HomeMy WebLinkAboutContract 38245 (2)CITY SECRETAtlY
CON TRACT NO . 3'3z_y 5
THE CITY OF FORT WORTH, TEXAS
Construction Contract for
Western Heritage Parking Garage
at Will Rogers Memorial Center
TPW2008-13
'
THIS CO PY IS FOR:
CONTRACTOR
CONTRACTOR'S BONDING C 'X CITY SECRETARY
SPONSORING DEPT
PROJECT MANAGER
TPW FILE COPY
MICHAEL J. MONCRIEF DALE A. FISSELER, PE
MAYOR CITY MANAGER
William A. V erkest, PE
Director, Transportation & Public Works Department
Kirk Slaughter
Director, Public Events Department
Event Facilities Fort Worth & The Projects Group
(Gideon Toal, Inc.)
W .G. Yates & Sons Construction Company _:.------,
February 2009
02 -23 -09 A0 9:0 2 IN
OFFICIAL RECORD
CITY SECRETARY
FT. OR ,TX
ORIGINAL
WESTERN HERITAGE
PARKING GARAGE
Project :
Project#:
WESTERN HERITAGE PARKING GARAGE
WILL ROGERS MEMORIAL CENTER
FORT WORTH
TPW Project#: TPW2008-13
Bid Date: NOVEMBER 6, 2008
Advertised: OCTOBER 2 & 9, 2008
TRANSPORTATION AND PUBLIC WORKS
ARCHITECTURAL SERVICES
BID TABULATION
Tabulated by : VICKI MCDONALD
Eng. Estimate : $
Addendums : 9
2
20 ,000,000.00
3 4 5
W.G . Yates & Sons
Construction Company
Austin Commercial , LP. SEDALCO, LP. Balfour Beatty Imperial Construction ,
DESCRIPTION
BASE BID $
Off-Site Improvement Costs: $
ALTERNATES
Alternate No. 1 $
Alternate No. 3 $
Alternate No. 4 $
Alternate No. 5 $
TOTAL OF ALTERNATES : $
ADDENDUM'S :
CALENDAR DAYS :
4319 Camp Bowie , Ste B
Fort Worth , TX 76107
817-377-1143
972-870-1076 FAX
BID
3535 Travis Street , Ste . 300
Dallas , TX 75204
2 14-443-5700
214-443-5793 FAX
BID
16,650,000.00 $ 17,323,000.00 $
150,000 .00 $ 185,000 .00 $
(480 ,000 .00) $ (435 ,000 .00) $
(17,000.00 ) $ (7,000 .00 ) $
14,000.00 $ 32 ,000 .00 $
39,000 .00 $ 56,000.00 $
(444,000.00) $ (354,000 .00) $
9 9
280 295
Construction, LLC Ltd .
2554 East Long Avenue 420 S. Ballinger Street 193 Coy Road
Fort Worth, TX 76137 Fort Worth, TX 76104 Weatherford , TX 76087
817-831-2245 817 -339-8800 817-341-8886
817-831 -2248 FAX 817-339-8835 FAX 817-341-0191 FAX
BID BID BID
17,799,000.0 0 $ 18,600,000.00 $ 19,985,000.00
389 ,000.00 $ 371,076.00 $ 324,567.00
(350 ,000 .00 ) $ (498,535 .00 ) $ (413,000 .00)
(4 ,000.00) $ (6,836 .00 ) $
13,000.00 $ 22,835.00 $ 30,500.00
30,000 .00 $ 58 ,732 .00 $ 49,000 .00
(311 ,000 .00) $ (423 ,804.00) $ (333,500.00)
9 9 9
295 290 295
6
Thos. S. Byrne, Ltd.
3100 W 7th Street, Ste 200
Fort Worth, TX 76107
817-335-3394
817-877-5507 FAX
BID
$ 21 ,400,000 .00
$ 272 ,000 .00
$ (400 ,000 .00)
$ 10,430 .00
$ 32,319.00
$ 20 ,790 .00
$ (336,461.00)
9
295
fORTWORTH
~
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO . 9
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: NOVEMBER 6, 2008 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. Request for Information (Attachment 1)
Acknowledge the receipt of this Addendum No . 9 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AJA
Architectural Services Manager
817-392-8088 , FAX 817 -392-8488
RELEASE DATE : November 5, 2008
Construct Western Heritage Park ing Garage at WRMC
Addendum No . 9 , November5,2008
Page 1 of 1
FORT WORTH
~
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO . 8
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: NOVEMBER 6, 2008 (NO CHANGE)
The Request for Proposals for the above p roject is hereby revised and amended as follows :
1. Request for Information (Attachment 1)
Acknowledge the receipt of th is Addendum No. 8 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Arch itectural Services Manager
817-392 -8088 , FAX 817-392-8488
RELEASE DATE: October 31 , 2008
Construct Western Heritage Parking Garage at WRMC
Addendum No . 8 , October 31 , 2008
Page 1 of 1
FORT WORTH
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 7
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: NOVEMBER 6, 2008 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. On the Proposal Form , delete Alternates No. 2 (form liner) and No. 6 (mock-up panel).
2 . You must submit the unit prices listed In Section 01270 with your Proposal Form . Offerors can
use their format for the un it prices .
3. Specifications (Attachment 1)
3. Request for Information (Attachment 2)
Acknowledge the receipt of this Addendum No. 7 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Architectural Services Manager
817-392-8088 , FAX 817-392-8488
RELEASE DATE : October 29 , 2008
Construct Western Heritage Parking Garage at WRMC
Addendum No . 7 , October 29 , 2008
Page 1 of 1
f ORT WORTH
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 6
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date : NOVEMBER 6, 2008 (CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. The Request for Proposals Subm ittal Date has bee n changed to November 6, 2008.
2 . Drawings (Attachment 1)
3 . Specifications (Attachment 2) includes the total geotechnical report.
4 . Request for Informat ion (Attachment 3)
Acknowledge the receipt of this Addendum No. 6 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Architectural Services Manager
817-392-8088 , FAX 817 -392-8488
RELEASE DATE: October 27 , 2008
Construct Western Heritage Pa rk ing Garage at WRMC
Addendum No . 6 , October 27 , 2008
Page 1 of 1
f ORT WOR._TI{ ,,,.,
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 5
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: October 30, 2008 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. The Proposal Form (three pages) has been replaced (Attachment 1 ). This is the only Proposal
form to be submitted for this project and includes Off-Site Improvement costs in the base bid proposal
plus s ix alternates .
2 . Drawings (Attachment 2)
3 . Request for Information (Attachment 3)
Acknowledge the receipt of th is Addendum No. 5 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Arch itectural Services Manager
817-392-8088 , FAX 817-392-8488
RELEASE DATE : October 22 , 2008
Construct Western Heritage Parking Garage at WRMC
Addendum No . 5 , October 22 , 2008
Page 1 of 1
FORT WO RTH
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 4
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: October 30, 2008 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. The Proposal (three pages) has been replaced (Attachment 1 ). This is the only Proposal form to
be submitted for this project and includes Off-Site Improvement costs in the base bid proposal plus
five alternates .
2 . Refer to Section 01230 -Alternates in Addendum No . 4 (Attachment 2).
3. The Best Value Offerer selected for the Western Heritage Parking Garage contract will provide a
two-year Maintenance Bond for the Off-Site improvement work . In the Off-Site Improvement
Specifications , change the bid date to October 30 , 2008 .
4 . In the Off-Site Improvement Specifications in the Specifications folder, Notice to Bidders , Fort
Worth M/WBE Policy Documents , and Vendor's Compliance with State Law documents in Section A
have been deleted . Submit the Unit Price List (pages B-2 through B-10) with the Post Bid submittals .
5 . In the Off-Site Improvement Specifications in the Specifications folder, the Performance Bond ,
Contract, and Conflict of Interest Questionnaire documents in Section D have been deleted from the
Off-site Improvement Specifications only . The two-year Maintenance Bond in this section will be
used .
6 . Drawings (Attachment 3).
7 . Specifications (Attachment No . 4)
8 . Request for Information (Attachment No . 5)
Acknowledge the receipt of this Addendum No. 4 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Architectural Services Manager
817-392-8088 , FAX 817-392-8488
RELEASE DATE : October 21 , 2008
Construct Western Heritage Parking Garage at WRMC
Addendum No . 4 , October 21 , 2008
Page 1 of 1
FORT WORTH
~
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO . 3
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: October 30, 2008 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
The Pre-Submittal Conference was held at 3:30 PM , October 16 , 2008 at the Silver Spur Room in the
Amon Carter Exhibits Building at the Will Rogers Memorial Center, Fort Worth . Attached is the list of
the attendees (Attachment 1 ). Addendum No . 4 should be posted late Monday , October 20 , 2008 .
Acknowledge the receipt of this Addendum No . 3 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Architectural Services Manager
817-392-8088 , FAX 817-392-8488
RELEASE DATE : October 17, 2008
Construct Western Heritage Park ing Garage at WRMC
Addendum No . 3, October 17, 2008
Page 1 of 1
FORT WOR TH
~
CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO . 2
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: October 30, 2008 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. In Paragraph 1 of the Instructions to Offerers , delete sentence 7 ("Include cashier's check ..... for
both fire stations .") and replace the sentence with , "Include cashier's check or an acceptable bidde r'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 ."
2 . In Paragraph 1A of the Instructions to Offerers , delete the first sentence ("The Best Value
selection ..... each station, at the City's option .").
3. The Proposal (three pages) has been replaced (See Attachment 1 ). A line item identifying the
Off-Site Improvements costs have been included . This is the only Proposal form to be submitted for
this project and includes Off-S ite Improvement costs in the base bid proposal.
4 . Drawings (Attachment No . 2)
5 . Specifications (Attachment No . 3)
6 . Off-Site Improvement Specifications (Attachment No . 4 )
Acknowledge the receipt of this Addendum No. 2 on your Proposa l.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Architectural Services Manager
817 -392-8088 , FAX 817 -392-8488
RELEASE DATE : October 13 , 2008
Construct Western Heritage Parking Garage at WRMC
Addendum No . 2 , October 13 , 2008
Page 1 of 1
FORT WORTH
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CITY OF FORT WORTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
ADDENDUM NO. 1
CONSTRUCT WESTERN HERITAGE PARKING GARAGE
AT WILL ROGERS MEMORIAL CENTER
Request for Proposals Submittal Date: October 30, 2008 (NO CHANGE)
The Request for Proposals for the above project is hereby revised and amended as follows :
1. The "M" and "E" and "PA" drawing sheets (19 sheets) that were not included in the
initial advertisement plus a revised Index Sheet are in the Drawings folder of Addendum No. 1
(Attachment 1 ).
Acknowledge the receipt of this Addendum No . 1 on your Proposal.
GREG SIMMONS , PE
ACTING DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT
By : ----------
Dalton Murayama , AIA
Architectural Services Manager
817-392-8088 , FAX 817-392-8488
RELEASE DATE: October 7 , 2008
Construct Western Heritage Parking Garage at WRMC
Addendum No. 1, October 7 , 2008
Page 1 of 1
NOTICE TO OFFERORS
Proposals for the new construction of the Western Heritage Parking Garage at Will Rogers Memorial
Center located at 1401 Montgomery Street , Fort Worth will be received at the Purchasing Office , City of
Fort Worth, 1000 Throckmorton , Fort Worth, 76107, until 1 :30 P.M., Thursday, October 30, 2008, and
will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers .
After evaluating the Proposals submitted, the City shall select the Offerer that offers the Best Value to the
City and enter into negotiations with that Offerer. The City may discuss with the selected Offerer options
for a scope or time modification and any price change associated with such modification .
A Pre-Bid Conference will be held at 3:30 P.M., Thursday, October 16, 2008 at the Silver Spur Room in
the Amon Carter Exhibits Building at the Will Rogers Memorial Center, Fort Worth .
The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $20 ,000 ,000
range . There is a Deductive Alternate No .1 for the parking garage light fixtures. The deduction for
liquidated damages for this project shall be $7,500.00 per day .
Note that with a Notice to Proceed to construction on January 26, 2009, the construction must
start no earlier than February 9, 2009 and must be substantially completed to obtain at least a
temporary Certificate of Occupancy by December 1, 2009 or sooner. Refer to the evaluation
matrix for the selection of the Best Value Offeror in the Instructions to Offerors.
MWBE participation will be evaluated in awarding this Contract. The MWBE participation requirement is
27%. Offerers must submit Utilization Plan within 5 business days of submitting their Best Value
Proposal. Failure to document proposed attainment will remove the Proposal from further cons ideration .
Contact the M/WBE Office at (817) 392-6104 to obtain list of certified subcontractors and suppliers .
Offerers must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made
will be required to provide Payment and Performance Bonds and provide Contractors General Liability
and Statutory Workers Compensation Coverage.
If you intend to submit a proposal, inform the Project Manager or Architect who can then inform
interested subcontractors.
General Contractors and Suppliers may make copies of the Instructions to Offerers , General Conditions ,
Drawings, and Specifications through their printer. The bid documents may be viewed and printed on-line .
Bid documents are not available at the City. The bid documents may be viewed and printed on-line by
logging on to https ://projectpoint.buzzsaw.com/fortworthgov with the user name "Cowtown ", password
"Cowtown2004", and click on "T/PW Projects". Contact the Project Manager, Alfonso Meza, at (817) 392-
8274 or Email Alfonso .Meza@fortworthgov.org for assistance .
For additional information contact Ronald Clements , AIA , Gideon Toal , Inc. (817) 335-4991 , or Email
rclements@gideontoal.com.
Advertisement: October 2 , 2008
October 9 , 2008
WRMC W estem Heritage Parking Garage
Octo ber 2008
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NOTICE TO OFFERORS
TABLE OF CONTENTS
INSTRUCTIONS TO OFFERORS
PROPOSAL
TABLE OF CONTENTS
TEXAS SALES AND USE TAX EXEMPT ION CERTIFICATE
WAGES RATES
WEATHER TABLE
CONSTRUCTION CONTRACT
PAYMENT BOND
PERFORMANCE BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW
PROJECT SIGN
WRMC Western He ritage P arking Garage
October 2008
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INSTRUCTIONS TO OFFERORS
1. PROPOSAL REQUIREMENTS : The following requirements shall be used in the preparation of
the response to this Request for Sealed Proposals :
• Use the Proposal Form provided below .
• Entries on the Proposal Form may be handwritten or typed.
• Write in contract duration if not specified .
• Acknowledge all addenda on the Proposal Form .
•
•
1A.
Have a Principal sign the Proposal. If the Offerer is a corporation, the president or a vice-
president must sign the Proposal. If the Offerer is a partnership , then the person/entity who is the
managing/general partner must sign the proposal.
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 (5% of the total of both fire stations if the Offerer is submitting proposals for both fire
stations).
In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority
from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law ; or (2) have obtained reinsurance for any liability in excess of
$100 ,000 from a re insurer that is authorized and admitted as a reinsurer in the state of Texas and
is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify
as a surety on obligations permitted or required under federal law . Satisfactory proof of any such
reinsurance shall be provided to the City upon request. The City , in its sole discretion , will
determine the adequacy of the proof required herein.
SELECTION OF CONTRACTOR:
The Best Value selection will be with one contractor for both fire stations or one contractor for
each station , at the City 's option .
The City shall select the Offerer that offers the best value based upon the following criteria and
on its ranking evaluation .
In determining the Best Value Offerer, the City will consider:
1. Proposed price (50)
2. Proposed level of MWBE participation (10%)
3. Proposed project schedule (20%)
4 . Reputation/experience of the Offerer as demonstrated by past project work and the report of
references (10%)
5. Offerer's past relationship with the City. (10%)
**NOTE**: If the Offerer does not have previous work experience with the City , then the reputation
evaluation criterion will represent 20% of the overall score
WRMC W estem Heritage Parking Garage
October 2008
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2 .
After ranking the responses to the RFP , the C ity shall first attempt to negotiate a contract w ith the
selected Offerer. The C ity and its architect may discuss w ith the selected Offerer opt ions 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 Offerer, the City shall , formally and in
writ ing , end negotiations with that Offerer and proceed to the next Offerer in the order of the
selection ranking until a contract is reached or all proposals are rejected .
MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL)
A ll Offere rs shall note that it is the policy of the City of Fort Worth to ensure the full and equ itable
participation of M inority and Women Busi ness Enterprises (M/WBE) in the procurement of
seNices with a fee of $25 ,000 or more by establishing an M/WBE goal.
Within five (5) City business days from proposal submittal date , exclusive of the proposal
submittal date, all Offerers will be requ ired to submit information concerning the M/WBE(s) that
w ill participate in the contract. The M/WBE goal is 27%. The information shall include: (1) the
name , add ress and telephone number of each M/WBE and non -M/WBE ; (2) the description of the
work to be performed by each M/WBE and non -M/WBE ; and (3) the approximate dollar
amounUpercentage of the partic ipation for each M/WBE and non-M/WBE .
The M/WBE firm(s) must be located or doing business in the City 's geographic market area that
include the follow ing nine (9) counties : Tarrant , Parker, Johnson , Collin , Dallas , Denton , Ellis ,
Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being
certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas
Department of Transportation (TXDOT}, Highway Division prior to recommendation for award
being made by the City Council.
If you cannot meet the City 's M/WBE goal for this project , then a detailed explanation must be
submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation .
Contact the M/WBE Office at (817) 392-6104 to obta in list of certified subcontractors and
suppl iers .
Failure to submit the M/WBE partic ipation information or the detailed explanation of the Offerer's
Good and Honest Efforts to meet or exceed the stated M/WBE goal , may render the proposal
non-responsive . The plan will be part of the final weighted selection criteria .
3 . BID SECURITY: Cashie r's check or an acceptable bidder's bond payable to the City of Fort
Worth , i n an amount of five (5) per cent of the bid subm itted (See paragraph 1 above]. The Bid
Security must accompany the bid and is subject to forfeit in the event the successful bidder fails
to execute the contract documents with i n ten (10) days after the contract has been awarded . The
Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the
Bid Securit y will result in the proposal not being cons idered for this project. B idder's bond w ill be
returned if the City fails to award the contract within 90 calendar days of receipt of b ids, unless
the Bidder 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 bidder entering into a contract for the work will be required to g ive the C ity 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 he reunder shall meet
the requirements of Texas Government Code Section 2253 , as amended .
WRMC Wes tern Heritage Park in g Garage
Octo ber 2008
In order for a surety to be acceptable to the City , the surety must (1 ) hold a certificate of authority
from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or
required under federal law ; or (2) have obtained reinsurance for any liability in excess of
$100 ,000 from a re insurer that is authorized and admitted as a reinsure r in the state of Texas and
is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify
as a surety on obl igat ions permitted or requ ired under federal law . Satisfactory proof of any such
reinsurance shall be provided to the City upon request. The City , in its sole d iscretion , will
determine the adequacy of the proof requi red here in.
No sureties w ill be accepted by the City that are at the time in default or de li nquent on any bonds
or which are interested in any litigation against the City . Should any surety on the cont ract be
determined unsat isfactory at any t ime 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 competed and accepted by the City .
If the contract is in excess of $25 ,000 , a Payment Bond shall be executed , in the amount of the
contract , solely for the protection of all claimants supplying labor and materials in the prosecution
of the work .
If the contract amount is in excess of $100 ,000 , a Performance Bond shall also be provided , in
the amount of the contract , conditioned on the faithful performance of the work in accordance
with the plans , specificat ion , and contract documents . Said bond shall be solely for the protect ion
of the City of Fort Worth.
5. PRE-BID SITE INVESTIGATION : Prior to filing a response , the bidder shall examine the site(s) of
the work and the details of the requirements set out in these specifications to satisfy itself as to
the conditions which will be encountered relating to the character , quality , and quantity of the
work to be performed and materials and equipment requ ired . The fi li ng of a response by the
bidder shall be cons idered evidence that it has complied with these requirements .
6 . AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposa l, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the
proposal.
7 . WAGE RATES : Not less than the prevailing wage rates set forth in Contract Documents must be
paid on this project.
8. POST BID -PREAWARD SUBMITTALS : Offerors are required to subm it the following
information to the Architectural Services Division , Fac ilities Management Group , 401 West 13th
Street , Fort Worth , Texas 76102 (phone number 817-392-8088), within five business days
subsequent to bid opening (normally by 5:00 PM the next Thursday follow ing a Thursday bid
opening) in orde r to assist City staff in determin ing the Contractor's capability of performi ng the
work and in meeting City contract requ irements :
Minority/Women 's Business Documentation (for bids in excess of $25 ,000)
Contractors Qual ificat ion Statement (AIA Form A305 )
Proposed Subcontractors and Suppliers
Project Schedule
Schedu le of Va lues or Div isions 1 through 16 Breakouts
Proof of insurab ility for Statutory Workers Compensat ion Insurance
WRMC Wes tern Heritage P arking Garage
O cto ber 200 8
9 .
10 .
PROPOSED SUBCONTRACTORS : Acceptance of the bid in no way requires the City to accept
the qualifications of the subcontractors . The Subcontractor lists are for use by the City in
preparing recommendations for award of the contract. The Contractor must provide and use
subcontractors listed unless the City agrees to allow a substitute .
DISCREPANCIES AND ADDENDA:
Should a Offerer find any discrepancies in the drawings and spec ificat ions , or should it be in
doubt as to their meaning , it shall not ify the City at once . If req uired , the City will then prepare a
written addendum that will be available to all Offerers at the Plans Desk or place designated for
distribution of Bid Documents by the Notice to Offerers . The Contractor is responsible for
determ ining if addenda are available and for securing copies pr ior to submitting a response to
this request fo r sealed bids . Oral instructions or decis ions unless confirmed by written addenda
will not be considered valid , legal or binding . No extras w ill be authorized because of failure of
the contractor to include work called for in the addenda .
Offerer must acknowledge addenda in the Proposal. Failure to acknowledge addenda may
cause the Proposal to be ruled non-responsive. It is the Contractor's respons ibility to obtain
Addenda and include its information in the Proposa l.
11 . WORKERS COMPENSATION INSURANCE: Offerers 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 Compensat ion 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 requ ired for each work location .
14. UTILITIES AND IMPACT FEES : The City w ill pay water and sewer utilities tap fees and impact
fees . Unless shown otherwise , the City w ill coordinate and pay for water and sewer taps and
meters to the property line . The Contractor will include all rema ining fees from the electrical and
gas companies in the base bid . The Contractor will be respons ible for coordinating with City and
utility companies for installation of utilities . Unless indicated otherwise on the plans , the
contractor will be responsible for costs and installations from the building side of the water meter
and sewer tap .
15 . BID DOCUMENTS : Hard cop ies of bidding documents may be obtained directly from printers or
downloaded and printed by the Offerer.
16 . MANUFACTURER'S REFERENCE : Catalog , brand names , and manufacturer's references are
descriptive , not restrictive . Use of brands of like nature and quality will be considered . Upon
request of the arch itect or contractor, the contractor will submit a full sized sample and/or detailed
information as required to allow the architect to dete rmine the acceptab ility of proposed
subst itutions . Where equipment has been listed as "no substitute accepted ", the City will accept
no alternates to the specified equ ipment. Also refer to spec ificat ion sect ion 01630 Product
Options and Substitutions .
17 . TESTING SERVICES : The City shall provide for , independently of the contractor , the inspect ion
services , the testing of construction materials engineering , and the verification testing serv ices
necessary for the acceptance of the construct ion work .
WRMC W estem Heritage P arking Garage
Octo ber 2008
-
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 .
WRMC Wes tern Heritage Parking Garage
October 2008
TO : MR. DALE FISSELER , PE
CITY MANAGER
PROPOSAL
ATTN: PURCHASING OFFICE
CITY OF FORT WORTH, TEXAS
FOR: Western Heritage Parking Garage at Will Rogers Memorial Center
1401 Montgomery Street
Fort Worth, Texas
Project No . TPW2008-13
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 / ~ ~ ../.1N ~ p, //,~"~'
Base Bid $ l" 1 G,5 0 t ODO . ~
Off-Site Improvement Costs are$ l 5 0 I OC>O ~nd are Included in the Base Bid .
The Off-Site Unit Price List sheets must be submitted with the required Post-Bid Pre-
Award submittals . Refer to Attachment 4 in Addendum No . 2 .
/
Completion within ;) r O calendar days after date of Notice to Proceed . Start construction
no earlier than February 9, 2009 . NOTE: Proposals with more than 295 calendar days
will be considered non -responsive .
Alternate No . 1 (Provide Garage Light Fixtures Zumtobel ZSL 1 CHR2 in lieu of Garage
( Light Fixtures ELP 232 T8 DLS ; see Specificat ions Section 01230-Alternates)
ct~d"'c. t $ {':f Yo 1 c>QO )(to be completed within contract completion date)
Alternate No . 2 ( Provide cost pe r squ are foot to inst all Owner-fu rn ished form liners for plan t
precast architectu ral concrete) $ per square foo t (to be completed within
cont ract completion date) DELETE PER ADDENDUM #7
Alternate No . 3 (Delete recessed brick panels and provide stucco infill) $ 11 1 00 l.> (to
be completed within contract completion date)
Alternate No . 4 (Paint all interior surfaces of SE and SW atriums and NW light box)
$ IL.\ I O 00 (to be completed within contract completion date)
Alternate No . 5 (Provide fritted glass in SE , NE , and SW corners and NW corner glass to be
opaque frosted glass)$ 2>C\, O C>O (to be completed within contract completion
date)
WRMC Western Heritage Parking Garage
Addendum No . 5, October 22 , 2008
Alternate No . 6 (Provide mock-up panel for form liner precast surface)$ per mock-
up panel (to be completed within contract completion date) DELETE PER ADDENDUM #7
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. U Non-resident vendors in (give state), our principal
place of business, are required to be __ percent lower than resident
bidders by state law.
11f: Non-resident vendors in MS (give state), are not required
to underbid resident bidders .
B. U 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 cont ract and bonds are not executed within the
time set forth , as liquidated damages for delay and additional work caused thereby .
MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25 ,000)
I am aware that I must submit information to the Director, Transportation and Public Works ,
concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this
Proposal in order to be considered RESPONSIVE.
Respectfully submitted ,
W.G. Yates & Sons Construction Company
Company Name
WRMC Western Heritage Parking Garage
Addendum No . 5, October 22 , 2008
By :
Jr.
Printed Name of Principal
Vice President, Texas
Title
Address : 4319 Camp Bowie, Suite B
Street
Ft. Worth, TX
City
817-377-1143
Phone : -----------
Fax: 972 -870-1076
Email : dthompson@wgyates.com
Receipt is acknowledged of the following addenda :
Addendum ~ Addendum ~
Addendum No. 9---Addendum No.~
,;;--"")j
Addendum No . 3§) Addendurn-No. 9 : /
Addendum No.<9 Addendum No . 1 O: __ _
Addendum N~ Addendum No. 11 : __ _
Addendum No9--Addendum No .12 : __ _
W.G. Yates & Sons Construction Company
100 Decker Court, Suite 210
Irving, TX 75062
( Texas Division Office
W.G. Yates & Sons Construction Company
1 Gully Avenue
Philadelphia, Mississippi 39350
(Corporate Office)
WRMC Western Heritage Parking Garage
Addendum No . 5, October 22 , 2008
76107
Zip
s
CONSTRUCTION
DRILLED CONCRETE PIERS
DRILLED CONCREH PIERS
DRILLED CONCRETE PIER CASING
EXHIBIT 1
UNIT PRICING PER SECTION 01270
ADD $ :)Lf ·S O / L.F.
DEDUCT -1 I 0-o o / L.F
ADD
W.G. YATES & SONS CONSTRUCT I ON COM P ANY
100 Decker Court, Suite 210 • Irving, TX 75062 • PHONE (972) 870-1483 • FAX (972) 870-1076 • www.wgyates.com
s
CONSTRUCTION
Pier Unit prices submitted with Original Bid as instructed by Addendum #7,
Item No. 2 -Released October 29, 2008.
W.G YATES&. SONS CONSTRUCT I ON COMPANY
100 Decker Court, Suite 210 • Irving, TX 75062 • PHONE (972) 870-1483 • FAX (972) 870-1076 • www.wgyates.com
BID PROPOSAL
(This proposal must not be removed from this book of Contract Documents)
TO : Mr. Dale A. Fissler
City Manager
Fort Worth , Texas
FOR: PAVING, DRAINAGE AND WATER IMPROVEMENTS TO
SERVE WESTERN HERITAGE PARKING GARAGE
CITY PROJECT NO.
WATER PROJECT NO.
D.O.E.NO.
UNIT I -WATER IMPROVEMENTS
UNIT II -SANITARY SEWER IMPROVEMENTS (NOT USED)
UNIT Ill -DRAINAGE IMPROVEMENTS
UNIT IV -PAVING IMPROVEMENTS
Includes the furnishing of all materials (except as specified to be furnished by the City),
equipment, labor and incidental work for the installation of all improvements and
appurtenant work shown in the plans and specifications and as required to provide a
complete and serviceable project.
Pursuant to the foregoing "Notice to Bidders", the undersigned Bidder, having
thoroughly examined the Contract Documents, including plans, special contract
documents and General Contract Documents and General Specifications for Water
Department Projects, the General Specifications for Water Department Projects, and the
site of the project, understands the amoW1t of work to be done and the prevailing
conditions, does hereby propose to do all the work, furnish all labor, equipment and
materials (except as specified to be furnished by the City), necessary to fully complete all
work as provided in the Plans and Specifications, and subject to the inspection and
approval of the Engineering Department Director of the City of Fort Worth , Texas. Upon
acceptance of this proposal by the City Council, the bidder is bound to execute a contract
and furnish an approved Performance Bond, Payment Bond, Maintenance Bond as
approved by the City of Fort Worth for the performance and completion of said work .
Total quantities given in the bid proposal may not reflect actual quantities; rather they are
a representation of project quantities based upon a reasonable effort of design and
investigation. Said quantities are merely provided for the purpose of bidding upon and
awarding the contract.
Contractor proposed to do the work within the time stated and for the following sums:
B -1
Updated 05/16/2005
UNIT I: WATER IMPROVEMENTS
(Furnish and install, including all appurtenant work, complete in place, the following
items) (D-No. refers to related items in the Part D Special Conditions)
Item Approx. Unit Item Description Unit Price Total
No. Quantity "D" Item reference Amount
1. 52 LF Fire Service-6 inch PVC -Install
Fifty Nine
dollars
Fifty-Seven cents $ 59.57 $ 3 I 098 • 90
Ti n,:,;:ir i<'<=><=>t per unit
2. 1 EA 12 inch x 6 inch-Tapping Sleeve and
Valve -Install
Two Thousand Three Hundred
Eighty-Two dollars $2,382 .9~ $2,383.00.
Ninety-Eight cents
each per unit
3 . 52 LF Water Service-4 inch PVC -Install
Fifty One dollars
Sixty Tnree cents $ 51. 63 $2,685.qo
Linear Feet per unit
4. 1 EA Water Service-4 inch-Tap to 12 inch
Main -Install
Six Hundred
Thirty Five dollars $ 635.46 $ 635. oo.
Forty Six cents
each per unit
5. I EA 1 inch Domestic Meter Box
One Hundred
Ninety Eight dollars
Fifty Eight cents $ 198.58 $ 199.00
Each per unit
B-2
Updated 05/16/2005
6. 1 EA 1 Yz inch Irrigation Meter Box
One Hundred
Ninety Eight dollars
Fifty Eight cents $ 198. 5~ $ 199.00
each per uni1
7. 45 SY Asphalt Pavement Repair
Twenty Three dollars
Eight Three cents $ 23. 83 $_ 1,072 .00
Square Yards per uni1
8. 104 LF Service Line Inspection and Testing
Two dollars
Thirty Eight cents $ 2. 38 $248 .00_
Linear Feet per uni1
9. 104 LF Trench Safety
Four dollars
Seventy Seven cents $ ~?2___,_ $ 496.00
Linear FPPt per uni
TOTAL AMOUNT BID WATER IMPROVEMENTS $11,014 .00
B-3
Updated 05/16/2005
UNIT II: SANITARY SEWER IMPROVEMENTS (NOT USED)
(Furnish and install, including all appurtenant work, complete in place, the following
items)
B-4
Updated 05/16/2005
UNIT III: DRAINAGE IMPROVEMENTS
(Furnish and install, including all appurtenant work, complete in place, the following
items)
Item Approx Unit Item Description Unit Bid Amount
No. Quantity "D" Item reference Price Bid
1. 2 EA Adjust Open Back Curb Inlets to
Proposed Grade and Convert to Curb
Inlets
Two Hundred $ 238.30 $ 477.00
Thirty Eight dollars
Thirty Cents cents
p;:irh per unit
TOT AL AMOUNT BID STORM DRAIN $ 477.00
B-5
Updated 05/16/2005
UNIT IV: PAVING IMPROVEMENTS
(Furnish and install, including all appurtenant work, complete in place, the following
items)
Item Approx Unit Item Description Unit Bid Amount
No. Quantity "D" Item reference Price Bid
I. I LS Mobilization
One Thousand
Nine Hundred
Eight Five dollars
Eight Two cents $ 1,985. a.2 $ 1, 986. 0~
Lump Sum per uni
2. 1800 SY Unclassified Street Excavation
One
dollars
Forty TFiree cents $ _ 1. 43 $2,574. ?O
Square Yards per unit
3. 1 LS Right of Way Preparation
Two Thousand
Seven Hundred
Eighty dollars
Fifteen cents $ 2 ,780 .15 $ 2,780.PC
Lump Sum per unit -
4. 1 LS Storm Water Pollution Prevention
Plan Implementation
Six Hundred
Eleven dollars
Sixty Three cents $ 611. 63 $ 612.00
Lump Sum per unit
5 . 500 LF Construction Fence
One
dollars
Nineteen cents $ 1.19 $ 596. 00.
Linear Feet per unit
6. 1 LS Traffic Control
One Thousand
Sixteen
dollars
Seventy Four cents $ 1,016.74 $1,017.?0
Lump Sum per uni1
B-6
Updated 05/16/2005
7. 1410 SY 7 inch Reinforced Concrete
Pavement
Twenty Nine dollars
Seventy: Nine cent s $ 29 .79 $ 42 ,0 0 0.0 0
Sm1are Yards peruni1
8. 260 SY Concrete Pavement Repair
Thirty One
dollars Seveney Seven cents $ 31.77 $ 8,2 6 1.90
Square Yards per uni1
9. 1560 SY 8 inch Lime Stabilization Subgrade
@36 lbs/SY
One dollars $ 1.19 $ 1,859 .0 0
Nineteen cents
Square Yards per uni1
10. 28 TON Hydrated Lime@ 36 lbs/SY
One Hundred
Nineteen dollars
FifEeen cents $ 119 .15_ $3,336.~0
Ton per uni1
11. 990 LF Curb and Gutter - 7 inch with 18
inch Gutter
Eleven
'I'wel:ve dollars
cents $ 11.12. $11,0 09.90
Linear Feet per uni
12. 280 LF Sawcut and Connect to Existing
Pavement
Six 1,779.90 dollars $ 6. 35 $
Thirtz Five cents
Linear Feet per uni
13 . 5 EA Concrete Driveway
On e Thousand
Three Hundred
Nine t y dollars
Seven cents $ 1,390 .07 $ 6,9so.qo
Each per uni
B-7
Updated 05/16/2005
13 . 2 EA Adjust Existing Sanitary Sewer
Manholes to Proposed Grade
Two Hundred
Seventy Eight dollars $ 278.01 $ 556.00
One cents
Each per uni
15 . 1075 SY Sidewalk
Twenty Five dollars
Eignt Two cents $ 25. 82 $ 27 ,752.00
Sauare Yards peruni1
16 . 8 EA Barrier Free Ramps
Four Hundred
Seventy Six
dollars
Sixty cents $ 4 76.60 $ 3,813.qo
Each per uni
17 . 6 EA ADA Crossings at Driveways with
Truncated Dome Pavers
Three Hun d red
Ni net:t: Sev en dollars
s txt ~~n cents $397.16. $ 2 ,3 8 3 .0~
Each per uni1
18. I LS Pavement Markings
One Thousand
S i x Hundre d
Six t y Eight dollars
Ni n e -cents $ 1 ,668 .0 9 $ 1,668.00.
Lu mp Sum per uni1
19 . 1 LS Signage
Five Hundred
Ninety Five
dollars Seveney Five cents $ 595.7~ $ 596. 00 .
Lump Sum per uni1
20 . 1 LS Street Landscape
Two Thousand
Three Hundred
dollars
E1gnt Two cents $ 2 I 382 .. 98 $2,383.90
Lump Sum per uni1
B-8
Updated 05/16/2005
21. 175 LF 2 inch-Schedule 80 Irrigation
Conduit
Three dollars
Eighteen cents $ 3.18 $556.00.
Linear Feet per uni1
22. 300 LF 3 inch-Schedule 80 PVC Conduit for
Miscellaneous Use
Four dollars
Seventy Seven cents $ 4. 77 $ 1,430.QO
Linear Feet per uni
23. 1 EA Electrical Ground Box
One Hundred
Ninety Eight
dollars F'1:EEy E1gnE cents $ 198.58 $ 199. oo.
Each per uni1
24. 530 LF Conduit-Schedule 40, PVC 2 inch
Open Cut
Three dollars
Fifty Seven cents $ 3. 57 $ 1,894.00
LinP;=ir FPPt per unil
25. 350 LF Conduit-Schedule 80, PVC 2 inch
Open Cut
Five dollars
Sixteen cents $ 5 .16 $ 1,807 .. 0(
Linear Feet per uni1
26. 880 LF Electrical Wiring for Street Lights
Three dollars
Eighteen cents $ 3.18 $2,796.9c
Linear Feet per unit
27. 1 EA Electrical Riser with Meter Base
Two Hundred
Thirty Eight
dollars
Thirty cents $ 238.30 $ 238.00
F.;:irh per uni1
B-9
Updated 05/16/2005
28. 10 EA Antique Style Street Light Pole
Two Hundred
Thirty Eight
dollars
Thirty cents $ 238 .30 $2,383.QO
Each per uni1
29 . 10 EA Antique Style Street Light Pole
Foundation
Two Hundred
Seventy dollars
One cents $278 .01. $ 2 ,7 80 .00
Each per uni1
30 . 1 EA Relocate Antique Style Street Light
Pole and Fmmdation
Five Hundred dollars
Sixteen cents $ 516.3l $516.00 .
Each per uni1
TOT AL AMOUNT BID PAVEMENT IMPROVEMENTS
TOTAL AMOUNT BID UNIT I: WATER IMPROVEMENTS
TOTAL AMOUNT BID UNIT II : SEWER IMPROVEMENTS
TOTAL AMOUNT BID UNIT Ill : DRAINAGE IMPROVEMENTS
TOTAL AMOUNT BID UNIT IV : PAVEMENT IMPROV EM ENTS
CONSTRUCTION STAKING
GRAND TOTAL AMOUNT BID
B-10
$138,509.00
$11,014.00
$ NOTUSED
$ 477.00
$138,509.00
$ included
$ 150,000.00
Updated 05/16/2005
PART B --PROPOSAL (Cont.)
After acceptance of this Proposal, the undersigned will execute the formal contract and
will deliver an approved Surety Bond and such other bonds as required by the Contract
Documents, for the faithful performance of the Contract. The attached bid security, if
required is to become the property of the Developer.
The undersigned bidder certified that he has obtained at least one set of the General
Contract Documents and General Specifications for Water Department Projects dated
November I, 1987, and that he has read and thoroughly understands all the requirements
and conditions of those General Documents and the specific Contract Documents and
appm1enant plans.
The successful bidder shall be required to perform the work in accord with the
following publications, both of which are incorporated herein and made a part
hereof for all purposes:
1. The General Contract Documents and General Specifications for
Water Department Projects dated November 1, 1987, which may be
purchased from the Water Department.
2. The Standard Specifications for Street and Storm Drain Construction
which may be purchased from the Department of Transportation & Public
Works.
The undersigned assures that its employees and applicants for employment and those of
any labor organi7..ation, subcontractors, or employment agency in either fwnishing or
referring employee applicants to the undersigned are not discriminated against as
prohibited by the terms of City Ordinance No. 7278 as amended by City Ordinance No.
7400.
The Bidder agrees to begin construction within _ calendar days after issue of the work
order, and to complete the contract within _ working days after beginning construction
as set forth in the written work order to be furnished by the Owner.
(Complete A or B below, as applicable:)
__ A. The principal place of business of our company is in the State of Mississippi
Nonresident bidders in the State of , our principal
place of business, are required to be __ percent lower than resident bidders
by state law. A copy of the statute is attached.
Non resident bidders in the State of Mississippi , our principal
place of business, are not required to underbid resident bidders .
__ B . The principal place of business of our company or our parent company or
majority owner is in the State of Texas.
B-11
Updated 05/16/2005
VE NDOR. COMPLIANCE TO ST ATE LAW
The 1985 Session of The Texas Legislature passed House Bill 620 relative to the award of contracts to
nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident
bidders ( out-of-State contractors whose corporate offices or principal p lace of business are outside of the
State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount
lower than the lowest Texas resi dent bi dder by the same amount that a Texas resident bidder would be
requi red too underbid a nonresident bidder in order to obtain a comparable contract in the State in which
the nonresident's principal place of business is located . The appropriate blanks in Section A must be
filled out by all out-of-State or nonresident bidders in order for your bid to meet specifications. The
failure of out-of-state or nonresident contractors to do so will automatically disqua lify that b idder.
Resident bidders must check the box in Section B .
A. Nonresident vendors in (give State), our principal place of bus iness, arc required to be
____ percent lower than res ident bidders by State Law . A copy of the Statute is attached.
Nonres ident vendors in Mississippi (give State), our principal p lace of busi ness, are not
req uired to underbid resident bidders.
B. Our principal place of business or corporate offices are in the State of Texas. D
BIDDER :
Company
Yates & Sons ConstructionBy : L. Douglas Thompson ,__.Ir.
(Please prmt)
W G
4319 Camp Bowie, Suite B
Fort Worth, TX 76107 Title: Vice President, Texas
City State Zip
THIS FORM M UST BE RETURNED WITH YO UR QUOT ATION
TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE
Name of Purchaser, Firm or Agency: City of Fort Worth, Texas
Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton
City, State, Zip Code: .a...F=ort..=....;...W=o=rt::..:.h,_T'--'e=x=a ___ s __ 7 __ 6-'-'10=2.___ ________ _
Telephone : (817) 392-8360
I, the purchaser named above, claim an exemption from payment of sales and use
taxes for the purchase of taxable items described below or on the attached order or
invoice from :
All vendors
Description of the items to be purchased , or on the attached order or invoice :
All items except motor vehicles as listed below
Purchaser claims this exemption for the following reason :
Governmental Entity
I understand that I will be liable for payment of sales or use taxes which may become
due for failure to comply with the provisions of the state, city, and/or metropolitan transit
authority sales and use tax laws and comptroller rules regarding exempt purchases .
Liability for the tax will be determined by the price paid for the taxable items purchased
or the fair market rental value for the period of time used .
I understand that it is a misdemeanor to give an exemption certificate to the seller for
taxable items which I know, at the time of purchase . will be used in a manner other than
expressed in this certificate and that upon conviction I may be fined not more than $500
peroffense. \),,,.i/~
Purchaser: ~
Title : Purchasing Manager Date : February 1. 2007
Note: Th is certificate cannot be issued for the purchase, lease or rental of a motor
vehicle .
THIS CERTIFICATE DOES NOT REQUIRE A 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 .
Classification
AC Mechanic
AC Mechanic Helper
Acoustical Ceiling Mechanic
Bricklayer /Stone Mason
Bricklayer/Stone Mason Helper
Carpenter
Carpenter Helper
Concrete Finisher
Concrete Form Builder
Drywall Mechanic
Drywall Helper
2008 PREVAILING WAGE RATES
CONSTRUCTION INDUSTRY
Hrly Rate Classification
$21.69 Plumber
$12 .00 Plumber Helper
$15 .24 Reinforcing Steel Setter
$19 .12 Roofer
$10.10 Roofer Helper
$16 .23 Sheet Metal Worker
$11. 91 Sheet Metal Worker Helper
$13.49 Sprinkler System Installer
$13.12 Sprinkler System Installer Helper
$14.62 Steel Worker Structural
$10 .91 Concrete Pump
Crane, Clamsheel, Backhoe, Derrick , D'Line
Drywall Taper
Drywall Taper Helper
Electrician (Journeyman)
Electrician Helper
Electronic Technician
Electronic Technician Helper
Floor Layer (Resilient)
Floor Layer Helper
Glazier
Glazier Helper
Insulator
Insulator Helper
Laborer Common
Laborer Skilled
Lather
Painter
Pa i nter Helper
Pipefitter
Pipefitter Helper
Plasterer
Plasterer Helper
WRMC Western Heritage Parking Garage
October 2008
$13 .00 Shovel
$9.00 Forklift (
$20 .20 Front End Loader
$14.43 Truck Driver
$19 .86 Welder
$12.00 Welder Helper
$20.00
$13.00
$18.00
$13.00
$14. 78
$11.25
$10.27
$13 .18
$16.10
$14.83
$8.00
$18 .85
$12.83
$17.25
$12 .25
Hrly Rate
$20.43
$14. 90
$10.00
$14.00
$10.00
$16.96
$12.31
$18.00
$9.00
$17.43
$20 .50
$17.76
$12.63
$10 .50
$14.91
$16.06
$9.75
(1)
(2)
(3)
*
WEATHER TABLE
Month Average Inches
Days of of
Ra in Rainfa ll
January 7 1.80
February 7 2 .36
March 7 2 .54
April 8 4 .30
May 8 4.47
June 6 3 .05
July 5 1 .84
August 5 2 .26
September 7 3 .15
October 5 2.68
November 6 2 .03
December 6 1 .82
I ANNUALLY I 77 I 32 .30
Mean number of days rainfall , 0 .01" or more
Average normal precipitation , in i nches
Mean number of days 1.0 inch or more
Less than 0 .5 i nches
Snow/Ice
Pellets
1
*
*
0
0
0
0
0
0
0
*
*
I 1 I
This table is based on information reported from Dallas-Fort Worth Regional Airport , Texas .
Latitude 32 deg 54 min north , longitude 97 deg 02 min West , elevation (ground ) 551 ft .
Average number of days of rain , snow , and ice are based on records covering 27 years .
Precipitation is based on record of 1941-1970 period
This table is to be used as a basis for calculation of excess ra in or weather days for projects w ith
duration in calenda r days . If the s ite records ind icate that the Contractor was unable to carry out
operations due to weather, it is counted as a weather day. If the number of weather days
exceeds the numbe r of average ra in days plus the snow/ice-pellet days for a given month , the
contract period w ill be adjusted by Change Order.
WRMC W estem Heritage Parkin g Garage
Oct o ber 20 0 8
City of Fort Worth, Texas
Transportation Public Works Department
Facilities Management Group/Architectural Services Divis ion
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 , Propos al , General
Conditions , Special Conditions , Specifications , Plans , Bonds and all Addenda , Amendments signed by all parties, Change Orders,
written Interpretations and any written Fiel d 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 o f 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 , ma terials and equipment necessary to be used or incorporated
in order to produce the construction requ ired by Contract Documents .
A-4 EXECUTION OF THE CONTRACT DOCUMENTS : The Contract Documents shall be executed in six originals, with all
required attachments , including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contrac ts and
provide required enclosu res will be grounds for revocation of award and taking of Bid Bond .
A-5 FAMILIARITY WITH PROPOSED WORK : Before filing a Proposal , the bidder shall examine ca refully the , plans ,
specifications , special provisions, and the form of con tra ct to be entered into fo r the work contemp lated . He shall examine the site
of work and satisfy himself as to the conditions that will be encountered relating to the character , qual ity and quantity of wo rk to be
performed and materials to be furnished . The filing of a bid by the bidder shall be considered evidence that he has comp lied with
these requirements and has accepted the site as suitable for the work .
Claims for additional compensation due to variations between conditions actua lly 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 Con tra ct. The intention of the Contract Document s being to provide for all labor, supervision , materials , equipment and
other items ne cessary for the proper execution and completion of the Work . Words that have we II-recognized technical or trade
meanings are used herein in accordance with such recognized meanings .
A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles , or other
Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades .
A-8 INTERPRETATIONS : The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary
for the proper execution or progress of the work. Such lnterp relations shall be furnished at the instance of the Architect or at the
request of the Contra ctor , or Owner, and will be issued with reas onable promptness and at such times and in accordance with sue h
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 Cont ract Documents, the evaluation of work or materials performed o r
furnished by the Architect Contractor , or any subcontractor or materialsman, or involving any question of fault or liability of any party ,
the decision of the Owner shall be final and binding .
In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of
precedence : Change Orders and/or Fie ld Orders (by date of issuance); Addenda (by date of issuance); Drawings ; Notes and
dimensions on Drawings ; Technica l Specifications ; Special Provisions ; Supplementary General Conditions; General Co nditions;
and , Constru ction Contract.
A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS : The Architect will furnish to Contractor free of charge 15
sets of working Drawings and 15 sets of S pecifications . Contractor shall pay the co st 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 rema in the property of th e
Owner. They are not to be used on any other project and , with the exception of one Contract set for ea ch Party to the Contract , are
to be returned to the Owner on request at the comp letion of the work .
General Conditions for Facility Constru ction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
Page 1 of 26
A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBEl POLICY: The City of Fort Worth has goals for the
participation of. Minority and Women Business Enterprises (M/WBE) in City contracts . Compliance with the policies designed to
meet these goals is mandatory in order to be considered a respo nsive bidder . The City policy and procedures to be followed in
submitting bids is included .
The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other
federally funded Projects .
A-11 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 s ame 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 in eluded . Dimensions on drawings shall take
precedence over small-scale drawings. Drawings showing locations of equipment, piping , ductwork , electrical apparatus, etc ., a re
diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the
Architects approval.
A-12 AGE: In accordance with the policy ("Policy") of the Executiv e Branch of the federal government, Contractor covenants
that neither it nor any of its officers , members, agents , em ployees, program participants or subcontractors , while engaged in
performing this contract, shall, in connec lion with the employment, advancement or discharge of employees or in connection with
the terms , conditions or privi leges of their employment, discriminate against persons because of their age except on the basis of a
bona fide occupational qualification , retire ment plan or statutory requirement.
Co ntractor further covenants that neither ii nor its officers , members, agents , employees , subcontractors , program participants , or
persons acting on their behalf, shall specify, in solicitations or advertisements fo r employees to work on this contract, a max imu m
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 o r
allegations asserted by third parties ors ubcontractor 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 ' provi sion 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 . Contract or warran ts ii will fully comply with ADA provisions and any othe r
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 C ontractor's and/or its subcontractors' alleged
failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION : Where the term "Architect" is used in the "General Conditions of the Contract for
Construction", it shall refer to the Director , Transportati on and Public Works or his designated Building Construction Manager. The
Director, Transportation will designate a Project Manager and Build ing Constru ction Manager (BCM) to administer this contract and
perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be
designated to perform the duties of "Architect". The term "Cit y" and "Owner" are used interchangeably and refer to the City of Fort
Worth as represented by the Director of Transporta tion and Public Works or his designated representative .
B-2 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 th e 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 termin ation .
After termination as above, the City will pay th e Contractor a proportionate part of the contract price based on the work comp! eted ;
provided , however, that the amount of payment on termination s hall not exceed the total contract price as reduced by the portio n
thereof allocatable to the work not completed and further reduced by the amount of payments. if, any otherwise made . Contracto r
shall submit its claim for amounts due after termination as provi ded in this paragraph within 30 days after receipt of such cla im . In
the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this para graph ,
such dispute or controversy shall be resolved and be decided by I he City Council of the City of Fort Worth, and the decision by the
City Council of the City of Fort Worth shall be final and binding upon all parties to this contract.
General Conditions for Facility Construction Lu mp Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
B-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative .
Nothing conta ined in these Contract Documents shall create an y privily of Contract between the Architect and the Contractor .
B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER : The Building Co nstruction Manager will provide general
administration of the Contract on behalf of the Owner and will hav e authority to act as the representative of the Owner lo 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 Con tra ctor at all reasonable limes .
B-5 ACCESS TO JOB SITES : The Arch itect shall at all times have access to the Work whene ver it is in preparation and
progress . The Contractor shall provide facilities for such access so the Architect may perform its assigned fun ctions under th e
Contract Do cuments .
The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of th e work and to det ermine if
the work is proceeding in accordance with the Contract documents . On the basis of on-site observations, the Architect will kee p the
Owner informed of the progress of the Work and will endeavor to guard the Owner against defe cts and deficiencies in the Work of
the Contractor . Based upon such observations and the Contractor 's appli cations for payments , the Building Construction Manager
will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for
payment amounts .
B-6 INTERPRETATIONS : The Archite ct will be , in the first instan ce, 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 Do cum ents .
B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and
Specifications. In addition, whenever , in its reasonable opinion , the BCM considers it necessary or advisable in order to insure the
proper realization of the intent of the Pl ans and Specifications , the BCM will have authority to require the Contract or to stop the
Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated ,
installed or completed .
B-8 MISCELLANEOUS DUTIES OF ARCHITECT
Shop Drawings . The Architect will review Shop Drawings and Samples . Two copies of each approved Shop Drawing and submittal
will be provided to the Owner by the Architect. Three cop ies will be returned to the Contractor .
Change Orders . C hange Orders and Fie ld Orders for Minor Changes in the Work will be issued by the Owne r
Guarantees . The Owner will receive all written guarantees and relat ed documents required of the Contractor . Upon co mpletion of
the project the Con tra ctor shall provide the Owner five copies of each guarantee .
Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the
dates of substantial completion and final completion . The Ar chi te ct will conduct the final acceptance inspection and issue the
Certificate of Completion .
Operation and Maintenance Manuals The Owner will receive six cop ies of all applicable equipment installation , operation , and
maintenance brochures and manuals requ ired of the Co ntra ctor.
B-9 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 Archite ct through th e Director of the Department of Transportation and Public Works , or
shall appoint a successor Architect against whom the Contractor makes no reasonable objection .
SECTION C
OWNER
C-1 IDENTIFICATION : By the term Owner is meant the C ity of Fort Wort h acting herein by its duly authorized representatives
in the manner provided by law . Authorized representatives incl ude the City Manager, Assistant City Manager, the Director and o f
Transportation and Public Works Department and members of the Facilities Management Division . Generally speaking a
designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as
a point of contact for day-to-day contract administration. ·
C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the phy sical characteristics , legal limi ts and utility
lo cations for the site of the Work ; provided , however, that the Contractor hereby cov enants that he has inspected the premise,s and
familiarized himself therewith and that the locations of utilitie s and other obstacles to the prosecution of the Work as shown on the
Owner's survey are for information only , are not binding upon the Owner, and the Owner shall not in cur any liabili ty for loss o r
damage by virtue of any inacc uracies or defi ci encies in such su rveys . The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements . The Owner will cooper ate 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 contro l with reasonable promptness at
the request of the Contractor .
General Conditions for Fa c ility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (O ctobe r 2008)
C-3 INSTRUCTIONS : The Owner shall issue all instructions to the Contractor through the BCM .
C-4 ACCESS TO JOB SITE : The Owner shall at all times have access to the Work whenever it is in preparation and
progress . The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the
Contract Documents .
C-5 PROGRESS INSPEC TIONS : The Owner will make visits to the Site to famil iari ze themselves with the progress and
quality of the Work and to determine if the work is proceeding in acco rdan ce with the Co ntra ct docu ments . On the basis of on-s ite
observations and reports concerning the progress and quality of the work , the Owner will approve and authorize the Contractor's
applications for payments .
C-6 AU THORI TY TO STOP WORK : The Owner wi ll have authority to reflect work that does not con form to the P lans and
Specifications . Whenever , in its reasonable opinion , the Owner considers it necessary or advisable in order to in sure the prop er
rea lization of the intent of the Plans and Specifications , the Owner will have authority to require the Contractor to stop the work or
any portion thereo f, or to require the Contractor to stop the Work or any portion thereof, o r to require spe cial inspection or testing of
the Work whether or not such Work be then fabricated , insta ll ed or completed .
C-7 SUBSTANTIAL COMPLET ION INSPECTION : Upon agreement of the Contractor and Architect that the Work is
substantia lly complete , the Owner will schedule a Substantial Co mpletion Inspection to be conducted by the Architect and attend ed
by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete , defecti ve or
deficient shall be incorporated into a punch list and attached to the AIA document G704 , which is to be prepared and signed by the
Contractor, and acce pted , 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 Contra ctor
involving transactions rela ling to this contract.
Contractor further agrees to include in all his subcontracts hereund er a provision to the effect that the subcontractor agrees that the
City sha ll , unti l the expiration of three years after fina l payment under the subcontract, have access to and the right to exam ine any
directly pertinent books, documents, papers and records of su ch s ubcontra ctor, involving transactions to the sub contract. The I erm
"subcontract" as used herein includes purchase orders .
Contractor agrees to photocopy such do cuments as may be requested by the city. The ci ty agrees to reimburse Contractor for the
costs of copies at the rate published in the Texas Administrative Code .
SEC TION D
CON TRAC TOR
D-1 IDENTI FICATION: The Contractor is the person or organization idenlifi ed as such in the Contract. The term Contractor
means the Cont ractor or his authorized representative .
D-2 INDEPENDEN T CON T RACTOR : Contractor shall perform all work and services hereunder as an independent
contractor, not as agent, or employee of the City . Contractor shall have excl usive control of and the exclusive right to control the
details of the Work and services performed hereunder, and all per sons performing same, and Contractor shall be solely responsib le
for the acts of its officers , agents , and emp loyees . Nothi ng herein shall be construed as creating a partnership or joint en terprise
between City and the Contractor , its officers , agents and employ ees , and the doctrine of respondeat superior shall not apply.
D-3 SUBLETTING : It is further agreed that the performance of this Contra ct , either in whole or in part , shall not be sublet or
assigned to anyone else by said Contractor w ithout the w ritten c onsent of the Director of Transportation and Public Works of th e
City of Fort Worth .
D-4 REVIEW OF CON TRACT 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 Owne r and to the Archite ct any
error, inconsistency or omission he may discover. The Contractor shall do no wo rk without Drawings, Specifications and
Interpretations.
0 -5 SUPERVISION : The Contractor shall supervise and direct the Work, using his best skill and atte ntion . He shall be solely
responsible for all construction means, me !hods, safety, techniques , sequences and pr ocedures and for coordinating all portions of
the Work under the Contract Do cuments.
0 -6 LABOR AND MA TERIALS : Unless otherwise specifically noted , the Co ntractor shall provide and pay for all labor,
materials, equipment , tools, con stru ction equipment and machiner y, water, heat, utilities , transportation and other facilities and
services ne cessary for the proper ex eculion and co mpletion of the Work .
The successful low bidder will use its reasonable best efforts to hire lo cal laborers , workmen and materialmen . The genera l
condition is not to be constru cted as limili ng the right of any bidder to employee laborers, workmen or materialmen from outside
local area .
General Conditions for Fa cility Constru ction Lump Sum Con tract
WRMC Western Heritage Parking Garage (October 2008)
The Contra ctor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work
any unfit person or anyone not skilled in the task assigned to him .
D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Duty to pay Prevailing Wage Rates . The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code
(Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the
prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract do c uments .
Penalty for Violation . A contractor or any sub contractor who does not pay the prevailing wage shall , upon demand made by the
City , pay to the City $60 for each worker em ployed for each calendar day or part of the day that the worker is paid less than t he
prevailing wage rates stipulated in these contract documents . Th is penalty shall be retained by the City to offset its administ rative
costs , pursuant to Texas Government Code 2258 .023 .
Complaints of Violations and City Determination of Good Cause . On re ceipt 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 •• day after the date the City receives the inform ation , as to whether good cause ex ists to believe
that the violation occurred . The City shall notify in writing the contractor or subcontractor and any affe cted worker of its i nitial
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 affe cted worke r do
not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to para graph
(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 oft he 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 Contra ctor in the
construction of the Work provided for in this contract; and ( ii) the actual per diem wages paid to each worker . The records sh all be
open at all reasonable hours for inspe ction by the City . The provis ions of the Audit section of these contract documents shall pertain
to this inspection .
Pay Estimates . With ea ch partial payment estimate or payroll period , wh ichever is less , the Contra ctor shall submit an affidavit
stating that the Contractor has complied with the requirements of Chapter 2258 , Texas Government Code .
Posting of Wage Rates . The Contractor shall post the prevailing wage rates in a conspi cuous 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 subcontra ctors to
comply with paragraphs (a) through (g) above .
On proje cts where special wage rates apply (e .g . Davis-Bacon) the Contra ctor agrees to meet all requirements of such programs .
D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under
this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects , and in
conformance with the Contract Documents . All work not soc onforming to these standards may be considered defective . If required
by the Architect or the Owner, the Contra ctor shall furnish sa tisfactory evidence as to the kind and quality of materials and
equipment.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or
the Contract Documents.
D-9 TAXES: The Contractor is exempt from State Sales Tax on mate rial incorporated into the finished construction , Excise
and Use Tax .
D-10 LICENSES. NOTICES AND FEES: The Contractor shall obtain all Permits , Licenses , Certifi c ates , and lnspE)ctions ,
whethe r permanent or temporary , required by law or these Contra ct Do cuments .
The Contractor shall give all Notices and comply with all Laws, Ordinances, Rule s, Regulations and Orders of an y public authori ty
bearing on the performance of the Work . If the Contractor observes or be comes aware that any of the Contract Do cuments are at
variance therewith in any respect , he shall promptly notify t he Archite ct Owner in w riting and any necessary c hange s will be ma de . If
the Contractor performs any Work knowing that it is in violati on of, or contrary to , any of such Laws , Statutes , Charter , Ordin an ces,
Orders or Dire ctives , or Regulations without furnishing Notice to the Owner , the Contra ctor will assume full responsibility the ref ore
and bear all costs attributable thereto .
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Ga rage (O ctober 2008)
D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract
Documents . These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all
applicable taxes . The Contractor's handling costs on the site, I abor, installation costs , overhead , profit and other expenses
contemp lated 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 make s a reasonable objection . If the cost, when determined, is mo re
than or less than the allowance , the Contract Sum sha ll be adjus led accordingly by Change Order wh ich will include additional
handling costs on the site , labor, installation costs , field over head , profit and other direct expenses resulting to the Contractor from
any in crease over the original allowance .
D-12 SUPERINTENDENT : The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the
Owner. The superintendent shall represent the Contra ctor and a II communications given to the supe rintendent shall be binding as if
given to the Con tractor. Important communications will be confir med in writing . Other communications will be so confirmed on
wri tten request in each case .
D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS : The Contractor shall be responsible to the Owner
for the acts and omissions of all his employees and all Sub-contractors , thei r agents and employees , and all other persons
performing any of the Work under a contract with the Contractor.
D-14 FAILURE TO COMMENCE WORK : Should the Contractor fail to begin the Work herein provided for within the time
herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specific ations
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 t~e Work in such a manner as it may deem proper,
and if, in the completion thereof, the cost to the said City sha II exceed the contract price or pr ices set forth in the said pl ans and
specifications made a part hereof, the Contractor and/or its Surety sha ll pay said City on demand in writing , setting forth and
specifying an itemized statement of the total cost thereof, said excess cost.
D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the con tra ct , shall prepare and submit for
the Architect's approval , an estimated progress schedule for the Work . The progress schedule shall be related to the entire Project.
This schedule shall indicate the dates for the starting and comple !ion of the various states of construction and shall be revised as
required by the cond itions of the Work , subj eel to the Architect's approval. It shall al so indicate the dates for submission a nd
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 th e BCM at least monthly for approval along with the Contractor's
monthly progress payment requests .
D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE : The Contractor shall maintain at the site for the Owner one copy of
all Drawings , Specifications , Addenda , approved Shop Drawings, Change Orders , and other Changes and Amendments in good
order and marked to record all changes made during construction . These shall also be available to the Architect. The Drawings .
marked to record all changes made during cons !ruction , sha ll be delivered to the Owner upon completion of the Work . The Archit eel
will prepare , and provide to the Owner, one complete set of reproducible record drawings of the Work .
D-17 SHOP DRAWINGS AND SAMPLES : Shop Drawings are drawings , diagrams, illustrations , schedules , performance
charts , brochures and other data which are prepared by the Contra ctor or any Subcontractor , manufacturer, supplier or distribut o r,
and which illustrate some portion of the Work .
Samples are physical examples furnished by the Contractor to illu strate materials, equipment or workmanship , and to establish
standards by which the Work will be judged .
The Contractor shall review , stamp with his approval and subm it , with reasonable promptness and in orderly sequence so as to
cause no delay in the Work or in the work of any other contract or, normally within the first 90 days of the work , six copies of all shop
Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or
amendments . Shop Drawings and Samples shall be properly identified as specified , or as the Architect may require . At the time o f
submission the Contractor shall inform the Architect in writi ng 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 fie ld measurements, field construction criteria , materials , cata log 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 a ppr ova l 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 corre cted 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 .
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
The Architect's approval of Shop Dra w ings or Samples shall not rel ieve the Contractor of responsibility for any deviation from the
requirements of the Con tract Documents unless the Contractor has informed the Archi tect in writing of such deviation at the lim e of
submission and the Architect has given wri tten approval to the specific deviation . Architect's approval shall not relieve the
Contractor from responsibility for errors or om issions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission sha ll be commenced until the Architect has approved the
submittal. All such portions of the Work sha ll be in accordance w ith approved Shop Drawings and Samples .
D-18 SITE USE : The Contractor shall confine operations at the si te to areas permitted by law , ordinances , permits and the
Contract Documents and sha ll not unreasonably encumber the site wi th any materials or equipment. Until acceptance of the Work
by the City Council of the City of Fort Worth , the entire site of the Work shall be under the exclusive control, care and respo nsibility
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 sh all rebuild , repair, restore and make good at his own expenses al I
injuries or damages to any portions of the Work occasioned by any of the above , caused before acceptance .
D-19 CUT TING AND PA TCH ING OF WORK : The Contractor shall do all cutting, filling or patching of his Work that may
required to make its several parts fit together properly, and shall not endanger any Work by cutting , excavating or otherwise a ltering
the Work or any part of ii.
D-20 CLEAN UP : The Con tractor 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 mate ria ls and rubbish from and about the Project as we ll as all his to ols ,
construction equipment , mach inery and surplus materials, and shall clean al I glass surfaces and leave the Work "Broom-clean " or its
equ ivalent , except at otherwise specified . In addition to remova I of rubbish and leaving the bu ildings "broom-clean ", Contractor shall
clean a ll glass , replace any broken glass, remove stains , spots , marks and dirt from decorated work, clean hardware , remove pai nt
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 sha_ll be charged to the Contractor .
D-21 COMMUNICATI ONS : As a general rule , the Contractor shall forward all communications lo the Owner through the BCM .
D-22 CONTRAC TOR REQUIREMEN TS ON FEDERALLY FUNDED PROJEC TS : Contractor shall observe and comply with
the requirements of the City of Fort Worth Fisca l Department , Intergovernmental Affairs and Grants Managemen t as outlined in th e
Supplementa l Conditions contai ned in the Project Manua l
SE CTION E
SUBCONTRACTORS
E-1 DEFINITION : A Subcontractor is a person or organization that has a di reel contract with the Contractor to perform any of
the Work at the site . The term Sub contractor is referred to throughout the Contract Documents as if singular in number and
masculine in gender and means a Subcontract or or his authorized representative .
Nothing contained in the Contract , Documents shall create an y contractual relation between the Owner and the Architect and any
subcontractor or any of his sub -subcontracto rs or materialmen .
E-2 AWARD OF SUBCON T RAC TS : The bidder shall furnish a list of the names of the subcontractors or other persons or
organizations (including those who are to furnish materials or equipment fabricated to a specia l design) proposed for such port ions
of the Work as may be designated in the bidding requiremen ts, or if none is so designated in the bidding requ irements, the name s of
the Subcontractors proposed for the principal portions of the Work . Prior to the award of the Contract, the Architect shall not ify the
successful bidder in writing if either I he Owner or Architect, afte r due investigati on , has reasonab le 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 pr ior to
the award of this Contract shall not constitu le 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 su ch list, and refuses
to accep t such person or organization , the apparent low bidder may, prior to the award, w ithdraw his bid without forfeiture of bid
security . If such bidder submits an acceptable substitute , the Owne r may, at its discretion , accept the bid or he may disqualif y the
bid . If , after the award , the Owner or Architect objects in wr iting to any person or organization on such list, the Contractor shall
provide an acceptable substitute .
The Contractor sha ll not make any substitution for any Subcont ractor or person or organization that has been accepted by the
Owner and the Architect , unless the substitut ion is also accep tab le to the Owner and the Architect.
E-3 TERMS OF SUB CON TRACTS : 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 Architec I under the Contract with respe ct to the Work to be performed
under the subcontract so that the subcontract ing thereof will not prej udice su ch rights ;
2 . Require that such Work be performed in accordance with the requirements of the Contract Documents ;
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
3. Require submission to the Con tractor of applications for payment under each subcontract to which the Co ntra ctor 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 re spect 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 co ntra cting parties may have against one an other for damages caused by fire or other perils covered by the
property insurance , except such rights , if any, as they ma y 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 ar e physically included in the su b-
contract.
E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBEI: Should the base bid be less than $25,000 , the
requirements of this section do not apply.
General: In accordance with City of Fort Worth Ordinance No 15530 (the "Ordinance "), the City of Fort Worth sets goals for the
participation of minority and women business enterprises (M/WBE) in City contracts . Ordinance No 15530 is in corporated in !hes e
General Conditions by reference . A copy of the Ordinance may be obi ained from the Office of the City Secretary . Failure to com ply
with the Ordinance shall be a material breach of contract.
Prior to Award : The M/WBE documentation required by the procurement solicitation must be submitted within five city business
days after_ bid opening . Failure to comply with the Ci ty's M/W BE Ordinance , or to demonstrate a "good faith effort". shall resu It in a
bid being considered non-responsive .
During Construction : Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE
subcontractors and or suppliers prior to issuance of the Notice to Proceed. Con tract or shall also provide monthly reports on
utilization of the subcontractors to the M/WBE Office and the Cons !ruction Manager. Contractor must provide the City with comp lete
and accurate information regarding actual work performed by an Ml WBE on the contract and proof of payment thereof. Contracto r
further agrees to permit an audit and/or examination of any books, records or files in it's possession that will substantiate I he actual
work performed by an M/WBE . The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds fo r
termination of the contract and/or in itialing action under appropri ate federal , state , or local laws or ordinances relating to false
statement. An offeror who intentionally and/or knowingly misr epresents material facts shall be determined to be an irresponsib le
offeror and barred from participating in City work for a period of time of not less than three (3) years . The failure of an of feror 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 fr om participating in Ci ty work for a period of time of not less than
one (1) year.
The Co ntractor may count toward the goal any tier of MWBE subcont ra ctors 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 M/WBE participati on 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 M/ WBE subcontractor or supplier , the M/WBE shall be given an
opportunity to perform the work. Whenever a change order is $50,000 or more, the M/WBE Coordina tor shall determine the goals
applicable to the work to be performed under the change order.
During the term of the contract the Contracto r shall :
1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid/proposal or during
negotiation , without prior submission of the proper docum entation for review and approval by the MWBE Office .
2 . If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor
represented in its bid/proposa l to the City that it alone would perform the subcontracting/supplier opportunity work , the
Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with
subsections 12 .3 and 12.4 of the OOrdi nance , exclusive of the lime requirements stated in such subsections .
3 . The Contractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CH ANGE FORM , if,
during the term of any contract, the Contractor wishes to change or delete one or more M/WBE subcontractors or suppliers .
Justification for change of subcontractors may be granted for the following :
1. An M/WBE's failure to provide Workers' Compensat ion Insura nce evidence as required by state law ; or
2 . An M/WBE's-failure to provide evidence of genera I liability or other insurances
under the same or similar terms as conta ined 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 suppl y
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non-
M/WBE subcontractor's/subconsul !ant's or suppliers ; or
3 . An MWBE's failure to execute the Contractor's standard subcontra ct form , if en tering 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 [imitation being placed on the ability of the M/WBE to report violations of the Ordinance or any
other ordinance or violations of any state or federal la w or other improprieties to the C ity 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 M/WBE defaults in the performance of the executed subcontract. In this event, the Contractor shall :
a) Request bids from all M/WBE subcontractors previously submitting bids for the work ,
b) If reasonably practicable , request bids from previously non-bidding M/WBEs, and
c) Provide to the M/WBE office documentation of compliance with (a) and (b) above .
5 . An)J reason found to be acceptable by the M/WBE Office in its sole discretion .
Within ten days after final payment from the City the Contractor shall provide the M/WBE Office with documentation to reflect final
participation of each subcontractor and supplier, including non-M/WBEs, used on the project.
E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the
Owner, an amount equal to the 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 Contractors hall pay that Subcontractor on demand , made at any lime after the Certificate for Pay men!
would otherwise have been issued , for his Work tot he 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 requi re
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 pa y or to see to the payment of any monies to any Subcontracto r.
E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS : The Contractor will cause appropriate
provisions to be inserted in all subcontra els to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR
24 or 0MB Circular A-110 , as appropriate.
Each subcontractor must agree to comply with all applicable Federal , State, and local requirements in addition to those set for th 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 subc ontractor will be ineligible for reimbursement wholly or partial ly
from EDA grant fluids .
All subcontracts in excess of $10 ,000 shall in elude , or incorporate by reference , the equal opportunity clause of Executive Ord er
11246.
All subcontracts must contai n 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 reco rd and a weekly statement of compliance . These documents will
be submitted to the prime contractor who will compile them and s ubmil to the City. The subcontractor can sati sfy this requireme nt by
submitting a properly executed Department of Labor Form WH-347 .
General Conditions for Fa cility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
Each subcontract with every subcontractor must contain a clause comm itting the subcontract or to emp loyment of local labor to th e
maximum extent possible .
All subcontractors who employ more than 50 employees , and is a prime or fi rst lier subcontractor , and has a sub co ntract or
purchase order of $50,000 or more must submit a comp leted Standard Form 100 (Compliance Report) by March 30 of each year.
Subcontractors performing work in areas covered by published goal s 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 con tracts 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 in troduction and storage of their materials and equipment and the execution of their work , and shall properly connect and
coordin ate his work with theirs .
If any part of the Contractor's Work depends for proper execuli on or results upon the work of any other separate contractor, th e
Contracto r 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 co nstitute an acceptance of the
other contractor's work as fit and proper to receive his Work , except as to defe els 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 an y separate contractor on the site , the Contractor shall , upon d ue
notice , settle with such other contractor by agreement, if he will so settle . If such separate contractor sues the Owner on ac count of
any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such sui t at the
Contractor's expense , and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment
and shall reimburse the Owner for all attorney's fees , court co sts 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 receiv ed by the work of other contractors shown in the Contract Docume nts .
The Contractor shall not endanger any work or any other contractor s by cutting , excavating or otherwise altering any work and s hall
not cut or alter the work of any other contractor except with the written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor.
F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for
cleaning up, the Owner may clean up and charge the cos t thereof to the several contractors as the Director of the Department of
Transportation and Public Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must
familiarize himself and strictly comply with all Federal, Stat e, and County and City Laws, Statutes, Charter, Ordinances , Regul alions,
or Directives contro lling 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 an y claim or liability arising from or based on the viola tion of any
such Laws , Statutes, Charter, Ordinances, Regulations , or Directives , whether by himself, his employees , agents or subcontracto rs .
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 Charte r and Ordinances oft he City of Fort Worth and the laws of the State of Texas with
reference to and governing all matters affecting this Contract, and the Contracto r agrees to fully comp ly with all the provisio ns 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 C ity of Fort Worth in connecti on with this Contract, or in exercising any of the powers grant ed the
Owner herein , the officers , agents and employees of the City of Fort Worth are engaged in the perfo rman ce of a governmental
function and shall not incur any personal liabi lily by virtue of such performance hereunder, except for gross negligence or wil lful
wrong .
G-4 COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws, Federal , state and loca l, including all ordinances,
rules and regulations of the City of Fort Worth , Texas . Mate rials incorporated into the finished Project are not subject to St ate Sales
Tax .
General Conditions for Facility Constructio n Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
The Owner is responsible for obtaining the Building Permit. Th e Contractor and the appropriate subcontractor are responsible for
obtaining all other construction permits from the governing agencies . Contracto r sh all schedule all code inspections with the Code
Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manage r
weekly. Building, plumbing, electrical and mechanical building permits are issued without charge . Water and sewer tap , impact &
access fees will be paid by the Ci ty . Any other permi t 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 an d 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 serv ices to be
performed hereunder by Contractor, its officers, agents, employees , subcontractors , licensees or invitees , whether or not any such
injury, damage or death Is caused. in whole or in part. by the negligence or alleged negligence of Owner. its officers,
setvants. or employees. Contractor likewise covenants and agrees to i ndemnify and hold harmless the Owner from and against
any and all injuries to Owner's officers, servants and employee s and any damage, loss or destruction to property of the Owner
arising from the performance of any of th e terms and conditions of this Contract, whether or not any such iniury or damage is
caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees.
In the event Owner receives a written clai m for damages against the Contractor or ii s subcontractors prior to final payment, fi nal
payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled an dlor
a release from the claimant involved , or (b) provides Owner wi lh a letter from Contracto r's Ii ability insurance carrier that the claim
has been referred to the insurance carrier .
The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed
under a City Contract.
G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2 , this contract shall be binding upon and insure to
the benefit of the parties hereto , their Successors or Assigns . Contra ctor shall not assign or sub let all or any part of this C ontract or
his rights or duties hereunde r without the prior written consent of the Owner . Any such purported assignment or subletting with out
the prior written consent of Owner shall be void .
G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual o r
member of the firm or to an officer of the corporation for whom ii was intended, or if delivered at or sent by registered or ce rtified
mail to the last business address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25 ,000 . The Contractor agrees, on the
submittal of his Proposal to make, execute and deliver to said C ity of Fort Worth good and sufficient surety bonds for the fail hful
performance of the terms and stipulations of the Contract and fo r the payment to all claimants for labor and/or materials furni shed in
the prosecution of the Work, such bonds bei ng 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 contra ct price , and t he
said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the C ity
Council of the City of Fort Worth .
Bonds shall be made on the forms furnished by or otherwise ace eptable to the City . Each bond shall be properly executed by bot h
the Contractor and the Surety Company . Bonds required by the City shall be in compliance with all relevant lo cal , state and fe deral
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 Acceptab le
Securities [Circular 570]. and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write perfo rmance
and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety mus t r einsure
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 dur ing same, the Contractor shall immediately
provide a new surety bond satisfactory to the City.
If the contract amount is less than $25,000 , payment shall be made in one lump sum 30 calendar days after completion and
acceptance of the Work.
G-9 OWNER 'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform any pr ovision of the Contract, the Owner may, without prejudice to a ny
other remedy he may have, enter the site and make good such de ficiencies . In such case an appropriate Change Order shall be
issued deducting from the payments then or thereafter due the Cont ractor Iha cost of correcting such deficiencies , including th e cost
of the Architect's additional services made necessary by such default, neglect or failure . If the payments then or thereafter d ue 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 lie ense 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 f or all
such loss when a parti'cular design, process or the product of a particular manufacturer or manufacturers is specified ; however, if the
General Cond itions for Facility Co nstru ction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
Contractor has reason to believe that the design , process or pr oduct specified is an infringement of a patent , he shall be resp onsible
for su ch loss unless he promptly gi ves such information to Owner.
G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules , Regulations or Orders of any public authority ha ving
jurisdiction require any Work to be inspec led , tested or approved , the Contra ctor shall give the Owner timely notice of ils rea diness
and the date arranged so the Architect may observe such inspection , te sting or approval. The Owner shall bear all costs of such
inspection , tests and approvals unless otherwise provided .
If after the commencement of the Work, lhe Owner determines that any work requires special inspec lion , testing or approval nol
included above, the Owner, upon written authorization from the Owner . will instruct lhe Contractor to order such special inspe c tion ,
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 respe ct lo lhe performa nee
of lhe Work , with Laws, Statutes , Charter, Ordinances, Regulati ons or Orders of any public authority having jurisdiction , the
Contractor shall bear all costs thereof, in eluding 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 lhe
Owner . The Architect will review the certificates and forwar d one copy of each with his recommendation(s) to the Owner .
If the Owner wishes to observe the inspecti ons , tests or approvals required by this Sect ion , they will do so promptly and , where
practicable , at the source of supply .
Neither the observations of the Architect or the Owner in thei r administration of the Construe lion Contract, nor inspections , I ests or
approvals by persons other than lhe Contractor shall relieve the Contractor from his obligations to perform lhe Work in accorda nee
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 se ctions of the utility. In some cases , the Contrac Lor may
be required to perform the Work while lhe existing utility is in service . The existing utility service may be interrupted only when
approved by the Owner. When ii is necessary to interrupt the ex isling utilities , the Contra ctor shall notify the Owner in writi ng at least
ten days in advance of the time that he desires the existing se rvice to be interrupted . The interruption time shall be kept to a
minimum . Depending upon the activities at an existing fa cility that requires continuous service from the existing utility , an i nterruption
may not be subject to schedule at the time desired by the Contractor. In su ch cases , the interruption may have to be scheduled at a
time of minimum requirements of demand for the utility. The amou nt of time requested by the Contractor of existing utility serv ices
shall be as approved by the Owner.
G-13 LAYING OUT WORK : The Contractor shall verify dimensions and elevations indi cated in layout of existing work.
Discrepancies between Drawings , Specifications , and existing conditions shall be referred to Architect for adjustment before work
affected is performed . Failure to make such notification shall place responsibility upon Contractor to carry out work in salisf actory
workmanlike manner at the Contractor's sole expense .
The Contra ctor shall be held responsible for the location and elev ation of all the construction c ontemplated by lhe Conslructio n
Documents.
Prior to commencing work , lhe Contra ctor shall carefully compare and che ck all Architectural , Stru ctural , Mechanical an Electri cal
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 dupli cation of work
made necessary by failure or neglect on his part to comply with this function shall be done at the Contra ctor's sole expense .
G-14 MEASUREMENTS: Before ordering any material or doing any work , the Contra ctor 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 a !lo wed
on account of any differen ce between actual dimensions and dimensions indicated on the drawings . Any differen ce that may be
found shall be submitted to the Architect for consider ation and adjustment before proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contra ctor shall carefully che ck the site where the project is
to be ere cted and observe any existing overhead wires and equipment. Any su ch work shall be moved . replaced or protected , as
required , whether or not shown or specified at the Contractor's sole expense .
Attention is di rected to the possible exis Lenee of pipe and other underground improvements that may or may not be sh own 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, sh own the Drawings are based on the best avail able sources , but are to be regarded as
approximate only. Exerci se extreme care in lo cating and i dentifying these lines before excavation in adjacent areas.
G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be th e responsib ili ty of the Contractor to make certain in the
installation of jointed floor, wall and ceiling materials that:
1. Preserve and prote ct the rights of the Owner and the Archite c I under the Contra ct with respect to the Work to be performed
under lhe subcontra ct so that lhe sub contra ct ing thereof will not prejudice su ch rights;
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Pa rking Garage (October 2008)
2 . Place joints lo relate lo all opening and breaks in lhe structure and be symmetrically pla ced wherever possible. This includ es
healing regi sters , light fixtures, equipment, etc .
If because of the non-re lated sizes of lhe various materia ls and locations of openings , etc ., ii is not possib le to accomplish the
above , the Contractor sha ll request the Architect to determine th e most satisfactory arrangement. The Contra ctor shall eslablis h
centerlines for a ll trades .
G-17 INTEGRATI NG EXIS TI NG WORK : The Contractor shall protect all exis ling 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 obst ru e! the
ingress or egress to and from existing adjacent facilities.
Where new site work is lo be connected lo existing work , special care shall be exerci sed by the Contra ctor not lo disturb or da mage
the existing work more than necessary. All damaged work shall be replaced , repaired and restored lo its original condition al n o cost
to the Owner.
G-18 HAZARDOUS MATERIAL CERTIFICATION : II is the inten t of the contract documents , whether expressly slated or not ,
that nothing contain ing hazardo us ma le rials, such as asbestos, shall be incorporated in lo the proje ct. The Contractor sha ll e xercise
every reasonable precaution to ensure that asbestos-containing materials are not in co rpora led into any portion of the proje ct,
includi ng advising all materials suppl iers and subcontra ctors of this requirement. The Contractor shall verify that components
conta ining lead do not conta c I !he potable waler supp ly.
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 occ urs , ii shall be
brought lo the Archite ct's attention immediately and the reloca lion determined in a joint conference . The Contra ctor will be he Id
responsible for the relocating of any items without first obtai ning the Architect's approval. He shall remove and relocate su c h items
al his own expense if so directed by the Archite ct. Where po ss ible , uniform marg ins are to be maintained between parallel lines
and/or adja cent wall , floor or ceiling surfaces .
G-20 OVERLOADING : The Contractor sha ll be responsible for loading of any part or parts of stru ctures beyond their safe
carrying capacities by placing of materials, equipment, tools, machinery or any other item the reon . No loads shall be pla ced on
fl oors or roofs before they have attained their permanent and safe strength .
G-21 MANUFACTURER 'S INSTRUCTIONS : Where ii is required in the Specificali ons Iha! materials , products , pro cesses ,
equipment , o r the like be insta ll ed or applied in accordance with manufacturer's instructions, dire clion or specifications , or words lo
this effect , ii shall be construed lo mean Iha! sa id app lication or insta ll ation shall be in slri cl accordan ce with pr inted ins !ru ctions
furnished by the manufacturer of the ma terial con cerned for use under condi lions similar or those al the job site . Six copies of su ch
instructions shall be furnished lo the Archi tect and his approval thereof obtained before work is begun .
G-22 CLEANING UP : The Contractor shall keep the premises free from a cc umula lion of waste material or rubbish caused by
employees or as a result of the Work.
Al completion of work, the General Contractor shall , immediate! y prior lo final inspection of complete building , exe cute the fo llowing
final cleaning wo rk with trained janitoria l personnel and with ma lerial methods re c ommended by the manufactures of installed
materia ls.
1. Sweep and buff resilient floors and base , and vacuum carpeting .
2 . Dusi all metal and wood trim and similar finished materials.
3 . Clean all cabinets and casework .
4 . Dus i all ceilings and walls .
5 . Dusi, and if necessary wash , a II plumbing and electrical fi xtures .
6 . Wash all glass and similar non-resilient materials .
7. All hardware and other unpainted me tals shall be cleaned and polished and a ll equipment and paint or decorated work shall be
cleaned and tou ched -up if necessary , and all temporary labels, lags, and paper coverings removed throughout the bui ldings .
Surfaces Iha! are waxed shall be polished .
8 . The exterior of the building, the grounds , approa ches , equipm en!, sidewalks , streets , etc . shall be cleaned similar lo inter ior of
buildings and left in good order al the lime of fina l acceplanc e . All paint surfaces shall be clean and unbroken , hardware sha II
be clean and polished , all required repair wo rk sha ll be complel ed and dirt areas shall be scraped and cleared of weed growth .
9 . Clean all glass surfa ces and mirrors of putty , pain! materials, etc., without scrat ching or injuring the glass and lea ve lhe work
bright, clean and polished . Cost of this cl eaning work shall be borne by Co ntractor.
General Cond itions for Fa cility Constru ction Lump Sum Contra ct
WRMC Western Heritage Parking Garage (October 2008)
10 . Cleaning , polishing , scaling , waxing and all other finish operations indicated on the Drawings or required in the Specifica lions
shall be taken to indicate the required condition al 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 al I 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 dire cted by the Architect, operations
causing such problems shall be temporarily discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTION: The Con tra ctor 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 s hall
not be permitted to be scattered on adjacent property .
Suitable storage space shall be provided outsi de the immediate building area for storing flammable materials and paints ; no sto rage
will be permitted in the building . Excess flammable liquids being used inside the building shall be kept in closed metal conta i ner 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 mate rial shall be used to protect against fire damage due to sparks a nd hot
metal. When temporary heating devices are used , a watchman shal I 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 indi cated , su ch work shall
be neatly sawed or cut by Contractor in a manner that will produ ce a neat straight line , parallel to adjacent surfaces or plumb for
vertical surfaces . Care should be exercised not to damage any work that is to remain .
At no time shall any structural members be cut without written consent from the Architect.
G-26 PROJECT CLOSEOUT
Final Inspection Record Drawings : Attention is called to General Conditions Se ction entitled , "Substantial Comp letion and Final
Payment''.
Maintenance Manual : Sheets shall be 8 Y:, x 11 ", except pull out sheets may be neatly folded to 8 Y:i " 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 tel ephone number of installing Contractor, manufacturer's local
representative, for each piece of operative equipment.
3) Catalog data on plumbing fixtures , valves , water heaters, heat ing and cooling equipment , temperature contro l, fan , electrica I
panels , service entrance equipment and light fixtures .
4) Manufacturer's name, type, color designation for resi lient floors, windows , doors , concrete block , paint , roofing , other materia ls .
Submit six copies of Maintenance Manual , prior to request for final payment.
Operational Inspection and Maintenance Instruction : The Contractor shall provide at his expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and
Specifications . This requirement shall be schedu led just prior to and during the initia I start up . After all systems are functi oning
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 sha II not relieve Contractor from any obligation assumed under Cont ract.
The Contracto r 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 th is contract and the terms of the Te chnica I
Specifications contained herein . Unless supplemented by the Technical Specifications or the manufacturer's normal extended
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
warrantees, the Contractor shall warrant all work materials, and equipment against defects for a period of one yea r from the date of
fina l acceptance . The Contractor further agrees to bear all cost s of making good all work that is found to be defective or not
provided in accordance with the Contract Documents . Additional ly if the facility or contents are damaged due to defective mate rials
or workmanship of the Contracto r , the Contractor further agrees to bear all cost of repairing and/or replacing damaged items an d
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 th is 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 me !hods 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 an d
details which may be necessary for legibility and clear portrayal of the actual construction . The record drawings shall indicate, in
addition , the actua l location of all sub-surface utility lines , average depth below the surface and other appurtenances.
G-29 CONS TRUCTION FEN CE : At the Contractor's option, he may provide a substantial chain-link construction fence around
all or a part of the site . The fences and gates must be main tained 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 sha ll handle , store and protect materials and products ,
including fabricated components , by methods and means which w ill prevent damage, deterioration and loss , including theft (and
resulting de lays), 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 Owners alvage
shall be carefully removed and delivered to the Owner at any loca lion in within the City limits as directed by the City.
G-32 MANUFAC TURER 'S REF ERENCE : Cata log , brand names, and manufacturer's references are descriptive , not
restrictive . Bids on brands of like nature and qua lity wi ll be cons idered . Contractor shall inform the City of any substitutio ns intended
for the project with in 5 business days of bid opening . Failure to inform the City of substitute projects will obligate the Con tractor to
provide the specified material if awarded the contract. Wi thin 14 days after bid opening and upon request of the Contractor , I he
Contractor will submit a fu ll sized sample and/or detai led info rmation as required to allow the architect to dete rm ine the acce ptability
of proposed substitutions . Where equipment has been listed as "no substitu le accepted ", the City will accep t no alternates to the
specified eq uipment.
H-1 DEFINI TI ONS
SECT ION H
CON TR ACT TIME
The Contract Time is the period of lime 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 I he Final Inspection in a time ly manner
The Date of Commencement of the Work is the date established in the Notice to Proceed . If there is no notice to proceed, it shall be
the date of the Agreement or such other date as may be establ ished therein .
The Date of Substantial Completion of the Work or designated portion thereof is the Da le certified by the Architect with the approval
of the Owner that construction is sufficiently complete , in accor dance with the Contract Documents , so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended . Final acceptance of the completed work or any portion
thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner.
A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a
"Working Day" or not , and regardless of weather conditions or any situation which might delay cons !ru ction . An extension of con tract
lime shall be in accordance with this Section . Extensions of lime will be as recommended by the BCM with final approval by City of
Fort Worth .
A Wo rking Day is defined as a calendar day, not includ ing Saturdays , Sundays , and legal holidays, in which weather or other
cond itions not under the contro l of the Contractor permit the per formance of work for a continuous period of not less than seve n
hours between 7 :00 a .m . and 6 :00 p .m. However, nolhing in these Contract Documents shall be construed as prohibiting the
Contractor from working on Saturdays if he so desires . Legal holidays are defined as being New Year's Day, lmlependence Day ,
Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's Day.
H-2 PROGRESS AND COMPLE TI ON : All the lime limits stated in the Contract Documents are or 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 .
Genera l Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
H-3 DELAYS AND EXTENSIONS OF TIME : If the Contractor is delayed al any lime in the progress of the Work by any act or
neglect of the Owner or the Archilecl, or by any employee of the Owner, or by any separate contra ctor employed by the Owner, or
by any separate contractor emplo yed by the Owner, or by changes ordered in the Work , or by labor disputes, fire , un usual delay in
transportation , una voidable casualli es or any causes beyond the Contractor's control , or by any ca use which the Archilecl
determines may justify the delay, then the contra ct lime may be extended by Change Order for such reasonable lime as
recommended by the Archite ct and approved by the Owner. When the Contra ctor 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 lime .
All claims for extension of lime shall be made in writing to I he Architect no more than fifteen days after the occurrence of th e delay;
otherwise they shall be waived .
If no schedule or agreement is made staling the dales upon whi ch written interpretations shall be furnished , then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then
unless such a claim is reasonable .
H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time
provided for) shall be made to the Contractor for damages because of hindrances or delays from an cau se in the progress of the
work, whether such hindrances or delays be avoidable or unavoidable , and the Contra c tor agrees that he will make no claim for
compensation , damages or mitigation of Ii quidated damages for any su ch delays, and will acc ept in full satisfaction for such de lays
said extension of lime .
SECTION I
PAYMENTS AND COMPLETION
1-1 CONTRACT SUM: The Contract Sum is staled in the co ntract and is the total amount payable by the Owner lo the
Contractor for the performance of the Work under the Contract Do cuments.
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 Iola I
Contra ct Sum , divided so as to facilitate payments to Sub -contra ct ors , prepared in such form as spe ci fied or as the Architect a nd the
Contractor may ag ree upon, and supported by such data lo subslantia le its correctness as the Architect may require . Each item i n
the Schedule of Values shall include its pr aper share of overhead and profit. This Sc hedule , when approved by the Architect and the
Owner, shall be used as a basis for the Contractor's Applications for Payment.
1-3 ADJUSTMENT OF QUANTITIES
1-4 PROGRESS PAYMENTS: On the first day of each month after the first month 's work has been completed , the Contra ctor
will make current estimates in writing for review by the Archit eel of materials in place complete and the amount of work perfor med
during the preceding month or period and the value thereof at the pri ces 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 del ivered and suitably stored al
the site or in an independent, bonded warehouse su ch payments sha II be conditioned upon submission by the Co ntra ctor of bills o f
sale or such other procedures satisfa ctory lo the Owner lo est ablish the Owner's title lo su ch materials or equipment or otherw ise
protect the Owner's interest including applicable insurance and transportation lo the site .
The Contractor warrants and guarantees Iha! title to all Work , materials and equipment covered by an Appl ication for Payment,
whether incorporated in the Proje ct or not, will pass to the Owner upon the receipt of such payment by the Contra ctor , free and clear
of all liens, claims . se curity interests or encumbrances hereina fter referred lo as "liens"; and that no Work , materials or equ ipmenl
covered by an Appli cation for Payment will have been acquired by th e Contractor , or by any other pe rsons performing the Work al
the site or furnishing materials and equipment for the Work , s ubject to an agreement under which an interest therein or an
encumbrance thereon is retained by the seller or olherwi se imposed by the Contra ctor or such other pe rson .
The Contractor shall prepare ea ch application for payment on AIA Document G702 , "Application and Certificate for Payment", and
attached thereto AIA Document G703 , "Continuation Sheet", to indicate the progress made to date and the period or month for
which payme nt is requested for each Item listed in the Schedule of Values . A copy of the revi sed monthly work progress schedule
must be attached before the pay request can be accepted .
1-5 CERTIFICATES FOR PAYMENT : If the Contractor has made App lication for Payment as above , the above . the Archite ct
will , with reasonable promptness but not more than seven days af ter the re ceipt of the Appli cation , prepare a Certificate of Pa ymenl,
with a copy lo the Contractor , for su c h amount determined lo be properly due , or slate in writing reasons for withhold ing a
Certificate .
The issuan ce of a Certificate for Payment will conslilule a representation by the Owner, based on !h e BCM 's ob servati ons al the site
and the data compri sing the Application for Payment, that the Work has progressed to the poin t indicated ; th at the qu ality of I he
Work is in accordance with the Contra ct Documents (subject to an evaluation of the Work as a fun ctioning whole upon Substantial
Completion , to the results of any subsequent tests required by t he Contra ct Doc uments, to minor de viation s from the Contra ct
Do cuments corre ctable prior lo completion , and to any specific qualifications slated in the Certificate); and re commendations Io the
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (Octobe r 2008)
Owner that the Contractor be paid in the amount certified . In addition , the Architect's approva l of final payment assures the O wner
that the conditions precedent lo the Contractor's being entitled lo final payment as set forth in this Section have been fulfil led .
After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it h as
been delivered to the Director of the Department of Transportati on and Public Works . For contracts less than $400 ,000 , Owner sh all
pay 90% of the approved estimate to the Contractor within se ven days after its approval , and the remaining 10% of each such
estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of
Fort Worth . For contracts in excess of $400 ,000 , the Owner will reta in only 5% of each estimate until the final estimate is app roved
and wo rk accepted by the City Council of the City of Fort Worth .
No Certificate for a progress payment , nor any progress payment, nor any partial or entire use or occupancy of the Project by l he
Owner, shall constitu te an acceptance of any Work not in accordanc e with the Contract Documents, or relieve the Contractor of
liability in respect to any warranties or responsibility for faulty materials or workma nship . The Contractor sha ll promptly remedy any
defects in th e 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 .
1-6 PAYMENTS WITHHELD : The BCM may decline to approve an Application for Payment and may withhold his Certificate
in whole or in part if in his opinion he is unable to make the re presentations to the Owner as provided in this Section . The Ar chilecl
may also decline lo approve any Applications for Payment or, because of subsequently discovered evidence or subsequent
inspections, may nullify the whole or any part of any Certi ficate for Payment previously issued to such extent as may be necess ary
in his opinion to protect the Owner from loss because of:
1) Defective work not remedied ;
2) Claims filed or reasonable evidence indicating probable filing of claims ;
3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment;
4) Reasonable doubt that the Work can be comp lel ed for the unpaid balance of the Contract Sum ;
5) Damage to another contracto r;
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 lo withhold the payment of any monthly estimate , without payment of interest, if the Contractor fails to
perform the Work in accordance with the specifications .
1-7 NOT USED
1-8 LIQUIDATED DAMAGES: The deduction for liquid ated damages for this project is $7 ,5 00 per day .
1-9 FAILURE OF PAYMENT : If, without fault on the part of the Contractor , the BCM should fail to issue any Certificate for
Payment within seven days after receipt of the Contractor's A pplication for Payment , if the Contractor's Application for Paymen t, 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 speci fi ed , then the Contractor may, upon seven (7) days additio nal
written notice to the Owner and to the Architect , stop the Work until payment of the amount owing has been received .
1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet
.fill provisions for Project Closeout.
When the Con tractor determines that the Work is substantially comp lete , the Construction Manager shall inspect the project with the
Contractor and prepare a "Preliminary Punch List".
When the Architect, on the basis of a subsequent inspection , determines that the Work is substantially complete , he then will
prepare a Certificate of Substantial Comp letion (G704) which, when approved by the Owner, shall allow the Contractor to request a
Certificate of Occupancy which will establish the Date of Subslant ial Completion . The Certificate of Final Completion shall s \ate the
responsibilities of the Owner and the Contra ctor for maintenance , heat, utilities, and insurance, shall set forth the remaining work as
a "final punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days . When the Certif icate of
Occupancy has been issued, the retainage will be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfa ction of the City of Fort Worth , the retainage may be reduced
lo2.5%.
Should the Contractor fail to complete all contractual require ments of the contract, including submitlals and final pay request within
the fixed lime , the contract time will again commence . Should the Contractor fail to complete the work within the contract dur ation,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for fi nal inspection , the City will conduct a joint inspection and certify completion
of the final punch list by cosigning it with the Contractor.
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
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) staling that all payrolls , bills for materials and equipment , a nd
other indebtedness connected with the Work for which the Owner or his property might in any way be responsible , have been
pa id or otherwise satisfied ,
2) Consent of Surety to Final Payment (G707), if any, to final payment,
3) Contractor's Affidavit of Release or Liens (G706A), and ,
4) Other data establishing payment or satisfaction of all such obi igalions, such as receipts , re leases, and waivers or 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) Fina l acceptance by the City of Fort Worth .
If any Subcontractor , materialman or laborer refuses to furnish a Contractor's Affidavit of Rel ease of Liens , the Contractor may, at
the election of the Owner , furnish a bond satisfactory to the Ow ner to indemnify him against any right , claim or lien which mig ht be
asserted by such Subcontractor, materia lman 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 su ch right, cl aim
or lien , including all costs and reasonable attorney's fees .
The Contractor may then request final payment. The acceptance of fi nal 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 ace eptance of the Project by the City of Fort Worth .
The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of
acceptance will be binding upon the Owner . Fina l payment and rel ease of the retainage amount will become due with in fifteen day s
following acceptance .
1-1 1 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 in it ialing , maintaining and
supervising all safety precautions and program s in connection with the Work . The Contra ctor shall designate a responsible membe r
of his organization at the site whose duty shall be the preventi on of accidents . This person shall be the Contractor's superint endent
unless otherwise designated in writing by the Contractor to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY: The Contra ctor 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 therei n, whether in storage on or-off the site , under the c are ,
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 , stru ctures and
utilities not designated for removal , relo cation or replacement in the course of construction .
Until acceptance of the Work , ii shall be under the charge and ca re of the Contractor, and he shall take every pre caution again st
injury or damage to the Work by the action of the elements or fr om any other cause whatsoever , whether arising from the execution
or from the non-execution of the Work . The Contractor shall rebu ild , repair, restore and make good , at his own expense , all inj uries
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 ha ving
jurisdiction for the safety of persons or property or lo 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 sa fety 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 person nel.
All damage or loss to any property referred to in the pre ceding paragraphs caused in whole or in part by the Contractor , any
Subcontractor, or anyone directly or indire ctly emp loyed by any or them , or by an yone for whose acts any of them may be liable ,
shall be remedied by the Contracto r , including damage or loss attrib utable to faulty Drawings or Specifications and acts or omissions
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Pa rking Garage (October 2008)
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
Con tra ctor 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 lo endanger its safely.
J-3 HARD HATS: Hard Hats will be required at all construction sites in eluded in this Contract from start to completion of
work . Each Co ntra cto r, employee and visitor at any cons tru cti on site included in the Con tra ct will be required to wear a hard hat.
The Contra ctor shall enforce the wearing of hard hats by Contra ctor, employees and visitors . Contractor shall provide ten hard hats
for use by the consulting Arch itects 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 com pensation or extension of time claimed by the Contra ctor on
account of emergency work shall be determi ned as provided in Changes in the Work .
J-5 SAFE WORK PRACTICES : The Contracto r shall employ safe practices in handling materials and equipment used in
performing required work so as to insure the safety of his wo rkmen , City employees and the public. The Contra ctor shall keep t he
premise free al all times from accumulation of waste materials or rubbish . At the completion of the work, the Contractor shall
remove all his wastes and rubbish from and about the work area , as well as his tools, equipment and surplus materials and shall
leave the area as clean and free of spo t, stai ns, etc., as before the work was undertaken.
J-6 TRENCH SAFETY: The Co ntra ctor shall be responsible for all design and implementation of trench shoring and
stabilization to meet regulatory requ iremen ts. If the Proposal requires , the Contract or shall include a per-unit cost for trench safety
measures in his bid . If not included in the Proposal , the Contractor shall include a co st for trench safety measures for all I renches
over 5 feet in depth in his Schedule of Values .
SECTION K -INSURANCE
K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all
insuran ce 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 lo be performed under th is Contract until all similar insurance of the Subcontractor h as
been so obtained and approved . The City of Fort Worth will be list ed 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 certifica te showing
that it has obtained a policy of workers compensation insur a nee covering each of its employees employed on the project
in comp liance 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. C ontractor will not permit any
subcontractor to perform work on the project until such certif icate has been acquired . Contract or shall provide a copy of
all such certificates to the Owner (City).
c) By signing this Contract or providing or causing to be prov ided a certificate of coverage , the Contractor is representing to
the C ity that all employees of the C ontractor who will provide services on the project will be covered by worker's
compensatio n 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 Com pensation Commission's Division of Self-Insurance Regulation .
Providing false or misleading in formation may subject the Co ntracto r to administr alive penalties, criminal penalties, civil
penalties or other civi l actions.
d) The Contractor's failure to comply with any of these provisi ons 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 certif icate of insurance, a certificate of authority to self-insure issued by
the Texas Workers' Compensation Commission , or a coverage agreement (TWCC-81 , TWCC-82, TWCC-83 , or TWCC -
84), showing statutory workers' compensa tion insurance co verage for the person's or entity's employees providing
services on a project, for I he duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on t he project until the Contractor's/person's
work on the project has been completed and accepted by the Ci ty.
c) Persons providing services on the proj eel ("subcontractor" in section 406 .096)-inc ludes all persons or entities performing
all or part of the services the Contractor has undertaken lo perform on the project, regardless of whether that person
General Cond iti ons for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
contracted directly with the Contractor and regardless of w hether that person has employees . This includes, without
limitation , independent contractors , subcontractors , leasing companies, motor carr iers, owner-operators , employees of
any such entity, or employees of any entity which furnishes persons to provide services on the project. "Servi ces" include ,
without limitation , providing , hauling, or delivering equipment or materials, or providing labor, transportation , or other
services related to a project. "Servi ces" 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 re porting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code , Se ction 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 ce rtificate of coverage ends during the duration of the project ,
the Contractor must, prior to the end of the coverage period , f ile a new certificate of coverage with the City showing that
coverage has been extended .
d) The Contractor shall obtain from each person prov iding services on a project, and provide to the City :
i) a certificate of coverage , prior to that person beginning work on the project. so the governmental entity will have on
file certiticates of coverage showing coverage fa r all persons providing services on the project ; and
ii) no later than seven days after receipt by the Contract or, 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 thereafle r .
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 cla ssification 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 proj eel, 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 lhe 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 co verage , prior to the end of the coverage period , if lhe
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 de livery, within ten (10) days after the person knew or should
have known, of any change that materially affects the prov ision of coverage of any person providing services on the
project; and
vii) contractually require each person with whom it contracts , lo 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 .
General Conditions for Fa ci lity Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
4) Posting of Required Worker's Compensation Coverage
a) The Contractor shall post a notice on each project site inform ing all persons providing services on the project that they are
required to be covered, and stating how a person may verify cu rrent 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 Comm ission rules . This notice must be pr inted with a title in at least 30 point bold type and text
in at least 19-point normal type , and sha ll 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 requi re s 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".
Ca ll the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage , to verify whether your employ er 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 cla ims
of damage which may arise from operations under this Contract, including blasting , when blasting is done on , or in connection w ith
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) Automob ile Liability : $1 ,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage .
Coverage shall be on "any auto" including leased , hired, owned, non-owned and borrowed vehicles used in connection with
this Contract.
2) Commercial General Liability: $1,000,000 each occu rrence . Coverage under the policy sha ll 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 remova l of Asbestos Containing Materials,
the Contractor , or subcontractor performing the removal , sha II be required lo maintain Asbestos Abatement Liability Insurance
as follows : $1 ,000 ,000 per occ urrence; $2,000 ,000 aggregate Ii mil. The coverage shall include any pollution exposure,
including environmental impairment liability, associated with t he services and operations perfo rmed 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 lnvi talion, the Contractor shall procure, pay
for and maintain al all times during the term of this Contrac t, Builder's Risk Insurance against the perils of fire, lightni ng , windstorm ,
hurricane, hail, riot, explosion , civic commo tion , smoke, aircraft, land vehicl es, vandalism, and malicious mischief, at a limi t equal to
100% of the Contract Sum .
The policy shall include coverage for materials and supp lies while in transit and while being stored on or off site. If specifi cally
required in the Instructions to Bidders, the policy shall in elude coverage for flood and earthquake . Different sub-li mits for these
coverages must be approved by the City .
Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered .
Upon completion of the Work , the Contractor shall notify the City of Fort Worth in writing before terminating this insurance .
K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor sha ll provide a certificate of insurance documenting the
Transportation and Public Works Department , City of Fort Worth as a "Certificate Holder", and noting the specifi c project(s) covered
by the Contractor's insurance as documented on the certificate of insurance . More than one certificate may be required of the
Contractor depending upon the agents and/or insurers for the Contra ctor's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth sha ll be an additiona l 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 in sofar
as their financial strength and solvency are concerned . Any company through which the insurance is pla ced 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 .
Genera l Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
4) Deductible lim its on insurance policies and/or self-insured rele nlions exceeding $10 ,000 require approval of the City of Fort
Worth as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimu m of thirty days prior lo an insurer's action in the event of
cancellation , non -renewal or material change in coverage regardi ng any policy providing insurance coverage required in this
Contract.
6) Full limits of insurance shall be avail able for claims arising out of this Cont racl with the City of Fort Worth .
7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this
Contract. Any failure on part of the City of Fort Worth lo r equesl 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 wi thou! incurring expense , to review the insurance pol icies including
endorsements thereto and , al its discretion , lo require proof of payment for policy premiums .
9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages requ ired herein .
10) Notice of any actual or potential claim and/or litigation I hat would affect insurance coverages required herein shall be provided
lo the City in a timely manner.
11) "Other insurance" as referenced in any policy of insuranc e providing coverages required herein shall not apply lo any insur ance
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 Co ntractor'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 Cont racl Sum and the Contract Time being adjusted
accordingly . All Su ch Changes in the Work shall be author ized by Change Order, and shall be executed under the applicable
conditions of the Contract Documents .
A Change Order is a written order lo the Contractor signed by t he Contractor, Owner and the Architect, issued after the executi on of
the Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time . The Contract Sum and th e
Contract Time may be changed only by Change Order.
Any changes in work required due lo changed or unforeseen conditions, or by request of ei !her the Contractor or the City, shall be
coordinated with the Director , Department of Transportation and Public Works . A change order must be wrillen and duly negotial ed
and executed prior lo performing changed work .
The cost or credit to !he 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 , incl uding the allowance to Contractor for overhead and profit stipulal ed
in the original contract proposal ;
2) by unit prices slated 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 Ord er, shall promptly
proceed with the Work involved . The cost of such work sha II then be determined on the basis of the Contractor's reasonable
expenditures and savings , in cluding a reasonabl e allowance for overhead and profit as indi cled in !he original contra ct proposa I. In
such cases , the Contractor shall keep and present, in such form as the Architect shall prescribe , an itemized accounting togelh er
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 Arc hitect, requests a price proposal from the Contractor for a proposed c hange in scope
of the work , Contractor shall process such proposal within sev en days of receipt and return the price quote to the Archite ct in writing .
The Architect shall review the price quota tion and if approval is recommended , forward the proposed change order request and
price proposal to the Owner for approva l . If approval is not re commended , the Arc hitect will allempl to negotiate with Co ntract or lo
revise the proposal to a figure which is fair and reasonable and fo rward ii on lo the Owner for approval. If the negotiations d o not
result in an equitable solution , the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure fo r
appro va l by the City and require specific documentation to be provided by Con tractor in accordance with the paragraph above .
General Conditions for Facility Co nstructio n Lump Sum Con tra ct
WRMC Western Heritage Parking Garage (October 2008)
Contractor is advised that according to City of Fort Worth Charter, that , the City Council must approve all Change Orders and W ork
Orders which result s in an increase in cost of the contract am ount by over $25 ,000 . Normal processing time for the City Staff t o
obtain City Counci l 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 subs equen tly agreed upon , and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed uni I prices to the quantities of Work proposed will create a
hardship on the Owner or the Contractor , the applicable unit pr ices shall be equitably adjusted to prevent such hardship .
If the Contractor claims that additional cost or time is involv ed because of ( 1) any written interpretation issued pursuant to Section A ,
(2) any order by the Architect or Owner to stop th e Work pursuant to Section B, where the Contract was not at fault, or (3) any
written orde r 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 Arch itect written notice thereof within a reasonable lime after the
occurrence of the event that gave rise to such claim . This notic e 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 C ontract 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 ex tra work performed by the Contractor's own forces shall not exce ed
fifteen percent (15%).
2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervi sed by the
Contractor shall not exceed ten percent (lQTu)_.
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 Con tra ctor .
L-5 FIELD ORDERS : The Architect may issue written Fie! d Orders which interpret the Contract Documents , or which order
minor changes in the Work without change in Contract Sum or Cont ract Time . The Contractor sha ll carry out such Field Orders
promptly .
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the re quest 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 Archil eel
or the Owner may request to see such work and it sha ll be uncovered by the Con tractor . 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 Specific alions , the Contractor sha ll pay such costs unless it is fou nd 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 Owner as defective or as failing
to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricate d ,
installed or comp leted . The Contractor shall bear all costs of correcting such reject ed Work , including the cost of the Archile ct's
additional service thereby made necessary .
If, within one year after the Date of Substantial Comp letion or wi thin such longer period of lime as may be prescribed by law o r by
the terms of any applicable special guarantee required by the Contract Documents , any of the work is found to be defective or n ot in
accordance with the Contract Documents , the Contractor shall corre ct it promptly after receipt of a written notice from the Own er to
do so , unless the Owner has previously given the Contracto r a wr itlen acceptance of such condition , describing same spe c ifically
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 sha ll be removed from the site where necessary and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or
correction .
General Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
If the Contra ctor does not remove su ch defe ctive or non -conforming work w ithin a re asonable lime fixed by written notice from l he
Owner, the Owner ma y remove ii and may store the materials or equipment al the expense of the C ontra ctor. If the Contra ctor doe s
not pay the cost of such removal and storage within ten days thereafter , the Owner may upon ten additional days' wrillen noti ce sell
such work al auction or al private sale and shall account fo r the net proceeds thereof, after deducting all the costs that shou Id ha ve
been borne by the Contractor including compensation for additional ar chileclural services . If such proceeds of sale do not cove r all
costs that the Contractor should have borne , the difference s hall be charged lo the Contractor and an appropriate Change Order
shall be issued . If the payments then or thereafter due the Contractor are not suffi cient lo cover su ch amount, the Contra ctor shall
pay the difference lo the Owner .
If the Con tra ctor fails lo correct such defective or non -conformi ng work , lhe Owner may correct ii in accordance with Section G .
The obligation of the Contra ctor under this Section shall be in add ition lo and not in limitation of any obligations imposed up on him
by special guarantees required by the Contra ct Doc uments or otherwise prescribed by law .
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers lo accept defecti ve or non-
conforming work , he may do so instead of requiring its removal a nd correction , in which case a Change O rder will be issued lo
reflect an appropriate reduction in the Contract Sum , or , if the amount is determined after final payment , ii shall be paid by the
Contra ctor .
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CONTRACTOR: If the work is slopped 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 Contra ctor or a Subcontractor or their agents or emp loyees or
any other persons performing any of the work under a contract with the Contractor , or if the work should be slopped for a perio d of
30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may aft er
the end of such period of 30 days and upon seven additional days ' wrillen notice lo the Owner , terminate the Contract.
N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt , or if he makes a general assignment for the
benefit of his creditors , or if a receiver is appointed on account of his insolvency, of if the Contractor refuses , except in c ases for
which extension of lime is provided , lo supply enough properly sk illed workmen or proper materials, or if he fails lo make prom pl
payment to Subcontractors or for materials or labor, or fails to comply with al Laws , Statutes , Charter, Ordinances, Regulation s or
Orders of any public authority having jurisdiction , or otherwise is guilty of a substantial violation of a provision of the Con tract
Documents , then the Owner, on its own initiative that sufficient cause exists lo justify such action , may, without prejudice lo any
rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice , terminate the employme nl of
the Contractor and lake possession of the site and of all male rials , equipment, tools , constru e lion equipment and machinery thereon
owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall
not be entitled lo re ceive any further payment until the Work is finished .
If the costs of fini shing the Work , including compensation fo r the Architect's additional servi ces . exceed the unpaid balance o f the
Contract , the Contractor shall pay the difference lo the Owner.
The City of Fort Worth may terminate this contract in whole , or from time to lime , 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 contra ct is being terminated and t he effective dale of termination. After receipt of lerminalio n the
Contractor shall :
a) Slop work under the Contract on the dale and to th e 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 subcontra cts 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 contra ct pri ce based on the work compl eled ;
provided , however, that the amount of pa yment on termination s hall not ex ceed the total contra ct price as reduced by the portio n
thereof allocatable to the work not completed and further reduced by the amount of payments , if, any otherwise made . Conlraclo r
shall subm it its claim for amounts due after termination as provi ded in this paragraph within 30 days after receipt of such cla im . In
the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this para graph ,
su c h dispute or controversy shall be resolved and be decided by t he 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 lo this contract
SECTION 0
SIGNS
The Contra ctor shall con struct and install th e project designation sign as required in the Contra ct Documents and in str ict
accordan ce with the Spe.cifications for "Project Designatio n Signs .• This sign shall be a part of this Contract and shall be inc luded in
the Contra ctor's Base Bid for the Proje ct.
General Conditions for Facility Constru ction Lump Sum Contra ct
WRMC Western Heritage Parking Garage (October 2008 )
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE : The Contractor shall furnish , erect, and maintain fa cilities and perform temporary work required in the
performance of this Contract, in eluding 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 Contract or as to their proper and most efficien I
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 comple lion of the Contract , all such temporary work and facilities sh all be
removed from the premises and disposed of uni ess otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a le mporary field office or telephone for projects
under $1 ,000,000. Contractor sha ll equip the Project Superintende nt 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. For
construction contracts with a bid price in excess of $1 ,000,000 .00, the Co ntractor shall provide a separate field office for the Ci ty's
field repre se ntative (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 she lf large enough to
accommodate perusal of the project drawings . Openings shall have suitable lo cks. Fi eld offices shall be maintained for the fu II time
during the operation of the work of the Contract. During co ld weather months, the field offices shall be suitably insulated an d
equipped with a healing device to maintain 70 degree Fahrenheit temperature during the workday . During warm weather the office s
shall be equipped with an air condit ioning device to maintain temperature below 75 degrees F . Upon completion of the work oft he
Contract , the Contractor shall remove the building from the prem ises . In addition to the drawing shelf, provide for the City field
represen tatives office : one deck , four chai rs , plan rack and a four drawer filing cabinet (with lock). Each office shall contai n not less
than 120 square feet of floor space .
The Contractor shall provide and maintain storage sheds other tern porary buildings or trailers on the project site as required for his
use . Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed , or as directed .
P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described
above . Service shall be maintained for the du ration of operations under this contract . The Contra ctor shall provide for and pay for an
automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax I ines and
instruments for the City and the Contra cto r .
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 constru ction. 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 th is actual use . The Contractor sha ll provide all labor and materials required
to tap into the utilities . The Contractor shall make the connections and extend the service tin es to the construction area for use of all
trades . Upon comp letion of the work all utility lines shall be removed and repairs made to the existing lines . Only utilities al existing
vo ltages , pressures , frequ encies, etc . will be available to the Contractor.
Water. Provide an ample supply of potable water fo r all purposes of con stru ction at a point convenient to the proj eel or as shown on
the Drawings . Pipe water from the source of supply to all poi nts where water will be required . Provide sufficient hose to car ry water
to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work . Provid e
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 characte ri sties to supply proper current for various types of co nstruction tools , motors , w elding
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 a II trades may be properly and safely performed , in such areas and
at such time that day-lighting is inadequate . Provide at least 0 .75 watts of incandescent lighting per squqr4e foot and mainta in a
socket voltage of at least 110 volts . Use at least 100-watt lamps. In any event , the lighting intensity shall not be less Iha n 5 foot
candles in the vicinity of work and traffi c areas .
P-8 HEATING: Heating devi ces required under this paragraph shall not be electri c . The Contracto r shall provide heat,
ventilation , fuel and services as required to prote ct all work and materials and to keep the humidity down to the extent requir ed to
prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes . All su c h
heating , ventilation and services sha ll 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) Al all times during the placing , selti ng and curing of concrete provide sufficient heat to insure the heating of the spaces
involved to not less than 40 F .
General Co nditions for Facility Constru ction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
b) From the beginning of the appli cation of drywall and during the setting and curing period , provide sufficient heat to produc ea
temperature in the spaces invo lved 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 pai nling ,
decorating and laying of resilient flooring materials , provide sufficient heat to pr oduce 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 , sea ffolding , hoisting equipmen t, rubbish chutes, ladders to roof,
barricades around openings , and all other temporary work as required to complete all work of the Con tra ct. Con tra ctor shall
coordinate the use and furnishing of scaffolds with his sub-contractors .
The Contractor shall provide , maintain , and remove upon comp letion of the work , or sooner, if authorized by the Owner, all fenc es,
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 limes , whether from
underground seepage , rainfall , drainage of broken lines .
The Contractor shall ma intain provision for closing and locking t he building at such lime as possible to do so . If this is not feasible,
maintain a night
The Contractor shall provide and maintain all barricades or enclo sures , required to protect the work in progress from outside
elements, dusts , and other disturbances as a result of work under this Contract. Su ch protection sha ll be positive , shall meet the
approval of the Owner and shall be maintained for the duration of the construction period or as r equired to provide for the protection
as specified .
P-10 PROJECT BULLETIN BOARD : The Contractor shall furnish , install and main lain during the life of the project a weather-
light bulletin board approximately 3 feet high by 5 feet wide hav ing not less than two hinged or sliding glass doors with provi sions for
locking . The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees
of the Contrac tor and sub-contractors , and to applicants for employment. The bulletin board shall remain the property of the
Contractor and sha ll be removed by him upon completion of the Contract work . The following inform ation which will be furnished by
the City to the Contra ctor shall be posted on the bulletin boar d and shall be maintained by the Co ntractor in easily readable
condition al all limes for the duration of the Contract.
a . The Equal Opportunity Poster and Noti ce Nondisc rimination of Employment (Standard Form 38).
b . Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the
Davis-Bacon Act.
c. Safety Posters .
SECTION Q
VENUE
Should any action arise out of the terms and conditions of this contract, venue for sa id action shall lie in Tarrant County , Texas.
Genera l Conditions for Facility Construction Lump Sum Contract
WRMC Western Heritage Parking Garage (October 2008)
CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT (LUMP SUM)
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
KNOW ALL BY THESE PRESENTS :
This agreement made and entered into this the 3rd day of February A.O., 2009,
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.O. 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 W.G. Yates & Sons Construction Company 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:
Western Heritage Parking Garage at Will Rogers Memorial Center
1400 Gendy Street
Fort Worth , Texas
Project No. P249 -251060124080
That the work herein contemplated shall consist of furnish ing as an independent
contractor all labor, tools , appliances and materials necessary for the construc-
tion and completion of said project in accordance with the Plans and Specifica-
tions 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.
Western Heritage Parking Garage at WRMC February 2009
The agreed upon total contract amount shall be $16,664,000 .00. The contract is
for the Base Bid of $16,650,000.00 and Alternate No. 4 (Paint all interior surfaces
of SE and SW atriums and NW light box) (additional $14,000.00). Contractor
agrees to complete the project, suitable for occupancy and beneficial use, within
280 calendar days.
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:
• Statutory limits
• Employer's liability
• $100,000 disease each employee
• $500 ,000 disease policy limit
• $100,000 each accident
b. COMMERCIAL GENERAL LIABILITY INSURANCE: The
Contractor shall procure and shall maintain during the life of this contract
public liability insurance coverage in the form of a Commercial General
Liability insurance policy to cover bodily injury, including death, and
property damage at the following limits: $1 ,000,000 each occurrence and
$2,000,000 aggregate limit.
• The insurance shall be provided on a project specific basis and
shall be endorsed accordingly.
• The insurance shall include, but not be limited to, contingent
liability for independent contractors, XCU coverage, and
contractual liability.
c: BUSINESS AUTOMOBILE LIABILITY:
• $1,000,000 each accident
• The policy shall cover any auto used in the course of the
project
Western Heritage Parking Garage at WRMC February 2009
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.
f. 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.
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, 1000 Throckmorton 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.
Western Heritage Parking Garage at WRMC February 2009
d. Each insurance policy shall be endorsed to provide the Owner a
minimum thirty days notice of cancellation, non-renewal, and/or material
change in policy terms or coverage. A ten days notice shall be acceptable
in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas
and have a current A.M. Best rating of A:VII or equivalent measure of
financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy
must not exceed $10,000. per occurrence unless otherwise approved by
the Owner.
g. In lieu of traditional insurance, Owner may consider alternative
coverage or risk treatment measures through insurance pools or risk
retention groups. The Owner must approve in writing any alternative
coverage.
h. Workers' compensation insurance policy(s) covering employees
employed on the project shall be endorsed with a waiver of subrogation
providing rights of recovery in favor of the Owner.
i. Owner shall not be responsible for the direct payment of insurance
premium costs for contractor's insurance.
j . Contractor's insurance policies shall each be endorsed to provide
that such insurance is primary protection and any self-funded or
commercial coverage maintained by Owner shall not be called upon to
contribute to loss recovery.
k. In the course of the project, Contractor shall report, in a timely
manner, to Owner's officially designated contract administrator any known
loss occurrence which could give rise to a liability claim or lawsuit or which
could result in a property loss.
I. Contractor's liability shall not be limited to the specified amounts of
insurance required herein.
m. Upon the request of Owner, Contractor shall provide complete
copies of all insurance policies required by these contract documents.
If this Contract is in excess of $25,000, the Contractor shall provide a Payment
Bond in the full amount of the contract. If the contract is in excess of $100,000
Contractor shall provide both Payment and Performance Bonds for the full
amount of the contract. Contractor shall apply for all City of Fort Worth Permits
Western Heritage Parking Garage at WRMC February 2009
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 thereafter become due him , the
liquidated damages outlined in the General Conditions, not as a penalty but as
liquidated damages , the Contractor and his Surety shall be liable to the Owner
for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be
signed in four counterparts in its name and on its behalf by the City Manager and
attested by its Secretary, with the corporate seal of the City of Fort Worth
attached. The Contractor has executed this instrument through its duly
authorized officers in six counterparts with its corporate seal attached.
Done in Fort Worth , Texas , this the ·~day of f;:b~ A.O., 2009.
W.G. Yates & Sons Construction Company
...
By:
L. Douglas ompson , Jr.
Vice-Presi ent, Texas
APPROVAL RECOMMENDED :
By : .?< Lb~~L ~ William A. ~rkest~Director
Transportation & Public Works Dept
Western Heritage Park ing Garage at WRMC
APPROVED :
CITY OF FORT WORTH
By5...,..,1(:/
Fernando Costa
Assistant City Manager
RECORDED :
M&C C-23328 (February 3, 2009)
Contract Authorization
Date : --------
OFFICIAL RECORD '
CITVSECRETARV
FT. WORTH, TX
February 2009
THE STATE OF TEXAS
COUNTY OF TARRANT
Bond# PRF 8954312 -F&D/Colon ial Ame r ican
Bond# 10 51 804 5 7 -Travelers
PERFORMANCE BOND
§
§
§
KNOW ALL BY THESE PRESENTS:
That we , (1) W.G. Yates & Sons Construction Company, as Prin cipa l here in, and
1~FTDFLl1Y & DEF(EIT CXMPANY OF MARYLAND & Cll.CfilAL AMERICAN CASOO,TI AND SURETY CXMPANY
(2)-i:~XRAYETERS CASIIAJJY AND SURETY CU1PANY CF AMERICA , a
corporation organ ized under the laws of the State of (3) _1M);..;;;..._-_**CT-"----------
and who is authorized to issue surety bonds i n th e State of Texas , Surety here in , are held
and firmly bound unto the C ity of Fort Worth, a municipal corporation located in Tarrant
and Denton Counties , Texas , Obl ige e herein , in the sum of Sixteen-Million & Six-
Hundred & Sixty-Four-Thousand & No Cents Dolla rs ($16,664,000.00 } for the payment
of which sum we bind ourselves , our heirs , executors, adm inistrators , successors and
assigns, jointly and severally , firmly by these presents .
WHEREAS , Principal has entered i nto a certa in written con t ra ct with the Obligee
dated the 3rd day of February , 2009 , a copy of which is attached hereto and made a
part hereof for all purposes , for the construction of Western Heritage Parking Garage at
Will Rogers Memorial Center, Project No. P249 -251060124080 .
NOW, THEREFORE, the co n d it ion of this obl igation is such , if the said Princ ipa l
shall faithfully perform the work in accordance with the plans , sp ecificat ions , and contract
documents and shal l fully in demnify and hold harmless t h e Obl ig ee from all cost s an d
damages which Obligee may suffer by reason of Prin c ipal 's default, and re imb urse an d
repay Obl igee for a ll outlay and expense that Obl igee may in c ur in mak ing good such
defau lt , then this obligation shall be void ; otherwise , to remain in full force and effect.
PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of
the Texas Government Co d e , as amended , and all liabi li t ies on t his bond shall be
determined in accordance with the provis ions of su c h statute, to the same extent as if it
were cop ied at lengt h herein.
IN WITNESS WHEREOF, the duly authorized rep resen tatives of the Princ ipal an d
the Surety have executed this instrument.
Wes tern Heritage Parki ng Ga rage at WRMC Febrnary 2009
SIGNED and SEALED th is _12_th ___ day of February , 2009 .
ATTEST:
ATTEST:
Secretary
(S EAL)
NOTES: (1)
(2)
(3)
W. G. YATES & SONS CONSTRUCTION COMPANY
PRINCIPAL
By : ~; -:_ -1 L
-~ fl
Name: \ 0 ~ ~\\~ '-'.:::J, Ll A-ks J \. \
Title: ~ '(e':>"\ck.~~
Address: \ \'5 Nvl.:\IJ\. ~+
~\\o,q ~ .1 VV\-S 3SS 3o
*FIDELITY & DEPOSIT CO MPANY OF MARYLAND
*COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
**TRAVELERS CASUALTY AND SURETY COMPANY
OF AMERIC
SURET
Name: Georg F. Burnett
Attorney in Fact
Address :*3910 Keswick Road
· Baltimore, MD 21211
**One Tower Square -13 CZ
Hartford, CT 06183-6014
Telephone No .: *(813)354-2205
**(800 )872-852 7
Correct name of Principa l (Contractor).
Correct name of Surety.
State of incorporation of Surety
Telephone number of surety must be stated. In addition, an original copy of Power
of Attorn ey shall be attached to Bond by the Attorney-in-Fact.
The date of bond shall not be prior to date of Contract.
Western Heritage Parking Garage at WRMC February 2009
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
Bond# PRF 8954 312 -F&D /Col onial Amer i can
Bond# 10 5 1804 57 -Tra velers
PAYMENT BOND
KNOW ALL BY THESE PRESENTS :
That we, ~W.G. Yates & Sons Construction Com~~ as Princ i pal here i n, and
*FmJTI & D II' UWANY Of ' MARYLAND & m::rnm AMERICAN (( :IY AND SUREIY CXl1PANY
(2)-)h'l-'JRAVEIERS CASUAL'IY AND SUREIY CXMPANY OF AMERICA . a corporation
organized and e xi sting under the laws of the State of (3 ) ,_(MJ)_-_*'A_*CT ______ , as
surety, are held and firmly bound unto the City of Fort Worth, a municipal corporat ion
located i n Tarrant and Denton Counties, Texas, Obligee herein , in the amount of Sixteen-
Million & Six-Hundred & Sixty-Four-Thousand & No Cents Dollars ($16,664,000.00) for
the payment whereof, the sa id Principal and Surety bind themselves and the i r he i rs,
executors , admin istrators, successors and assigns , jointly and severally, firmly by th e se
present s :
WHEREAS, the Pri ncipal has entered into a certain writte n co ntract with the Obli gee
dated the 3rd day of February , 2009, which contract is he reby referred to and made a
part hereof as if f u lly and to the same extent as if c op ied at le ngth , for the follow ing project:
Construct Western Heritage Parking Garage at Will Rogers Memorial Center, Project
No. P249 • 251060124080.
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH , that if
the said Principal shall fa it hfully make paymen t to each an d e ve ry c la imant (as d efi ned in
Chapter 2253 , Texas Government Code, as amended ) su p plying labor or mate rials in th e
prosecution of the work under the contract, then this ob li ga ti on sha ll be void ; o t herwise , to
rema in in full force and effect.
PROVIDED, HOWEVER, that this bond is e x ecu t ed pursuant to Chapter 2253 of
the Texas Governm e nt Code , as amended , and all liabil it ies on this bond shall be
determined in acco rdance w ith the provisions of s ai d statute , to the same extent as if it
were cop ied at length herein .
IN WITNESS WHEREOF, the duly authorized rep res en ta t ives of the Principal and
the Surety have executed this instrument.
Western Her itage P arki ng Garage at WRMC February 2009
SIGNED and SEALED this _1_2_th ___ day of ___ Fe_b_r_u_a-'ry'-------' 2009 .
ATTEST:
Secretary
(SEAL)
NOTES: ( 1)
(2)
(3)
W. G. YATES & SONS CONSTRUCTION COMPANY
PRINCIPAL
-lcF IDELITY & DEPOSIT COMPANY OF MARYLAND
-l}CO LONIAL AMERICAN CASUALTY AND SURETY COMPANY
,HcTRAVELER CASUALTY AND SURETY COMPANY OF AMERIC
SURET
Name: George F . Burnett
Attorney in Fact
Address: *39 10 Keswick Road
Baltimore, MD 21211
**One Tower Square -13 CZ
Hartford, CT Q6J83-6DJ4
Telephone No.: 1~(813)354-2205
-H(800)872-8527
Correct name of Principal (Contractor).
Correct name of Surety.
State of incorporation of Surety
Telephone number of surety must be stated . In add ition , an origina l copy of Power
of Attorney shall be attached to Bond by the Attorney -i n-Fact.
The date of bond shall not be prior to date of Contract.
Western Heritage Parking Garage at WRMC February 2009
Bond# 8954 3 12 -F&D /Colonial American
Bond# 105180457 -Travel e rs
THE STATE OF TEXAS
COUNTY OF TARRANT
§
§
§
MAINTENANCE BOND
KNOW ALL BY THESE PRESENTS :
. That W.G. Yates & Sons Construction Co.!!!.Qany ("Contra ctor "), as princ ip a l, and ,
*FIIBLTIY & DEREII' CIWANY OF' MM'IAND & CDiffilAL AMERICAN CASUALTY AND SURETY CXM'ANY
**'IWt.VFT FR£ CASUAL'IY AND SUREI'Y <XM>ANY OF ~CA
____ a corporation organized under the laws of the Sta te of .JIMD -*'CT ("Surety"), do
hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a
Municipal Corporat ion chartered by v irtue of Constitution and laws of the State of Te xas , ("City ")
in Tarrant County, Texas , the sum of One-Hundred & Fifty-Thousand & No Cents
Dollars($150,000.00), lawful money of the Un ited States, for payment of which sum well and truly
be made unto said City and its successors, said Contractor and Surety do hereby bind themse lves ,
their heirs, executors, administrators, assigns and successors, jointly and severally .
This obligation is conditioned, however, tha t:
WHEREAS, said Con tractor has this day entered into a written Contract with the C ity of Fort
Worth, da ted the 3 r d of February , 2009, a copy of which is hereto attached and made a part
hereof, for the performance of the follow ing described public improve me nts : of the Western
Heritage Parking Garage at Will Rogers Memorial Center the same being referred to
herein and in sa id contract as the Work and be ing des ignated as project numbe r(s) Project No.
P249 -251060124080 and sa id contract, including all of the specificat ions, cond itions , addenda ,
change orders and written instruments referred to there in as Contract Documents being
incorporated here in and being made a part hereof; and ,
WHEREAS , in sa id Contract, Contractor binds itself to use such materials and to so
construct the work that it will rema in in good repa ir and condi tion for and d ur ing a period of after the
date of the final acceptance of the work by the City ; and
WHEREAS , said Contractor bi nds itself to maintain sa id work in good repa ir and condit ion
for said term of Two Year ; and
WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part
at any time w ithin said period , if in the opinion of the Director of the City of Fort Worth Department
of Engineering, it be necessary; and,
WHEREAS , sa id Contractor binds itse lf , upon receiving notice of the need therefore to
repair or reconstruct said Work as herein provided .
W estern H erit age Parki ng Garage at W RMC Febru ar y 20 09
NOW THEREFORE, if said Contractor shall keep and perform its said agreement to
maintain, repair or reconstruct said Work in accordance with all the terms and conditions of said
Contract, these presents shall be null and void, and have no force or effect . Otherwise , this Bond
shall be and remain in full force and effect, and the City shall have and recover from Contractor
and Surety damages in the premises as prescribed by said Contract.
This obligation shall be a continuing one and successive recoveries may be had hereon for
successive breaches until the full amount hereof is exhausted.
IN WITNESS WHEREOF, this instrum ent is executed in _6_ counterparts, each of which
shall be deemed an original, this 12th day of Februarv , AD . 2009 .
ATTEST:
Secretary
(SEAL)
We stern Heritage Parking Garage at WRMC
W. G. YATES & SONS CONSTRUCTION COMPANY
PRINCIPAL
<; I (
Title:--~~~~~-------
Address: 11 ~ )/101, i K.. S-f-rr e_ e_-f-
~ ~ ION t' ~ (VI .$ 3 9530
*FIDELITY & DEPOSIT COMPANY OF MARYLAND
*COLONIAL AMERICAN CASUALTY AND SURETY COMPANY
~Hi-TRAVELERS CASUALTY AND SURETY COMPANY
OF AME A
Address : *3910 Keswick Road
Baltimore, MD 21211
-:H-One Tower Square -13 CZ
Hartford, CT 06183-6014
Telephone Number: *(813)354-2205
*-*(800)872-8527
February 2009
Power of Attorney
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY
KNOW ALL MEN BY THESE PRESENTS: That the FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY , corporations ofthe_,Sf~\O,Q.,taryland, by PAUL C.
ROGERS , Vice Presi_dent , and~-E. S~ITH, Assistant Secretary, in p~rsuan~-~,u~f~")&µt"€~Y Article \1 , Section 2 ,
of the By-Laws of srud Comparues, which are set forth on the reverse ~l~l'.5<N~ arenereq~i'6"{ied to be m full force
and effect on the date hereof, does hereby nominate, con~f~ii®"~£i\.~6r~ ~i\lH!~i'{f;.e'tid Virgini a D. BATES,
both of Phil adelphia, Mississippi, EAC H its tr~~!:o1;tJagooYanq Aau · .ef.d[K~·?tC make, execute, seal and deliver,
for, and on its behalf as surety , and as.i~~raiJd ~a,~\i-'y ar,~11 n"h'Jii~J). \rii'dertakings and the execution of such
bonds or undertaki ngs in P~A1~?~~di.pi."'1?sen~~f1i\1'\®.fbindf~'g"upon said Companies, as fully and amply, to all
intents and purnoses.,~~'l,~'1-JlaWbeen .duJy~t~alhl acknowledged by the regularly elected officers of the Company at . r T "_:::i e) 'i\'.J>i .. r r'\' _":'..l , t"')'-.:.~W
its office in Baltimole, ., lu-~h¢./6\x}ri\~'.9Pei"f5ersons .
.. , r:~-I "' I I \ \J"C, The said Assistant $Ifexer '()foes 'tiereby certify that the extract set forth on the reverse side hereof is a tme copy of Alticle VI,
Section 2, of the By-Ll,fs\i said Companies, and is now in force.
IN WITNESS WHEREOF, the said Vice-President and Assistant Secretary have hereunto subscribed their names and
affixed the Corporate Seals of the said FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL
AMERICAN CASUALTY AND SURETY COMPANY, this 29th day of September, A.O . 2003 .
ATTEST:
T. E. Smith
State of Maryland } ss :
City of Baltimore
FIDELITY AND DEPOSIT COMPANY OF MARYLAND
COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY
By:
Assistant Secretary Paul C. Rogers Vice President
On this 29th day of September, A.D. 2003, before the subscriber, a Notary Public of the State of Maryland, dul y
commissioned and qualified, came PAUL C. ROGERS, Vice President, and T. E. SMITH, Assistant Secretary of the
FIDELITY AND DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND
SURETY COMPANY, to me personally known to be the individuals and officers described in and who executed the
preceding instrument, and they each acknowledged the execution of the same, and being by me duly sworn, severally and
each for himself deposeth and saith, that they are the said officers of the Companies aforesaid , and that the seals affixed to the
preceding instrument is the Corporate Seals of said Companies, and that the said Corporate Seals and their signatures as such
officers were duly affixed and subscribed to the said instmment by the authority and direction of the said Corporations.
IN TESTIMONY WHEREOF. I have hereunto set my hand and affixed my Official Seal the day and year first above
written.
Dennis R. Ha y den Notary Public
My Commission Expires : Febmary 1, 2005
POA-F 164-3753A
EXTRACT FROM BY-LAWS OF FIDELITY AND DEPOSIT COMPANY OF MARYLAND
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries , to appoint Resident
Vice-Presidents, Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require, or to
authorize any person or persons to execute on behalf of the Company any bonds, undertaking, recognizances , stipulations,
policies, contracts , agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto."
EXTRACT FROM BY-LAWS OF COLONIAL AMERICAN CASUAL TY AND SURETY COMPANY
"Article VI, Section 2. The Chairman of the Board, or the President, or any Executive Vice-President, or any of the Senior
Vice-Presidents or Vice-Presidents specially authorized so to do by the Board of Directors or by the Executive Committee,
shall have power, by and with the concurrence of the Secretary or any one of the Assistant Secretaries, to appoint Resident
Vice-Presidents , Assistant Vice-Presidents and Attorneys-in-Fact as the business of the Company may require , or to
authorize any person or persons to execute on behalf of the Company any bonds , undertaking, recognizances, stipulations,
policies , contracts, agreements, deeds, and releases and assignments of judgements, decrees, mortgages and instruments in
the nature of mortgages, ... and to affix the seal of the Company thereto."
CERTIFICATE
I, the undersigned, Assistant Secretary of the FIDELITY AND DEPOSIT COMPANY OF MARYLAND , and the
COLONIAL AMERICAN CASUALTY AND SURETY COMPANY, do hereby certify that the foregoing Power of
Attorney is still in full force and effect on the date of this certificate; and I do further ce1tify that the Vice-President who
executed the said Power of Attorney was one of the additional Vice-Presidents specially authorized by the Board of Directors
to appoint any Attorney -in-Fact as provided in Article VI, Section 2 , of the respective By-Laws of the FIDELITY AND
DEPOSIT COMPANY OF MARYLAND, and the COLONIAL AMERICAN CASUALTY AND SURETY COMPANY .
This Power of Attorney and Certificate may be signed by facsimile under and by authority of the following resolution of the
Board of Directors of the FIDELITY AND DEPOSIT COMP ANY OF MARYLAND at a meeting duly called and held on
the 10th day of May, 1990 and of the Board of Directors of the COLONIAL AMERICAN CASUALTY AND SURETY
COMPANY at a meeting duly called and held on the 5th day of May, 1994.
RESOLVED: "That the facsimile or mechanically reproduced seal of the company and facsimile or mechanically
reproduced signature of any Vice-President, Secretary, or Assistant Secretary of the Company, whether made heretofore or
hereafter, wherever appearing upon a certified copy of any power of attorney issued by the Company, shall be valid and
binding upon the Company with the same force and effect as though manually affixed."
IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seals of the said Companies,
this 12th day of ___ B_eb_ruary _______ _
Ass istant Secreta ry
...... WARNING : THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
POWER OF ATTORNEY TRAVELERS J Farmington Casualty Company
Fidelity and Guaranty Insurance Company
Fidelity and Guaranty Insurance Underwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine Insurance Company
Attorney-In Fact No. 216577
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
Certificate No. 0 Q 2 3 4 3 6 8 5
KNOW ALL MEN BY THESE PRESENTS : That Seaboard Surety Company is a corporation duly organ ized under the law s of th e State of New York, that St. Paul
Fire and Marine Ins urance Company, St. Paul G uardian In surance Company and St. Pau l Mercury In surance Company are corporati ons duly organized under the laws
of the State of Minnesota, that Farmington Casualty Company, Travelers Casualt y and Surety Company, and Travelers Casualty a nd Surety Company of America are
corporations duly organized under the laws of the State of Connecticut, that United States Fidelity and Guaranty Company is a corporation duly organized under the
laws of the State of Maryland , that Fidelity and Guaranty In surance Company is a corporation duly organized under th e laws of the State of Iowa, and that Fidelity and
Guaranty In surance U nderwriters, Inc . is a corporation dul y organi zed under th e laws of the State of Wisconsin (herein collective ly call ed the "Companies"), and that
th e Companies do hereby make , co nstitute and appoint
Virginia Dell Bates, George F. Burnett, and Allen D. Hardy
Philadelphia Mississippi of the City of , State of , their tru e and lawful Attorney(s)-in-Fact,
each in their separate capacity if more than one is named above , to sign, execute, sea l and acknowledge a ny and all bonds, recognizances, conditional undertakin gs and
other w ritin gs obligatory in the nature thereof on behalf of the Companies in their business of ouaranteei ng the fidelity of pe rso ns, guaranteei ng the performance of
contracts and executi ng or guaranteeing bonds and un dertakings required o~\.41,i tt d in an ~etion s 05-~~ceedings a ll owed by law.
~ t,.. ~!;. 0 N\:~ 4"'-~ ~) ~
14th ... j ,.
IN WITNlj§l\~HEREOF, the Comi:>2006 have caused thi s in strumeit)to 1:-signet;! ·a~ the"i ~orporate sea ls to be hereto affixed, thi s-----------
day of '.\" • , '
State of Connecticut
City of Hartford ss .
14th
\..;\ ~~
Farmington Casualty Cc;, p3JJ -<" l .. ~\)
Fidelity and Guaranty ~nsurar,ce CompanY, 0
Fidelity and Guaranty In surance ~nderwriters, Inc.
Seaboard Surety Company
St. Paul Fire and Marine In surance Company
By:
June 2006
St. Paul Guardian Insurance Company
St. Paul Mercury Insurance Company
Travelers Casualty and Surety Company
Travelers Casualty and Surety Company of America
United States Fidelity and Guaranty Company
On thi s the day of , before me personally appeared George W. Thompson , who acknowledged him se lf
to be the Senior Vic e President of Farmington Casualty Company, Fidelity a nd Guaranty Insurance Company, Fidelity and Guaranty In suran ce Underwriters, Inc.,
Seaboard Surety Company, St. Pau l Fire and Marine In surance Company, St. Paul G uardian In surance Company, St. Paul Mercury In surance Company, Travelers
Casualt y and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he , as such, bein g
a uth orized so to do, executed the foregoing in strument for the purposes therein contained by signing on behalf of the corporations by him se lf as a duly authorized officer.
In Witness Whereof, I hereunto set my hand and official se al.
My Com mi ssion expires th e 30th day of Jun e, 2011.
58440-5-07 Printed in U.S.A.
\.. Mari e C. Tetreault, Notary Public
WARNING: THIS POWER OF ATIORNEY IS INVALID WITHOUT THE RED BORDER
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
This Power of Attorney is granted under a nd by the authority of th e following re so lution s adopted by the Boards of Directors of Farmington Casualty Company, Fidelity
and Guaranty In surance Company, Fide lity and Gu ara nty In surance Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine Insurance Company,
St. Paul Guardian Ins urance Company, St . Paul Merc ury In surance Com pany, Tra ve lers Casualty and Surety Company, Travelers Casualty and Surety Company of
America, and United States Fidelity and Guaranty Company, which reso luti ons are now in full force and effect, readin g as follows:
RESOLVED , that the Chairman, th e Pres ident , a ny Vice Chairman, a ny Executive Vic e Pres ident, any Senior Vice Pre sid e nt , any Vice President, any Second Vice
President, the Treas urer, any Assistant Treas urer, the Corpora te Secretary or any Ass istant Secretary may appoint Attorneys-in-Fact and Agents to act for and on behalf
of the Company and m ay g ive such appointee such authority as hi s o r her certifi cate of a uth orit y may presc ribe to s ign with the Company 's nam e and seal with the
Company 's sea l bonds , recogni za nces, contracts of indemnity, and oth er writings obligatory in th e nature of a bond , recognizance, or conditional undertaking, and any
of said officers or the Board of Direc to rs at any tim e may re move any such appo intee and revoke th e powe r given him or he r; and it is
FURTHER RESOLVED , th at the Chairman , th e Presid e nt , any Vice Chairman, a ny Executive Vice Pres ident , any Senior Vice President or any Vice President may
delegate all or any part of the foregoing authorit y to one or more officers or empl oyees of thi s Company, provided that each such delegation is in writ in g a nd a copy
thereof is filed in the office of the Secretary: and it is
FURTHER RESOLVED , that any bond , recogni za nce, contract of indemnity, or writing obligatory in th e nature of a bond , recognizance, or conditional undertaking
shall be va lid and binding upon the Company when (a) sig ned by the President, any Vice Chairman, any Ex ec utive Vice Pres ident , any Senior Vice President or any Vice
President, any Second Vi ce Pres id e nt , th e Treasurer, a ny Assistant Treasure r, th e Corporate Sec retary or any Assistant Secretary and duly attested and sea led with the
Company 's seal by a Secretary or Ass istant Secretary; or (b) dul y executed (und er seal, if required) by one or more Attorneys-in-Fact and Agents pursuant to the power
presc ribed in hi s or her certificate or their certificates of authority or by one or more Company o fficer s pursuant to a written delegation of authority ; and it is
FURTHER RESOLVED, that the signature of each of th e following officers : Pres ident , any Executive Vice Presid ent, any Senior Vi ce Pres ident, any Vice President,
any Assi stant Vice President, any Secreta ry, a ny Assistant Secretary, and the seal of th e Company may be affixed by facsimile to any power of attorney or to any certificate
relating thereto a ppointing Res ident Vice Pres idents, Res ident Assistant Secretaries or Attorneys-in-Fact for purposes on ly of executing and attesting bonds and
undertakings and other writings obligatory in the nature thereof, and a ny s uch power of attorney or certificate bea ring such fac si mile signature or facsimi le seal shall be
valid and binding upon the Company and a ny such power so executed and certified by suc h facsimile signature and facsimile seal shall be va lid and binding on th e
Company in th e future with respect to any bond or understa ndin g to which it is attached.
I, Kori M. Johan so n, th e unders igned , Assistant Secretary, of Farmington Cas ualty Company, Fid e lity a nd Guaranty Insurance Company, Fidelity and Guaranty In surance
Underwriters, Inc., Seaboard Surety Company, St. Paul Fire and Marine In surance Company, St. Paul Gu ardian Insurance Company, St. Paul Mercury Insurance
Company, Travelers Casualty and Surety Company, Travelers Casualty and Sure ty Company of America, and Un ited States Fidelity and Guaranty Company do hereby
certify that the above and foregoing is a true and correct copy of the Power of Attorney executed by sa id Companies, whi c h is in full force a nd effect and has not been
revoked.
IN TESTIMONY WHEREOF, I have he re unto set m y hand and affixed the seal s o f said Companies thi s 12th day of __ B_e=b~ruary~~----· 20 00 .
Kori M. Johans
To ve rify the authenticity of thi s Power of Attorney, call 1-800-42 1-3880 or contact us at www.trave lersbond.com. Please re fer to the Attorney-In-Fact number, the
above-named individu a ls and the details of th e bond to which the power is attac hed.
WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor
certifies that it provides worker's compensation insurance coverage for all of its
employees employed on City of Fort Worth project :
Western Heritage Parking Garage at Will Rogers Memorial Center
1400 Gendy Street
Fort Worth, Texas
Project No . P249 -251060124080
By: --=Z_
i{ce. Ji
Title
12 , 2009
Date
STATE OF TEXAS §
§
COUNTY OF TARRANT §
BEFORE ME , the undersigned authority, on this day personally appeared L . Po ~h ...s ~Q., Tc. , known to me to be the
person whs e namei subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and deed of
th·ce hsidd of W-~-¥ale.> +-.~as /};n sfrud,,·11)1 , for the purposes
and considerations thereine xpressed and in the capacity therein stated .
GIVEN UNDER MY HAND AND SEAL OF OFFICE this
fi,J;rµt:U"r . 2009.
~'.'f"•,,,, TIFFANEY D. KELLEY ?f:i?l) MY COMMISSION EXPIRES
iz..;;.. ••• ~· March a. 2012 'i,f,,W.,~' ...
/2~ay of •
(a) Contractor agrees to provide to the City a cert ificate showing that it has
obtained a policy of workers compensation insurance covering each of its
employees on the project in compliance with state law. No Notice to
Proceed will be issued until the Contractor has complied with this section .
(b) 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 City.
Wes tern Her itage Parking Garage at WRMC February 2009
. 1
I ;
· 1
1 1/2"
1 1/4"
FORTWORTH
1·-1 1/4'"
-Ju
Project Title 3"'
4"-0"'
4"'
1 1/2"' Arohltect:
2 1/2·· 1 2" Architects Name 1' Contractor: 1 1/2"
2 1/2"
1 · 2" Contractors Name
1 3/4"
1"
2 1/2"
SCHEDULED COMPLETION DATE 1 1/2" , ..
YEAR 1 1/2"
1 1/4"'
1 1 2"
4•-011·
SIGN IS WHITE WllH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE,
CONTRACTOR, BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA.
CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CITY OF FORT
WOR1H REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288 BLUE. THE "MOU_ Y" LOGO IS PMS 725 EiR6WN.
I
-
-
Official site of the City of Fort Worth , Texas
CITY COUNCIL AGENDA fORTWORTH
~
DATE:
CODE:
SUBJECT:
COUNCIL ACTION: Approved on 2/3/2009 • Ord. No.18469-02-2009
2/3/2009 REFERENCE NO.: C-23328 LOG NAME: 20WRMCWHPG
C TYPE: NON CONSENT PUBLIC NO -HEARING:
Authorize Construction Contract in the Amount of $16,664,000 .00 with W .G. Yates and
Sons Construction Company to Construct Western Heritage Parking
Garage; Authorize Design Procurement Agreement in the Amount of $500,000 .00 with
Events Facilities Fort Worth, Inc.; Adopt Appropriation Ordinance Increasing Estimated
Receipts and Appropriations in the Western Heritage Parking Garage Fund for Proceeds
from the Sale of Combination Tax and Will Rogers Memorial Center Complex Parking
Revenue Certificates of Obligations, Series 2009
RECOMMENDATION:
It is recommended that the City Council:
1. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by the
amount of $24,423,833.46 in the Western Heritage Parking Garage Fund (unspecified); and $2,711,166 .54
in the Parking Building Debt Service Fund from the sale of Combination Tax and Will Rogers Memorial
Center Complex Parking Revenue Certificates of Obligations, Series 2009; and
2. Appropriate $21 ,110,103.46 for the parking garage construction project; and
3. Authorize the City Manager to execute a construction contract in the amount of $16,664,000.00 with
W.G. Yates and Sons Construction Company to construct Western Heritage Parking Garage at Will Rogers
Memorial Center; and
4. Authorize the City Manager to execute a design procurement agreement in the amount of $500,000 .00
with Events Facilities Fort Worth , Inc.
DISCUSSION:
On November 11 , 2008, (M&C G-16355) the City Council adopted the ordinance providing for the issuance
of City of Fort Worth , Texas, Combination Tax and Will Rogers Memorial Center Complex Parking Revenue
Certificates of Obligation in an aggregate principal amount not to exceed $35,000,000 .00; establishing
parameters regarding the sale of the Certificates of Obligation (CO); approving the execution of a Purchase
Agreement and ordaining other matters relating to the subject. The estimated costs included the design and
construction related costs of the parking system improvements as well as the additional costs of financing
and other related expenses.
The planned Will Rogers Memorial Center (WRMC) parking system improvements include four major
components: parking garage construction ($21,110 ,103.46) addressed in this M&C, overall parking system
improvements including gates and controls at surface parking lots ($2 ,700,000.00), landscaping of Gendy
and Watonga Streets ($280,450 .00), and Public Art for the parking garage ($333,280.00). The total of these
four projects is estimated at $24,423,833.46 . The CO issuance cost ($350,080 .00) and capitalized interest
($2,361,086.54) brings the project total estimated cost to $27,135,000.00 .
This M&C seeks authorization to execute a construction contract and a Design Procurement Agreement
(Agreement) for the parking garage component. The exterior parking system improvements, landscaping and
public art components will be addressed in separate M&Cs and awarded as separate contracts to achieve
better pricing and to attract the most qualified contractors for each component. Staff will return at a later date
to seek City Council approval for the other three projects.
Events Facilities Fort Worth, Inc., (EFFW) provided certain services related to long term planning for the
WRMC , including retaining an architect to perform the design of a new City parking structure . EFFW agreed
to provide such services in support of the WRMC campus and various events on behalf of the long term
planning for the campus by EFFW. The City has agreed to reimburse EFFW an amount of $500,000.00 for a
portion of the costs incurred by EFFW in providing such services.
The Request for Competitive Sealed Proposals for the parking garage construction was advertised in the Fort
Worth Star-Telegram on October 2, 2008, and October 9, 2008. The following proposals were received: -
W.G. Yates and Sons Construction Company (with add alternate} $16,664,000.00
Add Alternate , Paint Interior Surfaces of Southeast and Southwest Atriums and
Northwest Light Box
Austin Commercial (with add alternate)
Sedalco (with add alternate)
Balfour Beatty Construction (with add alternate)
Thomas S. Byrne (with add alternate)
$17 ,355,000 .00
$17,812,000 .00
$20,015 ,500.00
$21,432,319 .00
Based on a weighted matrix including price, schedule, M/WBE participation , reputation and experience,
W.G . Yates and Sons Construction Company was determined to offer the best value for the City.
The overall project cost for the parking garage is expected to be :
Design
Construction
Utilities, ITS, Geotech , Contingency, FF&E, Staff
Total
$500,000 .00
$16,664,000.00
$3,946.103.46
$21 ,110,103.46
W.G. Yates and Sons Construction Company is in compliance with the City's M/WBE Ordinance by
committing to 48 percent M/WBE participation. The City's goal for this project is 27 percent.
The project is physically located in COUNCIL DISTRICT 7, but will serve Fort Worth residents in ALL
COUNCIL DISTRICTS.
The completion of the parking garage will add 416 ,000 square feet to the City's facility inventory and add
approximately $15,000.00 per year in the facility maintenance and repair requirements .
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that upon adoption of the attached appropriation
ordinance, funds will be available in the current capital budget, as appropriated , of the Western Heritage
Parking Garage Fund.
TO Fund/Account/Centers . FROM Fund/Account/Centers
PE249 485229 251069990100 $24,423,833.46 P249 485229 251069990100 $24,423,833.46
PE62 552010 0132000 $2,361 ,086 .54 PE62 485229 0132000 $2,711,166 .54
PE62 553020 0132000 $350 ,080.00 P249 541200 251060124080 $16 ,664 ,000 .00
PE62 485229 0132000 $2,711.166.54 P249 531200 251060124030 $500 ,000 .00
P249 539120 251060124030 $1,000.00
P249 531450 251060124080 $5,000 .00
P249 511060 251060124030 $7,000 .00
P249 531350 251060124080 $20,000 .00
P249 535020 251060124070 $50 ,000.00
P249 511080 251060124080 $70 ,000 .00
P249 535030 251060124070
P249 541330 251060124080
P249 522500 251060124080
P249 531060 251060124080
P249 541200 251060124080
P249 531200 251060124030
$80,000.00
$130.000.00
$170,000 .00
$300,000 .00
$19.777.103.00
$500.000.00
Submitted for City Manager's Office by:
Originating Department Head:
Additional Information Contact:
ATTACHMENTS
20WRMCWHPG Revised Approp Ord .doc
PE WRMC WHPG .pdf
Fernando Costa (6122)
William Verkest (7801)
Dalton Murayama (8088)
Ordinance No. ------
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE WESTERN HERITAGE PARKING GARAGE FUND (UNSPECIFIED) IN THE
AMOUNT OF $24,423,833.46 AND IN THE PARKING BUILDING DEBT SERVICE FUND
IN THE AMOUNT OF $2,711 ,166.54 FROM THE SALE OF COMBINATION TAX AND
WILL ROGERS MEMORIAL CENTER COMPLEX PARKING REVENUE CERTIFICATES
OF OBLIGATIONS, SERIES 2009 , FOR THE PURPOSE OF FUNDING THE PARKING
SYSTEM AT WILL ROGERS MEMORIAL CENTER; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH , TEXAS :
SECTION 1 .
That in addition to those amounts allocated to the various City departments for Fiscal Year 2008-2009, there
shall also be increased estimated receipts and appropriations in the Western Heritage Parking Garage Fund
(Unspecified) in the amount of $24,423,833 .46 and in the Parking Building Debt Service Fund in the amount
of $2,711,166 .54 from the sale of Combination Tax and Will Rogers Memorial Center Complex Parking
Revenue Certificates of Obligation , Series 2009, for the purpose of funding the parking system at Will
Rogers Memorial Center.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid , inoperative or void
for any reason by a court of competent jurisdiction , such decision , opinion or judgment shall in no way
impair the remaining portions, sections , or parts of sections of this ordinance , which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ord inance No . 18283 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
with such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed.
SECTION 4 .
This ordinance shall take effect upon adoption .
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE:-----------
Ordinance No. ------
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN
THE WESTERN HERITAGE PARKING GARAGE FUND (UNSPECIFIED} IN THE
AMOUNT OF $24,423,833 .46 AND IN THE PARKING BUILDING DEBT SERVICE FUND
IN THE AMOUNT OF $2,711,166.54 FROM THE SALE OF COMBINATION TAX AND
WILL ROGERS MEMORIAL CENTER COMPLEX PARKING REVENUE CERTIFICATES
OF OBLIGATIONS, SERIES 2009, FOR THE PURPOSE OF FUNDING THE PARKING
SYSTEM AT WILL ROGERS MEMORIAL CENTER; PROVIDING FOR A SEVERABILITY
CLAUSE; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN
CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH , TEXAS:
SECTION 1 .
That in addition to those amounts allocated to the various City departments for Fiscal Year 2008-2009, there
shall also be increased estimated receipts and appropriations in the Western Heritage Parking Garage Fund
(Unspecified) in the amount of $24,423,833.46 and in the Parking Building Debt Service Fund in the amount
of $2,711,166.54 from the sale of Combination Tax and Will Rogers Memorial Center Complex Parking
Revenue Certificates of Obligation, Series 2009, for the purpose of funding the parking system at Will
Rogers Memorial Center.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid, inoperative or void
for any reason by a court of competent jurisdiction, such decision, opinion or judgment shall in no way
impair the remaining portions, sections, or parts of sections of this ordinance, which said remaining
provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No. 18283 and all other ordinances and appropriations
amending the same except in those instances where the provisions of this ordinance are in direct conflict
w ith such other ordinances and appropriations, in which instance said conflicting provisions of said prior
ordinances and appropriations are hereby expressly repealed .
SECTION 4.
This ordinance shall take effect upon adoption.
APPROVED AS TO FORM AND LEGALITY:
Assistant City Attorney
ADOPTED AND EFFECTIVE:-----------