HomeMy WebLinkAboutContract 35188C.�f 1 � ,���C�ET��Y�UI�
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CITY OF FORT WORTH
JOB ORDER CONTRACTING SERVICES AGREEMENT
THE STATE OF TEXAS
KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 20`h day of March A. D. 2007, by and between the CITY
OF FORT WORTH, a home-rule municipal corporation situated in Tarrant, Denton, Parker, and Wise
Counties, Texas, hereinafter called "Owner," by and through its duly authorized Assistant City Manager,
and Alpha BuildinA Corporation of the City of San Antonio, County of Bexar, State of Texas, hereinafter
called "Contractor," by and through its duly authorized representative. Owner and Contractor may be
referred to herein individually as a party and collectively as the parties.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the Job Order
Contract Services.
ARTICLE 1. DEFINITIONS
1.1 "Job Order Contract (JOC)" is a Firm Fixed Price, Indefinite Delivery/Indefinite Quantity
contract for minor construction, repair, rehabilitation, or alteration of a City facility. Projects will be authorized
by an individual written Job Order on an as-needed-basis. Job Orders will be in support of maintenance,
repair, alteration, renovation, and new construction. See Attachment A for Job Order form.
1.2 "Coefficient" means a numerical factor adjusting the marked up costs for the purpose of
this Contract. The Coefficient represents adjustments that are General Contractor's indirect costs or
profit. It is additional to the costs identified in the Unit Price Guide (UPG), as defined in paragraph 2.F
below, for the General Condition direct costs. The Coefficient includes general and administrative and
other indirect overhead costs, insurance and bonding costs, Project Manager and estimator's wages,
general clerical wages, contingencies such as changes in wage rates and inflation, JOC contractor's profit,
and all other indirect costs. Separate coefficients may be used for normal working hours and non-normal
working hours. See Attachment B for example of cost development and application of the Coefficient.
Attachment C is the Contractor's Request for Proposal submittal for the Coefficient and will be part of this
Contract.
1.2.1 "Standard working hours" are 7:30 a.m. to 5:00 p.m., CST Monday through
Friday, unless alternate standard hours are agreed to for an individual Job Order.
1.2.2 "Non-standard working hours" are hours worked before 7:30 a.m. and after
5:00 p.m., CST Monday through Friday, and all hours worked on Saturdays,
Sundays, and recognized holidays that are ordered by the Owner on an individual
Job Order issued or as expected elsewhere in the contract documents
1.3 "Non pre-priced item (NPI)" means a necessary, but incidental, part of a job or project
ordered under a Job Order Contract that is not unit priced using the pre-priced tasks in the UPG or other
current R, S. Means publications. The Coefficient applied to a pre-priced item shall not be applied to a
non pre-priced item. The Owner may negotiate items of work not covered in the UPG or other current R.
S. Means publications, but within the scope and general intent of the contract at any time during the
contract term. Non pre-priced items of work, with a cumulative total of under $25,000 per Job Order, will
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be negotiated on an as-needed-basis and will be incorporated into the contract. NPI work will be included
as necessary for any Job Order.
1.4 "Statement of Work" means a description of a project to be ordered under a Job Order
Contract which contains sufficient detail to determine quantities and quality, and the time for performance.
1.5 "Work" means the maintenance, repair, alteration, renovation, new construction and/or
services required by the Job Order and Contract Documents, whether completed or partially completed,
and includes all labor, materials, equipment, plant and services provided or to be provided by the
Contractor to fulfill the Contractor's obligations to satisfy the Scope of Work.
1.6 "Unit Price Guide (UPG)" means a compilation of real property repair, rehabilitation,
alteration, maintenance, and new construction tasks, along with associated units of ineasure and unit
prices designated or provided by the Owner to be used in administration of this Contract. Unit prices
include direct material, labor, and equipment costs, but not indirect costs or profit. The Unit Price Guide
for this Contract is R. S, Means, Facilities Construction Cost Data. The current City Cost Index for the City
of Fort Worth of 81.40% will be used for the JOC until the book publication of the new R. S. Means for the
new calendar year and is hereby incorporated by reference. The UPG will be revised once a year when
the new R. S. Means is published (new book published annually and not quarterly adjustments) and be
used for the Contract extension period. The unit prices from the "including overhead and profit" column of
the UPG, with individual unit prices will be adjusted by the Average City Cost index for the City of Fort
Worth prior to adjusting the cost proposals by the Coefficient. See Attachment B for example of cost
development and application of City Cost Index. For those job items not listed in the Specified R. S.
Means Facilities Construction Cost Data Book, pricing shall be determined by applying the same
Coefficient as utilized on the R. S. Means Facilities Construction Cost Data Book to other applicable
current R, S. Means publications. If the work is so specific that it is not included in other R. S. Means
publications, and if the cumulative total of the unspecified work is less than $25,000 per Job Order, then
the City may negotiate a mutually agreed price for the work as described in Paragraph 2.F, Non Pre-
Priced Item.
1.7 "Contract Documents" means the Job Order, in accordance with the Statement of Work,
General Conditions, Special Conditions, Addenda, Speci�cations, and Drawings for each Job Order, the
Minority and Women Business Enterprise Plan, which collectively form the "Project Contract."
ARTICLE 2. SCOPE OF SERVICES
The Contractor shali furnish all of the materials and perform all of the work shown on the drawings and
described in the specifications associated with any Statement of Work provided by the Owner for a Job Order
hereunder. The Project Architect for each individual project shall be identified and specified in the individual
Job Order. The Contractor shall do everything required by the Contract Documents.
ARTICLE 3. INSURANCE REQUIREMENTS FOR DESIGN AND CONSTRUCTION
Insurance Requirements for Contractor's Design Professionals. The City may require that the
Contractor provide all architectural and engineering services required for individual Job Orders. Said design
services shall be obtained pursuant to Chapter 1001 and/or 1051 of Occupations Code. The architect and/or
engineers used by the Contractor must have a current professional license in the State of Texas and comply
with the following City insurance requirements:
The architect and/or engineer shall maintain the following insurance coverage with carriers acceptable to the
City, such insurance to be in at least the following amounts:
Commercial General Liability $1,000,000 Per Occurrence
$2,000,000 Aggregate
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JOC Contract Agreement, March 2007
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
Business Automobile
Combination Single limits
Professional Liability Insurance
(Errors and Omissions)
$100,000 Each Accident
$500,000 Disease - Policy limit
$100,000 Disease - Each Employee
$1,000,000 Each Accident
$1,000,000 Per Claim
$1,000,000 Aggregate
Contractor's insurance Requirements. Contractor shall not commence work under a Job Order until it
has obtained all insurance required under the Project Contract, and such insurance has been approved by
the Owner.
Commercial General Liability Insurance: The Contractor shall procure and shall maintain during the life of the
JOC public liability insurance coverage in the form of a Commercial General Liability insurance policy to
cover bodily injury, including death and property damage at the following limits: $1,000,000 each occurrence
and $2,000,000 aggregate limit. The insurance shall be provided on a Job Order specific basis and shall be
endorsed accordingly. The insurance shall include, but not be limited to, contingent liability for independent
contractors, XCU coverage, and contractual liability.
Worker's Compensation Insurance;
Statutory limits
Employer's Liability $100,000 disease each employee
$500,000 disease policy limit
$100,000 each accident
Business Automobile Liability: $100,000 each accident. The policy shall cover any auto used in the course
of the Job Order project.
Builder's Risk or Installation Floater: This insurance shall be applicable according to the property risks
associated with the Job Order project and commensurate with the contractual obligations specified in the
contract documents.
Excess Liability Umbrella: $1,000,000 each occurrence and �2,000,000 aggregate limit. This insurance
shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the
form(s) of the underlying policies.
Scope of Insurance and Special Hazard: The insurance required under the above paragraphs shall provide
adequate protection for the Contractor and its subcontractors, respectively, against damage claims which
may arise from operations under this contract, whether such operations be by the insured or by anyone
directly or indirectly employed by it, against any insurable hazards which may be encountered in the
performance of the Contract.
ARTICLE 4. TIME OF COMPLETION
For each Job Order, the Owner shall provide a written Notice-to-Proceed (NTP) in which a date for
commencement of the work shall be stated. The Contractor shall complete the work within the number of
calendar days specified in the Job Order after such commencement date. Approved Change Orders may
extend such completion dates. The time set forth for completion of the work for each Job Order is an
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JOC Contract Agreement, March 2007
essential element of the Contract. The Contractor acknowledges that time completion will be of the essence
in the completion of any Job Order and that failure to complete the work within the stated number of calendar
days will result in the assessment of liquidated damages in an amount identified in the General Conditions
_ _ _
section I-8, or unless specifically included on the Job Order.
ARTICLE 5. TERM OF CONTRACT
The JOC shall commence as of the date it is legaliy executed by the parties (the "Effective Date") and shall
automatically expire one year after the Effective Date (the "Expiration Date"), if not terminated earlier, or
extended as described below, and no Job Order may be issued after the Expiration Date, except that the
terms of the JOC shall survive as to any work in progress, unfinished work, defective work, and warranty and
indemnification obligations of the Contractor on or after such expiration date. The JOC shall be renewable at
the Owner's option for up to four additional one-year terms. The Owner may exercise its option to renew by
written notice to the Contractor within ten (10) calendar days prior to the expiration of the JOC provided that
the Owner gives the Contractor a preliminary written notice of its intent to renew at least sixty (60) calendar
days before the JOC expires. The preliminary notice does not commit the Owner to a renewal. If the Owner
exercises a renewal option, the renewal shall be considered to include this option provision.
ARTICLE 6. CONTRACT SUM
Owner shall pay Contractor for performance of the Job Order Contract on an individual Job Order basis
based on the associated Statement of Work, subject to additions and deductions provided therein, and
make payment on account as hereinafter provided. The price for a job or project ordered by the Owner
under this JOC (the "Job Order Sum") shall be based on the Unit Price Guide and the Coefficient, and any
non pre-priced items. Non pre-priced items shall not exceed fifty percent (50%) of the value of the Job
Order. The Owner shall have the unconditional right to withdraw its Job Order at any time before or after
the Contractor has submitted its proposal for the Job Order. If the Job Order is withdrawn, Contractor
shall not be entitled to any compensation or reimbursement of any costs incurred by the Contractor of any
nature for the withdrawn Job Order. For a Job Order under this JOC to become effective, it must be (a)
signed by the Owner and the Contractor, (b) a fixed price, lump sum contract, and (c) based on a
Statement of Work incorporated into the Job Order.
ARTICLE 7. M�NORITY AND WOMEN BUSINESS ENTERPRISE (MNVBE) UTILIZATION PLAN
in accordance with City of Fort Worth Ordinance No. 15530 ("Ordinance"), the Owner has goals for the
participation of Minority Business and Women Enterprise (M/WBE) in the City of Fort Worth contracts. The
Contractor acknowledges the M/WBE goals established for this contract and its commitment to meet that
goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of
fraud by the Contractor may result in the termination of this Contract and debarment from participating in City
of Fort Worth contracts for a period of time of not less than three (3) years.
The M/WBE goal for the JOC is 25%. Analysis of whether such M/WBE goal is met will be measured on
an aggregate basis for the entire term of the Contract, The Contractor is also responsible to contact the
M/WBE Office to obtain lists of certified M/WBE firms in order to meet this goal.
The M/WBE firm(s) must be located or doing business in the City's geographic market area at the time of
individual Job Order statement of work and cost proposal. The City's geographic market includes the
foilowing nine (9) counties: Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall.
The M/WBE firm(s) must also be currently certified or in the process of being certified by the North
Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation
(TXDOT), Highway Division. Contact the M/WBE Office (817 392-6104) to obtain lists of certified
subcontractors and suppliers.
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JOC Contract Agreement, March 2007
Contractor shall deliver the monthly M/WBE reports and supporting documentation to the M/WBE Office,
which will verify that payments have been made to M/WBE subcontractors on each completed Job Order.
On Job Orders that extend over 30 days in duration, the M/WBE Office will verify that payments have
been made to the MlWBE subcontractors for work in-place. Copies of these documents shall accompany
the Contractor's invoice(s). The Project Manager (Facilities Management Group in the Transportation and
Public Works Department) will only verify the completion of work for each Job Order and not M/VVBE
participation or payment to M/WBE subcontractors.
ARTICLE 8. PAYMENT BOND AND PERFORMANCE BOND
For construction costs of individual Job Orders in excess of $25,000, the Contractor will be required to
give the Owner surety in a sum equal to the amount of the Job Order awarded. The form of the bond shall
be as herein provided and the surety shall be acceptable to the Owner. All bonds furnished hereunder
shall meet the requirements of Texas Government Code Section 2253, as amended.
In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from
the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under
federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is
authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority
from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required
under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon
request. The Owner, in its sole discretion, will determine the adequacy of the proof required herein.
No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or
which are interested in any litigation against the Owner. Should any surety on the contract be determined
unsatisfactory at any time by the Owner, notice will be given to the contractor to that effect and the
contractor shall immediately provide a new surety satisfactory to the Owner.
If the construction cost for a Job Order 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 Owner.
If the construction cost of the Job Order is in excess of $25,000, a Payment Bond shall be executed, in the
amount of the Job Order, solely for the protection of all claimants supplying labor and materials in the
prosecution of the work.
If the construction cost of the Job Order is in excess of $100,000, a Performance Bond shall also be
provided, in the amount of the Job Order, 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 Owner (City of Fort Worth).
ARTICLE 9. WAGE RATES
Not less than the prevailing wage rates must be paid for the specific Job Order project. On Job Orders
where special wage rates (e. g. Davis-Bacon) apply, then the Contractor must meet ail requirements of
such programs.
ARTICLE 10. WORKERS COMPENSATION INSURANCE
Contractor will be required to demonstrate that Workers Compensation Insurance coverage is in effect at
time of issuance of each Job Order. A Certificate of Insurance, or other proof will be required.
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JOC Contract Agreement, March 2007
ARTICLE 11. TAXES
The Owner is a tax-exempt entiry and will provide Contractor with_proof of said exemption. Equipment
and materials not consumed by or incorporated into the work are subject to State sales taxes.
ARTICLE 12. PERMITS
Contractor shall apply for all City of Fort Worth Permits and for any other permits required by the specific
Job Order projects. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may
be required for each work location.
ARTICLE 13. UTILITIES AND IMPACT FEES
The Owner will pay water and sewer ufility tap fees and impact fees. Unless shown otherwise, the Owner will
coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all
remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for
coordinating with City and utility companies for installation of utilities. Unless indicated otherwise on the
plans, the Contractor will be responsible for costs and installations from the building side of the water meter
and sewer tap.
ARTICLE 14. TESTING SERVICES
The Owner shall provide for, independently of the Contractor, the inspection services, the testing of
construction materials engineering, and the verification testing services necessary for the acceptance of the
construction work.
ARTlCLE 15. WARRANTY OF CONSTRUCTION
The Contractor shall warrant that work performed conforms to the Job Order requirements and is free of
any defect in equipment, material, design furnished, or workmanship performed by the Contractor or any
of its design professionals, subcontractors or suppliers at any tier. All work provided by the Contractor
shall be warranted for a minimum period of one (1) year from the date of final acceptance of the Job Order
work.
ARTICLE 16. RELATIONSHIP OF PARTIES
Contractor shall perform all work and services hereunder as an independent contractor, and not as an
officer, agent, servant or employee of Owner. Contractor shall have exclusive control of, and the
exclusive right to control the details of work performed hereunder, and all persons performing same, and
shall be solely responsible for the acts and omissions of its officers, agents, employees and
subcontractors. Nothing herein shall be construed as creating a partnership or joint venture between
Owner and Contractor, its officers, agents, employees and subconsultants (or subcontractors), and
doctrine of respondent superior has no application as between the Owner and Contractor.
ARTICLE 17. NO THIRD PARTY BENEFICIARIES
The JOC shall inure only to the benefit of the Owner and Contractor and third persons not privy hereto shall
not, in any form or manner, be considered a third party beneficiary of this JOC. Each party hereto shall be
solely responsible for the fulfillment of its own contracts or commitments.
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JOC Contract Agreement, March 2007
ARTICLE 18. OWNER INSPECTION AND ACCEPTANCE
Inspection and acceptance shall be as stated in the specific Job Order, in accordance with the Contract
Documents defined in Article 1. Definitions. Owner hereby reserves the right to perform inspections of the
work and any and all inspections performed by the Owner or by others for the Owner shall be for the sole
benefit of the Owner. The presence or absence of an Owner inspector does not relieve the Contractor from
any contract requirement, nor is the inspector authorized to change any term or condition of the Contract
Documents without the Owner's written authorization. Quality control for the work is the responsibility of
Contractor. Contractor shall, without charge, replace or correct work found by the Owner not to conform to
the contract requirements, unless in the public interest, the Owner consents to accept the work with an
appropriate adjustment in Job Order price.
ARTICLE 19. LIQUIDATED DAMAGES
For each consecutive calendar day after the completion period set forth in any Job Order issued that any
work, including the correction of deficiencies found during the final testing and inspection not completed,
but not including minor punch-list items, the amount stated in Section I-8 of the General Conditions per
day, unless a different amount is specified in a parficular Job Order, will be deducted from the money due
or which becomes due the Contractor for the Job Order, not as a penalty but as liquidated damages
representing the parties' estimate at the time of issuance of the Job Order of the damages which the
Owner will sustain for late completion.
ARTICLE 20. DELAYS AND EXTENSION OF TIME
Contractor may be granted an extension of time because of changes ordered in the Job Order, or
because of unforeseeable conditions deemed by the Owner as being beyond the Contractor's control,
which constitutes a justifiable delay. Requests for extensions of time must be made in writing no later
than twenty (20) calendar days after the occurrence of the delay or at the time of the next project
construction status meeting. Contractor may be allowed additional time at no cost to the Owner.
ARTICLE 21. CONTRACT PAYMENT
Contractor will receive payment for acceptable work-in-place based on payment schedule of values
submitted at the beginning of the project no-later-than thirty (30) days after receipt of the payment request
made to the Owner. Contractor will make payment to subcontractor's no-later-than ten (10) days after
receiving said progress payment from the Owner and subject to the subcontractors compliance with the
terms of its subcontract with the Contractor. Contractor shall submit to the Owner a breakdown of the
Contract Sum for the various classification of the Work at the beginning of the project for approval, which
will be used for evaluation of progress payments. The progress payments will be made when the
Contractor has submitted the payment request for work-in-place and all required documentation required
by the contract.
ARTICLE 22. WAIVER
No waiver by either party of any default of the other under the JOC shall operate as a waiver of any future or
other default, whether of a like or different character or nature.
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JOC Contract Agreement, March 2007
ARTICLE 23. SEVERABILITY
_ _ _
If any part of the JOC is contrary to any federal, state, or local law, it is not applicabie and such invalidity shall
not affect the other provisions or applications of this agreement which can be given effect without the invalid
provision or application and to that end the provisions of the JOC are declared to be severable.
ARTICLE 24. CONTRACT AMENDMENT
No other agreements, oral or written, shall constitute a part of the JOC, unless such be made in writing,
executed by the parties, and expressly made a part thereof, and approved in writing by the Owner,
ARTICLE 25. GOVERNING LAW AND VENUE
The JOC shall be governed by and construed and enforced in accordance with the laws of the State of
Texas. The parties agree that any action with respect to the JOC may only be brought in a court of
competent subject matterjurisdiction located in Tarrant County, Texas.
ARTICLE 26. INDEMNIFICATION
Contractor covenants and agrees to and does hereby indemnify, hold harmless and defend, at its own
expense, City, its officers, agents, servants and employees, from and against any and all claims or causes
of action arising out of the performance of the JOC, whether such claims arise out of contract or tort, suits
for property, whether real or personal, loss or damage, personal injury, including death, to any and all
persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with,
directly or indirectly, the work and services to be performed hereunder by Contractor, its officers, agents,
employees, subcontractors, licensees or invitees, wheiher or not caused, in who/e or in part, by the
alleged negligence of fhe officers, agents, servants, employees, contractors, subcontractors,
licensees and invitees of the City; and said Contractor does hereby covenant and agree to assume all
liability and responsibility of the City, its officers, agents, servants and employees for any and all claims or
suits for property loss or damage and/or personal injury, including death, to any and all persons, of
whatsoever kind of character, whether reai or asserted, arising out of or in connection with, directly or
indirectly, the work and services to be performed hereunder by Contractor, its officers, agents, employees,
subcontractors, licensees or invitees, whether or not caused, in whole or in part, by the alleged negligence
of the officers, agents, servants, employees, contractors, subcontractors, licensees and invitees of the
City. Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless City
from and against any and all injuries, damage, loss or destruction to property of City during the
performance of any of the terms and conditions of this JOC, whether arising out of or in connection
with or resu/ting from, in whole or in part, any and all al/eged acts or omissions officers, agenfs,
servants, employees, contractors, subcontracfors, licensees, invitees of City.
LAST ITEM
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JOC Contraci Agreement, March 2007
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in six counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the �day of ( , A.D., 2007.
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CONTRA T Ipha Buildi� rp r�tion APPROVED: �f�"� � 1
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By: � � By: � �
Kafhleen K. Acock Mar
Principal Assistant City Manager
APPROVAL RECOMMENDED:
By: ��� �
C�Robert Goode, PE
` Director, Transportation & Public Works Dept
APPRO'
By:
JOC Contract Agreement, March 2007
RECORDED:
By: '
Marty Hendrix
City Secretary
M&C C-22009
Contract Authorization
Date: March 20, 2007
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A�tachment A
- ----- -- - - - - -
ORT ORTH
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This Job Order is governed by all terms and conditions of the Contract referenced below which is hereby
incorporated by reference.
Owner:
Owner's Contract #:
Contract Job Order #:
Project Name:
Contractor:
DaEe of Contract:
Job Order Date:
Project Architect/ConstrucEion Manager:
06-OXX
Summary and Description of Statement of Work attached hereto:
Renovate......
NOTE: If JOC does design documents, they are the property of the City of Fort Worth.
Fund Account Center;
Value of pre-priced work based on the Unit Price Guide and Coefficient:
Not-to-Exceed $XXX,XXX (To be negotiated at schematics drawings & cost estimate)
Value of non-pre-priced work:
Construction/Permii Design =$XX,XXX ($X,XXX if project stopped after schematics)
Totai Fixed Price stipulated sum for this Job Order ("Job Order Sum"):
Construction NTE cost to be negotiated at time of schematic drawings and cost estimate
Notice to Proceed Date for this Job Order:
Completian Date for ihis Job Order:
LiquEdated Damages (if different than as set forth in Agreement):
TRANSPORTATION & PUBLIC WORKS DEPT
FACILITIES MANAGEMENT GROUP
�
XXXXXXXXX
Architectural Services Manager
Date:
CC: Sponsor Dept
MM/BE
TPW Admin/Project File
Project Mgr
Construction Mgr
Arch Services Mgr
XXXXXX CONSTRUCTION CO.
By:
XXXXX
Project Manager
Date:
11
JOC Contract Agreement, March 2007
_ _ _ At#achment_B
1.2 Coefficient and City Cost Index:
Example: The new construction of 10 linear feet of eight-foot non-load bearing gypsum
plasterboard on 4" metal sfud wall at 16" on center. Work to include two sides, painted,
and insulation. No electrical, doors, or windows. Standard hours.
Type of Work Unit Material Labor Equip, Total Tota(
3/8 in. gyp. on walls SF $.20
(160SF $32.00
18 ga.X 2.5 in. 160C LF $4.92
(10LF 49.20
3.5 in non-rigid . SF SF $.23
insulation 15 in. wide (80SF $18.40
Int. Paint (2 coats) SF $.09
With rafler (160SF $14.40
Rubber Base 4 in LF $.48
.080 in thick (20LF $8.00
$.25
$40.00
$6.55
$65.50
$.16
$8.00
$.28
$44.80
$.77
$15.40
Incl. O&P
$.45 $.61
$72.00 $97.60)
$11.47 $15.65
$114.70 $156.50)
$.39 $.50
$26.40 $40.00)
$.37 $,52
$59.20 $83.20)
$1.19 $1.60
$22.00 $32.00)
Sub-Total $269.30
City Cost Index Coefficient Cost
Weighted Average 85.40% $269.30 X 0.854 =$229.98 0.715 $164.44
Total allowable cost of work by JOC $164,44
8
Job Order Contract, Oct 2006
The Cify of Fort Worth, Texas Proposal Submitted by
Job Order Contract Services Alpha Building Corporation
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Price Proposai
Attachment E: Proposed Coefficients for Pre-priced, Standard and Non-Standard
Workinq Hours for the JOC and four one-vear renewal periods
Alpha Building Corporation has reviewed the contract documents included with the
Request for Proposal, the Means price book and the specifications.
The work to be performed under this Job Order Contract is essentially the same as
ALPHA has been performing since 1973. We are able to apply our current and extensive
experience and Knowledge, of not only the specifications, construction, qualiry and
management response requirements, but the know-how and understanding of working to
the expectations of the demanding Ciry environment.
Our analysis of the price considered the following overall contract elements:
.. • How we could best fit the desired structure of The City of Fort Worth.
• Identification of the project staff and support elements necessary to continue the
current level of quality, aflowing for contract growth.
• Contract requirements that incur costs that cannot be charged directly to individual
projects and which must be recovered in the overall coefficient.
• Our competitive position regarding our corporate general and administrative costs
and profit.
• Our cost of performing the construction requirements at similar projects.
• Evaluation of the RS Means price book in terms of our cost of performing the
construction requirements at similar projects.
• Our evaluation of potential cost increases over the life of this contract.
These evaluations were reduced to a coefficient for the bid items on the bid proposal
form Attachment E.
COEFFIC[ENT COMPONENTS
Our pricing considers several elements of direct and indirect cost, These are:
1. The direct cost of performing the construction in the City of Fort Worth market.
This element includes fabor, materials, equipment and other direct
construction cost items.
2. The indirect cost of project overhead and staffing.
3. Corporate general and administrative expense
4. Competitive Profit expectations
58 �
Use or Disclosure of Proposal Contents Subject to Restriction on Tiile Page of this Document
The Ciry of Fort Worth, Texas Proposal Submitted by
Job Order Contract Services Alpha Buildinq Corporation
�--- - .._.. ..
�-/�:-�Direct eost / Nfeans Unit Price Book Evatuatron:
The Means prices were analyzed with our current pricing experience and the costs of
performing thre construction activities in the various divisions. We presently have eight
ongoing Job Order Contracts using R. S. Means in the central Texas region. We have
compared our actual buyout on these projects to verify our projected buyout for the City
of Fort Worih.
Our RS Means unit price book component is a"turn-key" evaluation of the costs ofi
performing the construction. This evaluation method establishes the base for non-pre-
priced items (NPPI ) when estimating and soliciting independent pricing for items of work
not included in the RS Means book.
The Direct cost component has two major categories. Each is evaluated separately.
The first category includes both materials and equipment. The second is the labor factor
or cost of installation, as referred to in RS Means.
1. Material and Equipment Book Ad'lustments
Although two separate items of cost, Means combines materials and equipment for
purposes of localizing average costs, however, when utilizing the line items for project
pricing each category is treated separate(y. For purposes of calculating a coefficient
component we provide our adjustment to each category.
� It has been our experience that the material and equipment RS Means rates are fairly
consistent because of their large database and because these items are relatively easy
to price and not subject to variations in efficiency that impact labor rates. Utilizing the RS
Means cost evaluation for towns of similar size & circumstance; we calculated that
material and equipment rental prices could be slightly discounted.
Equipment adjustment for RS Means O&P Cost Fort Worth, reduction of .y0.
Materials as part of an estimate line item will also be discounted 0.10 from the amount
stated in the "O&P Cost" category times the City Cost Index (CCI) for Fort Worth. With
the City of Fort Worth using the O&P column we can reduce the cost an additional 10%.
Material adjustment for RS Means O&P Cost with Fort Worth CCI, reduction of .10.
2. Labor / Installation Book Adiustments
Labor costs are comprised of four basic components: the average hourly pay rate, the
labor burdens, taxes/insurance and a factor reflecting productivity.
A labor rate that is the average hourly pay rates promulgated by R. S. Means reflect
average labor costs from thirty major cities across the nation. Included in the survey are
Houston, Dallas and San Antonio. To _that Means suggests applying a factor to localize
the base rates to the project location RS Means lists the labor/installation cost for Fort
Worth to be only 62.8% of the national average. We do not see much allowable
adjustment to pay scales. However, the Installation rates also include productivity where
our experience indicates that in a smaller, more controlled market such as Fort Worth, we
experience an equally significant improvement in productivity factors. This improvement
59 ���°
Use or Disclosure of Proposal Contents Subject to Restriction on Title Page of this Document
The City of Fort Worth, Texas Proposai Submitted by
Job Order Contract Services Alpha Buildinq Corporation
r'---_-::-.._- -_-- -
resuE�s fro� our abifity-fo self petfior-m work artcf/or finc� t�acf�con�raeto�$ wh� h�v�lor�g-- -
tenured employees. This is not the labor rates but primarily in the productiviry of well-
supervised craftsman. Additionally we can allow for adjustment based on the allowances
in the RS Means O&P eolumn, we do not have the level of overhead nor anticipate the
level of profit provided for in the O&P column. For this contract we reduced the
labor/installation portion by 15%.
Labor adjustment for RS Means O&P Cost For� Worth JOC, reduction of ,15.
3. Total Direct Cost of Work —"Book Price"
The direct cost of work is the combination of the materials/equipment and labor
adjustment to the bare costs. For purposes of arriving at a single coefficient component
we factbr materials/equipment at 40% of the total price of work and labor as 60% of the
totai price of work.
Therefore,
■ The resulting material adjustment is (.10 X.40 =.04), (i.e. 10% reduction of equip
& materia7 cosfs esfimated to be 40% of projecf costs) and
■ The-fabor/productivity adjustment is (.15 X .60 = .09), (i.e. 15% reduction of - - -
installation costs estimated to be 60% of project costs).
� The resultant reduction is (.04 +.09 =.13), thus our analysis of the RS Means
O&P cost with Fort Worth wouild allow for the CCI to be .684, which is .13 less
( than RS Means factor of .814. (O&P Cost RS Means Q 1.00 X.814 (Fort Worth
CCI) X.84 =.684). Note the adjustment to the CCI is .84.
■ The combined adjustment to the RS Means for direct cost is.84
Our book price adjustment for the RS Means O&P Cost with CCI for
the Citv of Fort Worth is 0.84.
B. Indirect Costs: Project Overhead / General and Administrative Expense / Profit
1.0 Prolect Overhead
We have calculated our expected project overhead costs for performing the JOC for The
City of Fort Worth . Included in these costs are:
Cost of an on-site staff, project management, payroll taxes, insurance and fringe benefits
associated with the project management,
• Management Staff
• Field project office
� Office equipment and supplies
• Project mobi(ization and demobilization
o Corporate support
e Insurance
60 �/�
Use or Disclosure of Proposal Confents Subject fo Restriction on Title Page of this Document
7he City of Fort Worfh, Texas Proposal Submitted by
Job Order Contract Services Alpha Buildinq Corporation
; �� _
--- P�oteet S�a#f---0�►sfte rrtanageerient-and super-Visidn is=tFie-la�ges�sir�gfe rte�ro expe�s� - -
in the project overhead. It is also the sing(e most important part of our Job Order
Contract's ab�lity to provide The City of Fort Worth with a tearn to accomplish the work
and have the team become an augmentation to the Director, Transportation and Public
Works.
Key personnel who will be initially available for this contract are:
Project Manager/ Estimator
Construction QC / Safety — over site
Administrative Assistant / Office Manager
Superintendent (s) � onsite and charged directly to the project
The manner in which work will be accomplished and the volume of work will determine
the composition of the Alpha Building Corporation Project Office staff. We staff to satisfy
the needs of the City of Forf Worth.
The Alpha Project Office is estabfished to provide a Project Manager with the mission of
satisfying the requirements of the City of Fort Worth. The Project Manager and the staff
functions are described in our proposal.
Additional personnel will be brought on board when the volume dictates it to be prudent.
It is not cost efficient to plan for additional personnel at this time. Should the project
� require technical support for such things as project engineering, CAD drawing
development, or additional delivery order supervision, these persons will be brought on
board and the additional costs to the contract reconciled through the R. S. Means pricing
guidelines.
The project overhead component of the coefficient is based on the estimation of the
eventual project volume. Project overhead costs are reduced to a number that deseribes
the relationship between these costs and the anticipated volume. Our experience,
particularly at projects under our management is that it will maximize the contract volume.
Our projection is that our contract will grow to the $500,000 limit the first year. With the
$500,000 limit we would expect to maximize the contract at $2,500,000 of volume for 5
years, (Note- We are ready and capable of adjusting to a volume $20,000,000 should
additional traditional JOC work or Design Build Projects become available to us as your
JOC contractor.)
With the revenue established at $50n,000, the actual, by project cost is established
based on level of effort for each project and are basically the general conditions of a hard
bid type contract.
Project overhead for our The City of Fort Worth Project Office is calculated be at 10.1 %
of each project. Therefore to arrive at a single project overhead component, we use that
average as the portion of the coefficient that covers the field project office. This will result
in a coefficient adjustment of .101, or 10.1% project overhead for the costs resulting
directly from Project Management and Administration of the Fort Worth Project Office. (
61 ��'1
Use or Disclosure of Proposal Contenfs Subject to Restriction on Title Page of this Document
The City of Fort Worth, Texas Proposal Submitted by i
Job Order Contract Services Alpha Buildinq Corporaiion �
�� _ _ . . _
--- -- -- - TMis�does- r�o� inelude the onsi�e superintencting whieh-will be eharged direetly �a ��ie --- -- --
projects as needed. ) �
Our City of Fort Worth Project Office Overhead cost is .101
2,0 Bond Costs
Alpha understands that it may receive projects that do not reach the bonding requirement
level. Considering not ali of the projects wi�l reaeh the level requiring bonding, allows us
to include the cost of bonds in the coefficient at 1.9% which is less than actual cost for
performance and payment bonds.
Our City of Fori Worth Project Office Bond cost is Q.Q19
3.0 General and Administrative Expense (G&A)
Aipha Building Corporation has been able to maintain our General and Administrative
�xpenses at a low G&A of 5%. This allows us to be competitive and still maintain the
resources to operate the company in a solid'manner an�i pass the efficiencies on to our
customers. This component provides for the corporate office, corporate staff support,
legal, financial and other services.
Our City of Fort Worth Project Office G&A cost is 0.05
4.0 Competitive Project Expectations
Profit allows Alpha to maintain its strength and stay competitive and grow. Our profit
goals are 3%.
Our City of Fort Worth Project Office Profit cost is 0.03
COEFFICIENT SUMMARY
Normal*.
Normal
Direct Cost of Construction--------------------- 0.84
(Our Means unit price book evaluation w/Fort Worth CCI)
Project over head cost
Bonds ---
--------------- 0.101
�-------------- 0,019
Corporate G & A ---------------------------
Profit---------------------�----------------�---
TOTAL--------------------
0.05
0.03
1.04
Otherthan
0.91
0.151
0.019
0.05
0.03
1.16
-- -62 5��
Use or Disclosure of Proposal Contents Subject to Restriction on Title Page of this Document
The City of Fort Worth, Texas Proposal Submitted by
Job Order Confract Services Alpha Buildinq Corporation
t
' - �------------�tfie���ratrnorm�f-eor�sisfso�-wo�k �haf is sehed�fed to be perforrr�e�at tirnes other-- --- - � - -
than a normal work day. It is nof an overtime or fast track rate, which is addressed
separately.
Note the Coefficient is prepared to be multiplied by the Fort Worth CCI, that rs fhe sum of
O&P cost column times .814 (CCI) times 1.091 = job cost. Example if fhe sum of the
values in the O&P cost calumn equaled $i00,0�0 then the resulfant wou/d be: $100,000
X.814 =$81,400 X �.04 =$84,656 fhe price proposed. Which results in a total reduction
from the national average of $15,344 or a 95.3% savings.
We have included the cost of bonding in our coefficient. This is something we would be
open to discussion on. By not rncluding the bond in the coefficient means fhat only those
projects that require a bond get the burden, if it is in the coeffrcient, a portion of fhe cost is
included in every project. We are willing to pass through this fype of cost and what is
more important to you is we do nof hide any costs. There is no magic in fhis business
you get what you pay for and we wil! share our costs with you, so you can see what you
are getting.
This coefficient is based on the current RS Means books. Alpha will purchase new RS
Means books on a yeariy basis for our project office and Fort Worth. Our coefficient wili
remain the same for the duration of the contract (the base years and all option years and
applied to the most current R S Means books updated as stated in the RFP).
,- BACKGROUND AND CLARIFICATION
`' 1. The "Coefficient" offered by Aipha is a turn key coefficient, nothing will be added for
distance, small jobs or volume less than any given amount as is the process with the
cooperative type programs.
2. Inflation is taken into consideration by the use of the most current RS Means.
3. The coefficient applied to non-pre-priced items will be 1.20. That is the price of the
« ,�
item plus 20% to cover project overhead, bonding, G&A and profit. The method of
selecting the item, whether by Fort Worth's selection of the product - to multiple bids, will
be at the City's discretion. After the item cost has been estabiished it will be multiplied by
1.20.
4. The statement of work for each delivery order will be provided will contain description
of work and performance time.
5. The "Unit Price Guide" proposed is as described in the RFP. The coefficient and offer
is based on the current year RS Means Facility Construction Cost Data, Total, including
O&P Column adjusted by the Fort Worth Ciry Cost Index. Adjustment factors considered:
5.1 Distance - Alpha Building Corporation does not require an add for distance,
we anticipate being in and working in the Fort Worth area.
5.2 Job Order size factors — Alpha Building Corporation does not require an add
for smafl projects. We anticipate a mix of large and small projects. One of the
advantages of the JOC is to be able to accomplish small projects with a
reasonable overhead cost, we provide that advantage. We understand that the
job size indicated will be approximatefy $200,000. As a positive incentive for
larger work and the reduced level of administrative effor� required in performing it,
63 ��
Use or Disclosure of Proposat Contents Subject to Restriction on Title Page of this Document
The City of Fort Worth, Texas Proposal Submitted by
Job Order Contract Services Alpha Buiidinq Corporation
�=--�--_ -•• • � � - we-v�r�tk�negotiate a deduct�for projeets larger than $�5E};OOa o�-� %and-�hose-o�er- - -
$1,500,000 of 2%, should fhe need or desire occur by the Ciry of Forth Worth.
As an unsolicited otferAlpha offers to negotiate a deduction in our coefficienf for
projecfs larger than $750,000 of 2% and those over $1,500,000 of 2%.
5.3 Time of performance normal; overtime; weekend and holidays - Alpha
Buifding Corporation has provided a coefficient for normal and other than
normal work time. The other than normal coefficient provides for work on
weekends and evenings. For fast track or accelerated schedules, quick
delivery of material/equipment as accrued and time and a half for labor if
required will be negotiated.
5.4 Annual Volume — We understand that the current use of JOC within the Fort
Worth is set at $1,000,000 annually. However, if a volume of $3,000,000 is
reached we would expect to add additional personnel. If the volume in any
given year exceeds $4,000,000 we wiil negotiate a deduct of 2%.
As an additional unsolicited offer, Alpha will negotiate a deduct of �0% forany
�ssued delivery orders when the volume in any given year exceeds $2, 000,000.
We are willing to discuss any other method of pricing proposed. We have used many
approaches as requested from various clients in their RFP. We match our process with
what the client desires to use. , Alpha Building Corporation has a very competitive
�� overhead and very competitive profit goal and an extremely efficient process for
construction management. All our costs are real and we are more than willing to share
those with you to substantiate our competitiveness.
BEST VALUE
Job Order Contracting in Texas is Alpha's primary business. We have JOC contracts in
the Dallas and Stephenville area. We are an M/WBE and have been certified by South
Central Texas Regional Certification Authority and have submitted for the North Central
Texas Regional Certification Authority certification. We are a Texas general contractor
and have been since continuously since 1969. We have been very successful in
providing quality timely work to our customers using the JOC methodology, especially in
the state of Texas. We are excited about the opportunity of becoming your JOC
contractor and team member.
We have provided our break down of the coefficient to enable you to compare our
coefficient with other contractors and verify that we have priced all of the commitments
made with the Technical Proposal. We are confident of our price and our ability to
provide you the service expected. We look forward to the opportunity to serve you and
want to provide you with any clarifications or discussions you may desire in finalizing your
decision.
64 7�7
Use or Disclosure of Proposal Contents Su6ject to Restriction on Title Page of this Document
ACORDTM CERTIFICATE OF LIABILITY INSURANCE DATE(MMID�/YYYY)
os/aa/o�
PRODUCER 1-713-978-6668 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Wm. Rigg Co. - 8ouaton ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
10777 Weetheimer ALTER THE COVERAGE AFFORDED BY THE POLICIESBECOW.
Suite 300
Houston, TX 77042-3454
, Larry Rhodea INSURERS AFFORDING COVERAGE NAIC #
INSURED INSURERA:Ti'avEl2re IIIdemnity COIDp3ny Of CT
' Alpha Building Corporation
i INSURERB:The Travelere Indemnity Company
' 24850 Blanco Road INSURERC:Travelera Lloyda Inaurance Company
� Suite 200
�� San Antonio, TX 78258 INSURERD:Charter Oak Fire Insurance Company
� INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
INSR DD' POLICYEFFECTIVE POLICYEXPIRATION � � -
LTR N R POLICY NUMBER DATE MM DD D TE MM DD LIMITS
C GENERALLIABILITY C00324L15607 03�06�07 03/06/OS EACHOCCURRENCE $1,000,000
DAMAGETO RENTED
X COMMERCIALGENERALLIABILITI' PREMISES Eaoccurence $ 300, 000
CLAIMS MADE � OCCUR MED EXP (Any one person) $ 5, 0 0 0
X $BL $1,000,000 PERSONAL&ADVINJURY $1,000,000
GENERALAGGREGATE $ 2,000,000
GEN'LAGGREGATELIMITAPPLIESPER: PRODUCTS-COMPIOPAGG $Z.000,000
POLICY x jE � LOC
D AUTOMOBILELIAeILITY BA9994B612 03/06/07 03/06/OS
COMBINEDSINGLELIMIT t�1,000�000
-- X ANYAUTO , .. (Eaaccident)
ALL OWNEDAUTOS BODILY INJURY
SCHEDULEDAUTOS (Perperson) $
X HIREDAUTOS
BODILYINJURY $
x NON-OWNEDAUTOS (Peraccident)
PROPERTYDAMAGE $
(PeraccidenQ
GARAGELIABILITY AUTOONLY-EAACCIDENT $
ANYAUTO OTHERTHAN �ACC $
AUTOONLY: AGG $
A EXCESS/UMBRELLALIABILITY CUP5461B367 03�06/07 03/06/08 EACHOCCURRENCE $3,000,000
7� OCCUR � CLAIMSMADE AGGREGATE $ 3, 000,000
$
DEDUCTIBLE $
X RETENTION $ 10, 000 $
03/06/08 X WCSTATU- OTH-
B WORKERSCOMPENSATIONAND UB9834C372 03/06�07 TORYLIMITS ER
EMPLOYERS'LIABILITY l, 000, 000
E.L.�EACHACCIDENT $ .
ANYPROPRIETOR/PARTNER/EXECUTIVE l, 000, 000
OFFICER/MEMBER EXCLUDED9 E.L. DISEASE - EA EMPLOYEE $
Ifyes, describe under
SPECIALPROVISIONSbelow E.L.DISEASE-POLICYLIM�T $1,000,000
OTHER
C BQUIPMENT FLOATER QT6604268B66A 03/06/07 03/06/08 LEAS$D & R$NTSD 100,000
C INSTALLATION FLOATSR QT6604268B86A 03/06/07 03/06/OB ANY ONS PROJECT 3,000,000
DESCRIPTIDN OF OPERATION51 LOCATIONS / VEHICLES / EXCLUSIONS ADDED BY ENDORSEMENT/ SPECIAL PROVISIONS .
City of Fort Worth Tranaporation and Public Worka Department named additional ineured on GL/AL/Umbrella policies
and provided waiver of aubrogation on GL/AL/Umbrella/WC policiea all ae required in written contract entitled
"The City of Eort Worth, Texae, TPW 2007-01 Agreement for Job Order Contract Servicea, March 2007".
CERTIFICATE HOLDER
City of Fort Worth,
Tranaportation and Public Worka Department
Attn-Dalton Murayama AIA
319 West lOth Street
Fort Worth, TX 76102-4616
USA
ACORD 25 (2001/08) clockl
5873707
CANCELLATION (l0 DAYS NOC FOR NON-PAYMENT OF PRSMIUM)
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 3 � DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TQ THE LEFT, BUT FAILURE TO DO 50 SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER, ITS AGENTS OR
REPRESENTATIVES.
AUTHORIZED REPRESENTATIVE �
OACORD CORPORATION 1988
ACORD 25 (2001/08)
City of Fort WorEh, Texas
Transportaiion Public Works Department
_ _ _ _ ___ _ _ _ _ _ _ __ __ _ __ _ _ Facilities ManagemenE Group/Architectural Services Division
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
LIJMP SUiVt CQNTRACT
SECTION A
DEFINITIONS, PROCEDURE5 AND INTERPRETATIONS
A-1 CONTRACT DOCUMENT5: By the ierm Contract Documents is meant all of the wrilten and drawn documents setting
forth or affecting the rights of the parties, including bui noi necessarily limited to, the Contract, Notice to Bidders, Proposal, General
Conditions, Special Conditions, 5pecifications, Plans, Bonds and all Addenda, Amendments signed by ail parties, Change Orders,
written Interpretations and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT: The Contraci Documents represent the entire agreement between the Parfies, and no prior or
contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the
Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the
Contractor and the Owner, or Change Order, or by a written Field Order for a minor change.
A-3 WORK: By the term Work is meant all labor, supervision, maierials and equipment necessary to be used or incorporated
in order fo produce the construction required by Contract Documenfs.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originais, with all
required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure lo execute contracts and
provide required enclosures will be grounds for revocation of award and taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder shall examine carefully ihe, plans,
specifications, special provisions, and the form of contrect to be entered inio for the work contemplated. He shall examine the site
of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be
pertormed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence ihat he has complied with
these requirements and has accepied the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by
the plans will not be allowed.
A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a
single unified Contract. The intention of the Contraci Documents being to provide for all labor, supervision, materials, equipment and
other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade
meanings are used herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other
Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary
for the proper execution or progress of the work. Such Interpretations shall be furnished at ihe instance of the Architect or at the
request of the Contractor, or Owner, and will be issued with reasonable prompfness and at such times and in accordance with such
schedule as may be agreed upon. Such Interpretations shail be consistent with the purposes and intent of the Plans and
Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the
Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or
furnished by the Architect Contractor, or any subcontractor or materialsman, or involving any question of fault or liability of any party,
the decision of the Owner shall be final and binding.
In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of
precedence; Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and
dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions;
and, Construction Contract.
A-9 COPkES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect wili furnish to Contractor free of charge 15
sets of working Drawings and 15 sets of 5pecifications. Contractor shail pay the cost of reproduction for all other copies of
Drawings and Specifications furnished to him.
All Drawings, Specifications and copies thereof furnished by the Owner or ihe Architect are and shall remain the property of fhe
Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party fo the Contract, are
to be returned to the Owner on request at the completion of the work.
General Conditions for Facility Construction Lump Sum Contraci
Job Order Contract Agreement, March 2007 PBge 1 of 26
A-10 MINORITY AND WOMEN BUS{NESS ENTERPRISE (M/WBE) POLfCY: The City of Fort Worth has goals for the
participation of Minority and Women Business Enterprises (M/WBE) in City contracts. Compliance with ihe policies designed to
meet fhese goals is mandatory in order to be considered a responsive biddec The City policy and procedures to be followed in
submitting bids is included.
The City of Fort WoKh MWBE Program will take precedence over other subcontractor utilizaiion programs on Biock Grant and other
federally funded Projects,
A-'11 CORRELATION AND INTENT: In general, the drawings indicaie dimension, locations, positions, quantities, and kinds of
construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not
specified of vice-versa, shall be furnished as though set forth in both. Work not defailed, marked or specified shall be the same as
similar pa�ts that are detailed, marked or specified. If the drawings are in conflict or conflict with ihe specifications the better quality
or greater quantity or work or materials shall be esiimated and shall be furnished or included. Dimensions on drawings shall take
precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are
diagrammatic and job conditions may not allow insfallation in fhe exact location shown. Relocation shall not occur without the
Architects approval.
A-12 AGE: In accordance wiih the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants
fhat neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in
pertorming ihis contract, shall, in connection with the employment, advancement or discharge of employees or in connection with
the terms, conditions or privileges of their employment, discriminafe againsf persons because of their age excepl on the basis of a
bona fide occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neilher it nor its officers, members, agents, employees, subcontractors, program participants, or
persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum
age limit for such employment uniess the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory equipmeni.
Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or
allegations asserted by fhird parties or subcontractor against Ciiy arising out of Contractor's and/or its subcontractors' alleged failure
to comply with the above referenced Policy concerning age discrimination in the performance of this agreement.
A-13 DISABILITY: In accordance with ihe provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor
warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of
services to the general public, nor in the availabiliiy, terms and/or conditions of employment for applicants for employment with, or
employees of Contractor or any of its subconfractors. Contractor warrants it will fully comply with ADA provisions and any other
applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or
allegaiions asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged
failure to comply with the above-referenced laws concerning disability discrimination in the perFormance of this agreement.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION: Where the term "ArchitecP' is used in the "Generai Conditions of the Contract for
Construction", it shall refer to the Director, Transportation and Public Works or his designated Building Conslruction Manager. The
Director, Transportation will designaie a Project Manager and Building Consfruction Manager (BCM) io administer this contract and
perform the functions of the "Architecf' as indicaied in the Generai Condiiions. The design architect or engineer may aiso be
designated to perform the duties of "Architect". The term "City" and "Owner" are used interchangeably and refer to the City of Fort
Worth as represented by the Director of Transporlation and Public Works or his designated representative.
B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to ierminate the Project for any reason. If the
project is ierminated, the Contracior shall:
a) Stop work under the Contract on the date and io the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
c) Terminate all orders and subcontracts to the exient that they relate to the performance of the work ierminated by the
notice of termination.
After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work �ompleted;
provided, however, that the amount of payment on lermination shall not exceed the total contract price as reduced by the portion
thereof aliocatable to the work not completed and iurther reduced by the amount of payments, if, any otherwise made. Contractor
shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In
the event of any dispute or controversy as to the propriety or allowability of all or any portion of such ciaim under this paragraph,
such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract.
General Conditions for Facilily Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 2 of 26
- -- - - ---
B-3 DUTIES OF THE ARCH4TECT: As used herein, the term Architect means the Architect or his authorized representative.
Nothing conta.ined in these Contract Documents shail create any privify of Confract between the Architect and the Contractor.
B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager will provide general
administration of the Contraci on behalf of the Owner and will have authority to act as the representative of the Owner to the extent
provided in the Contract Documents unless changed in writing by the Owner. The Archifect will be available for conferences and
consultations with the Owner or the Contractor at all reasonable times.
8-5 ACCESS TO JOB SkTES: The Architect shall at all times have access fo the Work whenever it is in preparation and
progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the
Contract Documents.
The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if
the work is proceeding in accordance with the Contract documents. On the basis of on-site 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 Coniractor's applications for payments, the Building Construction Manager
will make determinations and recommendations concerning fhe amounts owing to fhe Contractor and will issue certificates for
payment amounts.
B-6 INTERPRETATIONS: The Architect wiil be, in the first insfance, the inierpreter of fhe requirements of ihe Plans and
Specifications and the judge of the performance thereunder by the Contracfor, subject to the final decision of the Owner,
The ArchitecYs decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents.
B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform io the Plans and
Specifications. In addition, whenever, in its reasonable opinion, the BCM considers it necessary or advisab(e in order to insure the
proper realization of the intent of the Plans and Specifications, the BCM will have authoriiy to require the Contractor to stop the
Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated,
installed or completed.
B-8 M15CELLANEOUS DUTIES OF ARCHITECT
Shop Drawinqs. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal
will be provided to ihe Owner by the Architect. Three copies will be returned to the Contractor.
Chanqe Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner
Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of
the project the Contractor shall provide the Owner five copies of each guarantee.
Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the
dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the
Certificate of Completion.
Operation and Maintenance Manuais The Owner will receive six copies of all applicable equipment insiallation, operation, and
maintenance brochures and manuals required of the Contractor.
B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Archiiect by the Owner, the
Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works, or
shall appoint a successor Architect against whom the Contractor makes no reasonable objection.
SECTION C
OWNER
C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representaiives
in the manner provided by law. Authorized representaiives include the City Manager, Assistant City Manager, the Director and of
Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a
designated representative will be a Building Construction Manager identified from within the Facilities Managemeni Group to act as
a point of contact for day-to-day contract administration.
C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility
locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and
familiarized himself iherewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the
Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liabiliiy for loss or
damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in
such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at
the request of ihe Contractor.
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 3 of 26
C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the eCM.
C-4 ACCESS TO JOB S17E: The Owner shail af all fime§ have access to the Work whenever it is in preparetion an
progress. The Coniractor shall provide facilities for such access so ihe Owner may perform its assigned functions under the
ConUact Documents.
C-5 PROGRESS 1NSPECTIONS: The Owner wili make visits to fhe Site to familiarize themselves with the progress and
qualiiy of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site
observations and reports concerning the progress and quality of lhe work, the Owner will approve and authorize the Contractors
applications for paymenis.
C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work ihat does not conform to the Plans and
Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper
realization of ihe intent of ihe Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or
any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of
the Work whether or not such Work be then fabricated, insialled or completed.
C-7 SUBSTAN7IAL COMPLETION INSPECTION; Upon agreemenf of the Contractor and Architect that the Work is
substantially compleie, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and atfended
by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or
deficient shall be incorporated into a punch list and attached to the AIA documeni G704, which is to be prepared and signed by the
Coniractor, and accepted, approved and signed by the Owner.
C-8 RIGHT TO AUDIT: Contractor agrees ihat the City shall, until the expiration of ihree years after final payment under this
coniraci, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor
involving transactions relating to this contract.
Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until ihe expiration of three years after final payment under the subconiract, have access to and the right to examine any
directfy pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term
"subcontracY' as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be requested by lhe city. The city agrees to reimburse Contractor for the
costs of copies at the rate published in the 7exas Administrative Code.
SECTION D
CONTRACTOR
D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor
means lhe Contractor or his authorized representative.
D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent
contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the
details of the Work and services performed hereunder, and all persons performing same, and Contraclor shall be solely responsible
for the acts of its officers, agents, and employees. Nofhing herein shall be construed as creating a partnership orjoint enterprise
between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply.
D-3 SUBLETTING: It is further agreed that ihe performance of this Contract, either in whole or in part, shall noi be sublet or
assigned to anyone else by said Contractor without the wriiten consent of the Director of Transporfation and Public Works of the
City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions
of the Confract, Drawings, Specificaiions, Addenda and modiflcations and shali at once repori to ihe Owner and to the Architect any
error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and
Interpretations.
D-5 SUPERVISION; The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely
responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinaiing aii portions of
the Work under the Contract Documents.
D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, ihe Contractor shail provide and pay for all labor,
materials, equipment, iools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and
services necessary for the proper execuiion and completion of the Work.
The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general
condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside
local area.
General Conditions for Facility Construction Lump Sum Contract
Job Order Confract Agreement, March 2007 Page 4 of 26
The Contractor shall af all times enforce strict discipline and good order among his employees, and shall not employ on the Work
any unfit person or anyone not skilled in the task assigned to him.
D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Dutv to pav Prevailinq Waqe Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code
(Chapter 2258), including the payment of not less ihan the rates determined by the City Council of the City of Foh Worth to be the .
prevailing wage rates in accordance with Chapter 2258. Such prevaifing wage rates are included in these contract documents.
Penaltv for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the
City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the
prevailing wage raies stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative
costs, pursuant to Texas Government Code 2258.023.
Complaints of Violations and Citv Determination�of Good Cause. On receipt of information, including a complaint by a worker,
concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the Ciiy shall make an
initial determination, before the 31s` day after the date the City receives the information, as to whether good cause exists to believe
fhai the violafion occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial
determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated
Chapter 2258, the CiFy shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and
wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final
determination of the violation.
Arbitration Required if Violation Not Resolved. An issue relating to an aileged violation of Section 2258.023, Texas Government
Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the
Texas General Arbitrafion Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do
not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph
(c) above. ff the persons required to arbitrate under this section do not agree on an arbitrator before the 11 th day after the date that
arbitration is required, a district court shall appoint an arbitrator on the petition of any of fhe persons, The City is noi a party in the
arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of
competent jurisdiction.
Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of
accepfance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the
construction of the Work provided for in this contract; and (ii) the actuai per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain
to this inspection.
Pav Estimates. With each partial payment estimaie or payroll period, whichever is less, the Contractor shall submit an affidavit
stating that the Contracfor has complied with the requirements of Chapter 2258, Texas Government Code.
Postinq of Waqe Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project ai all
times.
Subcontractor Comqliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to
comply with paragraphs (a) through (g) above.
On projects where special wage rates apply (e.g. Davis-Bacon) the Contractor agrees to meet all requirements of such programs.
D-8 WARRANTY: The Contractor warrants to the Owner and the Archiiect that all materials and equipment furnished under
this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in
conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required
by the Architect or ihe Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and
equipment.
The warranty provided in ihis Section shali be in addition to and not in limitation of any other warranty or remedy provided by law or
fhe Contract Documenis.
D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise
and Use Tax.
D-10 LICENSES. NOTICES AND FEES; The Contracior shali obiain all Permits, Licenses, Certificates, and inspections,
whether permanent or temporary, required by law or these Contract Documents.
The Contractor shail give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public auihority
bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at
variance iherewith in any respect, he shall promptly notify the Archftect Owner in writing and any necessary changes wiil be made. If
the Contractor performs any Work knowing that il is in violation of, or contrary io, any of such Laws, Statutes, Charter, Ordinances,
Orders or Directives, or Regulations without furnishing Notice to ihe Owner, the Contractor will assume full responsibility therefore
and bear all costs attributable thereto.
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 5 of 26
D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documenis. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the si[e, and all
applicabie taxes. The Contractors handling costs on fhe site, labor, installation costs, overhead, profit and oiher expenses
contemplated for the original allowance shall be included in the Contractor ,Sum and not in the allowance. The Contractor shail
cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direcf, but
he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more
than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional
handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from
any increase over the originai allowance.
D-12 SUPERtNTENDENT: The Contractor shali employ a competent superintendent and necessary assisfants who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the
Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if
given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on
writien request in each case.
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contracfor shall be responsible to the Owner
for the acts and omissions of all his employees and all Sub-coniractors, their agents and empioyees, and all other persons
performing any of the Work under a contract with the Contractor.
D-14 FAIIURE TO COMMENCE WORK: Should the Contractor fail io begin the Work herein provided for within the time
herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications
and Coniract Documents, then lhe Owner shall have the right to either demand the surety to take over the Work and complete same
in accordance with the Contracf Documents or to take charge of and complete the Work in such a manner as it may deem proper,
and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said pians and
specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, seiting forfh and
specifying an itemized statement of the total cost ihereof, said excess cost.
D-15 PROGRESS SCHEDULE: The Contracior, immediately after being awarded the contract, shall prepare and submit for
the ArchitecYs approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project.
This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as
required by the conditions of the Work, subject to the Architect's approval. It shall also indicaie the dates for submission and
approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials.
The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's
monthly progress payment requests.
D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE; The Contracior shail mainiain at the siie for the Owner one copy of
all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good
order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings,
marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work. The Architect
will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work.
D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, pertormance
charts, brochures and other data which are prepared by the Conlractor or any 5ubcontracior, manufacturer, supplier or distributor,
and which illustrate some portion of ihe Work.
Samples are physical examples furnished by the Contractor io illustrate materials, equipment or workmanship, and to establish
standards by which the Work will be judged.
The Conlractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to
cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop
Drawings and Samples required by the Contract Documents or subsequentiy by the Archiiect as covered by changes or
amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At ihe iime of
su6mission the Contracior shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the
requirements of the Contract Documents.
By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified
all field measurements, field construction criteria, materials, catalog numbers-and similar data, and that he has checked and
coordinated each shop drawing given in the Contract Documents. The ArchitecYs approval of a separale item shall not indicate
approval of an assembly in which the item functions.
The Architect will review and approve Shop Drawings and Samples with reasonable prornptness so as to cause no delay, but only
for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's
approval of a separate item shall not indicate approval of an assembly in which the item functions.
The Contractor shall make any corrections required by the Architect and shail resubmii Ehe required number of corrected copies of
Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop
Drawings to revisions other than the corrections requested by ihe Architect on previous submissions.
General Conditions for Facility Construciion Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 6 of 26
The ArchitecYs approval of Shop Drawings or Samples shali not relieve the Contractor of responsibility for any deviation from the
requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at ihe time of
submission and the Archi4ecf has given wr"itten approval to the specific deviation. Archiiect's approval shall nof relieve t e
Contractor from responsibility for errors or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the
submittal. Ali such portions of the Work shall be in accordance with approved Shop Drawings and Samples.
D-16 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work
by ihe City Council of the City of Fort Worth, the entire site of ihe Work shall be under the exclusive control, care and responsibility
of the Contractor. Contractor shall iake every precaution against injury or damage to persons or property by the ac[ion of the
elements or from any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at his own expenses all
injuries or damages to any poriibns of the Work occasioned by any of the above, caused before acceptance.
D-19 CU7T4NG AND PATCHING OF WORK: The Contractor shall do ail cutting, fiiting or patching of his Work that may
required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavaiing or otherwise altering
the Work or any part of it.
D-20 CLEAN UP: The Contracfor at all times shall keep the premises free from accumulation of waste materials or rubbish. At
the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as weil as all his tools,
construction equipment, machinery and surplus materials, and shall clean ali giass surfaces and leave the Work "Broom-clean" or its
equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom-ciean", Contractor shall
clean all glass, replace any broken glass, remove siains, spots, marks and dirt from decorated work, clean hardware, remove paint
spots and smears from all surfaces, clean fixtures and wash all concrete, file and terrazzo floors.
If the Contractor faits to ciean up, the Owner may do so, and the cost thereof shall be charged to the Contractor.
D-21 COMMUNICATIONS: As a general rule, the Contractor shall forward all communications to the Owner through the BCM.
D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with
the requirements of the City of Fort Worlh Fiscal Deparlmeni, Intergovernmental Affairs and Grants Management as outlined in the
Supplementai Conditions contained in the Projeci Manual
SECTION E
SUBCONTRACTORS
E-1 DEFINITION: A Subconiractor is a person or organization that has a direct contract with the Contractor to perform any of
the Work at the site. The term Subcontractor is referred to throughout ihe Contract Documents as if singular in number and
masculine in gender and means a Subcontractor or his authorized represeniative.
Nothing contained in the Contract, Documents shall create any contractual relation belween fhe Owner and the Architect and any
subcontractor or any of his sub-subcontractors or materialmen.
E-2 AWARD OF SUBCONTRAC7S: The bidder shall furnish a list of the names of the subcontractors or other persons or
organizations (including those who are to furnish maierials or equipment fabricated to a special design) proposed for such portions
of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of
the Subconiractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the
successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or
organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to
the award of this Contract shall not constitute acceptance of such person or organization.
If, prior to the award oi the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses
to accept such person or organization, the appareni low bidder may, prior to the award, withdraw his bid without forfeiture of bid
security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualify the
bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shail
provide an acceptable substitute.
The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the
Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect.
E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the Contractor and the Subcontracior (and where appropriate between Subcontractors and Sub-
subcontractors) which shall contain provisions that:
1. Preserve and protect the righfs of the Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontraciing thereof will not prejudice such rights;
2. Require that such Work be performed in accordance with the requirements of the Contract Documents;
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 7 of 26
3. Require submission fo the Contractor of applications for payment under each subcontract to which the Contractor is a party, in
reasoriable time to enable the Contractor to apply for payment;
4. Require that all claims for additional cosis, extensions of time, damages for delays or oihervvise with respect to subcontracted
portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontrac(or where appropriate) in
the manner provided in the Contract Documents for like ciaims by the Contractor upon the Owner;
5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance, excepf such rights, if any, as they may have to proceeds of such insurance held by the Owner, and,
6. Obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall
be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub-
contract.
E-4 MINORITY AND WOMEN BUSINESS ENTERPRtSE fM/WBE): Should the base bid be less than $25,000, the
requirements of this section do not apply.
General: in accordance with Cify of Fort Worth Ordinance No 15530 (the "Ordinance"), the City of Fort Worth sets goais for the
participaiion of minority and women business enterprises (MNVBE) in City contracts. Ordinance No 15530 is incorporated in these
General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply
wifh fhe Ordinance shail be a material breach of contraci.
Prior to Award: The MlWBE documentation required by the procurement solicitation must be submitted within five city business
days after bid opening. Failure to comply with the City's MNVBE Ordinance, or io demonstrate a"good faith effort", shall result in a
bid being considered non-responsive.
During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE
subcontractors and or suppliers prior to issuance of the Notice fo Proceed. Contractor shall also provide monthly reports on
utilization of the subcontractors to the M/WBE Office and the Construction Manager. Contractor musi provide the City with complete
and accurate information regarding acfual work performed by an M/WeE on the contract and proof of payment thereof. Contractor
further agrees to permit an audit andlor examination of any books, records or �les in it's possession that will substantiate the actual
work pertormed by an M1WBE. The misrepresentation of facts and/or the commission of fraud by the Contractor wili be grounds for
termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false
statement. An offeror who intentionally and/or knowingly misrepresents material facts shall be deiermined to be an irresponsible
offeror and barred from participating in Ciiy work for a period of time of not less than three (3) years. The failure of an offeror to
comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the
offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than
one (1) year,
The Contractor may count toward the goal any fier of MWBE subcontractors and/or suppliers. The Coniractor may count toward its
goal a portion of the total dollar amount of the contract wiih a joint venture equal to the percentage of the MM/BE participation in the
joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified
prior to the award of the Contract.
Change Orders: Whenever a change order affects the work of an MNVBE subcontractor or supplier, the MMlBE shall be given an
opportunity fo perform the work. Whenever a change order is $50,000 or more, the MM16E Coordinator shall determine the goals
applicable to the work to be performed under the change order.
During the term of the contract the Contractor shali:
1. Make no unjustified changes or deletions in its MNUBE participation commitments submitted with the 6id/proposal or during
negotiation, without prior submission of the proper documentation for review and approval by fhe MWBE Office.
2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor
represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the
Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with
subsections 12.3 and 12.4 of the OOrdinance, exclusive of fhe time requirements stated in such subsections,
3. 7he Conlractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM, if,
during the term of any contract, the Contractor wishes to change or delete one or more MNVBE subcontractors or suppliers.
Justification for change of subcontractors may be granted for the foilowing:
1, An MMIBE's failure to provide Workers' Compensation Insurance evidence as required by state law; or
2, An MNVBE's-failure to provide evidence of general liability or other insurance.-
under the same or similar terms as contained in the Contract Documents with limits of coverage no greater ihan the lower of 1)
the limits required of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 8 of 26
agreemenis used on otfier projects of similar size and scope and within fhe Contracto�s normal business practice with non-
MM/BE subcontractors/subconsultant's or suppliers; or
3. An MWBE's failure to execute the Contractors standard subcontract form, if entering a subcontract is required by the
Contractor in its normal course of business, unless such failure is due to:
a) A change in the amount of the previously agreed to bid or scope of work; or
b) The contract presented provides for payment once a month or longer and the Contractor is receiving
payment from the City lwice a month; or
c) Any limitation being placed on the ability of the MM/BE to report violations of the Ordinance or any
other ordinance or violations of any state or federal law or other improprieties to the City or io provide
notice of any claim to the Contractor's surety company or insurance company.
d) Mediation shall be a consideration before ihe request for change is approved.
4. An M/WBE defaults in the performance of fhe executed subcontract. In this event, the Contractor shall:
a) Request bids from all MNVBE subcontractors previously submitting bids for the work,
b) If reasonably practicable, request bids from previously non-bidding MNVBEs, and
c) Provide to the MNVBE office documentation of compliance with (a) and (b) above.
5. Any reason found to be acceptable by the MNVBE Office in its sole discretion.
Within #en days after final payment from the City the Contractor shall provide the M/WBE Office with documentation to reflect final
parlicipation of each subcontractor and supplier, including non-M/WBEs, used on the project.
E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the
Owner, an amount equal to the percenfage of completfon aliowed to the Contractor on account of such Subcontractor's Work. The
Contractor shali aiso require each Subcontractor to make similar payments to his subcontractors.
If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a
particular subcontractor, the Contractor shall pay that 5ubcontractor on demand, made at any time aHer the Certificate for Paymeni
would otherwise have been issued, for his Work to the extent completed, less the retained percentage.
The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require
each Subcontractor to make similar payments to his Subcontractors.
The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of
completion certified to the Contracior on account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontracior.
E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate
provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR
24 or OMB Circular A-110, as appropriate.
Each subcontractor must agree fo compfy with all applicable Federa(, State, and local requirements in addition to those set forth in
this section.
No subcontractor will be employed on this Project, except as specificaily approved by the City, who is contained in the listing of
contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government
departments. The work performed by any such coniractor or subconlractor wi�l be ineligible for reimbursement wholly or partially
from EDA grant fluids.
All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order
11246.
All subcontracts must contain a nondiscrimination clause.
Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts.
Each subconfractor must submit weekiy each weekly payroll record and a weekly statement of compliance. These documents will
be submitied to the prime contractorwho will compile them and submit to the City. The subcontractor can satisfy this requirement by
submitting a properly executed Department of Labor Form WH-347.
Generai Conditions for Facility Construction Lump Sum Contract
Job Order Contracf Agreement, March 2007 Page 9 of 26
Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the
maximum extent possible.
All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or
purchase order of $50,000 or more must submit a completed Standard Form 100 (Compiiance Report) by March 30 of each year.
Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC-
257.
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the
Work. When separate coniracts are awarded for other portions of the Work, "the Contractor' in the Contract Documenis in each
case shall be the contractor who signs each separate contract.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other confractors reasonable opportunity
for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and
coordinate his work with theirs.
If any part of the Contractor's WorK depends for proper execution or results upon the work of any other separate contractor, the
Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it
unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the
other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or properly of any separate contractor on the site, the Contractor shail, upon due
notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of
any damage alleged to have been so sustained, the Owner shall notify the Contractor who shali defend against such suii at the
Contractor's expense, and if any judgment against the Owner arises therefrom, ihe Contractor shall pay or satisfy such judgment
and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with
such suit.
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRAC7S: The Contractor shall do all cutting, fitting or patching of
his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents.
The Contractor shall not endanger any work or any other contractors by cuiting, excavating or otherwise altering any work and shall
not cut or alter the work of any other contractor except with the written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the pariy responsible therefor.
F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate coniractors as to their responsibility for
cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of
Transportation and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must
familiarize himself and strictly comply wiih all Federai, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations,
or Directives controiling the action or operation of those engaged upon the work affeciing the materials used. He shall indemnify and
save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any
such Laws, Statutes, Charler, Ordinances, Regulations, or Direciives, whether by himself, his employees, agents or subcontractors.
G-2 GOVERNING LAWS: li is mutually agreed and understood ihat this agreement is made and entered into by the parties
hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the 5tate of Texas with
reference to and governing all matters affecting this Contract, and the Contracior agrees to fully comply with all the provisions of the
same.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the
Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental
function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or wiilful
wrong.
G-4 COMPLIANCE WlThf LAWS. Contractor agrees to comply with all laws, Federal, staie and local, including all ordinances,
rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales
Tax.
General Conditions for Facility Construction Lump Sum Contraci
Job Order Contract Agreement, March 2007 Page 10 of 26
The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriafe subcontractor are responsible for
obtaining all other_construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code
Inspection Division in accordance with the permit requirements and submit a copy of updated schedule io tlie Construciion Manager
weekly. Building, piumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap, impact &
access fees will be paid by the Ciry. Any other permit fees are the responsibility of the Contractor.
G-5 fNDEMNIFICATkON: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at
the project site for Contracio�'s sole negligence. In addition, Contractor covenants and agrees to indemnify, hoid harmless and
defend, at its own expense, the Owner, its officers, servants and empioyees, from and against any and all claims or suits for
property loss, property damage, personal injury, including death, arising oui of, or alleged to arise out of, the work and services to be
performed hereunder by Contractor, its officers, agenfs, employees, subcontractors, licensees or invitees, whether or not anv such
iniurv damape or death is caused in who/e or in part bv fhe neqliqence or alleqed nep/iqence of Owner. its o�cers,
servanfs, or emplovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and agamsf
any and all injuries to Owner's officers, servanfs and employees and any damage, loss or destruction to property of the Owner
arising from the performance of any of ihe terms and conditions of this Contract, whether or nof anv such iniurv or damaae is
caused in whole or in part bv the nepliqence or a/leqed nepliqence of Owner its officers servanfs or emploVees.
In the event Owner receives a writien claim for damages against the Contractor or its subcontractors prior fo final payment, final
payment shall not be made until Contractor either (a) submils to Owner saiisfactory evidence that the claim has been settled and/or
a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim
has been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a resuit of work performed
under a City Contract.
G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to
the benefit of #he parties hereto, their Successors or Assigns. Confractor shall not assign or sublet all or any part of this Contract or
his rights or duties hereunder wilhout the prior written consent of the Owner. Any such purported assignment or subletting without
the prior written consent of Owner shall be void.
G-7 WF2ITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified
mail to ihe last business address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Contractor agrees, on the
submittal of his Proposal to make, execute and deliver to said Ciiy of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in
the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as
amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the
said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City
Council of the City of Fori Worth.
Bonds shall be made on the forms furnished by or otherwise acceptabie to the Ciiy. Each bond shall be properly executed by both
the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant locai, state and federal
statutes.
To be an accepiable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptabie
Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance
and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure
any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized,
accrediled, or trusteed to do business in the State of Texas.
Should any surety for the contracted project be determined unsatisfactory at any time during same, the Confractor shall immediately
provide a new sureiy bond satisfaciory to the City.
If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and
acceptance of the Work.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in
accordance wiih the Contract Documents or fails to perform any provision of the Contract, ihe Owner may, without prejudice to any
other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be
issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cosi
of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the
Contractor are not sufficient to cover such amount, the Contract shall pay the difference io the Owner.
G-10 ROYALTIES AND PATENTS: The Contracfor shall pay all royalties and license fees. He shall defend all suits or claims
for infringemeni of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all
such loss when a particular design, process or the product of a pariicular manufacturer or manufacturers is specified; however, if the
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 11 of 26
Contractor has reason to believe ihat the design, process or product specified is an infringement of a patent, he shall be responsible
for such loss unless he promptly gives such information to Owner.
G-11 TES7S: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having
jurisdiction require any Work to be inspected, tesfed or approved, the Contractor shall give the Owner timely notice of its readiness
and the daie arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such
inspection, tests and approvals unless oiherwise provided.
If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not
included above, ihe Owner, upon wrilten authorization from the Owner, will instruct the Contractor to order such special inspection,
testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing
reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance
of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the
Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the
Owner shall bear such costs, and an appropriate Change Order shall be issued.
The Contractor shall secure certificate of inspection, testing or approval, and fhree copies will be promptly delivered by him to the
Owner. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner.
If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where
practicable, at the source of supply.
Neither fhe observations of the Archifect or the Owner in their administration of the Construciion Contract, nor inspections, tests or
approvals by persons other than fhe Contractor shall relieve the Contractor from his obligations to perform the Work in accordance
with the Contract Documenfs.
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a
minimum of outage time for all utilities. Interruption shall be by approved sections of the utiliiy. In some cases, the Contractor may
be required to perform the Work while the existing utility is in service. The exisiing ufility service may be interrupted only when
approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least
ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a
minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an inierruption
may not be subject to schedule at the time desired by the Contractor, In such cases, the interruption may have to be scheduled at a
time of minimum requiremenis of demand for the utility. The amount of time requested by the Contractor of existing utiliiy services
shali be as approved by the Owner.
G-93 LAYING OUT WORK; The Contracfor shall verify dimensions and elevations indicated in layout of existing work.
�iscrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work
affecied is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory
workmanlike manner at the Coniractor's sole expense.
The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction
Documents.
Prior to commencing work, the Contractor shall carefully compare and check all Archiiectural, Structural, Mechanical an Electrical
drawings; each with the other that in any affecfs the locations or elevation of the work to be executed by him, and should any
discrepancy be found, he shall immediately report the same to the Architect for verification and adJustment. Any duplication of work
made necessary by failure or negiect on his part to comply with ihis function shall be done at the Contractor's sole expense.
G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify ali measurements at the
site or at the building and shall be wholiy responsible for the correctness of same. No extra charge or compensation will be atlowed
on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be
found shall be submitted to the Architect for consideration and adjustment before proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is
to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protecied, as
required, whether or not shown or specified at the Contractor's sole expense.
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on lhe
Drawings. All reasonable precautions shail be taken to preserve and proteci any such improvements whether or not shown on the
Drawings.
Location of existing underground lines, shown lhe Drawings are based on the best available sources, bui are to be regarded as
approximate only. Exercise extreme care in locating and identi(ying these lines 6efore excavation in adjacent areas.
G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the
installation of jointed fioor, wall and ceiling materials that:
1. Preserve and proteci the rights of ihe Owner and the Architect under the Contract with respect to the Work to be performed
under the subcontract so that the subcontracting thereof will not prejudice such rights;
General Conditions for Facility Construction Lump Sum Contract -
Job Order Contract Agreement, March 2007 Page 12 of 26
2. Place joints to relate to ali opening and breaks in the structure and be symmetrically placed wherever possible. This includes
heating registers, light fixtures, equipment, etc,
If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish ihe
above, the Contracfor shall request the Architect to deiermine the most satisfactory arrangement. The Contractor shall establish
centeriines for all frades.
G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from
damages.
Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstrucf the
ingress or egress to and from existing adjacent facilities.
Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage
the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cosi
to the Owner.
G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the coniract documents, whether expressly stated or not,
that nolhing containing hazardous materials, such as asbestos, shall be incorporated in to the project, The Contracfor shall exercise
every reasonable precaufion to ensure that asbestos-containing materials are not incorporated into any portion of the project,
including advising all materials suppliers and subcontractors of fhis requirement. The Contractor shall verify that components
containing lead do not contact the potable water supp(y.
G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are
diagrammatic and job conditions may not aiways permit their installation in the location shown. When this situation occurs, it shall be
brought to the Architect's attention immediately and the relocation determined in a joint conference. The Confractor will be held
responsible for the relocating of any items without first obtaining the ArchitecYs approval. He shall remove and relocate such iiems
ai his own expense if so directed by the Architect. Where possible, uniform margins are to be maintained 6etween parallel lines
and/or adjacent wall, floor or ceiling surfaces.
G-20 OVERLOADING; The Contractor shall be responsible for loading of any part or parts of structures beyond their safe
carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on
floors or roofs before they have attained their permanent and safe strengih.
G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes,
equipment, or the like be installed or applied in accordance with manufacturer's instruc(ions, direction or specifications, or words to
this effect, it shall be construed to mean that said application or installation shall be in sfrict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such
instrucfions shall be furnished to the Architect and his approval thereof obtained before work is begun.
G-22 CLEANING UP: The Contractor shall keep the premises free irom accumulation of waste material or rubbish caused by
employees or as a result of the Work.
At completion of work, the General Contractor shall, immediately prior to final inspection of complete building, execute the following
final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed
materials.
1. Sweep and buff resilient iloors and base, and vacuum carpeting.
2. Dus! all metal and wood trim and similarfinished materials,
3. Clean all cabinets and casework.
4. Dust all ceilings and walls.
5. Dust, and if necessary wash, all plumbing and electrical fixtures.
6. Wash all glass and similar non-resilient materials.
7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be
cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings.
Surfaces that are waxed shall be polished.
8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, efc. shall be cleaned similar to interior of
buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shail
be clean and polished, al� required repair work shali be completed and dirt areas shatl be scraped and cleared of weed growth.
9. Clean ali glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work
bright, clean and polished. Cost of this cleaning work shall be borne by Contractor.
Generai Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 13 of 26
10. Cleaning, polishing, scaling, waxing and ali ofher finish operations indicated on the Drawings or required in the Specificafions
shail be taken to indicate the required condition at the time of acceptance of aii work under the Contract.
11. Burning: Burning of rubbish on the premises will not be permitted.
G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust creaied as a result of any operations during
the construction period. if serious problems or complaints arise due to air-borne dust, or when directed by ihe Architect, operations
causing such problems shall be temporarily discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTlON: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire
damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall
not be permitted to be scattered on adjacent property.
Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no siorage
will be permitted in the building. Excess flammable liquids being used inside the buiiding shall be kept in closed metal container and
removed from the building during unused periods.
A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or
cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due fo sparks and hot
metat. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the
premises.
The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulleiins Nos. 10 and 2A1.
However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction.
G-25 CUTTING AND PATCHING; Wherever cutting and removai of portions of the existing work is indicated, such work shall
be neatly sawed or cut by Contracior in a manner that will produce a neat straight line, parallel to adjacent surFaces or plumb for
vertical surfaces. Care should be exercised not to damage any work that is to remain.
Ai no time shali any structural members be cut without writien consent from the Architeci.
G-26 PROJECT CLOSEOUT
Final Inspection Record Drawinqs: Attention is called to General Conditions Section entitled, "Substantial Completion and Final
Payment".
Maintenance Manual: Sheets shall be 8'/z' x 11 ", excepi pull out sheets may be neatly folded to 8'/ " x 11". Manuals shall be bound
in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall coniain:
1) Name, address and trade of all sub-contractors.
2) Complete maintenance instructions; name, address, and ielephone number of installing Contractor, manufacturer's local
representative, for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical
panels, service entrance equipment and light flxtures.
4) Manufacturers name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, other materials.
Submit six copies of Maintenance Manual, prior to request for final paymeni.
Operational Inspection and Maintenance Instruciion: The Contractor shail provide at his expense, competent manufacturer's
representatives to completely check oul all mechanical and electrical systems and items covered by the Drawings and
Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning
properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each
item.
G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guaranfees
required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted
through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract.
The Contractor shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work,
are for longer periods, General Contractor's guarantee shali be extended to cover such longer periods. Manufacturer's extended
warrantees shail be included in this contract.
Guarantees shall become valid and operaiive and commence upon issuance of Certificate of Inspection and Acceptance by Owner.
Guarantees shali not apply to work where damage is result of abuse, neglect by Owner or his successor(s) in interest.
The Contractor agrees to warrant his work and materials provided in accordance with this contract and fhe terms of the Technical
Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer`s normal extended
General Conditions for Facility Construction Lump Sum Contraci
Job Order Contract Agreement, March 2007 Page 14 of 26
-- - -- -
- - - ------ — --
warrantees, the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of ,
final_ acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defecfive or not [
provided in accordance wifh fhe Confract Documents. Additiona(ly if lhe facilify or contents are damaged due fo defective materials �
or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and
cornponents to bring such items back io at feast their original condiiion.
G-28 RECORD DRAWINGS; tJpon compleiion of the Work and prior to application for final payment, one print of each of the
drawings accompanying this specification shali be neatly and clearly marked in red by fhe Contractor to show variations between the
con'struction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be
delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or
character of the work from fhe entire work indicated or specified are permitted either by award of bidding items specified for ihat
purpose, or by subsequent change to the drawings, the record drawings shail define the construction aclually provided. The
representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and
defails which may be necessary for legibility and clear portrayal of the actual construction, The record drawings shall indicate, in
addition, the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances.
G-29 CONSTRUCTION FENCE: At the Contractor's option, he may provide a substantial chain-link construction fence around
all or a part of the site. The fences and gates must be maintained throughout ihe construction period. Remove the fences and gates
upon completion of fhe Project and restore the site to the required original or contract condition.
G-30 PRODUCT DELIVERY STORAGE, HANDLING:. The Contractor shall handle, store and protect materials and products,
including_fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and
resulting delays), thereby ensuring highest qualiiy results as the work progresses. Control delivery schedules so as to minimize
unnecessary long-term storage at project site prior to installation.
G-31 REMOVAL OF SALVAGED MATERIAL; The Contractor shail remove salvaged material and equipment from the Project
site and dispose of it in accordance with the law. Equipment or materiai identified in the Specifications or Plans for Owner salvage
shall be carefully removed and delivered to the Owner at any location in within the City limiis as directed by the City.
G-32 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 obligaie the Contractor to
provide the specified material if awarded the contract. Within 14 days after bid opening and upon requesf of ihe 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 Cify will accept no alternates to the
specified equipment.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar
days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure
to compiete punch list items from fhe Final Inspection in a timely manner
The �ate of Commencement of the Work is the date established in the Notice to Proceed. If ihere is no notice to proceed, it shali be
lhe date of the Agreement or such other date as may be established therein.
The Date of Substantial Compietion of the Work or designated portion thereof is the Date certified by the Architeci with the approval
of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any porfion
thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner.
A Calendar Dav constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a
"Working Day" or not, and regardless of weather conditions or any situalion which might delay construction. An extension of contract
time shall be in accordance with this Section. Extensions of time will be as recommended by the BCM with final approval by City of
Fort Worth.
A Workina Dav is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other
conditions not under !he conirol of the Contractor pertnit the performance of work for a continuous period of not less than. seven
hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the
Contracfor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day,
Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's Day.
H-2 PROGRESS AND COMPLETION: All the time limiis stated in the Contract Documents are of essence to the Contraci.
The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward
expeditiously with adequate forces and shall complete it within the Contract Time.
General Conditions for Facility Construcfion Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 15 of 26
H-3 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed af any time in the progress of the Work by any act or
neglecf of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or
by any separate contractor employed by tfie 6wner, or by cfianges orderetl iri lhe Work, or by la6or dispufes, fire, unusual delay in
transportation, unavoidable casualties or any causes beyond the Contracto�'s confrol, or by any cause which the Architect
determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as
recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions,
the weather table provided as WT-1 in ihese Contract Documents shail be used as the basis for providing a fair and equitable
adjustment of fhe contract time.
All claims for extension of iime shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;
otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shali be furnished, then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then
unless such a claim is reasonable.
H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time
provided for) shall be made to the Contractor for damages because of hindrances or delays irom an cause in the progress of the
work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for
compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays
said extension of time.
SECTION I
PAYMENTS AND COMPLETION
I-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the tofal amount payable by the Owner to fhe
Contractor for the performance of the Work under the Contract Documents.
I-2 SCHEDULE OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to the Architect a
Scheduie of Values of ihe various portions of the Work, including quantities if required by the Architect, aggregating the total
Contract Sum, divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the
Contractor may agree upon, and supported by such data to substantiate its correciness as the Architect may require. Each item in
the Schedule of Values shall include iis proper share of overhead and profit. This Schedule, when approved by the Architect and the
Owner, shall be used as a basis for the Contractor's Applications for Payment.
I-3 ADJUSTMENT OF QUANTITIES
I-4 PROGRESS PAYMENTS: On the first day of each monih after tha first month's work has been completed, the Contractor
will make current estimates in writing for review by the Architect of maierials in place complete and the amount of work performed
during the preceding month or period and the value thereoi at the prices contracted for as shown on the approved Schedule of
Values and Progress Schedule.
If payments are to be made on account of materials or equipmeni not incorporated in the Work but delivered and suitably stored at
the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of
sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise
protect the Owner's interest including applicable insurance and transportation to the site.
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment,
whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear
of all liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment
covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at
the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest iherein or an
encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person.
The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and
attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for
which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule
must be altached before the pay request can be accepted.
I-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the above, the Architect
will, with reasonable promptness bui not more than seven days after the receipt of the Application, prepare a Certificate of Payment,
with a copy to fhe Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a
Certificaie.
The issuance of a Certificaie for Payment will constitute a representation 6y the Owner, based on the BCM's observations at the site
and the data comprising the Application for Payment, thai the Work has progressed to the point indicated; that the quality of the
Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial
Completion, to the results of any subsequent tests required by the Contract Documenfs, to minor deviations from the Contract
Documents correc{able prior to completion, and to any specific qualifications stated in the Certificate}; and recommendations to the
General Conditions for Facility Construciion Lump Sum Contract
Job Order Contract Agreemeni, March 2007 Page 16 of 26
Owner that the Contractor be paid in the amount cerfified. In addition, the Archiiect's approval of final payment assures the Owner
that the conditions precedent to the Contractor's being entitled to final paymenf as set forth in this Section have been fulfilled.
After the Architeci has issued a Certificaie for Payment, the Owner shall approve or disapprove same within ten days aRer it has
been delivered to the Direcior of the Department of Transportation and Public Works. For contracts less than $400,000, Owner shall
pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such
estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the Ciry Council of the City of
Fort Worth. For contracts in excess of $400,000, the Owner will retain only 5°/a of each estimate until the final estimate is approved
and work accepted by the City Council of the Ciry of Fort Worth.
No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the
Owner, shall constitu(e an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of
liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any
defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the
date of final acceptance of the Work unless a longer period is specified.
I-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate
in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect
may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent
inspeciions, may nullify the whole or any part of any Cerfificate for Payment previously issued to such extent as may be necessary
in his opinion to protect the Owner from loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the Contractorto make paymenis properly to Subcontractors, orfor labor, materials or equipment;
4) Reasonable doubt ihat the Work can be complefed for the unpaid balance of the Contract Sum;
5) Damage to another confractor;
6) Reasonable indication that the Work will not be completed within the Contract Time; or
7) Unsatisfactory prosecution of the Work by the Contractor.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The
Owner reserves the right to wiihhold the payment of any monthiy esfimale, without payment of interest, if the Contractor fails to
perform the Work in accordance with the specifications.
I-7
I-8
NOT USED
LIQUIDATED �AMAGES: The deduction for liquidated damages shall be as follows:
Amount of Contract Liquidated Damages Per Day
$15,000 or less
$15,001 to $25,000
$25,001 to $50,000
$50,001 to $100,000
$100,000 to $500,000
$500,001 to $1,000,000
$1,000,001 to $2,000,000
$2,000,001 to $5,000,000
$5,000,001 to $10,000,000
over �a10,000,000
$45
$ 63
$105
$154
$210
$315
$420
$630
�840
$980
I-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificaie for
Payment within seven days after receipt of ihe Contractor's Application for Payment, if the Contractor's Appiicalion for Payment, or
if, without fauli on the part of ihe Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95%
(as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional
written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received.
I-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet
all provisions for Project Closeout.
When the Contractor determines that the Work is substantiaily complete, the Construction Manager shall inspect the project with the
Contractor and prepare a"Preliminary Punch List".
When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will
prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the Contractor to request a
Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the
General Conditions for Facility Construction Lump Sum Coniraci
Job Order Contract Agreement, March 2007 Page 17 of 26
responsibilities of Ehe Owner and the Contractor for maintenance, heat, utilities, and insurance, shall set forth the remaining work as
a"final punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of
Occupancy has been issuecl, the retainage will be reducedto 4%.
Upon compietion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced
to 2.5%.
Shouid the Contractor fail to complete all contractual requirements of the contract, inc�uding submiltals and final pay request wifhin
the fixed time, the contract time will again commence. Should the Contractor fail to complete the work within the contract duration,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection, the Ciiy will conducf a joint inspection and certify completion
of the final punch list by cosigning it with the Contractor.
The Contractor shail submit the following items to the City prior to requesting final payment:
1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payroils, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been
paid or otherwise satisfied,
2) Consent of Surety to Final Payment (G707), if any, to final payment,
3) Contractor's Affidavit of Release of Liens (G706A), and,
4) Oiher data esfablishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising
out of fhe Contract, to ihe extent and in such form as may be designated by the Owner.
5) Contractors Warranty
6) Statement that all outstanding work has been completed
7) Issuance of ihe Final Certificate of Substantial Completion
8) Final acceptance by the Cily of Fort Worth.
If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at
the election of the Owner, furnish a bond satisfactory io the Owner to indemnify him against any right, claim or lien which might be
asserted by such Subcontractor, materialman or laborer. if any such right, claim or lien remains unsatisfied after all payments are
made. The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim
or lien, including all costs and reasonable attorney's fees.
The Coniractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the
Coniractor except those previously made in writing and still unsettled.
The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worfh.
The designated representative of the City Council of the City of Fort Worih will make final acceptance and no other form of
acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days
following acceptance.
I-11 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment wi�i not be made for a period of 30 calendar days and
until all requirements have been met, with the exception of Consent of Surety for Final Payment.
SECTION J
PRO7ECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and
supervising all safeiy precautions and programs in connection wiih the Work. The Contractor shall designate a responsible member
of his organizalion at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY: The Contracior shall take all reasonable precautions for the safety of, and
shall provide all reasonable protection to prevent damage, injury or loss to:
(1) All employees on the Work and all other persons who may be affected thereby;
(2) All the Work and ali materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care,
custody or control of the Contractor or any of his Subcontractors or Sub-contractors; and
(3) Other properfy at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and
utilities not designated for removal, relocation or replacement in the course of construction.
Until accepiance of ihe Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against
injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution
or from the non-execution of the Work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries
or damages to any portion of the Work occasioned by any of the above, caused before its completion and acceptance.
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 18 of 26
The Contracfor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authori[y having
jurisdicfion for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as
required by existing conditions and progress of tf�e Work; all reasonable safeguards for safety and prbtection; iricluding posting
danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent
utilities.
When the use or storage of expiosives or other hazardous materials or equipment is necessary for the execufion of the Work, the
Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
All darnage or loss to any property referred to in the preceding paragraphs caused in whole or in part by fhe Contractor, any
Subcontracfor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable,
shall be remedied by ihe Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions
of the Architect or anyone employed by him or for whose acfs he may be liable, and not attributable to the fault or negligence of the
Contractor or anyone claiming through the Contractor for such damage or loss.
The Contractor shall not load or permit any part of the Work to be loaded so as io endanger its safety.
J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to compietion of
work. Each Contractor, employee and visitor at any construction site included in the Confract will be required to wear a hard hat.
The Contracior shall enforce ihe wearing of hard hats by Contractor, empioyees and visitors. Contractor shall provide ten hard hats
for use by the consulting Architects and Engineers and visitors.
J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion
to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on
account of emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PF2ACTICES: The Coniractor shall employ safe practices in handling materials and equipment used in
performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep fhe
premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall
remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus maierials and shall
leave the area as clean anc�fre�o�spe#; stains, etc., as before the work was undertaken.
J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and
stabilization to meet regulatory requirements. If the Proposal requires, the Contractor shall include a per-unit cost for trench safety
measures in his bid, If noi included in the Proposal, the Contractor shall include a cost for trench safety measures for all trenches
over 5 feet in depth in his Schedule of Values.
SECTION K - INSURANCE
K-1 INSURANCE REQUIRED: The Contractor shail not commence work under this Contract until he has obtained all
insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor
allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has
been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on ail policies except Worker's
Compensation.
K-2 WORKERS' COMPENSATION INSURANCE
1) General
a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificale showing
that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project
in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied wifh this seclion.
b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will
perform work on ihe project to provide to it a certificate from such subcontractor staiing that the subcontractor has a policy
of workers compensaiion insurance covering each employee employed on the project. Contractor will not permit any
subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of
all such cerlificates to the Owner (City).
c) 8y signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to
the City that all employees of the Contractor who will provide services on the project wiil be covered by worker's
compensation coverage for the duration of the project, that the coverage wiil be based on proper reporting of ciassification
codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the
case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-insurance Regulatlon.
Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil
penalties or other civil actions.
d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contraclor which entitles the
City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of
breach from the Cily.
General Conditions for Faciliiy Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 19 of 26
2) �efinitions:
a) Certificate of 6overage ("eertificate"). A copy of a certi�cate of insurance, a certificate of authority to self-insure issued by
the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-
84), showing staiutory workers' compensation insurance coverage for the person's or entity's empioyees providing
services on a project, for the duration of ihe project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's
work on the project has been compieted and accepted by the City.
c) Persons providing services on ihe project ("subcontractor" in section 406.096)-includes all persons or entities performing
all or part of the services the Contractor has undertaken to perform on the project, regardless of whether thaf person
contracted directly with the Contractor and regardless of whether ihat person has employees. This includes, without
limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entiry which furnishes persons to provide services on the projeci. "Services" include,
without limitation, prov(ding, hauling, or delivering equipment or materials, or providing labor, transportation, or other
senrices relaied to a project. "Services" does not include activities unrelated to the project, such as food/beverage
vendors, office supply deliveries, and delivery of portable toilefs.
3) Requirements
a) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of fhe Contractor providing services of the project, for the duration of the project.
b) The Contractor must provide a certificate of coverage to the governmental entily prior to being awarded the contract.
c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,
the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that
coverage has been extended.
d) The Contractor shail obtain from each person providing services on a project, and provide to the City:
i) a certificate of coverage, prior to ihat person beginning work on ihe project, so the governmental entity will have on
file certificates of coverage showing coverage for all persons providing services on the project; and
ii) no later than seven days after receipt by the Contractor, a new cerfificate of coverage showing extension of
coverage, if the coverage period shown on the current cerfificate of coverage ends during the duration of the project.
e) The Coniractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
� The Contractor shall notify the City in writing by ce�tified mail or personal delivery, within ten (10) days after the Contractor
knew or should have known, of any change that materially affects the provision of coverage of any person providing
services on the project.
g) The Contractor shali post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's
Compensation Commission, informing all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
h) The Contractor shall contractually require each person wiih whom ii contracts to provide services on a project, to;
i) provide coverage, based on proper reporting on the classification codes and payroll amounts and fiiing of any
coverage agreements, which meets the statutory requirements of Texas iabor Code, Section 401.011(44) for all of its
employees providing services on the project, for the duration of the project;
ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that
coverage is being provided for all employees of the person providing services on the project, for the duration of the
project;
iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of
coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on ihe project; and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project;
v) refain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) nofify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should
have known, of any change fhai materially affects the provision of coverage of any person providing services on the
project; and
vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the
certificates of coverage io be provided to the person for whom they are providing services.
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 20 of 26
4) Posting of Required Workets Compensation Coverage
_ . . _. . ... _ _
a) The Contractor shall post a notice on each project site informing all persons providing services on tfie project thai they are
required to be covered, and staiing how a person may verify current coverage and report failure to provide coverage. This
notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold iype and text
� in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text, wifhout any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on ihis site or providing services related to this construciion project
must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering
equipment or materials, or providing labor or transportaiion or other service related to the project, regardless of
the identity of their employer or status as an employee",
Cali the Texas Worker's Compensation Commission at 512-4403789 to receive information on the legal
requirement for coverage, to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage."
K-3 LIABILITY INSURA�ICE: The Contractor shall procure and maintain during the term of this Contract such Liabilily
Insurance as shall protect him, fhe City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims
of damage which may arise from operations under this Contract, including blasting, when blasting is done on, or in connection with
the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectiy employed
by eifher of them and the limits of such insurance shall be not less ihan ihe following:
1) Automobile liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage.
Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in connection with
this Contract. -
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
exclusions by endorsement unless such are approved by the City,
3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbesios Containing Materials,
the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance
as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure,
including environmental impairment liability, associated with the services and operations performed under this contract in
addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE: Unless stated othen�vise in the Proposal or Invitation, the Contractor shall procure, pay
for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm,
hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to
100% of the Contract Sum.
The policy shall include coverage for materials and supplies while in transit and while being siored on or off site. If specifically
required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these
coverages must be approved by the City.
Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered.
Upon completion of the Work, ihe Contractor shall noiify the City of Fort Worth in writing before terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the
Transportation and Public Works Department, City of Fort Worth as a"Certificaie Holder", and noting ihe specific projeci(s) covered
by the Contractor's insurance as documented on the certificate of insurance. More than one certificaie may be required of the
Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the
State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to fhe City of Fort Worth insofar
as their financial strength and solvency are concemed. Any company ihrough which the insurance is placed must have a
rating of at least A:VII, as stated in current edition of A. M. BesYs Key Rating Guide. At the City's sole discretion, a less
favorable rate may be accepted by 1he City.
General Conditions for Facility Construction Lump Sum Contract
Job Order Corttract Agreement, March 2007 Page 21 of 26
4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort
Worth as respecfs this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in fhe event of
canceilation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this
Confract.
6) Full limits of insurance shall be available for claims arising out of this Contract wiih the City of Fort Worth.
7) The Contractor shall provide certificates of insurance to the City prior to commencement of operaiions pursuant to this
Contract. Any failure on part of the City of Fort Worth to request such documentaiion shall not be construed as a waiver of
insurance requirements specified herein.
8) The Cify of Foft Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including
endorsements fhereto and, at its discretion, to require proof of payment for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein.
10) Notice of any actual or potentiai ciaim and/or IitigaEion that would affect insurance coverages required herein shall be provided
to the City in a timely manner.
11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance
policy or program maintained by the City of Fort Worth.
12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as
specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors.
SECTIbN L
CHANGES IN THE WORK
L-1 CHANGE ORDER: The Owner, withoui invalidating the Contract, may order Changes in the Work within the general
scope of the Contract consisting of additions, deletions or other revisions, fhe Contract Sum and the Contract Time being adjusted
accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable
conditions of the Contract Documents,
A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of
the Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contraci 5um and the
Contract Time may be changed only by Change Order.
Any changes in woric required due to changed or unforeseen conditions, or by request of either the Contractor or the Ciry, shall be
coordinated with the Director, Department of Transporiation and Public Worics. A change order must be written and duly negotiated
and executed prior to perForming changed work.
The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways:
1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated
in the original contract proposal;
2) by unit prices stated in the Contraci Documents or subsequently agreed upon; or
3) by cost and a mutually acceptabie fixed or percenlage fee.
If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a Change Order, shall promptly
proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable
expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the originai contract proposal. In
such cases, the Contractor shall keep and present, in such form as the Archiiect shall prescribe, an itemized accounting together
with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the
Architect's Certificate of Paymeni as approved by the Owner.
If after the Contract has been executed, fhe Architect, requests a price proposal from the Contractor for a proposed change in scope
of the work, Contractor shall process such proposai within seven days of receipt and return the price quote to the Architect in writing.
The Architect shali review the price quotation and if approvai is recommended, forward the proposed change order request and
price proposal to the Owner for approval. If approval is not recommended, the Architect wiil aitempt to negofiate with Coniractor to
revise fhe proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not
result in an equitable solution, the Architect shall prepare a cost-plus iype Change �rder with a price-not-to-exceed figure for
approval by the City and require specific documentation to be provided by Coniractor in accordance with the paragraph above.
General Conditions for Facility Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 22 of 26
Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and Work
Orders which results in an increase in cost of the contraci amount by over $25,000. Normal processing time for the City Staff to
obtain CiEy Council approval, once the recommended change order has been received at the City, is approximately thirty ays.
Owner and Contractor shail endeavor io identify Change Order items as early in the Construction process as possible to minimize
their impact on the construction schedule.
If unit prices are sfated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed wili create a
hardship on the Owner or the Contractor, the applicable unit prices shall be equitably adjusied to prevent such hardship.
If the Contractor claims that additional cost or time is involved because of (1) any written interpretafion issued pursuant to Section A,
(2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contraci was not at fault, or (3) any
wriften order for a minor change in the Work, fhe Contractor shail make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a ciaim for an increase in the Contract
Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the
occurrence of the event that gave rise to such claim. This notice shall be given by the Contractor before proceeding to execute the
Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J.
No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if
approved by the Owner, shall be authorized by Change Order.
L-3 ALLOWANCES FOR CHANGES: 5hould any change in the work or extra work be ordered, the same cost proposal
method as the original cosi proposal, i. e., per the Unit Price Guide with factors and coefficients will be applied.
L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving
an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent wifh the intent of the Contract
Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by
the Architect and shall be binding on the Owner and the Contractor.
L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret lhe Contract Documents, or which order
minor changes in the Work without change in Contract Sum or Contract Tirne. The Contractor shall carry out such Fieid Orders
promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, ii must be uncovered for
observation and replaced, at the Contractor's expense.
If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect
or the Owner may request to see such work and it shall be uncovered by lhe Contractor. If such Work be found in accordance with
the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner.
If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it is found that
this condition was caused by a separate contractor employed by the Owner.
M-2 CORRECTION OF WORK: The Contractor shail promptly correct all work rejected by the Owner as defective or as failing
to conform to the Plans and Specifications whether obser�ed before or after Substantial Completion and whether or not fabricated,
installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the ArchitecYs
additional service thereby made necessary.
If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by
the lerms of any applicable special guarantee required by the Contract Documents, any of ihe work is found to be defective or not in
accordance wiih the Contract Documents, the Contractor shall correct it promptiy after receipt of a wriiten notice from the Owner to
do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically
and not generally. The Owner shall give such noiice promptiy afler discovery of the condition.
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the
work shall be corrected to comply with ihe Contraci Documents without cost to the Owner.
The Contractor shall bear the c�st of making good all work of separate contraclors destroyed or damaged by such removal or
correction.
If the Contractor does not remove such defective or non-conforming work within a reasona6le time fixed by written notice from the
Owner, the Owner may remove it and may store ihe materials or equipmeni at the expense of the Contracior. If the Contractor does
not pay the cost of such removal and storage wilhin ten days thereafter, the Owner may upon ten additional days` written noiice seil
such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have
been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all
costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order
General Conditions for Facility Construction Lump Sum Contraci
Job Order Contract Agreement, March 2007 Page 23 of 26
shalf be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contracfor shall
pay the difference to the Owner.
If the Contractor fails to correct such defective or non-conforming work, the Owner may correct it in accordance with Section G.
The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him
by speciai guarantees required by the Contract Documents or otherwise prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non-
conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to
reflect an appropriate reduction in the Contract Sum, or, if the amount is deiermined afler final payment, it shall be paid by the
Contractor.
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CON7RACTOR: If the work is stopped for a period of 30 days under an order or any court or
other public aufhorify having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or
any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of
30 days by the Contractor ior the Owner's failure to make payment thereon as provided in Section I, ihen the Contractor may after
the end of such period of 30 days and upon seven additional days' written notice to the Owner , terminate the Contract.
N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a general assignmeni for the
benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for
which extension of iime is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt
payment to 5ubcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract
Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, wiihout prejudice to any
rights or remedy and after giving the Contractor and his sureiy, if any, seven (7) days' written notice, terminate the employment of
the Contractor and take possession of the site and of aIl materials, equipment, tools, construction equipment and machinery thereon
owned by the Contractor and may finish the work by whafever method he may deem expedient. In such case the Contractor shail
not be entitled to receive any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for the Architect's additional services. exceed the unpaid balance of the
Contract, the Contractor shail pay the difference fo the Owner.
The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best
interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what exlent
performance of the work of the contract is being terminated and the effeciive date of termination. After receipt of termination the
Contractor shall:
a) Stop work under the Contract on the date and to the exlent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of ihe work not terminated.
c) Terminate all orders and subcontracts to the e�eni that they relate to the performance of the work ierminated by the notice of
termination.
Af[er termina[ion as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocaiabie to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor
shali submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In
the event of any dispute or controversy as to the proprieiy or allowability of ail or any portion of such claim under this paragraph,
such dispute or coniroversy shail be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract
SECTION O
SIGNS
The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict
accordance with the Specifications for "Project Designation Signs." This sign shall be a pari of this Contract and shall be included in
the Contractor's Base Bid for the Project.
General Conditions for Faciliry Construction Lump Sum Contract
Job Order Contract Agreement, March 2007 Page 24 of 26
-- _ _ _
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE: The Contractor shall furnish, erecf, and maintain facilities and pertorm temporary work required in the
pertormance of this Confract, including those shown and specified.
P-2 . USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and
subcontractors employed on fhe project, subject to reasonable directions by the Confractor as to their proper and most efficient
utilization.
P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and
sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be
removed from the premises and disposed of unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects
under $1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City.
The Coniractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For
construction contracts with a bid price in excess of $1,000,000.00, the Contractor shail provide a separate field office for the City's
field representative (but the separate o�ce may be in the same structure), The buildings shall afford protection against the weather,
and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a sheif large enough to
accommodate perusal of the project drawings. Openings shail have suitable locks. Fieid offices shall be maintained for the full time
during the operation of the work of the Contract. During cold weather months, the field offices shall be suifably insulated and
equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices
shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon complefion of ihe work of the
Contract, the Contractor shall remove the building from the premises. In addition to fhe drawing shelf, provide for the City field
representatives office: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less
than 120 square feet of fioor space.
The Coniractor shail provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his
use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed, or as directed.
P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described
above, Service shall be maintained for the duration of operations under this contract. The Confractor shall provide for and pay for an
automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax lines and
instruments for the City and the Contractor.
P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequaie toilet facilities for the use of all
workmen and subcontraciors employed on the project.
P-7 UTILITIES: The City will pay water and sewer utility tap fees and impact fees. Utilities will be available on the site without
the need for the Contractor to provide a meter or pay for utilities. The Contractor shall make the connections and extend the service
lines to the construction area for use of all trades. Upon completion of ihe work ail service lines shall be removed and repairs made
to the existing lines. Only utilities at existing voltages, pressures, frequencies, etc. will be available to the Contractor.
Water. Provide an ample supply of potable water for all purposes of construction ai a point convenient to the project or as shown on
the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water
to every required part of the construction and allow the use of water facllities to subcontractors engaged on the work. Provide
pumps, tanks and compressors as may be required to produce required pressures.
Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service
shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding
machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets
so that 50 foot long e�ension cords will reach all work requiring light or power.
Liqhtinq. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and
at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a
socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event, the lighfing intensity shall not be less than 5 foot
candles in the vicinity of work and traffic areas.
P-8 HEATING; Heating devices required under this paragraph shall not be electric. The Contractor shail provide heat,
ventilation, fuel and services as required to protect all work and materiais and to keep the humidity down to the extent required to
prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materiais and finishes. Ail such
heating, ventilation and services shail be provided and maintained until final acceptance of all work. In addition, the Contractor shall
provide heat ventilation prior and during the following work operations as follows:
a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces
invoived to not less than 40 F.
General Conditions for Facility Construction Lump Sum Contract
Job Order Contraci Agreement, March 2007 Page 25 of 26
-- - -- - -- —
b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat fo produce a
temperature in the spaces involved of not less than 55 F.
c) For a period of seven (7) days previous to the placing of interior finish materials and fhroughout the placing of finish painting,
decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F.
P-9 TEMPORARY CONSTRUCTION. EQUIPMENT AND PROTECTION: The Contractor shall provide, mainfain, and
remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof,
barricades around openings, and all other temporary work as required to complete all work of fhe Contract. Contractor shall
coordinate the use and furnishing of scaffolds with his sub-contractors.
The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences,
barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for
the safety of workmen, City employees, equipment, the public and property.
All temporary construction and equipment shall conform fo ali regulations, ordinances, laws and other requiremenfs of the
authorities having jurisdiction, including insurance companies, with regards to safeiy precautions, operation and fire hazard.
The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from
underground seepage, rainfall, drainage of broken lines.
The Contractor shall maintain provision for closing and locking the building at such fime as possible to do so. If this is not feasible,
maintain a nighi
The Coniractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside
elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the
approval of fhe Owner and shall be maintained for the duration of the construction period or as required to provide for the protection
as specified.
P-10 PROJECT BULLETIN BOAl2D: The Contractor shall furnish, install and maintain during the life of ihe project a weather-
tight bulleiin board approximately 3 feet high by 5 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 Owner, in a prominent place accessible to employees
of the Contractor and sub-contractors, and to applicants for empioyment. The bulletin board shall remain the property of the
Contractor and shall be removed by him upon completion of the Contract work. The fol(owing 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 Posiers.
SECTION Q
VENUE
Should any action arise out of the terms and conditions of this contract, venue for said aclion shall lie in Tarrant County, Texas.
General Condi[ions for Facility Construction Lump Sum Contraci
Job Order Contract Agreement, March 2007 Page 26 of 26
�.1 1 M
City of Fort Worth, Texas
-Ma��� a�d Go�-�E�I--�ommunica�ion
COUNCIL ACTIOPI: Approved on 3/20/2007
DATE: Tuesday, March 20, 2007
LOG NAME: 20JOCALPHA
REFERENCE NO.: '��C-22009
SUBJECT:
Authorize the Execution of a Job Order Contract with Alpha Building Corporation for Fixed Unit
Price, Indefinite Delivery of Building Renovation and Construction Services for the Transportation
and Public Works Department, Facilities Management Division
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to:
1. Execute a Job Order contract with Alpha Building Corporation for construction services for minor
construction and renovation projects for the original year with options to renew for four additional one-year
periods at the City's option. There will be two Job Order contractors proposed, the other proposed firm is
TMVLLC Triune; and
2. Allow the maximum value of any individual work order to be $200,000. The aggregate amount of work
orders in an individual year will not exceed $1,000,000 for both firms without additional authorization from
the City Council. A Mayor and Council Communication will be required for any work order exceeding
$25,000.
DISCUSSION:
On January 6, 2004, (M&C C-19916) the City Council authorized the City Manager to execute a Job Order
contract with Jamail Construction Company, Inc., for construction services for minor construction and
renovation projects. During the latter part of 2006, the City staff and Jamail Construction Company decided
not to renew the contract.
On December 7, 2006, a Request for Proposals was issued for Job Order Contracting Services. �n
January 11, 2007 five proposals were received and the selection process resulted in the identification of
Alpha Building Corporation and TMVLLC Triune as the two best qualified firms.
Job Order Contracting (JOC) Services offer several advantages:
1) Cost proposals are based on R. S. Means, Facilities Construction Cost Data as the Unit Price Guide
and discounted by the JOC firms;
2) Procurement time is reduced since the project cost is based on R. S. Means and is not publicly
advertised;
3) Design effort is reduced on smaller projects, since the details of scope must only be sufficient to
satisfy the needs of the City staff and JOC contractor, rather than all potential contractors;
4) Scope of each project can be adjusted to meet the budget objectives prior to issuing a work order;
5) Work orders are adjusted for scope changes and unforeseen site conditions using the same unit
price guide rather than by negotiation; and
6) JOC contractor subcontracts the majority of the work, thus providing additional opportunities for
minorit�C subcontractors. _ _
The JOC contractor will provide a monthly report on the status of the M/WBE participation on projects
issued. The Transportation and Public Works Department, Facilities Management Division, will manage the
projects for other departments. All purchase orders will be fulfilled by funds from the requesting
department.
Alpha Building Corporation is in compliance with the City's MM/BE Ordinance by committing to 25 percent
M/WBE participation. The City's goal for this project is 25 percent.
The contract will serve Fort Worth residents in ALL COUNCIL DISTRICTS.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the operating budgets and current capital budgets,
as appropriated, of various funds. All expenditures against this contract will be reviewed for availability of
funds prior to release on a project-by-project basis.
TO Fund/Account/Centers
Submitted for City Manager's Office b�
Originating Department Head:
FROM Fund/Account/Centers
Marc Ott (8476)
Robert Goode (7804)
Additional Information Contact: Dalton Murayama (8088)