HomeMy WebLinkAboutContract 49595 CITY SECRETARYt,/
CONTRACT NO.
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 day of ,; _A.D.,2017, by and between the CITY
OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and
by virtue of a special charter adopted by the qualified voters within said City on the 11t'day of December,
A. D. 1924, under the authority(vested in said voters by the"Home Rule" provision)of the Constitution of
Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said
City, hereinafter called "Owner," and SDB CONTRACTING SERVICES of the City of Addison, County of
Dallas, State of Texas, hereinafter called "Contractor."
AGREEMENT DOCUMENTS:
The Agreement documents shall include the following:
1. This Construction Contract for Job Order Contracting Services
2. General Conditions of the Contract for Construction, Lump Sum Contract
3. Contractors Proposal, dated;23 May, 2017
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.
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. 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 upon 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.
OFFICIAL RECORD
Job Order Contract,June 2017 CITY SECRETARY
FT. WORTH,TX
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. 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 but within the scope and general intent of the contract at
anytime during the contract term. Non pre-priced items (NPI) of work will 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 measure 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 (2017) City Cost Index for
the City of Fort Worth of 82.90% will be used for the JOG 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. 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.
1.7 "Contract Documents" means the Job Order, in accordance with the Statement of Work,
General Conditions, Special Conditions, Addenda, Specifications, and Drawings for each Job Order, the
Minority and Women Business Enterprise Plan,which collectively farm the"Project Contract."
ARTICLE 2. SCOPE OF SERVICES
The Contractor shall 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 REOUIREMENTS 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
Workers Compensation
Coverage A: Statutory limits
Coverage B: Employer's Liability
$100,000 Each Accident
$500,000 Disease- Policy limit
$100,000 Disease- Each Employee
Business Automobile
Combination Single limits $1,000,000 Each Accident
Professional Liability Insurance
(Errors and Omissions) $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
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 1-8, or unless specifically included on the Job Order.
ARTICLE 5. TERMS OF CONTRACT
The JOC shall commence as of the date it is legally executed by the parties (the"Effective Date") and shall
automatically expire two years 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 three 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. MINORITY BUSINESS ENTERPRISE (MBE) UTILIZATION PLAN
In accordance with City of Fort Worth Business Diversity Enterprise Ordinance No. 20020-12-2011
("Ordinance"), the Owner has goals for the participation of Minority Business Enterprise (MBE) in the City of
Fort Worth contracts. The Contractor acknowledges the MBE 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 MBE goal for the JOC Contract is 15%, Analysis of whether such MBE 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 MIWBE Office to obtain lists of certified MBE firms in order to meet this goal.
The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and
Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the
geographic marketplace that will be counted towards the established goal.
The MBE firm(s) must also be currently certified or in the process of being certified by the North Central
Texas Regional Certification Agency (NCTRCA). Contact the MIWBE Office at (817) 212-2674 or email
mwbeofficea,fortworthtexas.gov to obtain lists of certified subcontractors and suppliers.
Contractor small deliver the monthly MBE reports and supporting documentation to the MIWBE Office,
which will verify that payments have been made to MBE subcontractors on each completed Job Order. On
Job Orders that extend over 30 days in duration, the MIWBE Office will verify that payments have been
made to the MBE 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 MBE
participation or payment to MBE 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 anytime 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 all 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.
ARTICLE 11. TAXES
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 utility 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.
ARTICLE 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 sub consultants (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.
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. 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. LIOUIDATED 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 1-8 of the General Conditions per
day, unless a different amount is specified in a particular 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 sub-contractors 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.
ARTICLE 23. SEVERABILITY
If any part of the JOC is contrary to any federal, state,or local law, it is not applicable 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 matter jurisdiction 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, 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, 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 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,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 resulting from,in whole or In part,any and all alleged acts or omissions officers,agents,
servants,employees,contractors,subcontractors,licensees,Invitees of City.
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 YY W - ,A.D.,2017.
CON17R OR: , APPROV •
By, tact cr
F O R T Jesus J,Chapa
Principal Q:.�•'''• .,Q Assistant City Manager
A.
APP E OMMEN U i RLO'� D:
By: * ,.i5y:* L
Stev ookeAC, 70arJ. Kayser
Director,Property Management Depart City Secretary
APPROVED S TO FORM AND LEGALITY: M&C C-e?WS
By: Contract Authorization
� 1/
.1 hn B. Strong Date: to l+`:r 2017
Assistant City Attorney
City Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
administration of this contract,including
ensuring all performance and reporting
requirements.
By: � O ti'1 C44 t
Brian Glass
Architectural Services Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH,TX
City of Fort Worth,Texas
Property Management Department
Facilities Management Group/Architectural Services Division
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
LUMP SUM CONTRACT
SECTION A
DEFINITIONS, PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and
drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to,
the Contract, Instruction to Offerors, Proposal, General Conditions, Special Conditions, Job Order
Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders, written
Interpretations and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the
Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be
construed as altering the terms and effects of the Contract Documents. After being executed, the
Contract Documents can be changed only by a written Amendment signed by the Contractor and the
Owner, or Change Order, or by a written Field Order for a minor change.
A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to
be used or incorporated in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed
in six originals, with all required attachments, including required bonds and insurance certificates, by the
Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten
business days of notification to Contractor. Failure to execute contracts and provide required enclosures
will be grounds for revocation of award and taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine
carefully the, plans, specifications, special provisions, and the form of contract to be entered into for the
work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be
encountered relating to the character, quality and quantity of work to be performed and materials to be
furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these
requirements and has accepted the site as suitable for the work.
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 Contract Documents being to provide for all
labor, supervision, materials, equipment and other items necessary for the proper execution and
completion of the Work. Words that have well-recognized technical or trade meanings are used heroin 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: 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.
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 the instance of the
Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and
at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall
be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field
Order. In the event of any dispute between any of the parties to the Contract 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.
A-9 CORRELATION AND INTENT: In general, the drawings indicate dimension, locations, positions,
quantities, and kinds of construction; the specifications indicate the quality and construction procedures
required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set
forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed,
marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or
greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on
drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment,
piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation
in the exact location shown. Relocation shall not occur without the Architects approval.
A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to
Contractor electronic working Drawings and Specifications. Contractor shall pay the cost of reproduction
for all other copies of Drawings and Specifications furnished to him.
All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall
remain the property of the Owner. They are not to be used on any other project and,with the exception of
one Contract set for each Party to the Contract, are to be returned to the Owner on request at the
completion of the work.
A-11 MINORITY BUSINESS ENTERPRISE (MBE) POLICY: As of June 1, 2012, The City of Fort
Worth has implemented Business Diversity Ordinance (BDO) to reflect the City's availability and disparity
study findings and recommendations. During this transition period, interested Offerors must obtain an
MBE listing from the MIWBE Office at 817-212-2674. This will ensure that the MBE listings reflect only
those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in
the six (6)-county geographic marketplace that have been accepted by the City. The City's geographic
marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are
strongly encouraged to confirm that each MBE that it intends to use is located in the geographic
marketplace that will be counted towards the established goal.
The City of Fort Worth has goals for the participation of Minority Business Enterprises (MBE) in City
contracts. Compliance with the policies designed to meet these goals is mandatory in order to be
considered a responsive bidder. The City policy and procedures to be followed in submitting proposals
are included.
The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs
on Block Grant and other federally funded Projects.
A-12 AGE: In accordance with the policy("Policy") of the Executive Branch of the federal government,
Contractor covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, while engaged in performing this contract, shall, in connection with the
employment, advancement or discharge of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons because of their age except on the basis of a
bona fide occupational qualification, retirement plan or statutory requirement.
Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors,
program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for
employees to work on this contract, a maximum age limit for such employment unless the specified
maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory
equipment.
Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractor against City arising out of
Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy
concerning age discrimination in the performance of this agreement.
A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990
("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public, nor in the availability, terms and/or
conditions of employment for applicants for employment with, or employees of Contractor or any of its
subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable
federal, state and local laws concerning disability and will defend, indemnify and hold City harmless
against any claims or allegations asserted by third parties or subcontractors against City arising out of
Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws
concerning disability discrimination in the performance of this agreement.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. The Architect is the person or person lawfully licensed to
practice architecture identified as such in the Agreement. The Architect is retained by the Owner to
prepare the construction documents and represent the Owner during the construction phase as directed
by the Owner.
B-2 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his
authorized representative. Nothing contained in these Contract Documents shall create any privity of
Contract between the Architect and the Contractor.
B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architect will provide general
administration of the Contract on behalf of the Owner and will have authority to act as the representative of
the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The
Architect will be available for conferences and consultations with the Owner or the Contractor at all
reasonable times.
B-4 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is
in preparation and progress. The Contractor shall provide facilities for such access so the 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 Contractor's applications for payments, the Architect will make determinations
and recommendations concerning the amounts owing to the Contractor and will issue certificates for
payment amounts.
B-5 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the
requirements of the Plans and Specifications and the judge of the performance thereunder by the
Contractor, subject to the final decision of the Owner.
The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the
Contract Documents.
B-6 AUTHORITY TO STOP WORK: The Architect will have authority to reject work that does not
conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion, the Architect
considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and
Specifications, the Architect will have authority 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-7 MISCELLANEOUS
Shop Drawings, Submittals and Samples: The Architect will review Shop Drawings, Submittals and
Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the
Architect. Three copies will be returned to the Contractor.
Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the
Owner through the Architect.
Guarantees. The Architect will receive all written guarantees and related documents required of the
Contractor. Upon completion of the project the Contractor shall provide the Owner three copies of each
guarantee.
Inspections The Architect 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 Substantial Completion.
Operation and Maintenance Manuals the Architect will receive on behalf of the Owner two hard copies and
one digital copy of all applicable equipment installation, operation, and maintenance brochures and
manuals required of the Contractor.
B-8 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the
Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of
the Property Management Department, 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 representatives in the manner provided by law. Authorized representatives include the City
Manager, Assistant City Manager, and Director of the Property Management Department and members of
the Facilities Management Division. A designated representative will be identified from within the Facilities
Management Division 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 therewith and
that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's
survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability
for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure
and pay for title to the site and all necessary permanent or construction easements. The Owner will
cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may
be reasonable and shall furnish information under its control with reasonable promptness at the request of
the Contractor.
C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the Architect,
C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in
preparation and progress. The Contractor shall provide facilities for such access so the Owner may
perform its assigned functions under the Contract Documents.
C-5 PROGRESS INSPECTIONS: The Owner and Architect will make visits to the Site to familiarize
themselves 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 and reports concerning
the progress and quality of the work, the Owner and Architect will approve and authorize the Contractor's
applications for payments.
C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform
to the Plans and Specifications. Whenever, in its reasonable opinion, the City considers it necessary or
advisable in order to insure the proper realization of the intent of the Plans and Specifications, the City will
have authority 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. The
Contractor shall be responsible for the cost of special inspections and testing for work that is found not to
comply with the plans and specifications.
C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect
that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be
conducted by the Architect and attended 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 document 0704, which is to be prepared and signed by the Contractor,
and accepted, approved and signed by the Owner.
C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after
final payment under this contract, have access to and the right to examine any directly pertinent books,
documents, papers and records of the Contractor involving transactions relating to this contract.
Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the
subcontractor agrees that the City shall, until the expiration of three years after final payment under the
subcontract, have access to and the right to examine any directly pertinent books, documents, papers and
records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used
herein includes purchase orders.
Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to
reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code.
C-9 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the
Project for any reason. If the project is terminated, the Contractor shall:
a) Stop work under the Contract on the date and to 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 extent that they relate to the performance of the work
terminated by the notice of termination.
After termination as above, the City will pay the Contractor a proportionate part of the contract price based
on the work completed; provided, however, that the amount of payment on termination shall not exceed
the total contract price as reduced by the portion thereof allocable to the work not completed and further
reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for
amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In
the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim
under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of
the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and
binding upon all parties to this contract.
SECTION D
CONTRACTOR
D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the
Contract. The term Contractor means the Contractor or his authorized representative.
D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an
independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of
and the exclusive right to control the details of the Work and services performed hereunder, and all
persons performing same, and Contractor shall be solely responsible for the acts of its officers, agents,
and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between
City and the Contractor, its officers, agents and employees, and the doctrine of respondent superior shall
not apply.
D-3 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the
Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at
once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The
Contractor shall do no work without Drawings, Specifications and Interpretations.
D-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and
attention. He shall be solely responsible for all construction means, methods, safety, techniques,
sequences and procedures and for coordinating all portions of the Work under the Contract Documents.
D-5 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and
pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities,
transportation and other facilities and services necessary for the proper execution and completion of the
Work.
The Contractor 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 the Contractor to employee laborers,
workmen or materialmen from outside local area.
The Contractor shall at all times enforce strict discipline and good order among his employees, and shall
not employ on the Work any unfit person or anyone not skilled in the task assigned to him.
D-6 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Duty to tray Prevailing Wa-ge Rates, The Contractor shall comply with all requirements of Chapter 2258,
Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by
the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258.
Such prevailing wage rates are included in these contract documents.
Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon
demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of
the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents.
This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government
Code 2258.023.
Complaints of Violations and City Determination of Good Cause. On receipt of information, including a
complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a
contractor or subcontractor, the City shall make an initial determination, before the 3111 day after the date
the City receives the information, as to whether good cause exists to believe that the violation occurred.
The City shall notify in writing the contractor or subcontractor and any affected worker of its initial
determination. Upon the City's determination that there is good cause to believe the contractor or
subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or
claimants as the difference between wages paid and wages due under the prevailing wage rates, such
amounts being subtracted from successive progress payments pending a final determination of the
violation.
Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section
2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be
submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq.,
Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by
agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph
(c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the
11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition
of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is
final and binding on all parties and may be enforced in any court of competent jurisdiction.
Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years
following the date of acceptance of the Work, maintain records that show (i) the name and occupation of
each worker employed by the Contractor in the construction of the Work provided for in this contract; and
(ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for
inspection by the City. The provisions of the Audit section of these contract documents shall pertain to
this inspection.
Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor
shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,
Texas Government Code.
Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the
site of the project at all times.
Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require
all of its subcontractors to comply with paragraphs (a) through (g) above.
On projects where special wage rates apply (e.g. Davis-Bacon) the Contractor agrees to meet all
requirements of such programs.
D-7 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and
equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of
good quality, free from faults and defects, and in conformance with the Contract Documents. All work not
so conforming to these standards may be considered defective. If required by the Architect or the Owner,
the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
Prior to occupancy of the Project by the Owner, the Contractor warranties and obligations to correct
defective Work exclude remedy for damage or defect caused by (i) abuse by the Owner's separate
contractors, or(ii) modifications made by the Owner or the Owner's separate contractors. After occupancy
of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude
remedy for damage or defect caused by (i) abuse, (ii) modifications not executed by the Contractor, (iii)
improper or insufficient maintenance, (iv) improper operation, (v) normal wear and tear, or (vi) normal
usage.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or
remedy provided by law or the Contract Documents.
D-8 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the
finished construction, Excise and Use Tax. Equipment and materials not consumed by or incorporated into
the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991.
D-9 LICENSES, NOTICES AND FEES: The Contractor shall obtain all Permits, Licenses,
Certificates, and Inspections, whether permanent or temporary, required by law or these Contract
Documents. The City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be
required for each work location. If the Contractor allows any permit to expire, he shall be responsible for all
renewals including any associated fees.
The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and
Orders of any public authority bearing on the performance of the Work. If the Contractor observes or
becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall
promptly notify the Architect and Owner in writing and any necessary changes will be made. If the
Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes,
Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect and
Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto.
D-10 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in
the Contract Documents. These allowances shall cover the net cost of the materials and equipment
delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site,
labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall
be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered
by these allowances to be performed for such amounts and by such persons as the Owner may direct, but
he will not be required to employ persons against whom he makes a reasonable objection. If the cost,
when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly
by Change Order which will include additional handling costs on the site, labor, installation costs, field
overhead, profit and other direct expenses resulting to the Contractor from any increase over the original
allowance.
D-11 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary
assistants who shall be in attendance at the Project site during the progress of the Work. The
superintendent shall be satisfactory to the Owner. The superintendent shall represent the Contractor and
all communications given to the superintendent shall be binding as if given to the Contractor. Important
communications will be confirmed in writing. Other communications will be so confirmed on written
request in each case.
D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be
responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their
agents and employees, and all other persons performing any of the Work under a contract with the
Contractor.
D-13 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided
for within the time herein fixed or to carry on and complete the same according to the true meaning of the
intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the
right to either demand the surety to take over the Work and complete same in accordance with the
Contract Documents or to take charge of and complete the Work in such a manner as it may deem
proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices
set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay
said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,
said excess cost.
D-14 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall
prepare and submit for the Architect's and Owner's approval, an estimated progress schedule for the
Work. The progress schedule shall be related to the entire Project and indicate critical path. 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
indicate the dates for submission and approval of shop drawings and submittals as well as the delivery
schedule for major pieces of equipment and/or materials.
The Contractor shall submit an updated progress schedule to the Architect and Owner at least monthly for
approval along with the Contractor's monthly progress payment requests.
D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for
the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders,
and other Changes and Amendments in good order and marked to record all changes made during
construction. 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-16 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations,
schedules, performance charts, brochures and other data which are prepared by the Contractor or any
Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. These
may be provided in an electronic format acceptable to the Architect.
Samples are physical examples furnished by the Contractor to illustrate materials, equipment or
workmanship, and to establish standards by which the Work will be judged. Three copies of all physical
examples shall be provided.
The Contractor shall review, approve, and submit, with reasonable promptness and in orderly sequence
so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days
of the work, six copies of all shop Drawings and Samples required by the Contract Documents or
subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall
be properly identified as specified, or as the Architect may require. At the time of submission the
Contractor 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 chocked and coordinated each shop drawing 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 Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to
cause no delay, but only for conformance with the design concept of the Project and with the information
given in the Contract Documents. The 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 shall resubmit the required
number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct
specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections
requested by the Architect on previous submissions.
The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for
any deviation from the requirements of the Contract Documents unless the Contractor has informed the
Architect in writing of such deviation at the time of submission and the Architect has given written approval
to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors
or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the
Architect has approved the submittal. All such portions of the Work shall be in accordance with approved
Shop Drawings and Samples.
D-17 SITE USE: The Contractor shall confine operations at the site to areas permitted by law,
ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any
materials or equipment. Until acceptance of the Work by the City, the entire site of the Work shall be
under the exclusive control, care and responsibility of the Contractor. Contractor shall take every
precaution against injury or damage to persons or property by the action of the elements or from any other
cause whatsoever. The Contractor shall rebuild, repair, restore and make good at his own expenses all
injuries or damages to any portions of the Work occasioned by any of the above, caused before
acceptance.
D-18 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of
his Work that may require making its several parts fit together properly, and shall not endanger any Work
by cutting, excavating or otherwise altering the Work or any part of it.
D-19 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste
materials or rubbish. At the completion of the Work he shall remove all his waste materials and rubbish
from and about the Project as well as all his tools, construction equipment, machinery and surplus
materials, and shall clean all glass surfaces and leave the Work "Broom-clean" or its equivalent, except at
otherwise specified. In addition to removal of rubbish and leaving the buildings "broom-clean", Contractor
shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work,
clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete,
tile and terrazzo floors.
If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the
Contractor,
D-20 COMMUNICATIONS: As a general rule, the Contractor shall forward all communications to the
Owner through the Architect.
D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall
observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental
Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project
Manual.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the
Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the
Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his
authorized representative.
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner
and the Architect and any subcontractor or any of his sub-subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS: The Contractor shall furnish a list of the names of the
subcontractors or other persons or organizations (including those who are to furnish materials or
equipment fabricated to a special design) proposed for such portions of the Work as may be designated in
the bidding requirements, or if none is so designated in the bidding requirements, the names of the
Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the
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 of 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 apparent low bidder may, prior to the
award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute,
the Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner
or Architect objects in writing to any person or organization on such list, the Contractor shall provide an
acceptable substitute.
The Contractor shall not make any substitution for any Subcontractor or person or organization that has
been accepted by the Owner 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 Subcontractor (and where
appropriate between Subcontractors and Sub-subcontractors) which shall contain provisions that:
1. Preserve and protect the rights of the 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;
2. Require that such Work be performed in accordance with the requirements of the Contract
Documents;
3. Require submission to the Contractor of applications for payment under each subcontract to which the
Contractor is a party, in reasonable time to enable the Contractor to apply for payment;
4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with
respect to subcontracted portions of the Work shall be submitted to the Contractor (via any
Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract
Documents for like claims by the Contractor upon the Owner;
5. Waive all rights the contracting parties may have against one another for damages caused by fire or
other perils covered by the property insurance, except such rights, if any, as they may have to
proceeds of such insurance held by the Owner, and,
6. Obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract,
and every subcontract shall be so construed and applied as to the Owner and the Architect,whether or not
such provisions are physically included in the sub-contract.
E-4 MINORITY BUSINESS ENTERPRISE (MBE): Should the base proposal be $50,000 or less, the
requirements of this section do not apply.
As of June 1, 2012, The City of Fort Worth is implemented a new Business Diversity Ordinance (BDO) to
reflect the City's availability and disparity study findings and recommendations. During this transition
period, interested Offerors must obtain a MBE listing from the MIWBE Office. This will ensure that MBE
listings reflect only those currently certified by the North Central Texas Regional Certification Agency
(NCTRCA) located in the six (6)-county geographic marketplace that have been accepted by the City.
The City's geographic marketplace includes the counties of:Tarrant, Dallas, Denton,Johnson, Parker and
Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the
geographic marketplace that will be counted towards the established goal.
In accordance with City of Fort Worth Diversity Business Ordinance (BDO) No 20020-12-2011 (the
"Ordinance"), the City of Fort Worth sets goals for the participation of Minority Business Enterprises (MBE)
in City contracts. Ordinance No 20020-12-2011 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 with the
Ordinance shall be a material breach of contract.
Prior to Award: The MBE documentation required by the procurement solicitation must be submitted
within five city business days after the proposals are opened. Failure to comply with the City's Business
Diversity Ordinance, or to 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 MBE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor
shall also provide monthly reports on utilization of the subcontractors to the MIWBE Office and the
Building Construction Manager. Contractor must provide the City with complete and accurate information
regarding actual work performed by an MBE on the contract and proof of payment thereof. Contractor
further agrees to permit an audit and/or examination of any books, records or files in its possession that
will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or the
commission of fraud by the Contractor will 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 determined to be an irresponsible
Offeror and barred from participating in City 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 tier of MBE subcontractors and/or suppliers. The
Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture
equal to the percentage of the MBE 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 MBE subcontractor or supplier, the
MBE shall be given an opportunity to perform the work. Whenever a change order is $50,000 or more,
the M/WBE Office Coordinator shall determine the goals applicable to the work to be performed under the
change order.
During the term of the contract the Contractor shall:
1. Make no unjustified changes or deletions in its MBE participation commitments submitted with the
bid/proposal or during negotiation, without prior submission of the proper documentation for review
and approval by the M/W BE 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 of the ordinance,
exclusive of the time requirements stated in such subsections.
3. The Contractor shall submit to the M/WBE Office for approval an MBE REQUEST FOR APPROVAL
OF CHANGE FORM, if, during the term of any contract, the Contractor wishes to change or delete
one or more MBE subcontractors or suppliers.
Justification for change of subcontractors may be granted for the following:
1, An MBE's failure to provide Workers' Compensation Insurance evidence as required by state law; or
2. An MBE'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 than 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 agreements used on other projects of similar size and scope and within the
Contractor's normal business practice with non-MBE subcontractors/sub consultant's or suppliers;or
3. An MBE's failure to execute the Contractor's 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 twice a month; or j
c) Any limitation being placed on the ability of the MBE 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 to provide notice of any claim to the Contractor's surety
company or insurance company.
d) Mediation shall be a consideration before the request for change is approved.
4. An MBE defaults in the performance of the executed subcontract. In this event, the Contractor shall:
a) Request bids from all MBE subcontractors previously submitting bids for the work,
b) If reasonably practicable, request bids from previously non-bidding MBEs, and
c) Provide to the MIWBE Office documentation of compliance with (a) and (b) above.
5. Any reason found to be acceptable by the MIWBE Office in its sole discretion.
Within ten days after final payment from the City the Contractor shall provide the MIWBE Office with
documentation to reflect final participation of each subcontractor and supplier, including non-MBEs, 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 percentage of completion allowed to the
Contractor on account of such Subcontractor's Work. The Contractor shall also require each
Subcontractor to make similar payments to his subcontractors.
If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor
and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand,
made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the
extent completed, less the retained percentage.
The Contractor shall pay each Subcontractor a just share of any insurance monies received by the
Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors.
The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable, information
regarding percentages of completion certified to the Contractor on account of Work done by such
Subcontractors.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any
monies to any Subcontractor.
IE-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION
(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 to comply with all applicable Federal, State, and local requirements in
addition to those set forth in this section.
No subcontractor will be employed on this Project, except as specifically 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 contractor
or subcontractor will 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 subcontractor must submit weekly each weekly payroll record and a weekly statement of
compliance. These documents will be submitted to the prime contractor who 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.
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
(Compliance 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 contracts are awarded for other portions of the Work, "the
Contractor" in the Contract Documents in each case shall be the contractor who signs each separate
contract.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors
reasonable opportunity for the introduction and storage of their materials and equipment and the execution
of their work, and shall properly connect and coordinate his work with theirs.
If any part of the Contractor's Work depends for proper execution or results upon the work of any other
separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent
discrepancies or defects in such work that render it unsuitable for such proper execution and results.
Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's
work as fit and proper to receive his Work, except as to defects which may develop in the other separate
contractor's work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the site, the
Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If
such separate contractor sues the Owner on account of any damage alleged to have been so sustained,
the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and
if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and
shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred
in connection with such suit.
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: 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 cutting, 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 party responsible therefor.
F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors 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 Project Management Department 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 with all Federal, State, and County and City
Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those
engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and
all of its officers and agents against any claim or liability arising from or based on the violation of any such
Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his employees,
agents or subcontractors.
G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and
entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort
Worth and the laws of the State of Texas with reference to and governing all matters affecting this
Contract, and the Contractor agrees to fully comply with all the provisions of the same.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of
the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this
Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees
of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur
any personal liability by virtue of such performance hereunder, except for gross negligence or willful
wrong.
G-4 COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws, Federal, state and local,
including all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials incorporated
into the finished Project are not subject to State Sales Tax.
The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate
subcontractor are responsible for obtaining all other construction permits from the governing agencies.
Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the
permit requirements. Building, plumbing, electrical and mechanical building permits are issued without
charge. Water and sewer tap, impact & access fees will be paid by the City. Any other permit fees are
the responsibility of the Contractor.
G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and
architect, and their personnel at the project site for Contractor's sole negligence. In addition,
Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the
Owner, its officers, servants and employees, from and against any and all claims or suits for
property loss, property damage, personal injury, including death,arising out of, or alleged to arise
out of, the work and services to be performed hereunder by Contractor, its officers, agents,
employees, subcontractors, licensees or invitees, whether or not any such Injury, damage or
death is caused, in whole or in part, by the negligence or alleged nealigence of Owner, its officers,
servants or employees. Contractor likewise covenants and agrees to indemnify and hold
harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the
performance of any of the terms and conditions of this Contract, whether or not any such Iniury or
damage Is caused in whole or in part by the nealiaence or alleged negligence of Owner, its
officers, servants or employees.
In the event Owner receives a written claim for damages against the Contractor or its
subcontractors prior to final payment, final payment shall not be made until Contractor either (a)
submits to Owner satisfactory evidence that the claim has been settled and/or a release from the
claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier
that the claim has been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding
as a result of work performed under a City Contract.
G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be
binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shall
not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written
consent of the Owner. Any such purported assignment or subletting without the prior written consent of
Owner shall be void.
G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in
person to the individual or member of the firm or to an officer of the corporation for whom it was intended,
or if delivered at or sent by registered or certified mail to the last business address known to him who
gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The
Contractor agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth
good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract
and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work,
such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as
amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the
total contract price, and the said surety shall be a surety company duly and legally authorized to do
business in the State of Texas, and acceptable to the City Council of the City of Fort Worth.
Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be
properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in
compliance with all relevant local, state and federal statutes.
To be an acceptable surety on the bond the name of the surety should be included on the current U. S.
Treasury List of Acceptable Securities [Circular 5701, 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, accredited, or trusteed to do business in the State of
Texas.
Should any surety for the contracted project be determined unsatisfactory at any time during same, the
Contractor shall immediately provide a new surety bond satisfactory to the City.
If the contract amount is $25,000 or less, payment to the Contractor shall be made in one lump sum.
Payment shall not be made for a period of 45 calendar days from the date the work has been completed
and accepted by the City.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry
out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,
the Owner may, without prejudice to any other remedy he may have, enter the site and make good such
deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments
then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of 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
to the Owner.
G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall
defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from
loss on account thereof and shall be responsible for all such loss when a particular design, process or the
product of a particular manufacturer or manufacturers is specified; however, if the Contractor has reason
to believe that the design, process or product specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such information to Owner.
G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any
public authority having jurisdiction require any Work to be inspected, tested or approved, the Contractor
shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe
such inspection, testing or approval. The Owner shall bear all costs of such inspection, tests and
approvals unless otherwise provided.
If after the commencement of the Work, the Owner determines that any work requires special inspection,
testing or approval not included above, the Architect, upon written authorization from the Owner, will
instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give
notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the
Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the
performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public
authority having jurisdiction, the Contractor shall bear all costs thereof, including 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 three copies will be promptly
delivered by him to the Architect. 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 the observations of the Architect or the Owner in their administration of the Construction Contract,
nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from
his obligations to perform the Work in accordance with the Contract Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work
under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved
sections of the utility. In some cases, the Contractor may be required to perform the Work while the
existing utility is in service. The existing utility service may be interrupted only when approved by the
Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in
writing at least ten days in advance of the time that he desires the existing service to be interrupted. The
interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that
requires continuous service from the existing utility, an interruption may not be subject to schedule at the
time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of
minimum requirements of demand for the utility. The amount of time requested by the Contractor of
existing utility services shall be as approved by the Owner.
G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout
of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be
referred to the Architect for adjustment before work affected is performed. Failure to make such
notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner
at the Contractor'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 Architectural, Structural,
Mechanical an Electrical drawings; each with the other that in any affects 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
neglect on his part to comply with this 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 all
measurements at the site or at the building and shall be wholly responsible for the correctness of same.
No extra charge or compensation will be allowed on account of any difference between actual dimensions
and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the
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 protected, 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 the Drawings. All reasonable precautions shall be taken to preserve and protect any
such improvements whether or not shown on the Drawings.
Location of existing underground lines, shown the Drawings are based on the best available sources, but
are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines
before 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 floor, wall and ceiling materials that:
1. Preserve and protect the rights of the 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;
2. Place joints to relate to all 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 the above, the Contractor shall request the Architect to determine the most
satisfactory arrangement. The Contractor shall establish centerlines for all trades.
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 obstruct 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 cost to the Owner.
G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether
expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be
incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that
asbestos-containing materials are not incorporated into any portion of the project, including advising all
materials suppliers and subcontractors of this requirement. The Contractor shall verify that components
containing lead do not contact the potable water supply.
G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping,
ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location
shown. When this situation occurs, it shall be brought to the Architect's attention immediately and the
relocation determined in a joint conference. The Contractor will be held responsible for the relocating of
any items without first obtaining the Architect's approval. He shall remove and relocate such items at his
own expense if so directed by the Architect. Where possible, uniform margins are to be maintained
between 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 strength.
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
instructions, direction or specifications, or words to this effect, it shall be construed to mean that said
application or installation shall be in strict accordance with printed instructions furnished by the
manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies
of such instructions shall be furnished to the Architect and his approval thereof obtained before work is
begun.
G-22 CLEANING UP: The Contractor shall keep the premises free from 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 floors and base, and vacuum carpeting.
2. Dust all metal and wood trim and similar finished 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, etc. 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 shall be clean and polished, all required repair work
shall be completed and dirt areas shall be scraped and cleared of weed growth.
9. Clean all 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.
10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or
required in the Specifications shall be taken to indicate the required condition at the time of
acceptance of all 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 created 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 the Architect, operations causing such problems shall be temporarily
discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to
reduce the risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be
removed daily from in and about the building and shall not be permitted to be scattered on adjacent
property.
Suitable storage space shall be provided outside the immediate building area for storing flammable
materials and paints; no storage will be permitted in the building. Excess flammable liquids being used
inside the building shall be kept in closed metal container and removed from the building during unused
periods.
A fire extinguisher shall be available at each location where cutting or welding is being performed. Where
electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used
to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a
watchman shall be present to cover periods when other workmen are not on the premises.
The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA
Bulletins Nos. 10 and 241. However, in all cases a minimum of two fire extinguishers shall be available for
each floor of construction.
G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is
indicate(T such work shall be neatly sawed or cut by Contractor 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.
At no time shall any structural members be cut without written consent from the Architect.-
G-26 PROJECT CLOSEOUT
Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial
Completion and Final Payment".
Maintenance Manual: Sheets shall be 8 IlY x 11", except pull out sheets may be neatly folded to 8 11Yx 1 V.
Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and
shall contain:
1) Name, address and trade of all sub-contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing Contractor,
manufacturer's local representative, for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature
control,fan, electrical panels, service entrance equipment and light fixtures.
4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block,
paint, roofing, and other materials.
Submit three digital electronic copies of Maintenance Manuals, prior to request for final payment.
Operational Ins ection and Maintenance Instruction: The Contractor shall provide at his expense,
competent manufacturer's representatives to completely check out all mechanical and electrical systems
and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to
and during the initial start-up. After all systems are functioning properly the representatives shall instruct
maintenance personnel of the Owner in the proper operation and maintenance of each item.
G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final
payment, guarantees required by technical divisions of Specifications shall be properly executed in
quadruplicate by subcontractors and submitted through the Contractor to 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 shall be extended to cover
such longer periods. Manufacturer's extended warrantees shall be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection
and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect
by Owner or his successor(s) in interest,
The Contractor agrees to warrant his work and materials provided in accordance with this contract and the
terms of the Technical Specifications contained herein. Unless supplemented by the Technical
Specifications or the manufacturer's normal extended warrantees, the Contractor shall warrant all work
materials, and equipment against defects for a period of one year from the date of final acceptance. The
Contractor further agrees to bear all costs of making good all work that is found to be defective or not
provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged
due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost
of repairing and/or replacing damaged items and components to bring such items back to at least their
original condition.
G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment,
one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red
by the Contractor to show variations between the construction actually provided and that indicated or
specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a
choice of materials and/or methods is permitted herein and where variations in the scope or character of
the work from the entire work indicated or specified are permitted either by award of bidding items
specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the
construction actually provided, The representation of such variations shall conform to standard drafting
practice and shall include supplementary notes, legends and details which may be necessary for legibility
and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual
location of all sub-surface utility lines, average depth below the surface and other appurtenances.
G-29 CONSTRUCTION FENCE: The Contractor shall provide a substantial chain-link construction
fence around all or a part of the site. The fences and gates must be maintained throughout the
construction period. Remove the fences and gates upon completion of the 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, detorioration and loss, including theft (and resulting delays), thereby ensuring highest quality
results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term
storage at project site prior to installation.
G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and
equipment from the Project site and dispose of it in accordance with the law. Equipment or material
identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the
Owner at any location in within the City limits as directed by the City.
G-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 obligate the Contractor to provide the specified material if
awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the
Contractor will submit a full sized sample and/or detailed information as required to allow the architect to
determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute
accepted",the City will accept no alternates to the specified equipment.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and
is the number of calendar days elapsing between the date of commencement and the date of Substantial
Completion plus additional days assessed for failure to complete punch list items from the Final Inspection
in a timely manner and additional weather days beyond what is allotted in the contract.
The Date of Commencement of the Work is the date established in the Notice to Proceed. If there is no
notice to proceed, it shall be the date of the Agreement or such other date as may be established therein.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the
Architect 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 portion thereof can be made only by
the Director of the Property Management Department, and no other form of acceptance will be binding
upon the Owner.
A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week, including
Sunday, regardless of whether a "Working Day' or not, and regardless of weather conditions or any
situation which might delay construction. An extension of contract time shall be in accordance with this
Section. Extensions of time will be as recommended by the Architect with final approval by City of Fort
Worth.
A Working Day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in
which weather or other conditions not under the control of the Contractor permit the performance of work
for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in
these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if
he so desires. Legal holidays for the City of Fort Worth are defined as being New Year's Day,
Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, Christmas Day, Memorial
Day and Martin Luther King Jr. Day.
H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of
essence to the Contract.
The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall
carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time.
H-3 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress
of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by
any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes,
fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's
control, or by any cause which the 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 City of Fort Worth
Weather Table provided in these Contract Documents shall be used as the basis for providing a fair and
equitable adjustment of the contract time.
All claims for extension of time shall be made in writing to the 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 shall be
furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until
fifteen days after demand is made for them, and not then unless such a claim is reasonable.
H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than
the extensions of time provided for) shall be made to the Contractor for damages because of hindrances
or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or
unavoidable, and the Contractor agrees that he will make no claim for compensation, damages or
mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays
said extension of time.
SECTION I
PAYMENTS AND COMPLETION
1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by
the Owner to the Contractor for the performance of the Work under the Contract Documents.
1-2 SCHEDULE, OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to
the Architect a Schedule of Values of the 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 correctness as the Architect may require. Each item in the Schedule of
Values shall include its 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.
1-3 ADJUSTMENT OF QUANTITIES(NOT USED)
1-4 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been
completed, the Contractor will make current estimates in writing for review by the Architect and Owner of
materials in place complete and the amount of work performed during the preceding month or period and
the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress
Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but
delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be
conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the
Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's
interest including applicable insurance and transportation to the site.
The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an
Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the
receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or
encumbrances hereinafter referred to as `liens"; and that no Work, materials or equipment covered by an
Application for Payment will have been acquired by the Contractor, or by any other persons performing the
Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which
an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the
Contractor or such other person.
The Contractor shall prepare each application for payment on AIA Document G702, "Application and
Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the
progress made to date and the period or month for which payment is requested for each Item listed in the
Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the
pay request can be accepted.
1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above,
the Architect will, with reasonable promptness but not more than seven days after the receipt of the
Application, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined
to be properly due, or state in writing reasons for withholding a Certificate.
The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the
Architect's observations at the site and the data comprising the Application for Payment, that the Work
has progressed to the point indicated; that the quality of the Work is in accordance with the Contract
Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to
the results of any subsequent tests required by the Contract Documents, to minor deviations from the
Contract Documents correctable prior to completion, and to any specific qualifications stated in the
Certificate); and recommendations to the Owner that the Contractor be paid in the amount certified. In
addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the
Contractor's being entitled to final payment as set forth in this Section have been fulfilled.
After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same
within ten days after it has been delivered to the Director of the Property Management Department. For
contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within
seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner
until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth.
For contracts in excess of $400,000, the Owner will retain only 5%of each estimate until the final estimate
is approved and work accepted by the City Council of the City of Fort Worth.
No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or
occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with
the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility
for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work and
pay for any damage to other work resulting therefrom that shall appear within a period of one year from
the date of final acceptance of the Work unless a longer period is specified.
I-6 PAYMENTS WITHHELD: The Architect 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 inspections, may nullify the
whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in
his opinion to protect the Owner from loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or
equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another contractor;
6) Reasonable indication that the Work will not be completed within the Contract Time;or
7) Unsatisfactory prosecution of the Work by the Contractor.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld
because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without
payment of interest, if the Contractor fails to perform the Work in accordance with the specifications.
1-7 NOT USED
1-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows:
Amount of Contract Liquidated Damages Per Day
$15,000 or less $45
$15,001 to $25,000 $63
$25,001 to$50,000 $105
$50,001 to$100,000 $154
$100,000 to$500,000 $210
$500,001 to $1,000,000 $315
$1,000,001 to$2,000,000 $420
$2,000,001 to$5,000,000 $630
$5.000,001 to$10,000,000 $840
over$10,000,000 $980
1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the Architect should fail to
issue any Certificate for Payment within seven days after receipt of the Contractor's Application for
Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the
Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the
amount thereof within the period of time specified, then the Contractor may, upon seven (7) days
additional written notice to the Owner and to the Architect, stop the Work until payment of the amount
owing has been received.
1-10 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 substantially complete, the City 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 responsibilities of the Owner
and the Contractor for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a
"final punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days.
When the Certificate of Occupancy has been issued, the retainage may be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the
retainage may be reduced to 2.5%.
Should the Contractor fail to complete all contractual requirements of the contract, including submittals
and final pay request within the fixed time, the contract time will again commence. Should the Contractor
fail to complete the work within the contract duration, liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint
inspection and certify completion of the final punch list by cosigning it with the Contractor.
The Contractor shall submit the following items to the City prior to requesting final payment:
1) Contractor's Affidavit of Payment of Debts and Claims (0706) stating that all payrolls, bills for
materials and equipment, and other indebtedness connected with the Work for which the Owner or his
property might in any way be responsible, have been paid or otherwise satisfied,
2) Consent of Surety to Final Payment (G707), if any, to final payment,
3) Contractor's Affidavit of Release of Liens (0706A), and,
4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and
waivers of liens arising out of the Contract, to the extent and in such form as may be designated by
the Owner.
5) Contractor's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of
Liens, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to
indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman
or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor
shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,
claim or lien, including all costs and reasonable attorney's fees.
The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver
of all claims by the Contractor except those previously made in writing and still unsettled.
The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort
Worth.
The designated representative of the City of Fort Worth will make final acceptance and no other form of
acceptance will be binding upon the Owner. .
1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period
of 30 calendar days and until all requirements have been met, with the exception of Consent of Surety for
Final Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work. The
Contractor shall designate a responsible member of his organization at the site whose duty shall be the
prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated
in writing by the Contractor to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions
for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to:
(1) All employees on the Work and all other persons who may be affected thereby;
(2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or-off
the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-
contractors;and
(3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designated for removal, relocation or replacement in the course
of construction.
Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take
every precaution against injury or damage to the Work by the action of the elements or from any other
cause whatsoever, whether arising from the execution or from the non-execution of the Work. The
Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any
portion of the Work occasioned by any of the above, caused before its completion and acceptance.
The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any
public authority having jurisdiction for the safety of persons or property or to protect them from damage,
injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all
reasonable safeguards for safety and protection, including posting danger signs and other warnings
against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the
execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities
under the supervision of properly qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by
the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone
for whose acts any of them may be liable, shall be remedied by the Contractor, including damage or loss
attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed
by him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor
or anyone claiming through the Contractor for such damage or loss.
The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.
J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from
start to completion of work. Each Contractor, employee and visitor at any construction site included in the
Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by
Contractor, employees and visitors. Contractor shall provide hard hats for use by the consulting Architects
and Engineers and visitors.
J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor
shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or
extension of time claimed by the Contractor on account of emergency work shall be determined as
provided in Changes in the Work.
J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and
equipment used in performing required work so as to insure the safety of his workmen, City employees
and the public. The Contractor shall keep the premise free at all times from accumulation of waste
materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and
rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall
leave the area as clean and free of spot, stains, etc., as before the work was undertaken.
J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of
trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the Contractor
shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal, the
Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his
Schedule of Values.
SECTION K- INSURANCE
K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he
has obtained all insurance required under this Section and such insurance has been approved by the City
of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under
this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City
of Fort Worth will be listed as an "additional insured"on all policies except Worker's Compensation.
K-2 WORKERS' COMPENSATION INSURANCE
1) General:
a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)
a certificate showing that it has obtained a policy of workers compensation insurance covering
each of its employees employed on the project in compliance with state law. No Notice to
Proceed will be issued until the Contractor has complied with this section.
b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every
subcontractor who will perform work on the project to provide to it a certificate from such
subcontractor stating that the subcontractor has a policy of workers compensation insurance
covering each employee employed on the project. Contractor will not permit any subcontractor to
perform work on the project until such certificate has been acquired. Contractor shall provide a
copy of all such certificates to the Owner (City).
c) By signing this Contract or providing or causing to be provided a certificate of coverage, the
Contractor is representing to the City that all employees of the Contractor who will provide
services on the project will be covered by worker's compensation coverage for the duration of the
project, that the coverage will be based on proper reporting of classification codes and payroll
amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or,
in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of
Self-Insurance Regulation. Providing false or misleading information may subject the Contractor
to administrative penalties, criminal penalties, civil penalties or other civil actions.
d) The Contractor's failure to comply with any of these provisions is a breach of contract by the
Contractor which entitles the City to declare the contract void if the Contractor does not remedy
the breach within ten days after receipt of notice of breach from the City.
2) Definitions:
a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority
to self-insure issued by the Texas Workers' Compensation Commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers'
compensation insurance coverage for the person's or entity's employees providing services on a
project,for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the
Contractor'slperson's work on the project has been completed and accepted by the City.
c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all
persons or entities performing all or part of the services the Contractor has undertaken to perform
on the project, regardless of whether that person contracted directly with the Contractor and
regardless of whether that person has employees. This includes, without limitation, independent
contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of
any such entity, or employees of any entity which furnishes persons to provide services on the
project. "Services" include, without limitation, providing, hauling, or delivering equipment or
materials, or providing labor, transportation, or other services related to a project. "Services"does
not include activities unrelated to the project, such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
3) Requirements:
a) The Contractor shall provide coverage, based on proper reporting of classification codes and
payroll amounts and filing of any coverage agreements, which meets the statutory requirements of
Texas labor Code, Section 401.011(44) for all employees of the Contractor providing services of
the project, for the duration of the project.
b) The Contractor must provide a certificate of coverage to the governmental entity prior to being
awarded the contract,
c) If the coverage period shown on the Contractor's current certificate of coverage ends during the
duration of the project, the Contractor must, prior to the end of the coverage period, file a new
certificate of coverage with the City showing that coverage has been extended.
d) The Contractor shall obtain from each person providing services on a project, and provide to the
City:
i) a certificate of coverage, prior to that person beginning work on the project, so the
governmental entity will have on file certificates of coverage showing coverage for all persons
providing services on the project; and
ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing
extension of coverage, if the coverage period shown on the current certificate of coverage
ends during the duration of the project.
e) The Contractor shall retain all required certificates of coverage for the duration of the project and
for one year thereafter.
f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10)
days after the Contractor knew or should have known, of any change that materially affects the
provision of coverage of any person providing services on the project.
g) The Contractor shall post on each project site a notice, in the text,form and manner prescribed by
the Texas Worker's Compensation Commission, informing all persons providing services on the
project that they are required to be covered, and stating how a person may verify coverage and
report lack of coverage.
h) The Contractor shall contractually require each person with whom it contracts to provide services
on a project,to:
i) provide coverage, based on proper reporting on the classification codes and payroll amounts
and filing of any coverage agreements, which meets the statutory requirements of Texas labor
Code, Section 401.011(44) for all of its employees providing services on the project, for the
duration of the project;
ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of
coverage showing that coverage is being provided for all employees of the person providing
services on the project, for the duration of the project;
iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage
showing extension of coverage, if the coverage period shown on the current certificate of
coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts, and provide to the Contractor:
(1) a certificate of coverage, prior to the other person beginning work on the project;and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the
coverage period, if the coverage period shown on the current certificate of coverage ends
during the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one
year thereafter.
vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the
person knew or should have known, of any change that materially affects the provision of
coverage of any person providing services on the project; and
vii) contractually require each person with whom it contracts, to perform as required by
paragraphs h-i) - vii), with the certificates of coverage to be provided to the person for whom
they are providing services.
4) Posting of Required Worker's Compensation Coverage:
a) The Contractor shall post a notice on each project site informing all persons providing services on
the project that they are required to be covered, and stating how a person may verify current
coverage and report failure to provide coverage. This notice does not satisfy other posting
requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's
Compensation Commission rules. This notice must be printed with a title in at least 30 point bold
type and text in at least 19-point normal type, and shall be in both English and Spanish and any
other language common to the worker population. The text for the notices shall be the following
text, without any additional words or changes:
"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this
construction project must be covered by worker's compensation insurance. This includes
persons providing, hauling, or delivering equipment or materials, or providing labor or
transportation or other service related to the project, regardless of the identity of their
employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive
information on the legal requirement for coverage, to verify whether your employer has
provided the required coverage, or to report an employer's failure to provide coverage."
K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this
Contract such Liability Insurance as shall protect him, the City of Fort Worth and any Subcontractor
performing work covered by this Contract, from claims of damage which may arise from operations under
this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project,
whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly
employed by either of them and the limits of such insurance shall be not less than the following:
1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury
and property damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned
and borrowed vehicles used in connection with this Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as
comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for
use in Texas and the policy shall have no exclusions by endorsement unless such are approved by
the City.
3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of
Asbestos Containing Materials, the Contractor, or subcontractor performing the removal, shall be
required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence;
$2,000,000 aggregate limit. The coverage shall include any pollution exposure, including
environmental impairment liability, associated with the services and operations performed under this
contract in addition to sudden and accidental contamination or pollution liability for gradual emissions
and clean-up costs.
K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation, the
Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk
Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion,
smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract
Sum.
The policy shall include coverage for materials and supplies while in transit and while being stored on or
off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and
earthquake. Different sub-limits for these coverages must be approved by the City.
Consequential damage due to faulty workmanship and/or design performed by the Contractor or his
agents shall be covered.
Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before
terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance
documenting the Property Management Department, City of Fort Worth as a "Certificate Holder", and
noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of
insurance. More than one certificate may be required of the Contractor depending upon the agents and/or
insurers for the Contractor's insurance coverages specified for the project(s),
K-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance
policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City
of Fort Worth.
3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be
authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth, and
such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are
concerned. Any company through which the insurance is placed must have a rating of at least A: VII,
as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less
favorable rate maybe accepted by the City.
4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require
approval of the City of Fort Worth as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in
the event of cancellation or non-renewal in coverage regarding any policy providing insurance
coverage required in this Contract.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort
Worth.
7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations
pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation
shall not be construed as a waiver of insurance requirements specified herein.
8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the
insurance policies including endorsements thereto and, at its discretion, to require proof of payment
for policy premiums.
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required
herein.
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required
herein shall be provided to the City in a timely manner.
11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall
not apply to any insurance policy or program maintained by the City of Fort Worth.
12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages
and limits thereof as specified herein or the Contractor shall provide such coverage on the
Contractor's subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the
Work within the general scope of the Contract consisting of additions, deletions or other revisions, the
Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be
authorized by Change Order, and shall be executed under the applicable conditions of the Contract
Documents.
A Change Order is a written order to the Contractor signed by the Contractor, 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 Contract Sum and the Contract Time may be changed only by Change
Order.
Any changes in work required due to changed or unforeseen conditions, or by request of either the
Contractor or the City, shall be coordinated with the Director, Property Management Department. A
change order must be written and duly negotiated and executed prior to performing changed work.
The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of
the following ways:
1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for
overhead and profit stipulated in the original contract proposal;
2) by unit prices stated in the Contract Documents or subsequently agreed upon;or
3) by cost and a mutually acceptable fixed or percentage fee.
If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a
Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be
determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable
allowance for overhead and profit as indicted in the original contract proposal. In such cases, the
Contractor shall keep and present, in such form as the Architect 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 Payment as approved by the Owner.
If after the Contract has been executed, the Architect, requests a price proposal from the Contractor for a
proposed change in scope of the work, Contractor shall process such proposal within seven days of
receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation
and if approval is recommended, forward the proposed change order request and price proposal to the
Owner for approval. If approval is not recommended, the Architect will attempt to negotiate with Contractor
to revise the 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 type
Change Order with a price-not-to-exceed figure for approval by the City and require specific
documentation to be provided by Contractor in accordance with the paragraph above.
Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all
Change Orders and Work Orders which results in an increase in cost of the contract amount by over
$100,000. Normal processing time for the City Staff to obtain City Council approval, once the
recommended change order has been received at the City, is approximately thirty days. Owner and
Contractor shall endeavor to identify Change Order items as early in the Construction process as possible
to minimize their impact on the construction schedule.
If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities
originally contemplated are so changed in a proposed Change Order that application of the agreed unit
prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor, the
applicable unit prices shall be equitably adjusted to prevent such hardship.
If the Contractor claims that additional cost or time is involved because of (1) any written interpretation
issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section
B, where the Contract was not at fault, or (3) any written order for a minor change in the Work, the
Contractor shall make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an
increase in the Contract Sum or an extension in the Contract Time, he shall give the 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.
I
L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be
ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead
and profit:
1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own
forces shall not exceed fifteen percent 15% .
2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and
supervised by the Contractor shall not exceed ten percent LIQ%d.
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 with the intent of the Contract Documents. Such changes may be effected by Field Order or
by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on
the Owner and the Contractor.
L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract
Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time.
The Contractor shall carry out such Field Orders promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-9 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner,
it 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 the
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 shall promptly correct all work rejected by the
Architect or Owner as defective or as failing to conform to the Plans and Specifications whether observed
before or after Substantial Completion and whether or not fabricated, installed or completed. The
Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's
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
proscribed by law or by the terms of any applicable special guarantee required by the Contract
Documents, any of the work is found to be defective or not in accordance with the Contract Documents,
the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the
Owner has previously given the Contractor a written acceptance of such condition, describing same
specifically and not generally. The Owner shall give such notice promptly after discovery of the condition.
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site
where necessary and the work shall be corrected to comply with the Contract Documents without cost to
the Owner.
Defective or non-conforming work shall be completed in a timely manner. The Contractor shall respond
and/or repair any work that is deemed an emergency by the City within 48 hours. The Contractor shall
respond and/or repair any other defective or non-conforming work within seven days.
The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged
by such removal or correction.
If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed
by written notice from the Owner, the Owner may remove it and may store the materials or equipment at
the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within
ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at
private sale and shall account for the net proceeds thereof, after deducting all the costs that should have
been borne by the Contractor including compensation for additional architectural services. If such
proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be
charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or
thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the
difference to the Owner.
If the Contractor fails to correct such defective or non-conforming work, the Owner may correct it in
accordance with Section G.
The obligation of the Contractor under this Section shall be in addition to and not in limitation of any
obligations imposed upon him by special guarantees required by the Contract Documents or otherwise
prescribed by law.
M-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 determined after final payment, it shall be paid by the Contractor.
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an
order or any court or other public authority having jurisdiction, through no act or fault of the Contractor or a
Subcontractor or their agents or employees or any other persons performing any of the work under a
contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for
the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the
end of such period of 30 days and upon seven additional days' written notice to the Owner , terminate the
Contract.
N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a
general assignment for the benefit of his creditors, or if a receiver is appointed on account of his
insolvency, of if the Contractor refuses, except in cases for which extension of time is provided, to supply
enough properly skilled workmen or proper materials, or if he fails to make prompt payment to
Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances,
Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial
violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient
cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the
Contractor and his surety, if any, seven (7) days' written notice, terminate the employment of the
Contractor and take possession of the site and of all materials, equipment, tools, construction equipment
and machinery thereon owned by the Contractor and may finish the work by whatever method he may
deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the
Work is finished.
If the costs of finishing the Work, including compensation for the Architect's additional services. exceed
the unpaid balance of the Contract; the Contractor shall pay the difference to the Owner.
The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such
termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a
notice of termination specifying to what extent performance of the work of the contract is being terminated
and the effective date of termination. After receipt of termination the Contractor shall:
a) Stop work under the Contract on the date and to 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 extent that they relate to the performance of the work
terminated by the notice of termination.
After termination as above, the City will pay the Contractor a proportionate part of the contract price based
on the work completed; provided, however, that the amount of payment on termination shall not exceed
the total contract price as reduced by the portion thereof allocable to the work not completed and further
reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for
amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In
the event of any dispute or controversy as to the propriety or aliowability of all or any portion of such claim
under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of
the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and
binding upon all parties to this contract.
SECTION O
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 part of this Contract and shall be included in the Contractor's Base Bid for the Project.
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work
required in the performance of this Contract, 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 the project, subject to reasonable directions by the Contractor
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 Contractor shall provide a temporary field office building for himself, his subcontractors and use by
the Architect and Owner. For construction contracts with a bid price in excess of $1,000,000.00, the
Contractor shall provide a separate field office for the City's field representative (but the separate office
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 shelf large
enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field
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 suitably 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 completion
of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the
drawing shelf, provide for the City field representatives office: one desk, four chairs, plan rack and a four
drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space.
The Contractor shall 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 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet
connection (W IFI) for the City and Architect.
P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities
for the use of all workmen and subcontractors employed on the project.
P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water
and electricity required during the construction. Contractor shall provide and install temporary utility
meters during the contract construction period. These meters will be read and the Contractor will be billed
on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities.
The Contractor shall make the connections and extend the service lines to the construction area for use of
all trades. Upon completion of the work all utility 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 at 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
facilities 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
extension cords will reach all work requiring light or power.
Lighting. 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 squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least
100-watt lamps. In any event, the lighting 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
shall provide heat, ventilation, fuel and services as required to protect all work and materials 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 materials and finishes. All such heating, ventilation and services
shall 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 involved to not less than 40 F.
b) From the beginning of the application of drywall and during the setting and curing period, provide
sufficient heat to 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 throughout 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, maintain, 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 the 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 to all regulations, ordinances, laws and other
requirements of the authorities having jurisdiction, including insurance companies, with regards to safety
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 time as possible to do
so. If this is not feasible, maintain a night
The Contractor 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 the 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 BOARD: The Contractor shall furnish, install and maintain during the life
of the project a weather-tight bulletin board approximately 3 feet high by 5 feet wide 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 employment. The bulletin board shall remain the property of the
Contractor and shall be removed by him upon completion of the Contract work. The following information
which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be
maintained by the Contractor in easily readable condition at all times for the duration of the Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38).
b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage
rates as required by the Davis-Bacon Act.
C. Safety Posters.
SECTION Q
VENUE
Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in
Tarrant County, Texas.
i
��IfIf(�)jf �n(=117fll ll«1117�C
PROPOSAL
JOB ORDER CONTRACT SERVICES
TO: MR. DAVID COOKE
CITY MANAGER
ATTIC: PURCHASING OFFICE
1000 THROCKMORTON
CITY OF FORT WORTH, TEXAS
FOR: JOB ORDER CONTRACT SERVICES
VARIOUS CITY OF FORT WORTH FACILITIES
FORT WORTH, TEXAS 76107
Project No. PMD 2017-04
Pursuant to the foregoing "Notice to Offerors," the undersigned understands the Request for
Proposal for Job Order Contract services, and hereby proposes to do all the work and furnish all
labor, equipment and materials necessary to fully complete all the work as provided in the Job
Order Form, and subject to the inspection and approval of the Director of Transportation and
Public Works of the City of Fort Worth.
As addressed in the INSTRUCTIONS TO OFFERORS, the Proposal Requirements are as
follows:
• This Proposal Form, with Coefficients expressed as"X.XXX".
Attachment "A": Contractors Qualifications Statement (AIA Form A305), including client
references.
• Attachment"B": Project Team Members and Contractors Experience
• Attachment"C": MBE Participation Plan
• Attachment"D": Other Subcontractors, Suppliers, and/or design professionals
• Attachment"E": Letter of Insurability
• Conflict of Interest Affidavit (and CIQ,CIS if required)
Coefficient .86
Non-pre-priced Item Coefficient 1.0 y
Non-standard Labor Coefficient .92
The undersigned assures that its employees and applicants for employment and those of any
labor organization, subcontractors or employment agency in either furnishing or referring
employee applicants to the undersigned are not discriminated against as prohibited by the terms
of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section
13A-21 through 13A-29).
Job Order Contract Services RFP(April 2017) Page 13 of 30
16
Respectfully submitted,
By: SDB Contracting Services
Company Name
— 0, e 5r2 -ZO1 -7
Signat e Date
Craig Schmidt Operations Director
Printed Name of Principal Title
Address: 4002 Belt Line Road Suite '€10
Street
Addison,Texas 75001
City Zip
Email: info.texas@sdb.com
Phone: (469)619-3753 FAX: NIA
Receipt is acknowledged of the following Addenda:
Addendum No. 1: 5/1 5120 1 7 Addendum No. 2: L�17
Addendum No. 3: Addendum No. 4:
Addendum No. 5: Addendum No. 6:
End of Proposal Form
I
I
Job Order Contract Services RFP(April 2017) Page 14 of 30
'd 7
Diestel, James
From: Jason Gillespie <Jason.Gillespie@sdb.com>
Sent: Wednesday, May 31,2017 8:16 AM
To: Diestel,James
Subject: 5DB Coeffecient
Mr. Diestel,
apologize for the confusion on the non pre-priced item coefficient.This was supposed to be a 20%add to the regular
hours coefficient and I am assuming that my corporate office did not understand what I was trying to convey to them.
With that being said the coefficient for non pre-priced items would be a 1.04. If you need anything else, please do not
hesitate to let me know.
Thank you,
Jason Gillespie
General Manager
(469) 619-3753 x7102 OFFICE 1 (214) 803-8963 CELL f (800) 915-1498 Fax
4002 Belt Line Road, Suite 110, Addison,TX 75001
jason.gillespie@sdb.com I www.sdb.com
The content of this email is confidential for the use of the recipient(s)only. Nothing herein maybe cUnsl(ued to create,amend,or change any contractual LL
relationship between SDB,Inc.and any party.
AZ ROG 070507,ROC 1750221 OR 195469 1 WA SI)BINID861NF
1
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 8/15/2017
DATE: Tuesday, August 15, 2017 REFERENCE NO.: **C-28325
LOG NAME: 21JOB ORDER CONTRACT SERVICES CONTRACT
SUBJECT:
Authorize Execution of Job Order Contract Services Contracts with Adept Facilities and Design, Inc., The
Mark IV Construction Group, LLC, Basic IDIQ, Inc., Lemco Construction Services, L.P., Lee Construction
and Maintenance Company dlbla LMC Corporation, SDB, Inc. dlbla SDB Contracting Services, Inc., and
Alpha Building Corporation, for Fixed Unit Price, Indefinite Delivery of Building Renovation and
Construction Services, Each Contract Having an Initial Two-Year Term and Three Optional One-Year
Renewal Periods in an Amount Not to Exceed $2,000,000.00 During Any One-Year Period, for the Property
Management Department, Facilities Division (ALL COUNCIL DISTRICTS)
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a Job Order Contract Services contract with Adept Facilities and Design,
Inc,, for construction services for minor construction and renovation projects for the term of two years with
options to renew for three additional one-year periods at the City's option with the aggregate amount of
work orders not to exceed $2,000,000.00 during any one-year period.
2. Authorize the execution of a Job Order Contract Services contract with The Mark IV Construction
Group, LLC, for construction services for minor construction and renovation projects for the term of two
years with options to renew for three additional one-year periods at the City's option with the aggregate
amount of work orders not to exceed $2,000,000.00 during any one-year period.
3. Authorize the execution of a Job Order Contract Services contract with Basic IDIQ, Inc., for
construction services for minor construction and renovation projects for the term of two years with options
to renew for three additional one-year periods at the City's option with the aggregate amount of work
orders not to exceed $2,000,000.00 during any one-year period.
4. Authorize the execution of a Job Order Contract Services contract with Lemco Construction Services,
L.P., for construction services for minor construction and renovation projects for the term of two years with
options to renew for three additional one-year periods at the City's option with the aggregate amount of
work orders not to exceed $2,000,000.00 during any one-year period.
5. Authorize the execution of a Job Order Contract Services contract with Lee Construction and
Maintenance Company dlbla LMC Corporation, for construction services for minor construction and
renovation projects for the term of two years with options to renew for three additional one-year periods at
the City's option with the aggregate amount of work orders not to exceed $2,000,000.00 during any one-
year period.
6. Authorize the execution of a Job Order Contract Services contract with SDB, Inc., dlbla SDB
Contracting Services Inc., for construction services for minor construction and renovation projects for the
Logname: 21JOB ORDER CONTRACT SERVICES CONTRACT Page I of 4
term of two years with options to renew for three additional one-year periods at the City's option with the
aggregate amount of work orders not to exceed $2,000,000.00 during any one-year period.
7. Authorize the execution of a Job Order Contract Services contract with Alpha Building Corporation, for
construction services for minor construction and renovation projects for the term of two years with options
to renew for three additional one-year periods at the City's option with the aggregate amount of work
orders not to exceed $2,000,000.00 during any one-year period.
DISCUSSION:
On July 17, 2012, (M&C C-25726), the City Council authorized the execution of Job Order Contract (JOC)
Services contracts with The Mark IV Construction Group, LLC, and LEMCO Construction Services, L.P.,
for construction services for minor construction and renovation projects. The last contract expired on July
16, 2017.
The request for proposals for the JOC Services contract was advertised in the Fort Worth Star-Telegram
on April 27, 2017 and May 4, 2017. On May 25, 2017, the City received proposals from 10 firms.
On June 5, 2017, a Best Value Selection Committee reviewed and rated each of the 10 firms based on the
published weighted selection criteria. The five criteria and their respective weightings are: (1) experience
with job order contracts and similar indefinite delivery/indefinite quantity (IDIQ) contracts (20 points); (2)
project team members and their experience with job order contracts (10 points); (3) price proposal
coefficients (50 points); (4) proposed level of MBE participation and proposed plan (10 points); and (5) list
of sub-contractors and suppliers (10 points). The committee selected seven firms. The results of the
committee's scores are summarized below:
!Project Team Price _[ Subcontractors,,
Contractor }JOC Experience
!Members !Coefficients MlWBE Suppliers-1—[
i Total Rank
' Adept
Facilities and 20 ( 8 50 6 10 94 1
;Design, Inc.
The Mark IV ' - - - -
Construction 17 10 49 6 9 9I 2
Group, LLC !
Basic IDIQ, 20 _I 43 T 6 --�$ --- 8-5-1-3
Inc.
Lemco
Construction 19 5 43 2.5 2 F
1.5 F
Services
_ _ _ _
_ _
Corporation - 16 _ _4 43 3.5-- — 5 71.5 5 --
-
LIVIC
SDB -F
Contracting 10 4 37 3.5 6 60:5 6
(Services, Inc.
Alpha
Building 15 5 31 3.5 5 59:5. 7
Corporation
Reeder - -- --- ---- ---
General 10 5 30 5 F53-5 5
Contractors 3.5
Inc. i
3i - —
Contracting, 20 7 14 6 5 52 9
LLC
lBasecom Inc.[ 16 �— 5 1 —� 3.5 5 30.5 10
Based on the evaluation matrix, the selection committee recommended awarding the JOC Services
Lognari e: 21 JOB ORDER CONTRACT SERVICES CONTRACT Pagc 2 of 4
contracts to Adept Facilities and Design, Inc., The Mark IV Construction Group, LLC, Basic IDIQ, Inc.,
Lemco Construction Services, L.P., LMC Corporation, SDB Contracting Services Inc., and Alpha Building
Corporation.
Adept Facilities and Design, Inc. is in compliance with the City's BIDE Ordinance by committing to 15%
MBE participation. The City's MBE goal for this contract is 15%.
The Mark IV Construction Group, LLC, is in compliance with the City's BIDE Ordinance by committing to
15% MBE participation. The City's MBE goal for this contract is 15%.
Basic IDIQ, Inc. is in compliance with the City's BIDE Ordinance by committing to 15% MBE
participation. The City's MBE goal for this contract is 15%.
Lemco Construction Services, L.P., is in compliance with the City's BIDE Ordinance by committing to 15%
MBE participation. The City's MBE goal for this contract is 15%. Additionally, Lemco Construction
Services, L.P., is a certified MIWBE firm.
LMC Corporation is in compliance with the City's BDE Ordinance by committing to 15% MBE
participation. The City's MBE goal for this contract is 15%. Additionally, LMC Corporation is a certified
MIWBE firm.
SDB Contracting Services, Inc., is in compliance with the City's BIDE Ordinance by committing to 15%
MBE participation. The City's MBE goal for this contract is 15%.
Alpha Building Corporation is in compliance with the City's BIDE Ordinance by committing to 15% MBE
participation. The City's MBE goal for this contract is 15%.
Management of the capacity of the Job Order Contract Services contracts will be the responsibility of the
Property Management Department. Other departments may use these contracts after first requesting and
confirming available capacity and obtaining the next sequential task order number from the Property
Management Department.
The project will serve Fort Worth residents in ALL COUNCIL DISTRICTS
FISCAL. INFORMATION I CERTIFICATION:
The Director of Finance certifies that, upon approval of the above recommendations, funds will be
available in the current operating budgets and current capital budgets, as appropriated, of various
funds. All expenditures against these contracts will be reviewed for availability of funds prior to release on
a project-by-project basis.
FUND IDENTIFIERS (FiDs�:
TO _
Fund Department Accoun ProJeGf ProgramActiviity Budget Reference # moun
ID ID - Year J _ Chartfield 2
FROM
Fund Department ccoun Project r_t—
CERTIFICATIONS: grctivityl Budget Reference # ��mount
ID _ _ ID — Year Chartfield 2�_ -- -L -
Submitted for City Manager's Office by: Jay Chapa (5804)
Steve Cooke (5118)
Lognanie: 21JOB ORDER CONTRACT SERVICES CONTRACT Page 3 of 4
Originating Department Head: Glenn Balog (2028)
Brian Glass (8088)
Additional Information Contact: James Diestel (8072)
ATTACHMENTS
1. 170725 JOC Contract 2017 Memo. df (CFW Internal)
2. Form 1295 Adept Facilities and Design Inc.. df (Public)
3. Form 1295 Alpha Building Cor oration. df (Public)
4. Form 1295 Basic IDIQ Inc..pdf (Public)
5. Form 1295 Lemco Construction Services L.P._pdf (Public)
6. Form 1295 LMC Corporation.pdf (Public)
7. Form 1295 SDB Contracting Services lnc..pdf (Public)
8. Form 1295 The Mark IV Construction Group L_LC.pdf (Public)
Lognanne: 21JOB ORDER CONTRACT SERVICES CONTRACT Page 4 of 4
Page 1 of 1
FORT WORTH CITY OF FORT WORTH P.O.DATE: 11/3/2017
Purchase Order Blanket Order Number
PO-18-00101693
SHOW THIS NUMBER ON ALL
PACKAGES,INVOICES AND
SHIPPING PAPERS.
V Vendor Number:0000042336 PROPERTY MANAGEMENT
E SDB CONTRACTING SERVICES S PMD ARCHITECTURAL SERVICES
N 1001 S EDWARD DR H 401 W 13TH ST
TEMPE,AZ 85281 1 FORT WORTH,TX 76102
D P
R T Phone: (817)392-2586
INVOICES: Direct invoices in DUPLICATE to the address shown. MAIL INVOICE IN DUPLICATE TO:
STANDARD PURCHASING TERMS AND CONDITIONS set forth in the B PROPERTY MANAGEMENT
City of Fort Worth's Bid or Quotation, are incorporated herein by I PMD ARCHITECTURAL SERVICES
reference and become a part of this order. L 401 W 13TH ST
L FORT WORTH,TX 76102
T
0 Phone: (817)392-2586
Payment Terms:
Shipping Terms:
Bid No.: Delivery Calendar Day(s)A.R.O.: 0
Item Requisition Quantity Unit Unit Price Total
#
1 City Secretary Contract(CSCO)No.49595,executed on September 5,2017 and
M&C C-28325 approved by the City Council on August 15,2017 to authorize an
Agreement between the City of Fort Worth and SDB CONTRACTING SERVICES,
to provide on an as-needed basis for fixed unit price,indefinite delivery of building
renovation and construction services.The term of this Agreement shall be from
September 5,2017 to September 4,2018,an initial two-year term with three
optional one-year renewal periods.Amount not to exceed$2,000,000.00 during any
one-year period.This agreement may be terminated by either party hereto,in whole
or in part at any time and for any reason,upon written notice to the other party.
Class-Item 958-26
2 To provide on an as-needed basis for fixed unit price,indefinite delivery of building 1 EA $0.00 $0.00
renovation and construction services.
LN/FY/Account Code Dollar Amount
TOTAL: $0.00
APPROVED:
Rev.20091027 By: Blanca Sanchez
Phone#: (817) 392-8354
BUYER