT WORTH LOGO IS AVAILABLE 1N A VECTOR FORMAT FROM THE CITY OF
FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE LINES THAT
'COMPOSE THE"STAR"ARE PMS 187.
City of Fort Worth
Fiscal Services Department
Affirmative Action Plan Under
Section 3 of The
Housing and Urban Development Act of 1968
Revised 4/00