HomeMy WebLinkAboutContract 52792>'
CITY S RETARY
CO NT RACT NO . 5~Jq d::
THE CITY OF FORT WORTH, TEXAS
. ' T HI S COPY IS FUR:
CO NTRA CTOR =z C ITY SECRET ARY
__ SPO NS ORI NG DEPT
__ PROJ ECT MA NA G E R
__ PM D FILE COPY
Existing Drop-Off Stations -
Building Addition & Site Modifications:
Brennan ~
PMD2015-04
City Project No. 100192
BETSY PRICE DAVID COOKE
MAYOR C ITY MANAGER
Roger Venables
Interim Director, Property Management Department
Brandon S. Bennett
Director, Code Compliance Department
Elements of Architecture, Inc.
March 2019
OFF C@IU .. RECORD
cnv SECHE aAR
F. WORTH, rx
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION- Approved on 312612019 .Ordinance Me. 236'15-03-2019 and 361643-
201 9
DATE: Tuesday, March 26, 2019 REFERENCE NO.. "'C-2907$
LOG NAME: 21 DROP OFF STATIONS IMPROVEMENTS COI' STRUUTION CONTRACT
SIJ13JECT:
Autharize Execwtian of Three Constructlon Contracts with Basecnm, Inc_, In the Total Amount of
3.4 6,581,00, 1ncludinq 7.5 PsrcenI for the Own er's'Construction C;ant ingency Alid anc , for
Irnprovemenu; of the Brennan Dfop Off Station, theScutheast (PALL) Drop'Ofi-Station, and the Old
lie mphIII Drop Off Station, any! Provide for AdminJstretive Casts (S tjrvey, Oeoteufrnicel, Bid Advertisement,
I(e Ufilltles, Water tine lmprovsrn4 ruts, IT, Security, Project Management, Contingency. FFE. Etc.) ror a
Total OomNried Project Cost of S4,8K031.Ot:1, and Adopt Apprepdatlen Ordinances (C0LJNCtt_
DISTRICTS 2, 5 and 8)
RECOMMENDATION,
It is recommended that the City Council:
1, Adapt the attached approprlallon ordinance Increasing estimated receipts and appropriations ih'thp
amount of $500,000.00 In the Solid Waste Fund and degne8sin 9 the unassigned in at p(�sltion by the same
arnount;
2, Adopt the afWchad appropriation ardiaancv increasing estimated rQneipts and appropriations in The
enicuni of $500,000.00 in the &)lid Waste Capitef Projects Fund from funds transferred ffem the Solid
Waste Fund for the purpose of Ttinding Drop Off Station I'mprovemonfs;
1 Transfer existing appropriations and receipia irf the Solid We Ste Gapital Projects f and in the errrcrun1 nt
$1,770,000.00 to the Drop Off Station Improvoments project;
4. Authorize execution of a construction contract with Basecom, Inc., for irnprovemenIs of 0 e 5rexiriari
Crop Off ta�tiorr in the amount of $1,169,826-00, including 7_5 percent for the Owner's Canstructlon
C ontinpency Allowance;
5. Authortze e-xeoution of a construction contract W1th Basecom, Inc„ far Improvements of the Southeast
(N LX) Drop Off Sliallon in the amount of 1,092,514.00. Including 7.5 percent for the Owner's Cortatruotion
Contingency Allowance; artd
5. Authorize execution of a construction contract with l3asecom, trio:, for improvements of the Old HamphIII
Drop Off Station in the arrrount of $1,194,241,00, including 7.5 percent tdr the Owner's Construction
Contingency Allowance,
DISCUSSION:
The purpose of this M&C Is to authorize execution of three construction contracts with Sasecom, Irnr;,, in
the total amount of E3,456,581.00, to make improve men is.at threw drop.off statiorrs; Brennan. Southeast
L (MK) and Old HemphIII- Thaw: irnprauements +ViII provide at each 51te office $pane fDr field staff, parking,
signs and associated store go to improve affectivenass of the staff_
Can August, 15, 2017, M&C: C1- 83 4, the City Council authorized execution of an architectural services
agroament for the design and preparation df construction documents for thasia projects_
The CIly Issued a RegLie 5t For Pro posais (RFP) in the port Worth Star-TelerrfErr on September 27, �010
and October 4, 20't8 and received threie proposals on November 1, 2018 for the project iforn general
aorrstruction coatrac#ors. All three of thew rirms provided the required "Post Proposal --Pre Award
ubrnittaIs" to be further evaluated by the City. Those proposals wore ria viewed by members of the Code
- Complfance Department, the AAMBE Office and the Property Management Department and were
evaluated for beW value based an the criteria set Forth in the Request for Proposals. The selection team
recornmends award of the constructionk contracts to Pasecom, Inc_ The fallowing table provides a
summary of the scoring_
AUI
Criteria
Basecom,
Partner,,
3r Contracting,
Inc.
LLC
LLC
[Proposed Price
6U
46
16
1U ?VVB E
8. C)
4 5
5.0
Proposed S&CdUle
10
3
7
Reputatlon/Experience
8
5
9
Past f elationship with City of
6
5
Fort Worth
TOTAL
92.0
66.5
42.0
The overaiI project costs are listed in the table below:
DROP OFF STATION IMPROMENTS
TOTALS
Architectural and Engineering Design Fees
$389,462.00
ConStrUcttoR CbrItraCt - BRENNAN (including 7.5 percent of
1.169,8 5.00
Owner's Construcdon ontingeng Allowance
Construction Contract - SOUTHEAST (Nil ) Cincluding 7.5 percent
514.00
of Owner's Construction Contingency Allowance)
'
onstructlen Contract - OLQ HEMPHILL {including 7.5 percent of
Fs,,194.241,00
Ow+nei` s Construction ContIngency Allowarnce
Cornbined Aroj'ect Admin1strati an float. Surveil, Site UIliitie$r Water
Line Improvements, IT, Security, Project ManagerrnenL
$958,888_00
Contingency. FIFE. Etc,
PROJECT TOTAL
$4,804,9 1.00
FU N Dil NG SOURCES — The $1,7-70,000' from Recomrnendation43 is accumulated frrrm lea I[Ocated from
Project numbers 10 12 06 and I G1 20 8 fqr $Ak50, DOG. 00 each and Project 100598 Far $870,000.00 is no
[onger going to be advanced and all' will be real local ed to the Drop G(f RtatIon Irnprove men ts_ The
$500,000,00 from Recommendation 91 - use of Pasillve Net PosillGh from the Solid Wasle Fufld 54001 in
the amount of S500,000.0C1 w+ll also be uso�J far the Drop Off Statitxn Irnprove rne.nis. The rernainder of the
funding will come from prevlously. appropriated hinds ant! will coVarthe difference between the total Drop
Off Station Improve€nenit prajact cast and tha $2.270,UQ0.00 ($1.770.600. 00 + 500,000.00) appropriated
and tratrsferred #herein.
The action in this M&Ci is not Im-,Lded In the Fiscal 1'aar 2019-2023 CapitaI Improv.pmerit Plan (CIP) end
wlll amend Fiscal Year 2616 of the CIP,
In accordance -with Chapter 7, Article 1II,' ectlan 7A7, Section 109'.2.1-of the City Code, BuIIdling and
Trado Permit Fazes and street closure fees are waived far this pmja0,
SCHEDULE - The construction projeuts will start in the second quartor of calendar year 20 t 9 and be
completed In the Ili rst quarter of 2 02 0. Only one Drop Off Station wl11 be under construction at a time and
the conirector will IIMit the amount of 11me that station actually needs to be claased during
con stftrcticn, The curder-of construction will be Did Hemphill Road, Southeast (MLK) and than 0rerman.
P NVBE OFFI C E - 13asecotn Iric., Is In comp llanno with the C)ty's BDE Ordinance by committing to 40%
MBE pa rl Idpatlan cn this project. The City's MBE ��I on this project to 15%, Additionally. Basecarn Inc,,
Js a cerlihed MM13E Prin.
These faci111ies ate located In COLiNCIL 01STRICTS 2, 5 And a.
FISCAL INP0RMATION f CERTIFICATION:
The Dire c or of Firtanca nertiri$� that Upon appravaI of tha abave recommandations and adoption of the
attached appropriation ordinances, funds W III be available in the current oiler -afro, and capital budgets, as
appropriated, of Solid Waste Fund aand Solid Waste Capital Projects FLin d, and that prior to an expenditure
being made, tha &partment bas the ri5sp.Qrr$ibjJlty to validate the avalfabiiity of funds.
FUND IDENTIFIERS (FIDsj:
Fun dl Department ! ccountj Pnoiect
ID ID
Departtrtent ccoun Project
10 1D r
CERTIFICATIONS:
Bubmitted #or Gity Mane_gar's Off ice by:
0rinInaHno Deapartment-Head.,
ctivity Budget
Year
Budget
Year
Jay Chapa (5804)
Boger Venables (6334)
Additional Information Contact: BrWn Glass (8088)
Referertoe rrtoun
Ohartfield 2)
Reference # 'Amo
Charlfieid f
7. 1UWU EraSQCOrn MQmQ,-"1 (CFWJnterFM1)
2. 2 1DROP OFF STATION S IMPROVE MENTS CQNSTJRU GTION CONTRACT 54001 Rer, 1
A0119.docx (ptibliG)
3. 21 DROP OFF STATIONS IMPROVEMENTS CONSTRUCTION CONTRACT 54002 Ren 2
A019.doex (Pubtie)
d. Drup OH Siations lmprj�wernanls.pdf (Pa,bltc)
5. FID TABLE DOS lrnprovements.ptdf (CFWirateFn21)
6, FID Template DOS Irnproverneras revivers 03.'1 . 19pdf (CHV Iri[err,a[)
7, FID Template DOS Improvemetlts revised 03.12.1 .xlsx (CFW Irnernal)
8, Form 1295 BA ECOM Redacted.pdf
9. SAM Basecvm Ina. df Cc Pw Internal)
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FORT WORTH,
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. I
Existing Drop -Off Stations — Building Addition & Site Modifications:
Brennan, Southeast (Martin Luther King) & Old Hemphill Road
Request for Proposals Submittal Date: October 25, 2018 (No CHANGE)
The Request for Proposals for the 'Project" noted above is hereby revised and amended as follows:
i 1. Elements of Architecture, Inc. Addendum No. 1 cover letter dated July 11, 2018 with attached
revised drawings and specifications. (Attachment No. 1)
Acknowledge the receipt of this Addendum No. 1 on your Proposal.
STEPHEN COOKE
DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT
By:
Brian Glass, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: October 2, 2018
Addendum No.1 Page 1 of 1
CFW Code Compliance department -- Existing Drop -Off Stations: Brennan, MLK, & Old Hemphill Rd. October 2D18
SECTION 012100
ALLOWANCES
PART 1 -GENERAL
4 1.01 SUMMARY
A. Section Includes:
1. Cash allowances.
B. Related Sections
1. Section 01 3216 - Construction Progress Schedules.
C. Include in Contract Sum cash allowances scheduled at end of Section.
r
D. Designate in Construction Progress Schedule specified in Section 01 3216 delivery dates for products
under each allowance.
E. Designate cost allowances in Schedule of Values.
1.02 CASH ALLOWANCES
A. General:
l 1. Purchase products under each allowance as directed by Architect.
2. Amount of allowance includes:
a. Permitting of the Monument Sign(s).
b. Net cost of product, less any applicable trade discounts.
c. Delivery to site.
d. Overhead and Proffit as allowed/approved on sign vendor's work only.
3. In addition to amounts of allowances, include in Contract Sum and not a part of the allowance,
Contractor's costs for:
a. Handling at site, including unloading, uncrating, and storing.
b. Protection from elements and from damage.
c. All other expenses required to complete installation.
d. Overhead and profit.
B. Delivery:
1. Contractor's Duties:
a. Arrange for delivery and unloading.
b. Promptly inspect products for damage or defects.
c. Submit any claims for transportation damage.
PART 2 - PRODUCTS - NOT USED
PART 3 - EXECUTION
3.01 ALLOWANCE SCHEDULE
A. Monument Sign
1. fnclude a total cash allowance of $500,000.00 for the purchase, delivery and installation of three
monument signs (one located at each Drop Off Center Site).
G 2. Include costs associated with permitting and AHJ approvals.
3. Receipts/documentation is required for allowance.
4. All moneys not required for work designated to go back to the client.
5. Approved monument signs are to be purchased through and installed by Signs Manufacturing Corp.;
Contact Nancy McCord at 214-339-2227 x 135; nmccord@signsmanufacturing.com
END OF SECTION
CoFW Drop -Off Station Improvements
17-1018 MLK Jr. Freeway
17-1019 Old Hemphill St
17-1020 Brennan Ave 01 2100-1
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t FORTWORTH,
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. 2
Existing Drop -Off Stations — Building Addition & Site Modifications:
Brennan, Southeast (Martin Luther King) & Old Hemphill Road
Request for Proposals Submittal Date: October 25, 2018 (NO CHANGE)
The Request for Proposals for the "Project" noted above is hereby revised and amended as follows:
1. The Attendees sign -in sheet for the pro -proposal conference is attached. (Attachment No. 1)
2. The MWBE MBE Best Value Utilization Form is attached. (Attachment No. 2)
3. Site visits shall be self -guided from 8:00am until 5:00pm, Monday through Friday. Please call
each respective Drop -Off Station to notify the Gatehouse Attendant of your anticipated visit. The
contact information for each Drop -Off Station is:
• Brennan DOS — 2400 Brennan Avenue, 817-392-7379
• Southeast (MLK) DOS — 5150 Martin Luther King Freeway, 817-392-5459
o Old Hemphill Rd. DOS — 6260 Old Hemphill Road, 817-392-2340
4. Sequence of Work — The order of construction for the three Drop -Off Stations is as follows:
a. Old Hemphill Road.
b. Southeast (MLK).
c. Brennan.
5. Staging areas & designated parking for construction personnel shall be coordinated with City of
Fort Worth before construction.
Acknowledge the receipt of this Addendum No. 2 on your Proposal.
7 STEVE COOKE
DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT
By:
I Brian Glass, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: October 8, 2018
Addendum No.2 Page 1 of 1
CFW Code Compliance Department — HAsting Drop -Off Stations: Brennan, MLK, & Old Hemphill Rd. October 2018
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FORTWORTH.
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. 3
Existing Drop -Off Stations -- Building Addition & Site Modifications:
Brennan, Southeast (Martin Luther King) & Old Hemphill Road
Request for Proposals Submittal Date: November 1, 2018 (CHANGED)
Th11 e Request for Proposals for the "Project" noted above is hereby revised and amended as follows:
1. The first paragraph of the "NOTICE TO OFFERORS" is revised as follows to change the proposal
deadline:
"Proposals will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort
Worth, 76102, until 1:30 P.M on Thursday, November 1, 2018 and will be opened and publicly
read aloud approximately thirty minutes later in the Council Chambers for the following Project:"
2. The "Proposal" form is revised and dated (Revised 18 October 2018) to include Allowance No. 1 —
Monument Signs. Refer to Attachment No.1. (Attachment No. 1)
3. Document 01 2519, Substitution Request Form is attached and approved to change the specified
CMU masonry product selection. (Attachment No. 2)
i
4. The following General Contractor is added to the Bidder List:
Nathan Brinkley
nbrinkleyC@3iconctracting.com
3i Contracting
1111 W. Mockingbird Lane
Suite 1050
Dallas, Texas 75247
214.231.0675 Tel
214.231.0672 Fax
` Acknowledge the receipt of this Addendum No. 3 on your Proposal.
STEVE COOKE
DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT
W
By:
Brian Glass, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: October 18, 2018
Addendum No.3 Page i of 1
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK, & Old Hemphill Rd. October 2018
PROPOSAL
(Revised 18 October 2018)
TO: MR. DAVID COOKE
CITY MANAGER
ATTN: PURCHASING OFFICE
200 TEXAS STREET
CITY OF FORT WORTH, TEXAS
FOR: Existing Drop -Off Stations — Building Addition & Site Modifications:
Brennan, 2400 Brennan Ave.
Southeast (Martin Luther King), 5150 Martin Luther King Freeway
Old Hemphill Road, 6260 Old Hemphill Road
Fort Worth, Texas
Project PMD2014-04
Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment and materials necessary to fully complete all the work as provided
in the plans and specifications, and subject to the inspection and approval of the Director of
Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if
the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds
approved by the City of Fort Worth for performing and completing the Work within the time stated and for
the following sum, to wit:
DESCRIPTION OF ITEMS --
Brennan Drop -Off Station
Base Proposal
Calendar Days
$ Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Fort Worth).
Base Proposal Plus Owner's Contingency Allowance
Southeast (MILK) Drop -Off Station
$ Base Proposal
Calendar Days
$ Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Fort Worth).
Base Proposal Plus Owner's Contingency Allowance
Addendum No. 3 - Instruction to Offerors (October 20i7) - Proposal Page i of 4
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MILK & Old Hemphill fad. October 2018
Old Hemphill Road Drop -Off Station
Base Proposal
Calendar Days
$ Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Fort Worth).
Base Proposal Plus Owner's Contingency Allowance
ALTERNATES —
Brennan drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1 $
Calendar Days
Add Alternate No. 2 — Rework existing base material and pave with heavy duty pavement per detail Sheet
C5.00 as indicated on C1.01, Dimensional Control Plan.
Add Alternate No. 2 $
Calendar Days
Southeast (MLK) Drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1 $
Calendar Days
Add Alternate No. 2 — Rework existing base material and pave with heavy duty pavement per detail Sheet
C5.00 as indicated on C1.01, Dimensional Control Plan.
Add Alternate No. 2 $
Calendar Days
Addendum No. 3 - Instruction to Offerors (October 2017) - Proposal Page 2 of 4
CFw Cade Compliance Department -- Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
Old Hemphill Road Drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1
Calendar Days
ALLOWANCES —
Allowance No. 1 — Monument Signs
Include a total cash allowance of $500,000.00 for the purchase, delivery and installation
of three monument signs (one located at each Drop -Oft Station).
The undersigned agrees to complete the Work within the calendar days specified above after the date of
Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for
the above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business is located. The
appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications.
The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder.
Resident bidders must check the box in Section B.
A. 1_1 Non-resident vendors in (give state), our principal place of
business, are required to be percent lower than resident bidders by state
law.
1_1 Non-resident vendors in (give state), are not required to
underbid resident bidders.
B. 1_1 Our principal place of business or corporate offices are in the State of
Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the
formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of
this contact. The attached deposit check in the sum of
Dollars ($ ) is to become the property of the City of Fort
Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not
executed within the time set forth, as liquidated damages for delay and additional work caused thereby.
Addendum No. 3 - Instruction to Offerors (October 2017) - Proposal Page 3 of 4
GFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
MINORITY BUSINESS ENTERPRISE (MBE): (For Proposals in excess of $50,000)
I am aware that 1 must submit information to the Director, Property Management Department,
concerning the MBE participation within FIVE. BUSINESS DAYS of submittal of this Proposal in order
to be considered RESPONSIVE.
Respectfully submitted,
Company Name
By:
Signature
Address:
Printed Name of Principal Title
Street
City Zip
Phone:
Fax:
Email:
Receipt is acknowledged of the following addenda:
Addendum No. 1: Addendum No. 2:
Addendum No. 3: Addendum No. 4:
Addendum No. 5: Addendum No. 6:
Addendum No. 7: Addendum No. 8:
Addendum No. 9: Addendum No. 10:
Addendum No. 3 - Instruction to Offerors (October 2017) - Proposal Page 4 of •4
CFw Code Compliance Department — Existing Drop -Off Stations: Brennan, IVILK & Old Hemphill Rd. October 2018
DATE:
TO:
ATTENTION:
PROJECT:
DOCUMENT 012519
SUBSTITUTION REQUEST FORM
10/912018
Elements of Architecture
Scott Fisher
Southeast MLK Drop -Off Station
We submit for your consideration the following product as a substitution for the specified product:
Section No. Paragraph Specified Product
04 20-00 2.1 Featherlite Texas Cream CMU
Proposed Substitution. Texas Building Products, Color Match CMU
Reason for Substitution: Original manufacturer no longer produces CMU
Product Data:
Attach complete technical data for both the specified product and the proposed substitution. Include
information on changes to Contract Documents that the proposed substitution will require for its proper
installation.
Samples:
_ Attached X Will be furnished upon request
Does the substitution affect dimensions shown on Drawings?
X No Yes (explain)
Effects of proposed substitution on other Work:
No change to the Work
Differences between proposed substitution and specified Product:
No noticable differences
CoFW Drop -Off Station Improvements
17-1018 MLK Jr, Freeway
17-1019 Old Hemphill St
17-1020 Brennan Ave
01 2519-1 SUBSTITUTION REQUEST DORM
Manufacturer's warranties of the proposed substitution are:
Same _ Different (explain)
Maintenance service and spare parts are available for proposed substitution from:
Texas Buildinq Products
Previous installations where proposed substitution may be seen:
Project: Argyle High School
Owner: Argyle ISD
Architect: Corgan Associates
Date Installed: 8/01 /2018
Project. Northwest IS❑ Elementary #18
Owner.- Northwest ISD
Architect: Stantee
gate Installed: 41/3/2018
Cost savings to be realized by Owner, if proposed substitution is approved:
Change to Contract Time, if proposed substitution is approved:
_XNo Change Add days ____ Deduct days
Submittal constitutes a representation that [Contractor] [Construction Manager] has read and agrees to the
provisions of Section 012500.
Submitted by [Contractor:] [Construction Manager:]
8rt:(,&q Wordv %n4 f'ii
ignature
Texas Building Products
Firm
For Use by Architect:
Based on the information supplied by the [Contractor,] [Construction Manager,] the Architect has reviewed
the proposed substitution on the basis of design concept of the Work and conformance with information
given in Contract Documents.
— Approved Approved as Noted — Rejected
Submit Additional Information:
CoFW Drop -Off Station Improvements
17-1018 MLK Jr. Freeway
17-1019 Old Hemphill St
17-1020 Brennan Ave
01 2519-2 SUBSTITUTION REQUEST FORM
I _
1 RT WORT O
S ,
CITY OF FORT WORTH
PROPERTY MANAGEMENT DEPARTMENT
ADDENDUM NO. 4
Existing Drop -Off Stations — Building Addition & Site Modifications:
Brennan, Southeast (Martin Luther King) & Old Hemphill Road
s Request for Proposals Submittal Date: November 1, 2018 (NO CHANCE)
I The Request for Proposals for the "Project" noted above is hereby revised and amended as follows:
1. The `Proposal' form is revised and dated (Revised 26 October 2018) to revise Allowance No. 1 —
Monument Signs section and to add Alternates as noted. Refer to Attachment No.i. (Attachment
No. 1)
r
2. Elements of Architecture, Inc. Addendum No.4 cover letter dated 10/26/2018 with attached revised
drawings and specifications (Attachment No. 2)
Acknowledge the receipt of this Addendum No. 4 on your Proposal.
STEVE COOKE
' DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT
13
Brian Glass, AIA
Architectural Services Manager
817-392-8088, FAX 817-392-8488
RELEASE DATE: October 26, 2018
Addendum NoA Page 1 of 1
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK, & Old Hemphill Rd. October 2018
i
PROPOSAL
(Revised: 18 October 2018, 26 October 2018)
TO: • MR. DAVID COOKE
CITY MANAGER
ATTN., PURCHASING OFFICE
200 TEXAS STREET
CITY OF FORT WORTH, TEXAS
FOR. Existing Drop -Off Stations --- Building Addition & Site Modifications.
Brennan, 2400 Brennan Ave.
Southeast (Martin Luther King), 5150 Martin Luther King Freeway
Old Hemphill Road, 6260 Old Hemphill Road
Fort Worth, Texas
Project PMD2014-04
Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment and materials necessary to fully complete all the work as provided
in the plans and specifications, and subject to the inspection and approval of the Director of
Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if
the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds
approved by the City of Fort Worth for performing and completing the Work within the time stated and for
the following sum, to wit:
DESCRIPTION OF ITEMS —
Brennan Drop -Off Station
Base Proposal
Calendar Days
$ Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Fort Worth).
Southeast (MILK) Drop -Off Station
Base Proposal Plus Owner's Contingency Allowance
Base Proposal
Calendar Days
$ Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will -be retained by the City of Fort Worth).
Base Proposal Plus Owner's Contingency Allowance
Addendum No. 4 - Instruction to Offerors; (October 2017) - Proposal Page 1 of 4
CFW Code Compliance Department— Existing Drop -Off Stations: Brennan, NiLK & Old Hemphill Rd. October 2018
Old Hemphill Road Drop -Off Station
$ Base Proposal
Calendar Days
Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Fort Worth).
$ Base Proposal Plus Owner's Contingency Allowance
ALTERNATES —
Brennan Drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1
Calendar Days
Add Alternate No. 2 — Rework existing base material and pave with heavy duty pavement per detail Sheet
C5.00 as indicated on C1.01, Dimensional Control Plan.
Add Alternate No. 2 $
Calendar Days
Add Alternate No. 3 — Communication & Security Conduit at parking lot and associated poles. Refer to
Specifications, Section 01 2300, Alternates.
Add Alternate No. 3 $
Calendar Days
Southeast (MILK) Drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1 $
Calendar Days
Add Alternate No. 2 -- Rework existing base material and pave with heavy duty pavement per detail Sheet
C5.00 as indicated on C1.01, Dimensional Control Plan.
Add Alternate No. 2 $
Calendar Days
Addendum No. 4 - Instruction to Offerors (October 2017) - Proposal Page 2 of 4
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MILK & Old Hemphill Rd. October 2018
Add Alternate No. 3 — Communication & Security Conduit at parking lot and associated poles. Refer to
Specifications, Section 01 2300, Alternates.
Add Alternate No. 3 $
Calendar Days
Old Hemphill Road Drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1
Calendar Days
Add Alternate No. 2 — Communication & Security Conduit at parking lot and associated poles. Refer to
Specifications, Section 01 2300, Alternates,
Add Alternate No. 2 $.
Calendar Days
ALLOWANCES —
Allowance No. 1 — Monument Signs
Include a total cash allowance of $500,000.00 for the purchase, delivery and installation of three
monument signs (one located at each Drop -Off Station). Refer to Specification, Section 01 2100,
Allowances.
Brennan Drop -Off Station
Southeast (MLK) Drop -Off Station
Old Hemphill Road Drop -Off Station
The undersigned agrees to complete the Work within the calendar days specified above after the date of
Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for
the above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business is located. The
appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications.
Addendum No. 4 - Instruction to Offerors (October 2017) - Proposal Page 3 of 4
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder.
Resident bidders must check the box in Section B.
A. j_j Non-resident vendors in (give state), our principal place of
business, are required to be percent lower than resident bidders by state
law.
j_j Non-resident vendors in (give state), are not required to
underbid resident bidders.
B, j_j Our principal place of business or corporate offices are in the State of
Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the
formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of
this contact. The attached deposit check in the sum of
Dollars ( is to become the property of the City of Fort
Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not
executed within the time set forth, as liquidated damages for delay and additional work caused thereby.
MINORITY BUSINESS ENTERPRISE (MBE): (For Proposals in excess of $50,000)
I am aware that I must submit information to the Director, Property Management Department,
concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order
to be considered RESPONSIVE.
Respectfully submitted,
Company Name
Al
Signature
Printed Name of Principal Title
Address:
Street
City Zip
Phone:
Fax:
Email:
Receipt is acknowledged of the following addenda:
Addendum No. 1
Addendum No. 4:
Addendum No. 7:
Addendum No. 2
Addendum No. 5:
Addendum No. 8---
Addendum No. 3:
Addendum No, 6:
Addendum No. 9:
Addendum No.10: Addendum No.11: Addendum No.12:
Addendum No. 4 - instruction to Offerors (October 2017) - Proposal Page 4 of 4
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
VELEMENTS
of Architecture, Inc.
ADDENDUM 4
to o�
o
� gg2 P5
9TF OF
10/26/2018
COFW Existing Drop -Off Stations — New Additions & Modifications
Elements Project No. 17-1018.00 — 5150 MILK Jr. Freeway
Elements Project No. 17-1019.00 — 6260 Old Hemphill Road
Elements Project No. 17-1020.00 -- 2400 Brennan Avenue
October 26, 2018
This addendum forms a part of the Contract Documents, dated March 30, 2018, which supersedes and
supplements all portions of the documents with which it conflicts.
The following refers to Addendum items, by number, to the Project Manual and/or Drawings and attachments
as indicated below:
ADD/4-01 Modification to the Monument Sign requirements.
Reference: Specification 01 2100 Allowances
The Monumont Signs (one located at each Drop Off Station) shall be provided and installed
by the General Contractor for a total allowance of $500,000 for all three sites as itemized
on the Bid Form. Refer to Bid Form for submittal requirements and specification 01 2100
Allowances added per this addendum for details of the allowance. All work associated with
the monument signs are to be included within the General Contractors scope of work
including permitting & AHJ approvals, This allowance will require documentation from the
sign company.for pay application approval with only actual amounts with approved
overhead and profit percentage added. All savings of allowance amount is to be given back
to the client.
ADD/4-02 Alternates for Communication & Security Conduit at Parking Lot and Associated Poles
Reference: 01 2300 Alternates as referenced to each Drop -Off Station project
Replace specification section 01 2300 Alternates with the revised attached per this
addendum. The revised specification reflects the underground Communication & Security
conduit requirements as well as associated poles at the existing parking lot.
ADD/4-03 Monument Sign Design
Reference: Sheet EX1.0 to be incorporated at each Drop -Off Station project
Add sheet Ex1.0 Monument Sign Exhibit to be incorporated at each Drop -Off Station
project as attached per this addendum. The added sheet reflects the monument sign design
that is to he constructed by the sign company under the General Contractor's primary
contract. This sheet is for reference only.
ADD/Page 1 of 2
ADD/4-04 Communication / Security Conduit Requirements
Reference: Sheet E0.1 of each Drop -Off Station project
Replace sheet E0.1 Site Plan Electrical of each Drop -Off Station project with the revised
sheets attached per this addendum. The revised sheet reflects underground communication /
security conduit requirements as well as pole requirements at each site. Refer to paragraph
"ADD/4.02" for pertinent information.
ADD/4-05 IT Data Cabinet Location Requirements
Reference: Sheet E3.1 of each Drop -Off Station project
Replace sheet EU Power Plan Electrical of each Drop -Off Station project with the revised
sheets attached per this addendum. The revised sheets reflect relocated Data / IT cabinet
within the Administration Building, the addition of power and a j-box to support the card key
identified at the Admin Building entry, as well as the pole base detail (as applicable).
ADD/4-06 Casework Modification for Data / 1T Cabinet Requirements
Reference: 01 Enlarged Plan on Sheet A4.1 of each Drop -Off Station project
Remove the work counter and backsplash within the first tubby workstation located
immediately outside of Break 104. This modified work station will provide wall space for the
mounting of the Data / IT cabinet identified on sheet E3,1 Power Plan Electrical. This
modification shall be incorporated at each Drop -Off Station project per this addendum.
Attachments:
01 2100 Allowances
01 2300 Alternates
EX1 .0 Monument Sign Design (All Sites)
E0.1 Site Plan Electrical (All Sites)
E3.1 Power Plan Electrical (All Sites)
END OF ADDENDUM 4
ADD/Page 2 of 2
SECTION 01 2100
ALLOWANCES
PART 1 - GENERAL
1.01 SUMMARY
A. Section includes:
1. Cash allowances.
r B. Related Sections
1. Section 01 3216 - Construction Progress Schedules.
C. Include in Contract Sum cash allowances scheduled at end of Section.
D. Designate in Construction Progress Schedule specified in Section 01 3216 delivery dates for products
under each allowance.
E. Designate cost allowances in Schedule of Values.
1.02 CASH ALLOWANCES
A. General:
1. Purchase products under each allowance as directed by Architect.
2. Amount of allowance includes:
a. Permitting of the Monument Sign(s).
b. Net cost of product, less any applicable trade discounts.
c. Delivery to site,
d. Overhead and Profit as allowed/approved on sign vendor's work only.
3. In addition to amounts of allowances, include in Contract Sum and not a part of the allowance,
Contractor's costs for:
a. Handling at site, including unloading, uncrating, and storing.
b. Protection from elements and from damage.
c. All other expenses required to complete installation.
d. Overhead and profit.
B. Delivery:
1. Contractor's Duties:
a. Arrange for delivery and unloading.
b. Promptly inspect products for damage or defects.
c. Submit any claims for transportation damage.
PART 2 - PRODUCTS - NOT USED
PART 3 - EXECUTION
3.01 ALLOWANCE SCHEDULE
A. Monument Sign
1. Include a total cash allowance of $600,000.00 for the purchase, delivery and installation of three
monument signs (one located at each Drop Off Center Site).
2. Include costs associated with permitting and AHJ approvals.
3. Receipts/documentation is required for allowance.
4. All moneys not required for work designated to go back to the client.
5. All monument signs are to be provided and installed by the General Contractor per the Sign Exhibit
EX1.0 including its structural engineering, foundation design, wall support framing & back-up,
masonry veneer, aluminum letters & city logo, as well as the pier, pipe support and sign can display
board.
END OF SECTION
CoFW Drop -Off Station Improvements
17-1018 MLK Jr. Freeway
17-1019 Old Hemphill St
17-1020 Brennan Ave 01 2100-1 ALLOWANCES
SECTION 012300
ALTERNATES
PART 1 -GENERAL
1.01 SUMMARY
A. Section Includes
1. Documentation of changes to Contract Sum and Contract Time.
B. Contract Documents contain pertinent requirements for materials and methods to accomplish work
described herein.
C. Provide alternate costs for inclusion in Contract Sum if accepted by Owner.
1.02 RELATED REQUIREMENTS
A. Owner/Contractor Agreement: Alternates accepted by Owner for incorporation into the Work.
B. Individual specification sections identified.
1.03 PROCEDURES
A. Alternates will be exercised at the option of Owner.
B. Coordinate related work and modify surrounding work as required to complete the work, including
changes under each Alternate, when acceptance is designated in Owner/Contractor Agreement.
1.04 DESCRIPTION OF ALTERNATES
A. BRENNAN:
1. Alternate No. 1
a. Base Bid: Provide 6" compacted flexible base per Civil spec item 32 11 13 in locations indicated
on C1.01 Dimensional Control Plan.
b. Alternate Bid: in lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
2. Alternate No. 2 -
a. Base Bid: Leave existing pavement "as is" in area locations indicated on C1.01 Dimensional
Control Plan.
b. Alternate Bid: Alternate Bid: Rework existing base material and pave with heavy duty pavement
per detail sheet C5.00 as indicated on C1.01 Dimensional Control Plan.
3. Alternate No. 3 -
a. Base Bid: All underground communication, data and power conduit runs as shown on E0.1 Site
Plan Electrical, with the exception of the 30' poles and communication / security conduit identified
within the existing parking lot as described in the Alternate Bid below.
b. Alternate Bid: Provide and install two new 30' poles as well as install underground communication
security conduit runs within the existing parking lot per sheet E0.1 Site Plan Electrical
specifically added per this addendum. Security cameras and security cabling will be provided
and installed by others.
B. HEMPHILL:
1. Alternate No. 1 -
a. Base Bid: Provide 6" compacted flexible base per Civil spec item 32 11 13 in locations indicated
on C1.01 Dimensional Control Plan.
b. Alternate Bid: In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
2. Alternate No. 2 -
a. Base Bid: All underground communication, data and power conduit runs as shown on E0.1 Site
Plan Electrical, with the exception of the communication / security conduit identified within the
existing parking lot as described in the Alternate Bid below.
CoFW Drop -Off Station Improvements
17-1018 MLK Jr. Freeway
17-1019 Old Hemphill St
17-1020 Brennan Ave 01 2300-1
ALTERNATES
b. Alternate Bid: Install underground communication / security conduit runs within the existing
parking lot per sheet EO.1 Site Plan Electrical specifically added per this addendum. Security
cameras and security cabling will be provided and installed by others.
C. ML.K
1. Alternate No. 1 —
a. Base Bid: Provide 6" compacted flexible base per Civil spec item 32 11 13 in locations indicated
on C1.01 Dimensional Control Plan.
b. Alternate Bid: In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
2. Alternate No. 2 --
a. Base Bid: Leave existing pavement "as is" in area locations indicated on C1.01 Dimensional
Control Plan.
b. Alternate Bid: Rework existing base material and pave with heavy duty pavement per detail sheet
C5.00 as indicated on C1.01 Dimensional Control Plan.
3. Alternate No. 3 -
a. Base Bid: All underground communication, data and power conduit runs as shown on E0.1 Site
Plan Electrical, with the exception of the 30' poles and communication / security conduit identified
within the existing parking lot as described in the Alternate Bid below.
b. Alternate Bid: Provide and install two new 30' poles as well as install underground communication
/ security .conduit runs within the existing parking lot per sheet E0.1 Site Plan Electrical
specifically added per this addendum. Security Cameras and security cabling will be provided
and installed by others.
PART 2 - PRODUCTS - NOT USED
PART 3 - EXECUTION - NOT USED
END OF SECTION
COFW Drop -Oft Station Improvements
17-1018 MLK Jr. Freeway
17-1019 Old Hemphill St
17-1020 Brennan Ave 01 2300-2
ALTERNATES
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THIS COPY IS FOR:
CONTRACTOR
CITY SECRETARY
SPONSORING DEPT
PROJECT MANAGER
TPW FILE COPY
THE CITY OF FORT WORTH, TEXAS
Existing Drop -Off Stations -
Building Addition & Site Modifications.- Brennan,
Southeast (Martin Luther King) & Old Hemphill Road
PMD2015-04
BETSY PRICE
MAYOR
Fo RT Wo wr H
DAVID COOKE
CITY MANAGER
{ Steve Cooke
Director, Property Management Department
Brandon S . Bennett
Director, Code Compliance Department
Elements of .Architecture, Inc.
4
September 2018
Instruction to Offerors (October 2017) Page 1 of 34
CFVV Code Compliance Department-- Existing Drop -Off Station: Brennan March 2019
NOTICE TO OFFERORS
Proposals will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth,
76102, until 1:30 P.M on Thursday, October 25, 2018 and will be opened and publicly read aloud
approximately thirty minutes later in the Council Chambers for the following Project:
This solicitation is for three contracts to be awarded to the same selected General Contractor for additions
and improvements at three existing Drop -Off Stations — Brennan Drop -Off Station, 2400 Brennan Avenue;
Southeast (Martin Luther King) Drop -Off Station, 5150 Martin Luther King Freeway; and Old Hemphill Road
Drop -Off Station, 6260 Old Hemphill Road. All three Drop -Off Stations are located in Fort Worth, Texas.
After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the City
and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a
scope or time modification and any price change associated with such modification.
A Pre -Proposal Conference will be held at 10:00 A.M., Wednesday, October 3, 2018 at 401 W.13th Street.
The last day for questions from prospective Offerors is at 5:00 PM on Wednesday, October 17, 2018.
The offers will be valid for NINETY (90) calendar days. The base bid for each Drop -Off Station is
approximately: Brennan Drop -Off Station — $800,000, Southeast (Martin Luther King) Drop -Off Station —
$790,000 and Old Hemphill Road Drop -Off Station — $800,000. There is one Add Alternate (Concrete
Paving) and one Allowance (Digital Sign) for each Drop -Off Station.
The Offeror will add a 7.5% Owner's Contingency Allowance to each Drop -Off Station proposal as a
separate line item on the Proposal form and only the Owner will approve the use of this allowance during
construction. Any Contingency Allowance remaining at the end of construction will be retained by the City of
Fort Worth. The Contingency Allowance is not to be included in the Base Proposal and will not be used in the
Best Value selection process.
Refer to the evaluation matrix for the selection of the Best Value Offeror in the I nstructions to Offerors.
Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information. MBE
participation will be evaluated in awarding this Contract. The MBE participation goal is 16% Total. Offerors
must submit the attached Best Value Utilization Form within 5 business days of submitting their Best Value
Proposal. Failure to document proposed attainment will remove the Proposal from further consideration.
Also, Refer to Section 2. MINORITY BUSINESS ENTERPRISE MBE BEST VALUE PROPOSAL in the
Instructions to Offerors.
Offerors must submit a bid bond with their proposal. Offerar(s) to whom an award of contract(s) is made will
be required to provide Payment and Performance Bonds and provide Contractors General Liability and
Statutory Workers Compensation Coverage.
If you intend to submit a Proposal, request you inform the Project Manager or Architect/Engineer who
can then inform the interested subcontractors.
General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions,
Drawings, and Specifications through their printer. The construction documents are not available at the City but
may be viewed and printed on-line by cutting and pasting the following link into your browser:
htt s:ll ro�ect oint.buzzsaw.comffortworth ovIPMD%2OPro'ectsIDro %200ff%2oStations? ublic
Instruction to Offerors (October 2017) Page 2 of 34
CFVV Code Compliance Department -- Existing prop -Off Station: Brennan March 2019
Contact the Project Manager, Alfonso Meza, at (817) 392-8274 or email Alfonso. Meza(c_fortworthtexas.goy for
assistance. For additional information contact the Project Architect, Scott Fisher with Elements of Architecture,
Inc., at (817) 333-2880 or email sfisher elementsofarc.com .
Advertisement: September 27, 2018
October 4, 2018
Instruction to Offerors (October 2017) Page 3 of 34
CFW Code Compliance Department — Existing drop -Off Station: Brennan March 2019
TABLE OF CONTENTS
w
I
• PROJECT COVER PAGE
• NOTICE TO OFFERORS
• TABLE OF CONTENTS
• INSTRUCTIONS TO OFFERORS
• PROPOSAL FORM
• CONFLICT OF INTEREST AFFIDAVIT
o CONFLICT OF INTEREST QUESTIONAIRE (CIO)
• CONFLICT DISCLOSURE STATEMENT (CIS)
s TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
• 2013 PREVAILING WAGE RATES
• WEATHER TABLE
• GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
• CONSTRUCTION CONTRACT
• PAYMENT BOND
• PERFORMANCE BOND
• CERTIFICATE OF INSURANCE
• CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
• PROJECT SIGN
Instruction to Offorors (October 2017)
CFW Code Compliance Department -- Existing Drop -Off Station: Brennan
Page 4 of 34
March 2019
INSTRUCTIONS TO OFFERORS
PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the
response to this Request for Sealed Proposals:
® Use the Proposal Form provided below.
Entries on the Proposal Form may be handwritten or typed.
• Write in contract duration if not specified.
® Acknowledge all addenda on the Proposal Form.
• Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice-
president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the
managinglgeneral partner must sign the proposal.
• Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ
and Form CIS if required.)
• Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to
the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid
submitted.
• In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of
$100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and
is the holder of a certificate of authority from the United States Secretary of the Treasury to
qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of
any such reinsurance shall be provided to the City upon request. The City, in its sole discretion,
will determine the adequacy of the proof required herein.
1A. SELECTION OF CONTRACTOR:
The City shall select the Offeror that offers the best value based upon the following criteria and on its
ranking evaluation.
In determining the Best Value Offeror, the City will consider:
1. Proposed Price (60 points) — The lowest priced responsive Proposal will receive 60 points for
this rating criterion. Higher priced proposals will receive proportionally lower scores. When
compared to the lowest price, the higher priced proposal will have its score reduced by one
percent (1 point) for every percent it is higher than the lowest price. The score will be
rounded to the nearest whole number.
2. Proposed level of MBE participation (10 points).
3. Proposed project schedule (10 points) —The proposal with the shortest valid schedule will
receive 10 points for this rating criterion. Longer schedules will receive proportionally lower
scores.
4. References/Experience (10 points) - References and experience of the Offeror as
demonstrated by listing past and current projects including references with names and
current telephone numbers; and, list of subcontractors if applicable.
5. Past relationship with the City (10 points) — Offeror's past relationship with the City of Fort
Worth for "vertical" facilities projects shall receive up to 10 points for this rating criterion. If
the Offeror does not have a past relationship with the City of Fort Worth, the Offeror will
receive 5 points for this rating criterion.
I nstruction to Offerors (October 2017) Page 5 of 34
CFVV Code compliance Department — Existing Drop -Off Station: Brennan March 2019
6. If the scare for any individual rating criteria is rated as zero, this will result in the overall score
being zero regardless of how many points could have been earned in the other categories.
After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate
a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror
options for a scope or time modification and any price change associated with the modification.
If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in
writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection
ranking until a contract is reached or all proposals are rejected.
2. MINORITY BUSINESS ENTERPRISE MBE BEST VALUE PROPOSAL
Minority Business Enterprise Provisions:
As of June 1, 2012, The City of Fort Worth 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 M/WBE 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.
All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable
participation of Minority Business Enterprises (MBE) in the procurement of goods and services. If the
total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be
applicable.
The MBE goat on this project is 15% Total.
Offerors must submit a Utilization Plan within 5 business days of submitting their Best Value
Proposal. The information shall include: (1) the name, address and telephone number of each MBE;
(2) the description of the work to be performed by each MBE; and (3) the approximate dollar
amount/percentage of the participation. Refer to the attached City of Fort Worth Best Value
Utilization Form.
A Minority Business Enterprise is defined as a business concern located in the Marketplace meeting
the following criteria:
a. is at least 51 percent owned by one or more minority persons, or, in the case of any
publicly owned business, at least 51 percent of the stock is owned by one or more
minority persons; and
b. management and daily business operations are controlled by one or more minority
persons who own it.
The business must be certified prior to recommendation of award in order for the participation to be
counted towards the established goal.
Offerors must submit the best value utilization form within 5 business days of submitting their Best
Value Proposal.
If an Offeror is certified as a DBE, MBE, SBE or WBE firm, please be aware that the City's Ordinance
does not allow a certified company to count itself towards the established goal; the goal represents
subcontracting opportunities.
Instruction to Offerors (October 2017) Page 6 of 34
CFV! Code Compliance Department— Existing Drop -Off Station: Brennan March 2019
If an Offeror (regardless of certification status or if a non- DIMISIBE), however, forms a joint venture
with one or more MBEs, the MBE joint venture percentage participation will be counted towards the
established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review
and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures.
If Offeror failed to meet the stated MBE goal, in part or in whole, then a detailed explanation must be
submitted to explain the Good and Honest Efforts your firm made to secure MBE participation.
Failure to submit the MBE' participation information or the detailed explanation of the proposer's Good
and Honest Efforts to meet or exceed the stated MBE goal, may render the proposal non -responsive.
The MBE plan will be part of the final weighted selection criteria.
3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort
Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). The
Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful
Offeror fails to execute the contract documents within ten (10) days after the contract has been
awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to
submit the Proposal Security will result in the Proposal not being considered for this project. Offeror's
Fond will be returned if the City fails to award the contract within 90 calendar days of receipt of
proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in
the state of Texas.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful
Offeror entering into a contract for the work will be required to give the City surety in a sum equal to
the amount of the contract awarded. The form of the bond shall be as herein provided and the surety
shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas
Government Code Section 2253, as amended.
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or
required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000
from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder
of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on
obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall
be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of
the proof required herein.
No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or
which are interested in any litigation against the City. Should any surety on the contract be
determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect
and the contractor shall immediately provide a new surety satisfactory to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump
sum. Payment shall not be made for a period of 45 calendar days from the date the work has been
completed and accepted by the City.
If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the
contract, solely for the protection of all claimants supplying labor and materials in the prosecution of
the work.
If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the
amount of the contract, conditioned on the faithful performance of the work in accordance with
the plans, specification, and contract documents. Said bond shall be solely for the protection of the
City of Fort Worth.
5. PRE -PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the
site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as
Instruction to Offerors (October 2017) Page 7 of 34
CFW Code Compliance Department — Fxisting Drop -Off Station: Brennan March 2019
to the conditions which will be encountered relating to the character, quality, and quantity of the work
to be performed and materials and equipment required. The filing of a response by the Offeror shall
be considered evidence that it has complied with these requirements.
AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
proposal.
WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be
paid on this project.
POST PROPOSAL - PREAWARD SUBMITTALS: Offerors are required to submit seven (7) copies of
the following information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas
76102 (phone number 817-392-2586), within five business days subsequent to bid opening
(normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff
in determining the Contractor's capability of performing the work and in meeting City contract
requirements:
• Minority Business Enterprise Documentation (for proposals in excess of $50,000)
• Contractors Qualification Statement (AIA Form A305), including client references
• List of current projects & past projects built within the last 10 years, including owners'
and architects' names with contact information for both current & past projects.
• Proposed Subcontractors and Suppliers
• Project Schedule
0 Schedule of Values (Breakout by CSI Divisions)
• Proof of insurability for Statutory Workers Compensation Insurance
9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept
the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract. The Contractor must provide and use subcontractors
listed unless the City agrees to allow a substitute.
10. DISCREPANCIES AND ADDENDA:
Should an Offeror find any discrepancies in the drawings and specifications, or should it be in doubt
as to their meaning, it shall notify the City at once. If required, the City will then prepare a written
addendum that will be available to all Offerors at the place designated for distribution of the Request
for Proposal Documents by the Notice to Offerors. The Contractor is responsible for determining if
addenda are available and for securing copies prior to submitting a response to this request for
sealed proposals. Oral instructions or decisions unless confirmed by written addenda will not be
considered valid, legal or binding. No extras will be authorized because of failure of the contractor to
include work called for in the addenda.
Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the
Proposal to be ruled non -responsive. It is the Contractor's responsibility to obtain Addenda and
include its information in the Proposal.
11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage
is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers
Compensation Insurance will be obtained, must be submitted within five working days of bid opening.
12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State
sales taxes under House Bill 11, enacted August 15, 1991.
13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required
by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may
be required for each work location.
[nstruction to Offerors (October 2017) Page 8 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees.
Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the
property line. The Contractor will include all remaining fees from the electrical and gas companies in
the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies
for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other
utilities within the property line of the project. Unless indicated otherwise on the plans, the contractor
will be responsible for costs and installations from the building side of the water meter and sewer tap.
15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the
Offeror.
I& MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are
descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request
of the architect or contractor, the contractor will submit a full sized sample and/or detailed information
as required to allow the architect to determine the acceptability of proposed substitutions. Where
equipment has been listed as "no substitute accepted", the City will accept no alternates to the
specified equipment. Also, refer to specification's product requirements.
17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection
services, the testing of construction materials engineering, and the verification testing services
necessary for the acceptance of the construction work.
18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will,
at the minimum, include the following: quality control submittals and approvals, mobilization, site
preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning,
and closeout. The Schedule may be submitted as a table or PERT diagram.
19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission
regulations require that the business entity must fill out the Form 1295 on an electronic filing
application on the Texas Ethics Commission website (www.ethics. state. tx. us). The business entity
that wishes to enter into the contract must supply the completed, signed and notarized Form 1295 to
the City.
20. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination.
Vendor shall verify the identity and employment eligibility of all employees who perform work under this
Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain
photocopies of all supporting employment eligibility and identity documentation for all employees, and
upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each
employee who performs work under this Agreement. Vendor shall establish appropriate procedures and
controls so that no services will be performed by any employee who is not legally eligible to perform such
services. Vendor shall provide City with a certification letter that it has complied with the verification
requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due
to violations of this provision. City shall have the right to immediately terminate this Agreement for
violations of this provision by Vendor.
21. House Bill 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government
Code, the City is prohibited from entering into a contract with a company for goods or services unless the
contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will
not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have
the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing
this contract, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
Instruction to Offerors (October 2017) Page 9 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
PROPOSAL
(Revised: 18 October 2018, 26 October 2018)
TO: MR. DAVID COOKE
CITY MANAGER
ATTN. PURCHASING OFFICE
200 TEXAS STREET
CITY OF FORT WORTH, TEXAS
FOR: Existing Drop -Off Stations — Building Addition & Site Modifications:
Brennan, 2400 Brennan Ave.
Southeast (Martin Luther King), 5150 Martin Luther King Freeway
Old Hemphill Road, 6260 Old Hemphill Road
Fort Worth, Texas
Project PMD2014-04
Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment and materials necessary to fully complete all the work as provided
in the plans and specifications, and subject to the inspection and approval of the Director of
Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if
the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds
approved by the City of Fort Worth for performing and completing the Work within the time stated and for
the following sum, to wit:
DESCRIPTION OF ITEMS —
Brennan Drop -Off Station
833,395
s
f 120
Base Proposal
Calendar Days
$� `4 . ( `2 st) �. Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Fort Worth).
$gq goo , Base Proposal Plus Owner's Contingency Allowance
Southeast (MILK) Drop -Off Station
756,582 Base Proposal
120 Calendar Days
$^ f/f . Owner's Contingency Allowance (7.5%) - added to Base
Proposal (T is Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Fort Worth).
$ Base Proposal Plus Owner's Contingency Allowance
Addendum No. 4 - Instruction to Offerors (October 2017) - Proposal Page 1 of 4
CFW Code Compliance Department-- Existing Drop-off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
Old Hemphill Road Drop -Off Station
848,152 Base Proposal
120 Calendar Days
$ % tlt Owner's Contingency Allowance (7.5%) added to Base
Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base
Proposal. Only the Owner will approve the use of this Allowance during construction. Any
Allowance remaining at the end of construction will be retained by the City of Port Worth).
$ ! f t �1Base Proposal Plus Owner's Contingency Allowance
ALTERNATES —
Brennan Drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1
Calendar Days
106,319
21
Add Alternate No. 2 — Rework existing base material and pave with heavy duty pavement per detail Sheet
C5.00 as indicated on C1.01, Dimensional Control Plan.
�C Add Alternate No. 2
Calendar Days
$ 34,596
14
Add Alternate No. 3 — Communication & Security Conduit at parking lot and associated poles. Refer to
Specifications, Section 01 2300, Alternates.
Add Alternate No. 3 $ 4,411
Calendar Days 7
Southeast (MLK) Drop -Off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1
Calendar Days
105,922
21
Add Alternate No. 2 — Rework existing base material and pave with heavy duty pavement per detail Sheet
C5.00 as indicated on C1.01, Dimensional Control Plan.
Add Alternate No. 2 $ 40,938
Calendar Days
14
Addendum No. 4 - Instruction to Offerors (October 2017) - Proposal Page 2 of 4
CFw Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
Add Alternate No. 3 — Communication & Security Conduit at parking lot and associated poles. Refer to
Specifications, Section 01 2300, Alternates.
Add Alternate No. 3 $ 4,170
Calendar Days 7
old Hemphill Road Drop-off Station
Add Alternate No. 1 — In lieu of 6" compacted flexible base, provide medium duty concrete paving over 6"
flexible base for parking areas and heavy duty concrete paving over flexible base for heavy duty
equipment area per locations indicated on C1.01 Dimensional Control Plan.
Add Alternate No. 1 $ 163,068
Calendar Days 21
Add Alternate No. 2 Communication & Security Conduit at parking lot and associated poles. Refer to
? Specifications, Section 01 2300, Alternates.
Add Alternate No. 2 $ 4,170
Calendar Days 14
ALLOWANCES —
Allowance No. 1 -- Monument Signs
Include a total cash allowance of $500,000.00 for the purchase, delivery and installation of three
monument signs (one located at each Drop -Off Station). Refer to Specification, Section 01 2100,
IC Allowances.
Brennan Drop -Off Station $ 166,666.67
Southeast (MLI() Drop -Off Station $ 166,666.67
;i Old Hemphill Road Drop -Off Station $ 166,666.66
The undersigned agrees to complete the Work within the calendar days specified above after the date of
Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offoror.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for
the above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants
to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
s amended by City Ordinance 7400 (Port Worth City Code Section 13A-21 through 13A-29).
Residency of Offorors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
E Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a
comparable contract in the state in which the non-resident's principal place of business is located. The
appropriate blanks in Section A must be filled out by all non-resident bidders in order far your bid to meet
specifications.
Addendum No. 4 - Instruction to Offerors (October 2017) - Proposal Page 3 of 4
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder.
Resident bidders must check the box in Section B.
A. 1_1 Non-resident vendors in (give state), our principal place of
business, are required to be percent lower than resident bidders by state
law.
1_1 Non-resident vendors in (give state), are not required to
underbid resident bidders.
B. 1xI Our principal place of business or corporate offices are in the State of
Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the
formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of
this contact. The attached deposit check in the sum of
Dollars ( is to become the property of the City of Fort
Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not
executed within the time set forth, as liquidated damages for delay and additional work caused thereby.
MINORITY BUSINESS ENTERPRISE (MBE): (For Proposals in excess of $50,000)
I am aware that l must submit information to the Director, Property Management Department,
concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order
to be considered RESPONSIVE.
Respectfully submitted,
Address:
Oscar Oaxaca President
Printed Name of Principal Title
930 W. 1st Street Suite 201
Street
Fort Worth 76102
City Zip
Phone: 817-589-0050
Fax: 817-483-2609
Email: ooaxaca@basecominc.com
Receipt is acknowledged of the following addenda:
Addendum No. 1:
Addendum No. 4:
Addendum No. 7:
Addendum No.10:
Addendum No. 2,
Addendum No. 5:
Addendum No. 8:
Addendum No. 11:
Addendum No. 3: 00
Addendum No. 6:
Addendum No. 9:
Addendum No.12:
Addendum No. 4 - Instruction to Offerors (October M7) - Proposal Page 4 of 4
CFW Code Compliance Department -- Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. October 2018
BASECOM
CONSTRUCTION SERVICE,$
930 W. 1 St. Ste 2oi, Fort Worth, Texas 76102
(817) 589-0050 Fax: (817) 483-2609
January 15, 2019
The City of Fort Worth
Property Management Department
401 W. 13th St.
Fort Worth, TX 76102
Attn: Alfonso Meza
Re: Existing Drop -Off Stations — Bldg. Addition & Site Modifications; Post Bid Proposal
Basecom is pleased to submit a post bid proposal for the above mentioned project per communications with Alfonso
Meza. Each drop-off station includes added time for the accepted alternates 1 through 3 from original bid proposal.
The current price for the monument signs stands as quoted at $70,482 per station, however, Signs Manufacturing
expects about a 10% increase in pricing in February. Pricing and scope of work/clarification as follows:
Scope of work:
Old Hemphill Drop -Off Station
o Two weeks of additional time and General Conditions, to PM, Superintendent, Office Trailer, Temp
Toilets, etc.), to address admin costs to leave the facility open for approx. 4.75 months of the 5.75
month schedule
o Basecom proposes to close the facility for four (4) weeks of total scheduled time on site
Old Hemphill Drop -Off Station Total: $18,002
MILK (Southeast) Drop -Off Station
o Two weeks of additional time and General Conditions, to PM, Superintendent, Office Trailer, Temp
Toilets, etc.), to address admin costs to leave the facility open for approx. 5 months of the 6 month
schedule
o Temporary road base to bypass Alt 2 area north of heavy truck exit route
during construction. Remove & regrade after completion
0 7" concrete pavement in lieu of 6" concrete pavement at parking lot north of heavy truck exit route
o Basecom proposes to close the facility for four (4) weeks of total scheduled time on site
Mi.K (Southeast) Drop -Off Station Total: $31,150
Brennan Drop -Off Station
o Two weeks of additional time and General Conditions, to PM, Superintendent, Office Trailer, Temp
Toilets, etc.), to address admin costs to leave the facility open for approx. 5 months of the 6 month
schedule
o Temporary road base to bypass Alt 2 area north of heavy truck exit route
during construction. Remove & regrade after completion
0 7" concrete pavement in lieu of 6" concrete pavement at parking lot north of heavy truck exit route
o Basecom proposes to close the facility for four (4) weeks of total scheduled time on site
Brennan Drop -Off Station Total: $31,959
BASECOM
CONSTRUCTION SERVICES
930 W. 1 St. Ste 201, Fort Worth, Texas 76102
(817) 589-0050 Fax. (817) 483-2609
TOTAL: Eighty One Thousand One Hundred Eleven Dollars ($81,111.00)
Thank you for the opportunity to be of service to you, we look forward in working with you on this project. Please
contact me with any questions at (817) 599-0050.
Sincerely,
Mnrl2 onxm30
Mark Oaxaca
Lead Estimator
Basecom Inc.
W BEM COST BASED ON CONSTRUCTION WHILE DROP-OFF STATIONS REMAIN
RD CONSTRUCTION SERVICES OPERATIONAL WITH A 4 WEEK CLOSURE FOR CRITICAL PHASES.
oEspnilE 1?4
GENERAL CONDITIONS
AnO I r Ic I �Al_ COST AD rN_ J WAI Sl 1:;,' NA - C'._):� T
8.-Rc� I I - Cal) E�RENNA!� l*�e":ozj F
JAPYA I Ll
$6,444.88 $6,444.88 $6,444,88
PROJECT MANANGER
$1,721.25
$1,721.25
$1,721.25
SUPI RINTENDENT
$5,608,56
$5,508.56
$5,508.56
TRAFFIC _ PLATES
$1,900.00
$1,900.00
$1,900.00
ROAD BASF
$2,100.00
$2,100.00
$9,975.00
I
CONCRETE
$9,275.00
SUBTOTAL
$27,649.69—
$26,949.69
GROSS COST
BUILDERS RISK INSURANCE
GENERAL LIABILITY INSURANCE
BUILDING PERMITlTDLR REVIEW
TESTING
SUBTOTAL
$15,575
$1
$48
$0
$0
$27,650
$1
$85
$0
30,
$26,950
$1
$83
$0
$0
$16,623
$27,736
$27,034
CONTINGENCY AT
PAYMENT & PERFORMANCE BOND (YESINO)
OVERHEAD AT
FIFE AT
TOTALI
0.00%
YES
6,00%
6.00%-
1
$460
$799
$779
$964
$1,712
$1,669
$964
$1,712
$1,669
—$31,150
$18,002—
$31,9691
OLD HEMPHILE—_
—BRENNAN I
SOUTHEAST
r an
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CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also
referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached
CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant
to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required
documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links
1 provided below.
http://www.ethics.state.tx.us/forms/CJQ.12df
http-/fwww.ethics.state.tx.us/fornis/CIS.pdf
MJ'Form is on file with City Secretary
CI Form is being provided to the City Secretary
Form is on File with City Secretary
F-03 Form is being provided to the City Secretary
BIDDER:
�r �v & . By:
pany (Please Punt)
u
Signature:ddress
X , �l 6 IL) z- Title: EU
t 51
T rl ,
City/State/Zip (Please Print)
Instruction to Offerors (October 2017) Page 14 of 34
CFW Code Compliance Department — Existing Drop -Off Stations: Brennan, MLK & Old Hemphill Rd. September 2018
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
Name of Purchaser, Firm or Agency: CitK of Fort Worth Texas
Address (Street & Number, P.O. Sox or Route Number): 1000 Throckmorton
City, State, Zip Code: Fort Worth Texas 76102
Telephone: 817 392-8360
1, the purchaser named above, claim an exemption from payment of sales and use
taxes for the purchase of taxable items described below or an the attached order or
invoice from:
All vendors
Description of the items to be purchased, or on the attached order or invoice.
All items except motor vehicles as listed below
Purchaser claims this exemption for the following reason:
Governmental Entity
I understand that I will be liable for payment of sales or use taxes which may become
due for failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases.
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used.
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know, at the time of purchase, will be used in a manner other than
expressed in this certificate and that upon conviction I may be fined not more than $500
per offense. r1 N _
Purchaser:
Title:
Date: February 1, 2007
Note: This certificate cannot be issued for the purchase, lease or rental of a motor
vehicle.
THIS CERTIFICATE DOES NOT REQUIRE NUMBER TO BE VALID
Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed
certificate to the Comptroller of Public Accounts.
Instruction to Offerors (October 2017) Page 19 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
2013 PREVAILING WAGE RATES
Commercial Construction Projects
CLASSMCATION
AC Mechanic
25.24
$
AC Mechanic Helper
13.67
Acoustical Ceiling installer
16 3
Acoustical Ceiling Installer Helper
12$70
Bricklayer/Stone Mason
19.45
Bricklayer/Stone Mason Trainee
13 31
Bricklayer/Stone Mason Helper
10.91
Carpenter
17.75
$
Carpenter Helper
14.32
Concrete Cutter/Sawer
17 0
Concrete Cutter/Sawer Helper
11 0
Concrete Finisher
15.77
Concrete Finisher Helper
11$00
$
Concrete Form Builder
15.27
Concrete Form Builder Helper
100
$
Drywall Mechanic
15.36
$
Drywall Helper
12.54
Drywall Taper
15 00
Drywall Taper Helper
11 50
Electrician (Journeyman)
19$63
Electrician Apprentice (Helper)
15$64
$
Electronic Technician
20.00
$
Floor Layer
18.00
Floor Layer Helper
10 0
Glazier
21.03
Instruction to Offerors (October 2017) Page 20 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
Glazier Helper
12$81
$
Insulator
1659
Insulator Helper
11$21
Laborer Common
10.89
Laborer Skilled
14$15
$
Lather
12.99
Metal Building Assembler
16 0
Metal Building Assembler Helper
12 0
Metal Installer (Miscellaneous)
13 0
Metal Installer Helper (Miscellaneous)
11 0
Metal Stud Framer
16.12
$
Metal Stud Framer Helper
12.54
Painter
16.44
Painter Helper
9.98
Pipefitter
21 22
Pipefitter Helper
15$39
Plasterer
16.17
Plasterer Helper
12$85
Plumber
2198
$
Plumber Helper
15.85
Reinforcing Steel Setter
12 87
$
Reinforcing Steel Setter Helper
11.08
Roofer
16$90
Roofer Helper
11.15
$
Sheet Metal Worker
16-35
Sheet Meta[ Worker Helper
13$11
Sprinkler System Installer
19$17
Sprinkler System Installer Helper
14.15
Page 21 of 34
March 2019
Instruction to Offerors (October 2017)
CFW Code Compliance Department — Existing Drop -Off Station: Brennan
Steel Worker Structural
17$00
Steel Worker Structural Helper
13 4
Waterproofer
15.00
Equipment Operators
$
Concrete Pump
18.50
Crane, Clamshell, Backhoe, Derrick, D'l.ine Shovel
19.31
Forklift
16.45
Foundation Drill Operator
22.50
Front End Loader
16.97
Truck Driver
16.77
Welder
19.96
Welder Helper
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey
conducted and published by the North Texas Construction Industry (Fall 2012) independently compiled
by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are
provided on the TEXO's (The Construction Association) website.
www.texoassociation.org/Chapter/wagerates.asp
Instruction to Offerors (October 2017) rage 22 of 34
CFW Code Compliance Department -- Existing Drop -Off Station: Brennan March 2019
CITY OF FORT WORTH
WEA [ HER TABIE
Month
Average Days
of
I�ain�now�rce
Inches of Rainfall
onuary
fi
2.51
1eb.a
7
2.23
March
9
3A9
nI
7
2.97
may
18
4.56
tine
8
3.31
rah
4
1.83
rrgust
5
1.88
ptember
5
2.34
October
7
3.65
November
7
2.70
December
6
2-34
Annually
81
33.81
4
(1) Mean number of days predpltation of 0.81" or more or VT snowfice
(2).Average nom'l precipitation, in inches
This table is based on information reported from Dallas -Fort Werth International A[ToM
Texas. Latitude 32 deg 54 ruin north, lrrngitude 97 deg 62 min west, elevation (ground) 551 It -
Average number of days of rain, snow3 and ice days are based on records covering 21 yam_
Precipitation is based an recorded information from 1996 through 2816 period.
This table is to be used as a baisis far calculation of excess rapt or weather days for projects
with duration in calendar days. If the site records indicate that the Contractor was unable to
cant' out operations due to weather, it is counted as a weatherday- If the number of weather
days exceeds the number of average rain days plus the snowlice days for the contract
duration, the contract M11 be .adjusted by Change Order_
r
Ftrrt W,�oah Weather Tattle F4 April 23r17
Instruction to Offerors (October 2017) Page 23 of 34
CFW Code Compliance popartment — Existing Drop -Off Station: Brennan March 2019
City of Fort Worth, Texas
Property Management Department
Facilities Management GrouplArchitectural 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, Notice to Bidders, Proposal, General
Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders,
written Interpretations and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or
contemporaneous, oral or written agreements, Instruments or negotiations shall be construed as altering the terms and effects of the
Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the
Contractor and the Owner, or Change Order, or by a written Field Order for a minor change.
A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated
in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four 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 herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other
Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS: 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.
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) Page 1 of 27
CFW PMD — Code Compliance: Brennan Drop -Off Station March 2019
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 MANBE 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.
A-14 IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and
employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility
Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees,
and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs
work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied
with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to
violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by
Vendor.
A-15 HOUSE BILL 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the
City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written
verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The
terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that
Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract.
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) Page 2 of 27
CFW PMD w Code Compliance: Brennan Drop -Off Station March 2019
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-B 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, Owners Contingence Allowance forms, 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 one hard copy and two digital copies 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.
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) Page 3 of 27
CFW PMD — Code Compliance: Brennan Drop -Off Station March 2019
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 shalt 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 G704, which is to be prepared by the Architect
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.
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) Page 4 of 27
CFW PMD -- Code Compliance: Brennan Drop -Off Station March 2019
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 approved Submittals, 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 pay Prevailing Wage Hates. 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 31 r 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.
Postin of Wa e 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.
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) Page 5 of 27
CFW PMD — Code Compliance: Brennan Drop -Off Station March 2019
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 goad 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, ([ii)
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 [imitation 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.
❑-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.
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D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of
all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good
order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings,
marked to record all changes made during construction, shall be delivered to the Architect 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, three 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 checked 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: The Contractor shall forward a[[ 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.
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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 (lie City's
availability and disparity study findings and recommendations. During this transition period, interested Offerors must obtain a MBE
listing from the MNVBE Office. This will ensure that MBE listings reflect gojy those currently certified by the North Central Texas
Regional Certification Agency (NCTRCA) located in the six (6)-countu 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 encoura ed 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 most 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.
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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 M/WBE Office and the designated representative identified from within the Facilities
Management Division. 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 MNVBE 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/WBE 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 MNVBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if,
during the torm 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
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 MNVBE Office documentation of compliance with (a) and (b) above.
5. Any reason found to be acceptable by the MNVBE Office in its sole discretion.
Within ten days after final payment from the City the Contractor shall provide the MNVBE Office with documentation to reflect final
participation of each subcontractor and supplier, including non -MBEs, used on the project.
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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.
E-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
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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 after 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 ne li ence o
gofficers r
alleged negligence of Owner, its ocers, servants, or employees. Contractor likewise covenants and agrees to indemnify
and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any
damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of
this Contract, whether or not any such injury or damage is caused in whole or in part by the ne fl ence or allege
negligence of Owner, its officers, servants orem Ip ogees.
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 F-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.
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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 $26,000. The Contractor agrees, on the
submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in
the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as
amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the
said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City
Council of the City of Fort Worth.
Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both
the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal
statutes.
To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptable
Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance
and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus.
Such a surety must reinsure 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
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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 shall be maintained between parallel lines
and/or adjacent wall, floor or ceiling surfaces.
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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 weod 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 indicated, 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 out without written consent from the Architect.
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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'/" x 11", except pull out sheets may be neatly folded to 8 t/ "x 11". Manuals shall be bound
in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain:
1) Name, address and trade of all sub -contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local
representative, for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical
panels, service entrance equipment and light fixtures.
4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other
materials.
Submit two digital electronic copies and one hard copy of Maintenance Manuals, prior to request for final payment.
Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and
Specifications. This requirement shall be scheduled just prior to and during the initial start-up. After all systems are functioning
properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each
item.
G-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, deterioration and loss, including theft (and
resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize
unnecessary long-term storage at project site prior to installation.
G-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.
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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 Owner, 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, and the day after Thanksgiving, Christmas Day, Memorial Day and Martin
Luther King Jr. Day.
H-2 PROGRESS AND COMPLETION: Ali 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 CONSTRUCTION WORK: Noise created by construction work within three hundred (300) feet of an occupied residential
structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as
follows:
Before 7:00 a.m. or after 8:00 p.m. Monday -Friday
Before 9:00 a.m. or after 8:00 p.m. Saturday -Sunday
HA 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 weather table provided as WT-1 in these Contract Documents shall
be used as the basis for providing a fair and equitable adjustment of the contract time.
All claims for extension of time shall be made in writing to the 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-5 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
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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 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 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 AlA Document G702, "Application and Certificate for Payment", and
attached thereto AIA Document G703, "Continuation Sheet', to indicate the progress made to date and the period or month for
which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule
must be attached before the pay request can be accepted.
1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the 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 Owner. 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 Substantial
Completion. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until Substantial Completion.
No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the
Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of
liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any
defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the
date of final acceptance of the Work unless a longer period is specified.
1-5 PAYMENTS WITHHELD: The 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;
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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.
I-6 LIQUIDATED DAMAGES: The deduption for liquidated damages shall be as follows:
Amount of Contract
$15,000 or less
$15,001 to $25,000
$25,001 to $50,000
$60,001 to $100,000
$100,000 to $500,000
$500,001 to $1,000,000
$1,000,001 to $2,000,000
$2,000,001 to $5,000,000
$5,000,001 to $10,000,000
Over $10,000,000
Liquidated Damages per Day
$45
$63
$105
$154
$210
$315
$420
$630
$840
$980
1-7 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 Contractors 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.
1-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet
all provisions for Project Closeout.
When the Contractor determines that the Work is substantially complete, the City shall inspect the project with the Contractor and
the contractor will 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 Substantial 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 30 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 (G706) stating that all payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been
paid or otherwise satisfied,
2) Consent of Surety to Final Payment (G707), if any, to final payment,
3) Contractor's Affidavit of Release of Liens (G706A), and,
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.
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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..
1-9 FINAL PAYMENT FOR UN -BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and
until all requirements have been met, with the exception of Consent of Surety for Final Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work. The Contractor shall designate a responsible member
of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the 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
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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 trenchsafety measures for all trenches
over 6 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, TV1iCC-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:
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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 t9-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.
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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: $1,0,00,000 per occurrence; $2,000,000 aggregate limit. The coverage shah 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 andfor 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 andfor insurers for the Contractor's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the
State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable.to the City of Fort Worth insofar
as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a
rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less
favorable rate may be accepted by the City.
4) Deductible limits on insurance policies and/or self -insured retentions exceeding $10,000 require approval of the City of Fort
Worth as respects this Contract.
5) The City of Fort Worth shali 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 FortWorth.
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 andfor 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
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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.
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°/a .
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 JlQn.
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.
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SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, 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 prescribed by law or by
the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to
do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically
and not generally. The Owner shall give such notice promptly after discovery of the condition.
All such defective or non -conforming work under the preceding paragraphs shall be removed from the site where necessary and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
Defective or non -conforming work shall be completed in a timely manner. The Contractor shall respond andlor repair any work that
is deemed an emergency by the City within 24 hours. The Contractor shall respond and/or repair any other defective or non-
conforming work within three working 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 1, then the Contractor may after
the end of such period of 30 days and upon seven additional days' written notice to the Own or , 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, or 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, Regu€aUons 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
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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 termirated 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 allowability of all or any portion of such claim under this paragraph,
such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract.
SECTION O
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.
The Contractor may install their company sign and shall allow the Architect to install their company sign. No other signs will be
allowed.
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 flour 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 and 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.
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) Page 25 of 27
CFW PMD — Code Compliance: Brennan Drop -Off Station March 2019
P-5 WIRELESS CONNECTION. The Contractor shall provide and pay for wireless internet connection (WIFI) 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 Imes to the construction area for use of ail
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 an 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 fife 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
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) Page 26 of 27
CFW PMD -- Code Compliance: Brennan Drop -Off Station March 2019
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.
i a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38).
{ b. Wage mate 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.
General Conditions of the Contract for Construction Lump Sum Contract (March 2018) age 27 of 27
CFW PMD — Code Compliance: Brennan Drop -Off Station March 2019
CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT LUMP SUM
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
This agreement made and entered into this the 26th day of March A.D., 2019,
by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas,
organized and existing under and by virtue of a special charter adopted by the qualified voters within said
City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home
Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a
regular, meeting of the City Council of said City, hereinafter called OWNER, and Basecom, Inc_.
of the City of Fort Worth County of Tarrant , State of Texas, hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing even
date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
City of Fort Worth
Existing Drop -Off Station — Building Addition and Site Modifications: Brennan
2400 Brennan Ave.
Fort Worth, Texas
PMD2015-04
City Project No. 100192
That the work herein contemplated shall consist of furnishing as an independent contractor all labor,
tools, appliances and materials necessary for the construction and completion of said project in
accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the
City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and
made a part of this contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten
(10) days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by
the successful bidder hereto attached and made a part hereof. Payment will be made in monthly
installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice
from the Contractor.
The agreed upon total contract amount shall be 1 169 826.00
including the Base Proposal ($833,395.00), Owner's Contingency Allowance ($62,505.00), Alternate
Nos.1, 2 & 3 ($145,326.00), Alternate Owner's Contingency Allowance ($10,899.00), Digital Sign
($83,345.00), Post -Bid Proposal ($31,959.00), and Post -Bid Proposal Owner's Contingency Allowance
($2,397.00).
Insurance Requirements:
The Contractor shall not commence work under this contract until it has obtained all insurance
required under the Contract Documents, and the Owner has approved such insurance. The
Contractor shall be responsible for delivering to the Owner the sub -contractors' certificates of
insurance for approval. The Contractor shall indicate on its certificate of insurance included in the
documents for execution whether or not its insurance covers subcontractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
subcontractors.
a. WORKER'S COMPENSATION INSURANCE:
Instruction to Offerors (October 2017) Page 24 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
Statutory limits.
s Employer's liability:
s $100,000 disease each employee.
s $500,000 disease policy limit.
s $100,000 each accident.
b. COMMERCIAL GENERAL LIABILITY INSURANCE:
The Contractor shall procure and shall maintain during the life of this contract public
liability insurance coverage in the form of a Commercial General Liability insurance policy
to cover bodily injury, including death, and property damage at the following limits:
$1,000,000 each occurrence and $2,000,000 aggregate limit.
The insurance shall be provided on a project specific basis and shall be endorsed
accordingly.
The insurance shall include, but not be limited to, contingent liability for independent
contractors, XCU coverage, and contractual liability.
C. BUSINESS AUTOMOBILE LIABILITY:
o $1,000,000 each accident.
a The policy shall cover any auto used in the course of the project.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks associated with the
project and commensurate with the contractual obligations specified in the contract
documents.
e. EXCESS LIABILITY UMBRELLA:
$1,000,000 each occurrence; $2,000,000 aggregate limit.
This insurance shall provide excess coverage over each line of liability insurance
required herein. The policy shall follow the form(s) of the underlying policies.
f. SCOPE OF INSURANCE AND SPECIAL HAZARD:
The insurance required under the above paragraphs shall provide adequate protection for
the Contractor and its subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such operations be by the insured or
by anyone directly or indirectly employed by it, against any insurable hazards which may
be encountered in the performance of the Contract.
g. PROOF OF CARRIAGE OF INSURANCE:
The Contractor shall furnish the owner with satisfactory proof of coverage by insurance
required in these Contract Documents in the amounts and by insurance carriers
satisfactory to the Owner. The form to be used shall be the current Accord certificate of
insurance form or such other form as the Owner may in its sole discretion deem
acceptable. All insurance requirements made upon the Contractor shall apply to the sub-
contractors, should the Contractor's insurance not cover the subcontractor's work
operations performed in the course of this contracted project.
ADDITIONAL INSURANCE REQUIREMENTS:
a. The Owner, its officers, employees and servants shall be endorsed as an additional
insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
Instruction to Offerors (October 2017) Page 25 of 34
CFVV Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
b. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents, 200
Texas Street, Fort Worth, TX 76102, prior to commencement of work on the
contracted project.
C. Any failure on part of the Owner to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days
notice of cancellation, non -renewal, and/or material change in policy terms or
coverage. A ten days notice shall be acceptable in the event of non-payment of
premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A:VII or equivalent measure of financial strength and solvency.
Deductible limits, or self -funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage or risk
treatment measures through insurance pools or risk retention groups. The Owner
must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the Owner.
i. Owner shall not be responsible for the direct payment of insurance premium costs for
contractors insurance.
j. Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any self -funded or commercial coverage
maintained by Owner shall not be called upon to contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely manner, to Owner's
officially designated contract administrator any known loss occurrence which could
give rise to a liability claim or lawsuit or which could result in a property loss.
Contractor's liability shall not be limited to the specified amounts of insurance
required herein.
M. Upon the request of Owner, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of
the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and
Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth
Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived.
Separate permits will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General
Conditions, there shall be deducted from any monies due or which May thereaftbr become due him, the
liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the
Contractor and his Surety shall be liable to the Owner for such deficiency.
Instruction to Offerors (October 2017) Page 26 of 34
CF7N Code Compliance Department Existing Drop -Off Station: Brennan March 2019
IMMIGRATION NATIONALITY ACT.
City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing
employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and
employment eligibility of all employees who perform work under this Agreement. Vendor shall complete
the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment
eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-
9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no services will be
performed by any employee who is not legally eligible to perform such services, Vendor shall provide City
with a certification letter that it has complied with the verification requirements required by this Agreement.
Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall
have the right to immediately terminate this Agreement for violations of this provision by Vendor.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in four counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the I 4h day of 0'rP-1, J A.D., 2019.
7MInBy:
Oscar Oaxaca
President
APPROV RE LMIFUEiD;
By:
06 Roger e
lnt ri Di
Property Management Dept.
APPROVED AS TO FORM AND LEGALITY:
By:
John B. Strong
Assistant City Attorney
Contract Compliance Manager:
APPROVED:
CITY ORT WOR H "
Jesus J. Chapa
Assistant City Manager
R D E
BD1
M ry J. Kayser
City Secretary
M&C Reference No.: C-29078
M&C Date: March 26 2019
Form 1295 Cert No.: 2019-442612
By signing 1 acknowledge that I am the person responsible for the monitoring and administration of this
contract, including ensuring all performance and reporting requirements.
By: , iG� i[�C• s� _
Brian R. Glass, AIA OFFICIAL REECORD
Architectural Services Manager CITY SECRIETIA" RY
VT WORTH, TX
Instruction to Offerors (October 2017) Page 27 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
THE STATE OF TEXAS §
COUNTY OF TARRANT §
Bond # S919-2316
PAYMENT BOND
KNOW ALL BY THESE PRESENTS:
That we, Basecom Inc. known as "Principal' herein, and
Washington International Insurance Company I a corporate
surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether
one or more), are held and fitly bound unto the City of Fort Worth, a municipal corporation created
pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, --- One Million
One Hundred Sixty -Nine Thousand Eight Hundred Twenty_ -Six--- Dollars --- 1169 826.00 --
lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of
which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and
assigns, jointly and severally, firmly by these presents:
WHEREAS, Principal has entered into a certain written Contract with City, awarded the 26th
day of March , 2019, which Contract is hereby referred to and made a part hereof for all
purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as
defined by law, in the prosecution of the Work as provided for in said Contract and designated as
Existing Drop -Off Station — Building Addition and Site Modifications: Brennan located at 2400
Brennan Ave. , Fort Worth, Texas (PM])2015-04), Chy Project No. 100192.
NOW, THEREFORE, THE CONDITION OF TIES OBLIGATION is such that if Principal
shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the
Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this
obligation shall be and become null and void; otherwise to remain in full force and effect.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the
provisions of said statute.
Instruction to Offerors (October 2017) Page 28 of 34
CFW Code Compliance Department -- Existing Drop -Off Station: Brennan March 2019
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 9th day of October , 2019.
PRINCIPAL:
Basecom Inc.
ATTEST: BY:
Signature
Witness as to Principal
ATTEST:
(Surety) Secretary
Witness as to Surety
4A,)(Ae.A -_ �t'281"
Name and Title
Address: 722 Missouri A
Ft Worth, TX 76104
SURETY:
Steven Tucker, Attorney -in -Fact
Name and Title
Address: 685 John B. Sias Memorial Pkwy #215
Telephone Number: 817/336-8520
*Note: If signed by an officer of the Surety, there roust be on file a certified extract from the bylaws showing
that this person has authority to sign such obligation. If Surety's physical address is different from its mailing
address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded.
Instruction to Offerors (October 2017) Page 29 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
Bond # S919-2316
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, Basecom Inc. , known as "Principal" herein
and TWashington International Insurance C'nrnp=n , a corporate surety (sureties, if more
than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or
more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to
the laws of Texas, known as "City" herein, in the penal sum of, --- One Million One Hundred Si
Nine Thousand Eight Hundred Twent�Six - _,Dollars ( $1,169,826.00), lawful money of the United
States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and
severally, firmly by these presents.
WHEREAS, the Principal has entered into a certain written contract with the City awarded the
26L'day of March , 2019, which Contract is hereby referred to and made a part hereof for all
purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined
by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract
designated as Existing Drop -Off Station — Building Addition and Site Modifications: Brennan
located at 2400 Brennan Ave. , Fort Worth Texas NID2015-04), City Proiect No. 100192.
NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall
faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform
the Work, including Change Orders, under the Contract, according to the plans, specifications, and
contract documents therein referred to, and as well during any period of extension of the Contract that
may be granted on the part of the City, then this obligation shall be and become null and void, otherwise
to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant
County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the
provisions of said statue.
Instruction to Offerors (October 2017) page 30 of 34
CFW Code Compliance Department -- Existing Drop -Off Station: Brennan March 2019
IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this
instrument by duly authorized agents and officers on this the 9th day of October
ATTEST:
(Principal) Secretary
r'
With s as to Principal
Witness as to Surety
1-M7ii~ORPOYMN
Basecom Inc.
BY:
Signature
2019.
d !96 # D,a
Name and Title
Address: 722 Missouri Ave.
SURETY:
Washilit
M
Ft Worth, TX 76104
Insurance
Steven Tucker, Attorney -in -Fact
Name and Title
Address: 685 John B Sias Memorial Pkw)L#215
Ft Worth, TX 76134_
Telephone Number; 817/336-8520
*Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If Surety's physical address is different from its
mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded.
Instruction to Offerors (October 2017) Page 31 of 34
CFVV Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
SWISS RE CORPORATE SOLUTIONS
NORTH AMERICAN SPECIALTY INSURANCE COMPANY
WASHINGTON INTERNATIONAL INSURANCE COMPANY
WESTPORT INSURANCE CORPORATION GENERAL POWER OF ATTORNEY
KNOW ALL MEN BY THESE PRESENTS, THAT North American Specialty Insurance Company, a corporation duly organized and existing under
laws of the State of New Hampshire, and having its principal office in the City of Kansas City, Missouri and Washington International Insurance
Company a corporation organized and existing under the laws of the State of New Hampshire and having its principal office in the City of Kansas
City, Missouri, and Westport Insurance Corporation, organized under the laws of the State of Missouri, and having its principal office in the City of
Kansas City, Missouri does hereby make, constitute and appoint:
W. LAWRENCE BROWN, TRACY TUCKER, KEVIN J. DUNN, STEVEN TUCKER, AND ROBERTA H. ERB
JOJNTLY OR SEVERALLY
Its true and lawful Attomey(s)-in-Fact, to make, execute, seal and deliver, for and on its behalf and as its act and deed, bonds or other writings
obligatory in the nature of a bond on behalf of each of said Companies, as surety, on contracts of suretyship as are or may be required or permitted by
law, regulation, contract or otherwise, provided that no bond or undertaking or contract or suretyship executed under this authority shall exceed the
amount of: ONE HUNDRED TWENTY FIVE MILLION (S125,000,000.00) DOLLARS
This Power of Attorney is granted and is signed by facsimile under and by the authority of the following Resolutions adopted by the Boards of
Directors of North American Specialty Insurance Company and Washington International Insurance Company at meetings duly called and held
on March 24, 2000 and Westport Insurance Corporation by written consent of its Executive Committee dated July 18, 2011.
"RESOLVED, that any two of the President, any Senior Vice President, any Vice President, any Assistant Vice President,
the Secretary or any Assistant Secretary be, and each or any of them hereby is authorized to execute a Power of Attorney qualifying the attorney named
in the given Power of Attorney to execute on behalf of the Company bonds, undertakings and all contracts of surety, and that each or any of them
hereby is authorized to attest to the execution of any such Power of Attorney and to attach therein the seal of the Company; and it is
FURTHER RESOLVED, that the signature of such officers and the seal of the Company may be affixed to any such Power of Attorney or to any
certificate relating thereto by facsimile, and any such Power of Attorney or certificate bearing such facsimile signatures or facsimile seal shall be
binding upon the Company when so affixed and in the future with regard to any bond, undertaking or contract of surety to which it is attached."
By MIC-2".. .
Steven Anderson, Semor rt(. Presidcat of Washington, Irricrnatinoal Jmura.m Company
& Senior Vice President of North American Specialty Insurance Company
& Senior Vice President of Westport Insurance Corporation
By _
Mike A. Ito, Senior Vice President of Washington International Insurance Company
& senior Vice President of North American Specialty Insurance Company
& Senior Vim President of Westport Insurance Corporation
IN WITNESS WHEREOF, North American Specialty Insurance Company, Washington International Insurance Company and Westport
Insurance Corporation have caused their official seals to be hereunto affixed, and these presents to be signed by their authorized officers this
this 26 day of February , 20 19 .
North American Specialty Insurance Company
Washington International Insurance Company
State of Illinois Westport Insurance Corporation
County of Cook ss:
On this 26 day of February 2019 before me, a Notary Public personally appeared Steven P, Anderson , Senior Vice President of
Washington International Insurance Company and Senior Vice President of North American Specialty Insurance Company and Senior Vice President of
Westport Insurance Corporation and Michael A. Ito Senior Vice President of Washington International Insurance Company and Senior Vice President
of North American Specialty Insurance Company and Senior Vice President of Westport Insurance Corporation, personally known to me, who
being by me duly sworn, acknowledged that they signed the above Power of Attorney as officers of and acknowledged said instrument to be the
voluntary act and deed of their respective companies.
OFFiCK SEAL
Ni XENNY
Notary Pubiic - Sint" Illlnnis
y�iM4/2021 pi,e: M. Kenny, Notary Public '
I, Jeffrey Goldberg , the duly elected Vice President and Assistant Secretary of North American Specialty Insurance Company, Washington
International Insurance Company and Westport Insurance Corporation do hereby certify that the above and foregoing is a true and correct copy of a
Power of Attorney given by said North American Specialty Insurance Company, Washington International Insurance Company and Westport Insurance
Corporation which is still in full force and effect.
IN WITNESS WIIEREOF, I have set my hand and affixed the seals of the Companies this 9th day of October 20 19
Jeffrey Goldberg, Vice President & Assistant Secretary of Washington Inlemalional Insurance Company &
North American Specialty Insurance Company & Vice President & Assistant Secretary of Westport Insurance Corporation
North American Specialty Insurance Company
Washington International Insurance Company
Westport Insurance Corporation
CLAIMS INFORMATION
IMPQRTANT_ NOTICE ADVISO IMPORTANTE
In order to obtain information or make a complaint:
You may contact Jeffrey Goldberg, Vice President
— Claims at 1-800-338-0753
You may call Washington International Insurance
Company and/or North American Specialty Insurance
Company's and/or Westport Insurance Corporation
toll-f roe number for information or to make a
complaint at:
1-800-338-0753
You may also write to Washington International
Insurance Company and/or North American Specialty
Insurance Company and/or Westport Insurance
Corporation at the following address:
1450 American Lane
Suite 1 100
Schaumburg, IL 60173
PREMIUM OR CLAIM DISPUTES:
Should you have a dispute concerning your premium
or about a claim you should contact the Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation.
ATTACH THIS NOTICE TO YOUR POLICY:
This notice is for information only and does not
become a part or condition of the attached
document.
Para obtener informacion o para someter un queja:
Puede comunicarse con Jeffrey Goldberg, Vice
President — Claims, al 1-800-338-0753
Usted puede Ilamr al numero de telefono gratis de
Washington International Insurance Company and/or
North American Specialty Insurance Company's and/or
Westport Insurance Corporation para informacion o
para someter una queja al;
1-800-338-0753
Usted tambien puede escribir a Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation al:
1450 American Lane
Suite 1100
Schaumburg, IL 60173
DISPUTAS SOBRE PRIMAS O RECLAMOS:
Si tione una disputa concerniente a su prima o a un
reclamo, debe comunicarse con el Washington
International Insurance Company and/or North
American Specialty Insurance Company and/or
Westport Insurance Corporation.
UNA ESTE AVISO A SU POLIZA
Este aviso es solo para proposito de infromacion y no
se converte en parte o condicion del documento
adj u nto.
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides
worker's compensation insurance coverage for all of its employees employed on City Project, Existin
Drop -Off Station — Building Addition and Site Modifications: Brennan located at 2400 Brennan
Ave. Fort Worth Texas MD2015-04 City Project No. 100192.
Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will
provide to City its subcontractor's certificates of compliance with worker's compensation coverage.
CONTRACTOR:
q3ose xm In c
Company
By: 0J �m r .- xa-ce
(Please Print)
o uj- 1 6 -t, L_- t e W� __ Signature: I, y k -' -
Address
70 r'� Title:
City/State/Zip
Ok—es 1 cl nt-
(Please Print)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
BEFQ" ME, the undersigned authority, on this day personally appeared
known to me
to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that
he/she executed the same as the act and deed of _ t
for the purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this) bl, day of 0 rl , 2019.
.��ARY cos ADILENE ESOUEDA
i� Notary Public, State of Texas
=;r`• Q COMM Expires 48-22070
'�•.;�o" � nots_ry ID 13079
— E�
Notary Public in and for the State of Texas
instruction to Offerors (October 2017) Page 33 of 34
CFW Code Compliance Department — Existing Drop -Off Station: Brennan March 2019
4,---0„
1 CENTERLINE OF
' SIGN, LOGO &
f TEXT INFORMATION
ro ect Tftle
Architect:
Architect's Name
Contractor:
Contractor's Name
FUNDED BY
(List Bond Fond, etc.)
SCHEDULED COMPLETION DATE
YEAR
SIGN COLOR & FONT:
,
BACKGROUND - WHITE
BORDER - 5118"V 1DE, 3"RADIUS CORNERS, PMS 288 (BLUE)
TEXT - HELVETICA or ARIAL, PMS 288 (BLUE)
FORT WORTH LOGO COLORS & FONT:
FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD
LONGHORN LOGO - ITS 725 (BROWN)
i
PROJECT DESIGNATIONSIGN
Instruction to Offerors (October 2017) Page 34 of 34
CFW Code Compliance Department -- Existing drop -Off Station: Brennan March 2019
Soto, Vania Elizabeth
From:
Strong, JB
Sent:
Wednesday, November 13, 2019 10:36 AM
To:
Soto, Vania Elizabeth; McDonald, Vicki
Subject:
RE: Bonds to be added to CSC NO. 52792
Vania,
I'm good with the additions and would like a scan.
Thanks,
JB
John B. Strong (JB)
Assistant City Attorney
200 Texas St.
Fort Worth, TX 76102
L817} 392-7627
John. Strong@fortworthtexas.gov
City of Fort Worth Working together to build a strong community,
FOR Or H,
RECIPIENTS - PLEASE CONTACT ME PRIOR TO FORWARDING MESSAGES DESIGNATED AS
ATTORNEY -CLIENT COMMUNICATIONS.
This e-mail and any files transmitted with it are confidential and are intended solely for the use of the individual or entity
to which they are addressed. This communication may contain material protected by the attorney -client privilege. If you
are not the intended recipient or the person responsible for delivering the e-mail to the intended recipient, be advised that
you have received this e-mail in error and that any use, dissemination, forwarding, printing, or copying of this e-mail is
strictly prohibited. If you have received this e-mail in error, please immediately notify John B. Strong at the City of Fort
Worth City Attorney's Office (817) 392-7627.
From: Soto, Vania Elizabeth
Sent: Wednesday, November 13, 2019 9:56 AM
To: McDonald, Vicki <Vicki.McDonald@fortworthtexas.gov>
Cc: Strong, JB<John.Strong@fortworthtexas.gov>
Subject: Bonds to be added to CSC NO. 52792
Importance: High
I received your documents that you want added to the contract book but we cannot add items after they have been scanned
unless we have approval from Legal. So I am adding JB to the email to see if he is okay with these being added and
replacing what is already on file.
JB,
They are trying to add the Performance Bond, Payment Bond and a General Power of Attorney. Please let me know if you
need a scan of these documents.
Vania E. Soto
Administrative Assistant
City Secretary's Office
817-392-6090
Vania.Soto fortworthtexas. ov