HomeMy WebLinkAboutContract 57315 CSC No. 57315
THE CITY OF FORT WORTH, TEXAS
Hazel Harvey Peace Foundation Repairs
PMD2021-02
FORTWORTH.
MATTIE PARKER DAVID COOKE
MAYOR CITY MANAGER
Steve Cooke
Director, Property Management Department
Elements of Architecture
04 January 2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
Page 1 of 49
Hazel Harvey Peace(January 2022)
CONFLICT OF INTEREST AFFIDAVIT
Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth(also
referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached
CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below
pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required
documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website
links provided below.
hM://www.ethics.state.tx.us/forms/CIO.pdf
hgp://www.ethics.state.tx.us/forms/CIS.pdf
F7 CIQ Form is on file with City Secretary
CIQ Form is being provided to the City Secretary
0 CIS Form is on File with City Secretary
0 CIS Form is being provided to the City Secretary
BIDDER:
By:
Company (Please Print)
Signature:
Address
Title:
City/State/Zip (Please Print)
Page 2 of 49
Hazel Harvey Peace(January 2022)
CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO
For vendor doing business with local governmental entity
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY
This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received
has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the
vendor meets requirements under Section 176.006(a).
By law this questionnaire must be filed with the records administrator of the local governmental entity not later
than the 7th business day after the date the vendor becomes aware of facts that require the statement to be
filed. See Section 176.006(a-1), Local Government Code.
A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An
offense under this section is a misdemeanor.
.1J Name of vendor who has a business relationship with local governmental entity.
2
Checkthis box if you are filing an update to a previouslyfiled questionnaire.(The law requires that you file an updated
completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which
you became aware that the originally filed questionnaire was incomplete or inaccurate.)
3 Name of local government officer about whom the information is being disclosed.
Name of Officer
41 Describe each employment or other business relationship with the local government officer, or a family member of the
officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer.
Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form
CIO as necessary.
A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income,
other than investment income,from the vendor?
a Yes a No
B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction
of the local government officer or a family member of the officer AND the taxable income is not received from the
local governmental entity?
a Yes a No
5J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or
other business entity with respect to which the local government officer serves as an officer or director,or holds an
ownership interest of one percent or more.
s
❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts
as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1).
7
Signature of vendor doing business with the governmental entity Date
Form provided by Texas Ethics Commission www.ethics.state.tx.us Page 3 of 49Revised 11/30/2015
Hazel Harvey Peace(January 2022)
CONFLICT OF INTEREST QUESTIONNAIRE
For vendor doing business with local governmental entity
Acomplete copy of Chapter 176 of the Local Government Code maybe found at
http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of
the sections cited on this form.
Local Government Code§176.001(1-a):"Business relationship"means a connection between two or more
parties based on commercial activity of one of the parties. The term does not include a connection based on:
(A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an
agency of a federal,state,or local governmental entity;
(B) a transaction conducted at a price and subject to terms available to the public;or
(C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and
that is subject to regular examination by,and reporting to,that agency.
1.1 LOCAL GOVERNMENT CODE&176.003(A)(2)(A)AND(B):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government officer or a
family member of the officer that results in the officer or family member receiving taxable
income, other than investment income, that exceeds $2,500 during the 12-month period
preceding the date that the officer becomes aware that
(i) a contract between the local governmental entity and vendor has been
executed;or
(ii) the local governmental entity is considering entering into a contract with
the vendor;
(B) has given to the local governmentofficerora family memberof the officeroneor more gifts
that have an aggregate value of more than$100 in the 12-month period preceding the date the
officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;
or
(ii) the local governmental entity is considering entering into a contract with the
vendor.
1.2 LOCAL GOVERNMENT CODE& 176.006(A) AND (A-1)
(a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship
with a local governmental entity and:
(1) has an employment or other business relationship with a local government officer of that local
governmental entity,or a family member of the officer,described by Section 176.003(a)(2)(A);
(2) has given a local government officer of that local governmental entity,or a family member of the
officer,one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B),excluding any
gift described by Section 176.003(a-1);or
(3) has a family relationship with a local government officer of that local governmental entity.
(a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later
than the seventh business day after the later of:
(1) the date that the vendor:
(A) begins discussions or negotiations to enter into a contract with the local governmental
entity; or
(B) submits to the local governmental entity an application,response to a request for proposals
or bids, correspondence, or another writing related to a potential contract with the local
governmental entity;or
(2) the date the vendor becomes aware:
(A) of an employment or other business relationship with a local government officer, or a
family member of the officer,described by Subsection(a);
(B) that the vendor has given one or more gifts described by Subsection(a);or
(C) of a family relationship with a local government officer.
Page 4 of 49
Hazel Harvey Peace(January 2022)
CONFLICTS DISCLOSURE STATEMENT
(Instructions for completing and filing this form are provided on the next page.)
This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY
This is the notice to the appropriate local governmental entity that the following local
government officer has become aware of facts that require the officer to file this statement Date Received
in accordancewith Chapter 176,Local Government Code.
Name of Local Government Officer
2 Office Held
3 1 Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code
q 1 Description of the nature and extent of each employment or other business relationship and each family relations hip
with vendor named in item 3.
51 List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted
from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B).
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
Date Gift Accepted Description of Gift
(attach additional forms as necessary)
f3 AFFIDAVIT
I swear under penalty of perjury that the above statement is true and correct. I acknowledge
that the disclosure applies to each family member (as defined by Section 176.001(2), Local
dge that this statement
covers the 12-month period described by Section 176.003(a)(2)(B), Local Government Code.
Signature of Local Government Officer
AFFIX NOTARY STAMP / SEAL ABOVE
Sworn to and subscribed before me,by the said this the day
of ,20 ,to certify which,witness my hand and seal of office.
Signature of officer administering oath Printed name of officer administering oath Title of officer administering oath
Page 5 of 49
-I iPfQtyoRO,V*T(g W2QPmmission www.ethics.state.tx.us Revised 11/30/2015
LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT
Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local
government officer" is defined as a member of the governing body of a local governmental entity; a director,superintendent,
administrator,president,or other person designated as the executive officer of a local governmental entity;or an agent of a
local governmental entity who exercises discretion in the planning,recommending,selecting,or contracting of a vendor. This
form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m.on the seventh
business day after the date on which the officer becomes aware of the facts that require the filing of this statement.
A local government officer commits an offense if the officer knowingly violates Section 176.003,Local Government Code. An
offense under this section is a misdemeanor.
Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form.
PART 2 - INSTRUCTIONS FOR COMPLETING THIS FORM
The following numbers correspond to the numbered boxes on the other side.
1. Name of Local Government Officer. Enter the name of the local government officer filing this statement.
2. Office Held. Enter the name of the office held by the local government officer filing this statement.
3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the
name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or
other business relationship with the local government officer or a family member of the officer as described by Section
176.003(a)(2)(A),Local Government Code;b)has given to the local government officer or a family member of the officer one
or more gifts as described by Section 176.003(a)(2)(B),Local Government Code;or c)has a family relationship with the local
government officer as defined by Section 176.001(2-a),Local Government Code.
4. Description of the nature and extent of each employment or other business relationship and each
family relationship with vendor named in item 3. Describe the nature and extent of the employment or other
business relationship the vendor has with the local government officer or a family member of the officer as described by
Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government
officer as defined by Section 176.001(2-a),Local Government Code.
5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds
$100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code)by
the local government officer or family member of the officerfrom the vendor named in item 3 that in the aggregate exceed$100
in value.
6.Affidavit. Signature of local govern mentofficer.
Local Government Code & 176.001(2-a): "Family relationship" means a relationship between a person and
another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by
Subchapter B,Chapter573,Government Code.
PART 3 - LOCAL GOVERNMENT CODE§176.003(A)(2)(A):
(a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if:
(2) the vendor:
(A) has an employment or other business relationship with the local government
officer or a family member of the officer that results in the officer or family member
receiving taxable income, other than investment income, that exceeds $2,500 during
the 12-month period preceding the date that the officer becomes aware that:
(i) a contract between the local governmental entity and vendor has been executed;or
(ii) the local governmental entity is considering entering into a contract with the vendor.
Page 6 of 49
Hazel Harvey Peace(January 2022)
Kd"91-339(Back)
Texas Sales and. Use Tax Exemption Certification
This certificate does not require a number to be valid.
Name of purchaser,firm or agency
City of Fort Worth,Texas
Address(Street&number,P.O.Box or Route number) Phone(Area code and number)
200 Texas Street 817-392-8360
City,State,ZIP code
Fort Worth,Texas 76102
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:
Seller: All Vendors
Street address: City,State,ZIP code:
Description of items to be purchased or on the attached order or invoice:
All items. Purchaser acknowledges that this Certificate cannot be used for the purchase,lease or rental of a motor
vehicle.
Purchaser claims this exemption for the following reason:
Municipality,Governmental Entity
I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with
the provisions of the Tax Code and/or all applicable law.
I understand thatitisa criminal offense to give an exemption certificate to the sellerfortaxable items that/know,at the time ofpurchase,
willbe usedin a manner otherthan thatexpressedin this certificate,anddepending an the amountoftax evaded,the offensefraymnge
from a Class C misdemeanor to a felony of the second degree.
Puhaser Title Date
he e rc / Finance Director/CFO S'�.1VTjj�
NOTE: This 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.
General Conditions of the Contract for Construction Lump Sum Contract Page 7 of 49
CFW PMD—Hazel Harvey peace
February 2022
2013 PREVAILING WAGE RATES
Commercial Construction Projects
CLASSIFICATION •
AC Mechanic $
25.24
AC Mechanic Helper $
13.67
Acoustical Ceiling Installer $
16.83
Acoustical Ceiling Installer Helper 12$70
Bricklayer/Stone Mason $
19.45
Bricklayer/Stone Mason Trainee 13$31
Bricklayer/Stone Mason Helper $
10.91
Carpenter $
17.75
Carpenter Helper $
14.32
Concrete Cutter/Sawer $
17.00
Concrete Cutter/Sawer Helper $
11.00
Concrete Finisher $
15.77
Concrete Finisher Helper $
11.00
Concrete Form Builder $
15.27
Concrete Form Builder Helper $
11.00
Drywall Mechanic $
15.36
Drywall Helper $
12.54
Drywall Taper $
15.00
Drywall Taper Helper $
11.50
Electrician (Journeyman) $
19.63
Electrician Apprentice (Helper) $
15.64
Electronic Technician $
20.00
Floor Layer $
18.00
General Conditions of the Contract for Construction Lump Sum Contract Page 8 of 49
CFW PMD—Hazel Harvey peace
February 2022
Floor Layer Helper $
10.00
Glazier $
21.03
Glazier Helper $
12.81
Insulator $
16.59
Insulator Helper $
11.21
Laborer Common $
10.89
Laborer Skilled $
14.15
Lather $
12.99
Metal Building Assembler $
16.00
Metal Building Assembler Helper 12.00
Metal Installer(Miscellaneous) $
13.00
Metal Installer Helper(Miscellaneous) $
11.00
Metal Stud Framer $
16.12
Metal Stud Framer Helper $
12.54
Painter $
16.44
Painter Helper $
9.98
Pipefitter $
21.22
Pipefitter Helper $
15.39
Plasterer $
16.17
Plasterer Helper $
12.85
Plumber $
21.98
Plumber Helper $
15.85
Reinforcing Steel Setter $
12.87
Reinforcing Steel Setter Helper 11.08
Roofer $
16.90
Roofer Helper $
11.15
General Conditions of the Contract for Construction Lump Sum Contract Page 9 of 49
CFW PMD—Hazel Harvey peace
February 2022
Sheet Metal Worker $
16.35
Sheet Metal Worker Helper $
13.11
Sprinkler System Installer $
19.17
Sprinkler System Installer Helper $
14.15
Steel Worker Structural $
17.00
Steel Worker Structural Helper $
13.74
Waterproofer $
15.00
Equipment Operators
Concrete Pump $
18.50
Crane, Clamshell, Backhoe, Derrick, D'Line Shovel $
19.31
Forklift $
16.45
Foundation Drill Operator $
22.50
Front End Loader $
16.97
Truck Driver $
16.77
Welder $
19.96
Welder Helper $
13.00
The prevailing wage rates shown for Commercial construction projects were based on a salary survey
conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled
by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are
provided on the TEXO's(The Construction Association)website.
www.texoassociation.org/Chapter/wagerates.asp
General Conditions of the Contract for Construction Lump Sum Contract Page 10 of 49
CFW PMD—Hazel Harvey peace
February 2022
CITY OF FORT WORTH
WEATHER TABLE
Average Days
Month of Inches o-Rzinfa I
RainfSnowllce
January 6 2.51
February 7 2.23
March 5 3.49
Aril 7 2.97
May 0 4.56
June 8 3.31
my 4 1.83
August 1.88
September 2.34
October 7 3.65
November 7 2.70
December 2.34
Annually 81 33.81
(1)Mean number of days precipitation of 0.01"or more or 1f 2"snowfice
(2)Average normal precipitation,in inches
This table is based on information reported from Dallas-Fort Worth Intemational Airport,
Texas. Latirtude 32 deg 54 min north,longitude 97 deg 02 min west, elevation(ground)551 ft.
Average number of days of rain,snow,and ice days are based on records covering 21 years.
Precipitation is based on recorded information from 1996 through 2015 period.
This table is to be used as a baisis for calculation of excess rain or weather days for projects
with duration in calendar days. If the site records indicate that the Contractor was unable to
carry out operations due to weather,it is counted as a weather day.If the nu mber of weather
days exceeds the number of average rain days plus the snowfice days for the contract
duration,the contract will be adjusted by Change Order_
Fort Worth Weather Table 24 April 2017
General Conditions of the Contract for Construction Lump Sum Contract Page 11 of 49
CFW PMD—Hazel Harvey peace
February 2022
CITY OF FORT WORTH, TEXAS
CONSTRUCTION CONTRACT (LUMP SUM)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
This agreement made and entered into this the 21st day of March A.D., 2022, 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 11 th
day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of
the Constitution of Texas, and in accordance with a resolution duly passed at a regular, meeting of the City
Council of said City, hereinafter called OWNER, and Imperial Construction, Inc. of the City of
Weatherford, County of Parker, State of Texas, hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing even
date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
City of Fort Worth
Hazel Harvey Peace Foundation Repairs
818 Missouri Ave.
Fort Worth, Texas
That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the construction and completion of said project in accordance with
the "Hazel Harvey Peace Modification Construction Documents; Dated Oct 23, 2019. adopted by the City
Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto
attached and made a part of this contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)
days after being notified in writing to do so by the Owner.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by
the successful bidder hereto attached and made a part hereof. Payment will be made in monthly
installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice
from the Contractor.
The agreed upon total contract amount shall be $335,000.00
Insurance Requirements:
The Contractor shall not commence work under this contract until it has obtained all insurance
required under the Contract Documents, and the Owner has approved such insurance. The
Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of
insurance for approval. The Contractor shall indicate on its certificate of insurance included in the
documents for execution whether or not its insurance covers subcontractors. It is the intention of
the Owner that the insurance coverage required herein shall include the coverage of all
subcontractors.
General Conditions of the Contract for Construction Lump Sum Contract Page 12 of 49
CFW PMD—Hazel Harvey peace
February 2022
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.
d. BUILDER'S RISK OR INSTALLATION FLOATER:
This insurance shall be applicable according to the property risks associated with the
project and commensurate with the contractual obligations specified in the contract
documents.
e. EXCESS LIABILITY UMBRELLA:
• $1,000,000 each occurrence; $2,000,000 aggregate limit.
• This insurance shall provide excess coverage over each line of liability insurance
required herein. The policy shall follow the form(s) of the underlying policies.
f. SCOPE OF INSURANCE AND SPECIAL HAZARD:
The insurance required under the above paragraphs shall provide adequate protection for
the Contractor and its subcontractors, respectively, against damage claims which may
arise from operations under this contract, whether such operations be by the insured or by
anyone directly or indirectly employed by it, against any insurable hazards which may be
encountered in the performance of the Contract.
g. PROOF OF CARRIAGE OF INSURANCE:
The Contractor shall furnish the owner with satisfactory proof of coverage by insurance
required in these Contract Documents in the amounts and by insurance carriers
satisfactory to the Owner. The form to be used shall be the current Accord certificate of
insurance form or such other form as the Owner may in its sole discretion deem acceptable.
All insurance requirements made upon the Contractor shall apply to the sub-contractors,
should the Contractor's insurance not cover the subcontractor's work operations performed
in the course of this contracted project.
ADDITIONAL INSURANCE REQUIREMENTS:
General Conditions of the Contract for Construction Lump Sum Contract Page 13 of 49
CFW PMD—Hazel Harvey peace
February 2022
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, 200
Texas Street, Fort Worth, TX 76102, prior to commencement of work on the
contracted project.
C. Any failure on part of the Owner to request required insurance documentation shall
not constitute a waiver of the insurance requirements specified herein.
d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days'
notice of cancellation, non-renewal, and/or material change in policy terms or coverage.
A ten days' notice shall be acceptable in the event of non-payment of premium.
e. Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A:VII or equivalent measure of financial strength and solvency.
f. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the Owner.
g. In lieu of traditional insurance, Owner may consider alternative coverage or risk
treatment measures through insurance pools or risk retention groups. The Owner
must approve in writing any alternative coverage.
h. Workers' compensation insurance policy(s) covering employees employed on the
project shall be endorsed with a waiver of subrogation providing rights of recovery in
favor of the Owner.
i. Owner shall not be responsible for the direct payment of insurance premium costs for
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.
Construction shall not start without a"Notice to Proceed".The Notice to Proceed shall not be issued without
bonds in place.
Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project.
City of Fort Worth Permit fees are waived. Separate permits will be required for each facility.
General Conditions of the Contract for Construction Lump Sum Contract Page 14 of 49
CFW PMD—Hazel Harvey peace
February 2022
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 Condi-
tions, 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 their Surety shall be liable to the Owner for such deficiency.
IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which
includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor
shall verify the identity and employment eligibility of all employees who perform work under this Agreement.
Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting
employment eligibility and identity documentation for all employees, and upon request, provide City with copies
of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this
Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed
by any employee who is not legally eligible to perform such services. Vendor shall provide City with a
certification letter that it has complied with the verification requirements required by this Agreement. Vendor
shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right
to immediately terminate this Agreement for violations of this provision by Vendor.
No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than
$100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of
the Texas Government Code, City is prohibited from entering into a contract with a company for goods or
services unless the contract contains a written verification from the company that it: (1) does not boycott
Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government
Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written
verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the
term of the Agreement.
General Conditions of the Contract for Construction Lump Sum Contract Page 15 of 49
CFW PMD—Hazel Harvey peace
February 2022
Executed effective as of the date signed by the Assistant City Manager below.
FORT WORTH:
City of Fort Worth Contract Compliance Manager:
By signing I acknowledge that I am the
person responsible for the monitoring and
Dana Bu(ciG��Joff administration of this contract, including
By: Dana Burghdoff(Mar21,202216:10CDT) ensuring all performance and reporting
Name: Dana Burghdoff, AICP requirements.
Title: Assistant City Manager
Date: Mar 21,2022
By: C
Approval Recommended: Name: Brian Glass
Title: City Architect
S Approved as to Form and Legality:
By: Steve(Mar 11, 14:19 CST)
Name: Steve Cooke
Title: Director, Property Management Dept.
By: sty
Attest: Name: John B. Strong
Title: Assistant City Attorney
7G��I�IGttG GOOG�Gr�G Contract Authorization:
By: Jan nette S.Gooda R(Mar 21,2022 16:54 CDT) M&C
Name: Jannette Goodall a�44ORr
OF FART���
Title: City Secretaryg. o° °°�oad
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Imperial Construction, Inc.
By:
Name: Holger Kelley
Title: Executive Vice President
Date: Mar 11,2022
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX
General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 49
CFW PMD—Hazel Harvey peace
February 2022
Bond#
PAYMENT BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, known as "Principal" herein, and
, a corporate
surety (sureties), duly authorized to do business in the State of Texas, known as "Surety"herein(whether
one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created
pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, ----CONTRACT
AMOUNT----and No Dollars($----CONTRACT AMOUNT-----00),lawful money of the United States,to be
paid in Fort Worth,Tarrant County, Texas,for the payment of which sum well and truly be made, we bind
ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally,firmly by these
presents:
WHEREAS,Principal has entered into a certain written Contract with City, awarded the day
of ,2022,which Contract is hereby referred to and made a part hereof for all purposes as
if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law,
in the prosecution of the Work as provided for in said Contract and designated as Hazel Harvey Peace
Foundation Repairs located at Missouri Ave.Fort Worth,Texas (PMD2021-02).
NOW,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that if Principal shall
pay all monies owing to any (and all)payment bond beneficiary (as defined in Chapter 2253 of the Texas
Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation
shall be and become null and void; otherwise to remain in full force and effect.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the
provisions of said statute.
General Conditions of the Contract for Construction Lump Sum Contract Page 17 of 49
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February 2022
IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this
instrument by duly authorized agents and officers on this the day of , 2022.
PRINCIPAL:
ATTEST: BY:
Signature
(Principal) Secretary Name and Title
Address:
Witness as to Principal
SURETY:
ATTEST: BY:
Signature
(Surety) Secretary Name and Title
Address:
Witness as to Surety
Telephone Number:
*Note: If signed by an officer of the Surety,there must be on file a certified extract from the bylaws showing that
this person has authority to sign such obligation. If Surety's physical address is different from its mailing address,
both must be provided. The date of the bond shall not be prior to the date the Contract is awarded.
General Conditions of the Contract for Construction Lump Sum Contract Page 18 of 49
CFW PMD—Hazel Harvey peace
February 2022
Bond#
PERFORMANCE BOND
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
That we, ,known as "Principal"herein and
, a corporate surety
(sureties, if more than one)duly authorized to do business in the State of Texas,known as "Surety"herein
(whether one or more), are held and firmly bound unto the City of Fort Worth,a municipal corporation
created pursuant to the laws of Texas,known as "City"herein, in the penal sum of, Dollars
($ ), lawful money of the United States,to be paid in Fort Worth, Tarrant County, Texas for the
payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators,
successors and assigns,jointly and severally, firmly by these presents.
WHEREAS,the Principal has entered into a certain written contract with the City awarded the
_day of , 2022, which Contract is hereby referred to and made a part hereof for all
purposes as if fully set forth herein,to furnish all materials,equipment labor and other accessories defined
by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract
designated as Hazel Harvey Peace Foundation Repairs located at Missouri Ave.Fort Worth,Texas
(PMD2021-02).
NOW,THEREFORE,the condition of this obligation is such that if the said Principal shall
faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform
the Work, including Change Orders,under the Contract, according to the plans, specifications, and
contract documents therein referred to, and as well during any period of extension of the Contract that
may be granted on the part of the City,then this obligation shall be and become null and void, otherwise
to remain in full force and effect.
PROVIDED FURTHER,that if any legal action be filed on this Bond, venue shall lie in Tarrant
County, Texas or the United States District Court for the Northern District of Texas,Fort Worth Division.
This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas
Government Code, as amended,and all liabilities on this bond shall be determined in accordance with the
provisions of said statue.
General Conditions of the Contract for Construction Lump Sum Contract Page 19 of 49
CFW PMD—Hazel Harvey peace
February 2022
IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED this
instrument by duly authorized agents and officers on this the day of , 2022.
PRINCIPAL:
BY:
Signature
ATTEST:
(Principal) Secretary Name and Title
Address:
Witness as to Principal
SURETY:
BY:
Signature
Name and Title
Address:
Witness as to Surety Telephone Number:
Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws
showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing
address,both must be provided.The date of the bond shall not be prior to the date the Contract is awarded.
General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 49
CFW PMD—Hazel Harvey peace
February 2022
CERTIFICATE OF INSURANCE
[Assembler: For Contract Document execution, remove this page and replace with standard ACORD
Certificate of Insurance form.I
General Conditions of the Contract for Construction Lump Sum Contract Page 21 of 49
CFW PMD—Hazel Harvey peace
February 2022
CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides
worker's compensation insurance coverage for all of its employees employed on City Project, Hazel
Harvey Peace Foundation Repairs located at Missouri Ave. Fort Worth, Texas (PMD2021-02).
Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will
provide to City its subcontractor's certificates of compliance with worker's compensation coverage.
CONTRACTOR:
By:
Company (Please Print)
Signature:
Address
Title:
City/State/Zip (Please Print)
THE STATE OF TEXAS §
§ KNOW ALL BY THESE PRESENTS:
COUNTY OF TARRANT §
BEFORE ME,the undersigned authority, on this day personally appeared
known to me to
be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she
executed the same as the act and deed of for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of 52022.
Notary Public in and for the State of Texas
General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 49
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City of Fort Worth, Texas
Property Management Department
Facilities Management Group/Architectural Services Division
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
LUMP SUM CONTRACT
SECTION A
DEFINITIONS,PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth
or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General
Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders,
written Interpretations and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or
contemporaneous,oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the
Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the
Contractor and the Owner,or Change Order,or by a written Field Order for a minor change.
A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated
in order to produce the construction required by Contract Documents.
A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four originals, with all
required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be
prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and
provide required enclosures will be grounds for revocation of award and taking of Bid Bond.
A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine carefully the, plans,
specifications,special provisions,and the form of contract to be entered into for the work contemplated. They shall examine the site
of work and satisfy themselves as to the conditions that will be encountered relating to the character,quality and quantity of work to
be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that they have complied
with these requirements and has accepted the site as suitable for the work.
Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the
plans will not be allowed.
A-6 ONE UNIFIED CONTRACT: Insofar as possible,the Contract Documents will be bound together and executed as a single
unified Contract. The intention of the Contract Documents being to provide for all labor,supervision, materials, equipment and other
items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings
are used herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other
Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades.
A-8 INTERPRETATIONS: In the event of inconsistency in the contract documents, the following sequence for interpretation
shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance);
Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions;
General Conditions;and Construction Contract.
The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress
of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner,and
will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such
Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order.
In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of
the Contract Documents,the evaluation of work or materials performed or furnished by the Architect Contractor,or any subcontractor
or materialsman,or involving any question of fault or liability of any party,the decision of the Owner shall be final and binding.
A-9 CORRELATION AND INTENT: In general,the drawings indicate dimension, locations, positions,quantities,and kinds of
construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not
specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as
similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality
or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take
precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are
General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 49
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diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the
Architects approval.
A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor electronic working
Drawings and Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished
to them.
All Drawings,Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner.
They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract, are to be
returned to the Owner on request at the completion of the work.
A-11 MINORITY BUSINESS ENTERPRISE(MBE)POLICY: As of June 1,2012,The City of Fort Worth has implemented Business
Diversity Ordinance (BDO)to reflect the City's availability and disparity study findings and recommendations. During this transition
period,interested Offerors must obtain an MBE listing from the M/WBE Office at 817-212-2674. This will ensure that the MBE listings
reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the six(6)-county
geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of:Tarrant,
Dallas,Denton,Johnson,Parker and Wise.Offerors are stronoly encouraged to confirm that each MBE that it intends to use is located
in the geographic marketplace that will be counted towards the established goal.
The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in City contracts. Compliance with the
policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to
be followed in submitting proposals are included.
The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other
federally funded Projects.
A-12 AGE: In accordance with the policy("Policy")of the Executive Branch of the federal government,Contractor covenants that
neither themselves nor any of their officers,members,agents,employees, program participants or subcontractors,while engaged in
performing this contract,shall,in connection with the employment,advancement or discharge of employees or in connection with the
terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona
fide occupational qualification,retirement plan or statutory requirement.
Contractor further covenants that neither themselves nor their officers, members, agents, employees, subcontractors, program
participants,or persons acting on their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,
a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,
retirement plan or statutory equipment.
Contractor warrants it will fully comply with the Policy and will defend,indemnify and hold City harmless against any claims or allega-
tions asserted by third parties or subcontractor against City arising out of Contractor's and/or their 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 themselves and any and all of their subcontractors will not unlawfully discriminate on the basis of disability in the provision of
services to the general public, nor in the availability,terms and/or conditions of employment for applicants for employment with, or
employees of Contractor or any of their subcontractors. Contractor warrants it will fully comply with ADA provisions and any other
applicable federal,state and local laws concerning disability and will defend,indemnify and hold City harmless against any claims or
allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or their subcontractors' alleged
failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement.
A-14 IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes
provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and
employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility
Verification Form(I-9),maintain photocopies of all supporting employment eligibility and identity documentation for all employees,and
upon request,provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work
under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any
employee who is not legally eligible to perform such services.Vendor shall provide City with a certification letter that it has complied
with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to
violations of this provision.City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor.
A-15 No Boycott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than$100,000,this section
does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited
from entering into a contract with a company for goods or services unless the contract contains a written verification from the company
that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and
"company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this
Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1)does not boycott
Israel;and(2)will not boycott Israel during the term of the Agreement.
SECTION B
IDENTITY OF ARCHITECT
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B-1 CONTRACT ADMINISTRATION: The Architect is the person or person lawfully licensed to practice architecture identified
as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner
during the construction phase as directed by the Owner.
B-2 DUTIES OF THE ARCHITECT: As used herein,the term Architect means the Architect or their authorized representative.
Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor.
B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architect will provide general administration of the Contract
on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract
Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner
or the Contractor at all reasonable times.
B-4 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and
progress. The Contractor shall provide facilities for such access so the Architect may perform their assigned functions under the
Contract Documents.
The Architect will make periodic visits to the Site to familiarize themselves with the progress and quality of the work and to determine
if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations,the Architect will keep the
Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the
Contractor.Based upon such observations and the Contractor's applications for payments,the Architect will make determinations and
recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts.
B-5 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and
Specifications and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner.
The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents.
B-6 AUTHORITY TO STOP WORK: The Architect will have authority to reject work that does not conform to the Plans and
Specifications. In addition,whenever, in their reasonable opinion,the Architect considers it necessary or advisable in order to insure
the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the Contractor to stop
the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated,
installed or completed.
B-7 MISCELLANEOUS
Shop Drawinos, Submittals and Samples: The Architect will review Shop Drawings, Submittals and Samples. Two copies of each
approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor.
Chanoe Orders: Change Orders, Owners Contingence Allowance forms, and Field Orders for Minor Changes in the work will be
issued by the Owner through the Architect.
Guarantees: The Architect will receive all written guarantees and related documents required of the Contractor. Upon completion of
the project the Contractor shall provide the Owner three copies of each guarantee.
Inspections:The Architect will conduct inspections for the purpose of determining and making their recommendations concerning the
dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the
Certificate of Substantial Completion.
Operation and Maintenance Manuals:The Architect will receive on behalf of the Owner one hard copy and two digital copies of all
applicable equipment installation,operation,and maintenance brochures and manuals required of the Contractor.
B-8 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the
Owner shall either assume the duties of the Architect through the Director of the Property Management Department,or shall appoint
a successor Architect against whom the Contractor makes no reasonable objection.
SECTION C
OWNER
C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by their duly authorized representatives
in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, and Director of the
Property Management Department and members of the Facilities Management Division.A designated representative will be identified
from within the Facilities Management Division to act as a point of contact for day-to-day contract administration.
C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility
locations for the site of the Work;provided,however,that the Contractor hereby covenants that they have inspected the premises and
familiarized themselves therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on
the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or
damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in
such manner and to such extent as may be reasonable and shall furnish information under their control with reasonable promptness
at the request of the Contractor.
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C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the Architect.
C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress.
The Contractor shall provide facilities for such access so the Owner may perform their assigned functions under the Contract
Documents.
C-5 PROGRESS INSPECTIONS: The Owner and Architect will make visits to the Site to familiarize themselves with the
progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis
of on-site observations and reports concerning the progress and quality of the work,the Owner and Architect will approve and authorize
the Contractor's applications for payments.
C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and
Specifications. Whenever, in their reasonable opinion, the City considers it necessary or advisable in order to insure the proper
realization of the intent of the Plans and Specifications, the City will have authority to require the Contractor to stop the work or any
portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or
completed.The Contractor shall be responsible for the cost of special inspections and testing for work that is found not to comply with
the plans and specifications.
C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is
substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended
by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or
deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared by the Architect and
signed by the Contractor,and accepted,approved and signed by the Owner.
C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this
contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor
involving transactions relating to this contract.
Contractor further agrees to include in all their subcontracts hereunder a provision to the effect that the subcontractor agrees that the
City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any
directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term
"subcontract"as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the
costs of copies at the rate published in the Texas Administrative Code.
C-9 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the
project is terminated,the Contractor shall:
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice
of termination.
After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocable to the work not completed and further reduced by the amount of payments, if,any otherwise made. Contractor shall
submit their claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the
event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such
dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City
Council of the City of Fort Worth shall be final and binding upon all parties to this contract.
SECTION D
CONTRACTOR
D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor
means the Contractor or their authorized representative.
D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor,
not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the
Work and services performed hereunder,and all persons performing same,and Contractor shall be solely responsible for the acts of
their officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City
and the Contractor,their officers,agents and employees,and the doctrine of respondent superior shall not apply.
D-3 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement,Conditions of
the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any
error, inconsistency or omission they may discover. The Contractor shall do no work without approved Submittals, Drawings,
Specifications and Interpretations.
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D-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and attention.They shall be
solely responsible for all construction means,methods,safety,techniques,sequences and procedures and for coordinating all portions
of the Work under the Contract Documents.
D-5 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor,
materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and
services necessary for the proper execution and completion of the Work.
The Contractor shall at all times enforce strict discipline and good order among their employees,and shall not employ on the Work
any unfit person or anyone not skilled in the task assigned to them.
D-6 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE
Duty to oav Prevailina Waae Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code
(Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the
prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents.
Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City,
pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing
wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset their administrative costs,
pursuant to Texas Government Code 2258.023.
Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker,
concerning an alleged violation of 2258.023,Texas Government Code,by a contractor or subcontractor,the City shall make an initial
determination,before the 31Ii day after the date the City receives the information,as to whether good cause exists to believe that the
violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of their initial determination.
Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City
shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the
prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the
violation.
Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023,Texas Government Code,
including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas
General Arbitration Act(Article 224 et seq.,Revised Statutes)if the contractor or subcontractor and any affected worker do not resolve
the issue by agreement before the 15th day after the date the City makes their initial determination pursuant to paragraph(c)above.
If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration
is required,a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration.
The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction.
Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of
acceptance of the Work,maintain records that show(i)the name and occupation of each worker employed by the Contractor in the
construction of the Work provided for in this contract;and(ii)the actual per diem wages paid to each worker. The records shall be
open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain
to this inspection.
Pay Estimates. With each partial payment estimate or payroll period,whichever is less,the Contractor shall submit an affidavit stating
that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code.
Postina of Waae Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all
times.
Subcontractor Compliance. The Contractor shall include in their subcontracts and/or shall otherwise require all of their subcontractors
to comply with paragraphs(a)through(g)above.
On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs.
D-7 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under
this Contract will be new unless otherwise specified, and that all work will be of good quality,free from faults and defects, and in
conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required
by the Architect or the Owner,the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.
Prior to occupancy of the Project by the Owner,the Contractor warranties and obligations to correct defective Work exclude remedy
for damage or defect caused by(i)abuse by the Owner's separate contractors,or(ii)modifications made by the Owner or the Owner's
separate contractors.After occupancy of the Project by the Owner,the Contractor warranties and obligations to correct defective Work
exclude remedy for damage or defect caused by(i)abuse,(ii)modifications not executed by the Contractor,(iii)improper or insufficient
maintenance,(iv)improper operation,(v)normal wear and tear,or(vi)normal usage.
The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or
the Contract Documents.
D-8 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction,Excise and
Use Tax. Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill
11,enacted August 15, 1991.
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D-9 LICENSES,NOTICES AND FEES: The Contractor shall obtain all Permits,Licenses,Certificates,and Inspections,whether
permanent or temporary, required by law or these Contract Documents. The City of Fort Worth Building and Trade Permit fees are
waived. Separate permits may be required for each work location. If the Contractor allows any permit to expire, they shall be
responsible for all renewals including any associated fees.
The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority
bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at
variance therewith in any respect,he shall promptly notify the Architect and Owner in writing and any necessary changes will be made.
If the Contractor performs any Work knowing that it is in violation of,or contrary to,any of such Laws,Statutes,Charter,Ordinances,
Orders or Directives,or Regulations without furnishing Notice to the Architect and Owner,the Contractor will assume full responsibility
therefore and bear all costs attributable thereto.
D-10 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.
These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site,and all applicable taxes.
The Contractor's handling costs on the site,labor,installation costs,overhead,profit and other expenses contemplated for the original
allowance shall be included in the Contractor Sum and not in the allowance.The Contractor shall cause the Work covered by these
allowances to be performed for such amounts and by such persons as the Owner may direct,but they will not be required to employ
persons against whom they make a reasonable objection. If the cost,when determined, is more than or less than the allowance,the
Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site,labor,installation
costs,field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance.
D-11 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in
attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Owner. The
superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the
Contractor. Important communications will be confirmed in writing.Other communications will be so confirmed on written request in
each case.
D-12 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner
for the acts and omissions of all employees and all Sub-contractors, their agents and employees,and all other persons performing
any of the Work under a contract with the Contractor.
D-13 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein
fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and
Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same in
accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper,and
if,in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifica-
tions made a part hereof,the Contractor and/or their Surety shall pay said City on demand in writing,setting forth and specifying an
itemized statement of the total cost thereof,said excess cost.
D-14 PROGRESS SCHEDULE: The Contractor,immediately after being awarded the contract,shall prepare and submit for the
Architect's and Owner's approval,an estimated progress schedule for the Work. The progress schedule shall be related to the entire
Project and indicate critical path. This schedule shall indicate the dates for the starting and completion of the various states of
construction and shall be revised as required by the conditions of the Work,subject to the Architect's approval. It shall also indicate
the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment
and/or materials.
The Contractor shall submit an updated progress schedule to the Architect and Owner at least monthly for approval along with the
Contractor's monthly progress payment requests.
D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of
all Drawings,Specifications,Addenda,approved Shop Drawings,Change Orders,and other Changes and Amendments in good order
and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings,clearly
marked to record all changes made during construction,shall be delivered to the Architect upon completion of the Work. The Architect
will prepare,and provide to the Owner,one complete set of reproducible record drawings of the Work.
D-16 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings,diagrams,illustrations,schedules,performance charts,
brochures and other data which are prepared by the Contractor or any Subcontractor,manufacturer,supplier or distributor,and which
illustrate some portion of the Work.These may be provided in an electronic format acceptable to the Architect.
Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish
standards by which the Work will be judged.Three copies of all physical examples shall be provided.
The Contractor shall review, approve,and submit,with reasonable promptness and in orderly sequence so as to cause no delay in
the Work or in the work of any other contractor, normally within the first 90 days of the work,three copies of all shop Drawings and
Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop
Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the
Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract
Documents.
By approving and submitting Shop Drawings and Samples,the Contractor thereby represents that they have determined and verified
all field measurements, field construction criteria, materials, catalog numbers and similar data, and that they have checked and
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coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate
approval of an assembly in which the item functions.
The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay,but only for
conformance with the design concept of the Project and with the information given in the Contract Documents.The Architect's approval
of a separate item shall not indicate approval of an assembly in which the item functions.The Contractor shall make any corrections
required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved.
The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections
requested by the Architect on previous submissions.
The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the
requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of
submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor
from responsibility for errors or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the
submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. Payment for Shop
Drawings will not be made until they are approved by the Architect or City.
D-17 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the
Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by
the City,the entire site of the Work shall be under the exclusive control,care and responsibility of the Contractor.Contractor shall take
every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.
The Contractor shall rebuild,repair,restore and make good at their own expenses all injuries or damages to any portions of the Work
occasioned by any of the above,caused before acceptance.
D-18 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting,fitting or patching of their Work that may require
making several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or
any part of it.
D-19 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At
the completion of the Work the contractor shall remove all their waste materials and rubbish from and about the Project as well as all
their tools,construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-
clean" or equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom-clean",
Contractor shall clean all glass,replace any broken glass,remove stains,spots,marks and dirt from decorated work,clean hardware,
remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,tile and terrazzo floors.
If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor.
D-20 COMMUNICATIONS: The Contractor shall forward all communications to the Owner through the Architect.
D-21 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the
requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the
Supplemental Conditions contained in the Project Manual.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of
the Work at the site.The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine
in gender and means a Subcontractor or their authorized representative.
Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any
subcontractor or any of their sub-subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS: The Contractor shall furnish a list of the names of the subcontractors or other persons or
organizations(including those who are to furnish materials or equipment fabricated to a special design)proposed for such portions of
the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of the
Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the
successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or
organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the
award of this Contract shall not constitute acceptance of such person or organization.
If,prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list,and refuses
to accept such person or organization,the apparent low bidder may, prior to the award, withdraw their bid without forfeiture of bid
security. If such bidder submits an acceptable substitute,the Owner may,at their discretion,accept the bid or he may disqualify the
bid.If,after the award,the Owner or Architect objects in writing to any person or organization on such list,the Contractor shall provide
an acceptable substitute.
The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner
and the Architect,unless the substitution is also acceptable to the Owner and the Architect.
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E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an
appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-
subcontractors)which shall contain provisions that:
1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under
the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Require that such Work be performed in accordance with the requirements of the Contract Documents;
3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party,in
reasonable time to enable the Contractor to apply for payment;
4. Require that all claims for additional costs, extensions of time,damages for delays or otherwise with respect to subcontracted
portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub-subcontractor where appropriate)in the
manner provided in the Contract Documents for like claims by the Contractor upon the Owner;
5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the
property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and,
6. Obligate each Subcontractor specifically to consent to the provisions of this Section
All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall
be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub-
contract.
E-4 MINORITY BUSINESS ENTERPRISE (MBE): Should the base proposal be $50,000 or less, the requirements of this
section do not apply.
As of June 1,2012,The City of Fort Worth is implemented a new Business Diversity Ordinance(BDO)to reflect the City's availability
and disparity study findings and recommendations. During this transition period, interested Offerors must obtain a MBE listing from
the M/WBE Office. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional
Certification Agency(NCTRCA)located in the six(6)-county geographic marketplace that have been accepted by the City. The City's
geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are stronaly
encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the
established goal.
In accordance with City of Fort Worth Diversity Business Ordinance(BDO)No 20020-12-2011 (the"Ordinance"),the City of Fort Worth
sets goals for the participation of Minority Business Enterprises(MBE)in City contracts. Ordinance No 20020-12-2011 is incorporated
in these General Conditions by reference.A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to
comply with the Ordinance shall be a material breach of contract.
Prior to Award: The MBE documentation required by the procurement solicitation must be submitted within five city business days
after the proposals are opened. Failure to comply with the City's Business Diversity Ordinance,or to demonstrate a"good faith effort",
shall result in a bid being considered non-responsive.
During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors
and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the
subcontractors to the M/WBE Office and the designated representative identified from within the Facilities Management Division.
Contractor must provide the City with complete and accurate information regarding actual work performed by an MBE on the contract
and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in their
possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or the commission of
fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal,state,or local
laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents material facts shall be
determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three(3)years.
The failure of an Offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated
herein,may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period
of time of not less than one(1)year.
The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward their
goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint
venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior
to the award of the Contract.
Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an
opportunity to perform the work. Whenever a change order is$50,000 or more,the M/WBE Office Coordinator shall determine the
goals applicable to the work to be performed under the change order.
During the term of the contract the Contractor shall:
1. Make no unjustified changes or deletions in their MBE participation commitments submitted with the bid/proposal or during
negotiation,without prior submission of the proper documentation for review and approval by the M/WBE Office.
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2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented
in their bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall
notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections of the
Ordinance,exclusive of the time requirements stated in such subsections.
3. The Contractor shall submit to the M/WBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if,
during the term of any contract,the Contractor wishes to change or delete one or more MBE subcontractors or suppliers.
Justification for change of subcontractors may be granted for the following:
1. An MBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or
2. An MBE's-failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the
Contract Documents with limits of coverage no greater than the lower of 1)the limits required of the Contractor by the City;or 2)
the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and
scope and within the Contractor's normal business practice with non-MBE subcontractors/sub consultant's or suppliers;or
3. An MBE's failure to execute the Contractor's standard subcontract form, if entering a subcontract is required by the Contractor
in their normal course of business, unless such failure is due to:
a) A change in the amount of the previously agreed to bid or scope of work;or
b) The contract presented provides for payment once a month or longer and the Contractor is receiving
payment from the City twice a month;or
c) Any limitation being placed on the ability of the MBE to report violations of the Ordinance or any other
ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of
any claim to the Contractor's surety company or insurance company.
d) Mediation shall be a consideration before the request for change is approved.
4. An MBE defaults in the performance of the executed subcontract. In this event,the Contractor shall:
a) Request bids from all MBE subcontractors previously submitting bids for the work,
b) If reasonably practicable, request bids from previously non-bidding MBEs,and
c) Provide to the M/WBE Office documentation of compliance with (a)and (b)above.
5. Any reason found to be acceptable by the M/WBE Office in their 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-MBEs, used on the project.
E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the
Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The
Contractor shall also require each Subcontractor to make similar payments to their subcontractors.
If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular
subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would
otherwise have been issued,for their Work to the extent completed, less the retained percentage.
The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and they shall require
each Subcontractor to make similar payments to their Subcontractors.
The Owner may,on request and at their discretion, furnish to any Subcontractor, if practicable, information regarding percentages of
completion certified to the Contractor on account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor.
E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION (EDA) FUNDED
PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract
requirements as contained herein and to 15 CFR 24 or OMB Circular A-110,as appropriate.
Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in
this section.
No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of
contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government
departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from
EDA grant fluids.
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All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order
11246.
All subcontracts must contain a nondiscrimination clause.
Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts.
Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be
submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement by
submitting a properly executed Department of Labor Form WH-347.
Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the
maximum extent possible.
All subcontractors who employ more than 50 employees,and is a prime or first tier subcontractor,and has a subcontract or purchase
order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year.
Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC-
257.
SECTION F
SEPARATE CONTRACTS
F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work.
When separate contracts are awarded for other portions of the Work, "the Contractor"in the Contract Documents in each case shall
be the contractor who signs each separate contract.
F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity
for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and
coordinate work with theirs.
If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the
Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable
for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other
contractor's work as fit and proper to receive their Work, except as to defects which may develop in the other separate contractor's
work after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due
notice,settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of
any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the
Contractor's expense,and if any judgment against the Owner arises therefrom,the Contractor shall pay or satisfy such judgment and
shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such
suit.
F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting,fitting or patching of
work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The
Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not
cut or alter the work of any other contractor except with the written consent of the Architect.
Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor.
F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning
up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Project Management
Department shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must
familiarize themselves and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances,
Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. The
contractor shall indemnify and save harmless the City and all of their officers and agents against any claim or liability arising from or
based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by themselves, their
employees,agents or subcontractors.
G-2 GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties
hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference
to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same.
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G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and
the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the
Owner herein,the officers,agents and employees of the City of Fort Worth are engaged in the performance of a governmental function
and shall not incur any personal liability by virtue of such performance hereunder,except for gross negligence or willful wrong.
G-4 COMPLIANCE WITH LAWS: Contractor agrees to comply with all laws, Federal,state and local, including all ordinances,
rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales
Tax.
The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for
obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code
Inspection Division in accordance with the permit requirements. Building, plumbing, electrical and mechanical building permits are
issued without charge. Water and sewer tap,impact&access fees will be paid by the City. Any other permit fees are the responsibility
of the Contractor.
G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify,
hold harmless and defend,at their own expense,the Owner,their officers,servants and employees, from and against any
and all claims or suits for property loss,property damage,personal injury,including death,arising out of,or alleged to arise
out of,the work and services to be performed hereunder by Contractor,their 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,their officers,servants,or employees. Contractor likewise covenants and agrees to indemnify
and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any
damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of
this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence
of Owner,their officers,servants or employees.
In the event Owner receives a written claim for damages against the Contractor or their subcontractors prior to final payment,
final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been
settled and/or a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance
carrier that the claim has been referred to the insurance carrier.
The Director may,if deemed appropriate,refuse to whom a claim for damages is outstanding as a result of work performed
under a City Contract.
G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to
the benefit of the parties hereto, their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or
their rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without
the prior written consent of Owner shall be void.
G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or
member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified mail
to the last business address known to them 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 their Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful
performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in
the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as
amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the
said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City
Council of the City of Fort Worth.
Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both
the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal
statutes.
To be an acceptable surety on the bond the name of the surety should be included on the current U. S.Treasury List of Acceptable
Securities[Circular 570],and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance
and payment bonds on a project without reinsurance to the limit of 10 percent of their capital and surplus.
Such a surety must reinsure any obligation over 10 percent.The amount in excess of 10 percent must be reinsured by reinsurers who
are duly authorized,accredited,or trusteed to do business in the State of Texas.
Should any surety for the contracted project be determined unsatisfactory at any time during same,the Contractor shall immediately
provide a new surety bond satisfactory to the City.
If the contract amount is$25,000 or less, payment to the Contractor shall be made in one lump sum. Payment shall not be made for
a period of 45 calendar days from the date the work has been completed and accepted by the City.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance
with the Contract Documents or fails to perform any provision of the Contract, the Owner may,without prejudice to any other remedy
they may have,enter the site and make good such deficiencies.In such case an appropriate Change Order shall be issued deducting
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from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the cost of the Architect's
additional services made necessary by such default,neglect or failure. If the payments then or thereafter due the Contractor are not
sufficient to cover such amount,the Contract shall pay the difference to the Owner.
G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees.they shall defend all suits or claims
for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all
such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified;however,if the
Contractor has reason to believe that the design,process or product specified is an infringement of a patent,they shall be responsible
for such loss unless they promptly give such information to Owner.
G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having
jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner timely notice of their readiness
and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such
inspection,tests and approvals unless otherwise provided.
If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not
included above,the Architect,upon written authorization from the Owner,will instruct the Contractor to order such special inspection,
testing or approval,and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing
reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of
the Work,with Laws,Statutes,Charter,Ordinances, Regulations or Orders of any public authority having jurisdiction,the Contractor
shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall
bear such costs,and an appropriate Change Order shall be issued.
The Contractor shall secure certificate of inspection,testing or approval, and three copies will be promptly delivered by them to the
Architect.The Architect will review the certificates and forward one copy of each with their recommendation(s)to the Owner.
If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where
practicable,at the source of supply.
Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections,tests or
approvals by persons other than the Contractor shall relieve the Contractor from their obligations to perform the Work in accordance
with the Contract Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a
minimum of outage time for all utilities.Interruption shall be by approved sections of the utility.In some cases,the Contractor may be
required to perform the Work while the existing utility is in service.The existing utility service may be interrupted only when approved
by the Owner.When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least ten days
in advance of the time that they desire the existing service to be interrupted. The interruption time shall be kept to a minimum.
Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not
be subject to schedule at the time desired by the Contractor. In such cases,the interruption may have to be scheduled at a time of
minimum requirements of demand for the utility.The amount of time requested by the Contractor of existing utility services shall be
as approved by the Owner.
G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work.
Discrepancies between Drawings,Specifications,and existing conditions shall be referred to the Architect for adjustment before work
affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory
workmanlike manner at the Contractor's sole expense.
The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction
Documents.
Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical
drawings;each with the other that in any affects the locations or elevation of the work to be executed,and should any discrepancy be
found,they shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary
by failure or neglect on their part to comply with this function shall be done at the Contractor's sole expense.
G-14 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the
site or at the building and shall be wholly responsible for the correctness of same.
No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated
on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before
proceeding with the project.
G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is
to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as
required,whether or not shown or specified at the Contractor's sole expense.
Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the
Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the
Drawings.
Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as
approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas.
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G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the
installation of jointed floor,wall and ceiling materials that:
1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under
the subcontract so that the subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes
heating registers, light fixtures,equipment,etc.
If because of the non-related sizes of the various materials and locations of openings,etc.,it is not possible to accomplish the above,
the Contractor shall request the Architect to determine the most satisfactory arrangement.The Contractor shall establish centerlines
for all trades.
G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages.
Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the
ingress or egress to and from existing adjacent facilities.
Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage
the existing work more than necessary. All damaged work shall be replaced, repaired and restored to original condition at no cost to
the Owner.
G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not,
that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The Contractor shall exercise
every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project,including
advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead
do not contact the potable water supply.
G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are
diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be
brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held
responsible for the relocating of any items without first obtaining the Architect's approval.They shall remove and relocate such items
at their own expense if so directed by the Architect.Where possible;uniform margins shall be maintained between parallel lines and/or
adjacent wall,floor or ceiling surfaces.
G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying
capacities by placing of materials,equipment,tools, machinery or any other item thereon. No loads shall be placed on floors or roofs
before they have attained their permanent and safe strength.
G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes,
equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications,or words to
this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions
furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such
instructions shall be furnished to the Architect and their approval thereof obtained before work is begun.
G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by
employees or as a result of the Work.
At completion of work, the General Contractor shall, immediately prior to final inspection of complete building, execute the following
final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed
materials.
1. Sweep and buff resilient floors and base,and vacuum carpeting.
2. Dust all metal and wood trim and similar finished materials.
3. Clean all cabinets and casework.
4. Dust all ceilings and walls.
5. Dust,and if necessary wash,all plumbing and electrical fixtures.
6. Wash all glass and similar non-resilient materials.
7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be
cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings.
Surfaces that are waxed shall be polished.
8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc.shall be cleaned similar to interior of
buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall
be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth.
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9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work
bright,clean and polished. Cost of this cleaning work shall be borne by Contractor.
10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications
shall be taken to indicate the required condition at the time of acceptance of all work under the Contract.
11. Burning:Burning of rubbish on the premises will not be permitted.
G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during
the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations
causing such problems shall be temporarily discontinued and necessary steps taken to control the dust.
G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire
damage or injury to workmen.All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall
not be permitted to be scattered on adjacent property.
Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints;no storage
will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and
removed from the building during unused periods.
A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or
cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot
metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the
premises.
The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241.
However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction.
G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated,such work shall be
neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical
surfaces. Care should be exercised not to damage any work that is to remain.
At no time shall any structural members be cut without written consent from the Architect.
G-26 PROJECT CLOSEOUT
Final Inspection, Record Drawinos: Attention is called to General Conditions Section entitled, "Substantial Completion and Final
Payment".
Maintenance Manual:Sheets shall be 8 1/2"x 11", except pull out sheets may be neatly folded to 8 1/2°x 11". Manuals shall be bound
in plastic covered,3 ring, loose leaf binder with title of project lettered on front and shall contain:
1) Name,address and trade of all sub-contractors.
2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local
representative,for each piece of operative equipment.
3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical
panels,service entrance equipment and light fixtures.
4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other
materials.
Submit two digital electronic copies and one hard copy of Maintenance Manuals, prior to request for final payment.
Operational Inspection and Maintenance Instruction: The Contractor shall provide at their expense, competent manufacturer's
representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications.
This requirement shall be scheduled just prior to and during the initial start-up. After all systems are functioning properly the
representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item.
G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees
required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through
the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract.
The Contractor shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work,
are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended
warrantees shall be included in this contract.
Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner.
Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or their successor(s)in interest.
The Contractor agrees to warrant their work and materials provided in accordance with this contract and the terms of the Technical
Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended
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warrantees,the Contractor shall warrant all work materials,and equipment against defects for a period of one year from the date of
final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided
in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or
workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and
components to bring such items back to at least their original condition.
G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment,one print of each of the
drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the
construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered
to Architect.Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the
work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by
subsequent change to the drawings,the record drawings shall define the construction actually provided.The representation of such
variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be
necessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate,in addition,the actual location
of all sub-surface utility lines,average depth below the surface and other appurtenances.
G-29 CONSTRUCTION FENCE: The Contractor shall provide a substantial chain-link construction fence around all or a part of
the site. The fences and gates must be maintained throughout the construction period.Remove the fences and gates upon completion
of the Project and restore the site to the required original or contract condition.
G-30 PRODUCT DELIVERY,STORAGE, HANDLING: The Contractor shall handle,store and protect materials and products,
including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and
resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize
unnecessary long-term storage at project site prior to installation.
G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project
site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage
shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City.
G-32 MANUFACTURER'S REFERENCE: Catalog,brand names,and manufacturer's references are descriptive,not restrictive.
Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the
project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide
the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor,the Contractor
will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed
substitutions. Where equipment has been listed as "no substitute accepted'; the City will accept no alternates to the specified
equipment.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS
The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar
days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure
to complete punch list items from the Final Inspection in a timely manner and additional weather days beyond what is allotted in the
contract.
The Date of Commencement of the Work is the date established in the Notice to Proceed.See attachment"A"for a sample Notice to
Proceed.
The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval
of the Owner that construction is sufficiently complete, in accordance with the Contract Documents,so the Owner may occupy the
Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof
can be made only by the Owner,and no other form of acceptance will be binding upon the Owner.
A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday, regardless of whether a
"Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract
time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City
of Fort Worth.
A Workino Day is defined as a calendar day,not including Saturdays,Sundays,and legal holidays,in which weather or other conditions
not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between
7:00 a.m.and 6:00 p.m.However,nothing in these Contract Documents shall be construed as prohibiting the Contractor from working
on Saturdays if he so desires. Legal holidays for the City of Fort Worth are defined as being New Year's Day, Independence Day,
Labor Day, Thanksgiving Day, and the day after Thanksgiving, Christmas Day, Memorial Day, Martin Luther King Jr. Day, and
Juneteenth.
H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract.
The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward
expeditiously with adequate forces and shall complete it within the Contract Time.
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H-3 CONSTRUCTION WORK: Noise created by construction work within three hundred(300)feet of an occupied residential
structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as
follows:
Before 7:00 a.m.or after 8:00 p.m.Monday-Friday
Before 9:00 a.m.or after 8:00 p.m.Saturday-Sunday
H-4 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or
neglect of the Owner or the Architect,or by any employee of the Owner,or by any separate contractor employed by the Owner,or by
changes ordered in the Work,or by labor disputes,fire,unusual delay in transportation,unavoidable casualties or any causes beyond
the Contractor's control,or by any cause which the Architect determines may justify the delay,then the contract time may be extended
by Change Order for such reasonable time as recommended by the Architect and approved by the Owner.When the Contractor is
delayed due to abnormal weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the
basis for providing a fair and equitable adjustment of the contract time.
All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay;
otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished,then no claim for delay
shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then
unless such a claim is reasonable.
H-5 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time
provided for)shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work,
whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that they will make no claim for
compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays
said extension of time.
SECTION I
PAYMENTS AND COMPLETION
1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the
Contractor for the performance of the Work under the Contract Documents.
1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment,the Contractor shall submit to the Architect a Schedule
of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum,
divided so as to facilitate payments to Sub-contractors,prepared in such form as specified or as the Architect and the Contractor may
agree upon,and supported by such data to substantiate correctness as the Architect may require.Each item in the Schedule of Values
shall include proper share of overhead and profit.This Schedule,when approved by the Architect and the Owner,shall be used as a
basis for the Contractor's Applications for Payment.
1-3 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed,the Contractor
will make current estimates in writing for review by the Architect and Owner of materials in place complete and the amount of work
performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule
of Values and Progress Schedule.
If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at
the site such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory
to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable
insurance and transportation to the site.
The Contractor warrants and guarantees that title to all Work,materials and equipment covered by an Application for Payment,whether
incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all
liens,claims,security interests or encumbrances hereinafter referred to as"liens';and that no Work,materials or equipment covered
by an Application for Payment will have been acquired by the Contractor,or by any other persons performing the Work at the site or
furnishing materials and equipment for the Work,subject to an agreement under which an interest therein or an encumbrance thereon
is retained by the seller or otherwise imposed by the Contractor or such other person.
The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and
attached thereto AIA Document G703,"Continuation Sheet",to indicate the progress made to date and the period or month for which
payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be
attached before the pay request can be accepted.
1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above,the Architect will, with
reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment,with a
copy to the Contractor,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate.
The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the Architect's observations at the
site and the data comprising the Application for Payment,that the Work has progressed to the point indicated;that the quality of the
Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial
Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract
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Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the
Owner that the Contractor be paid in the amount certified. In addition,the Architect's approval of final payment assures the Owner
that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled.
After the Architect has issued a Certificate for Payment,the Owner shall approve or disapprove same within ten days after it has been
delivered to the Owner. For contracts less than $400,000, Owner shall pay 90%of the approved estimate to the Contractor within
seven days after approval,and the remaining 10%of each such estimate will be retained by the Owner until Substantial Completion.
For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until Substantial Completion.
No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the
Owner,shall constitute an acceptance of any Work not in accordance with the Contract Documents,or relieve the Contractor of liability
in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any defects
in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of
final acceptance of the Work unless a longer period is specified.
1-5 PAYMENTS WITHHELD: The Architect may decline to approve an Application for Payment and may withhold the
Certificate in whole or in part if in their opinion they are unable to make the representations to the Owner as provided in this Section.
The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or
subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be
necessary in their opinion to protect the Owner from loss because of:
1) Defective work not remedied;
2) Claims filed or reasonable evidence indicating probable filing of claims;
3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment;
4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum;
5) Damage to another contractor;
6) Reasonable indication that the Work will not be completed within the Contract Time;or
7) Unsatisfactory prosecution of the Work by the Contractor.
When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The
Owner reserves the right to withhold the payment of any monthly estimate,without payment of interest,if the Contractor fails to perform
the Work in accordance with the specifications.
1-6 LIQUIDATED DAMAGES: The parties agree and acknowledge that actual damages are uncertain and difficult to ascertain
because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable in this
circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits.Therefore,
the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated below are
reasonable and a correct representation of actual damages to the City.The parties also agree that the liquidated damages called for
in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties.The deduction for liquidated
damages shall be as follows:
Amount of Contract Liquidated Damages per Day
$15,000 or less $45
$15,001 to $25,000 $63
$25,001 to $50,000 $105
$50,001 to $100,000 $154
$100,000 to $500,000 $210
$500,001 to$1,000,000 $315
$1,000,001 to$2,000,000 $420
$2,000,001 to$5,000,000 $630
$5,000,001 to$10,000,000 $840
Over$10,000,000 $980
1-7 FAILURE OF PAYMENT: If,without fault on the part of the Contractor,the Architect should fail to issue any Certificate for
Payment within seven days after receipt of the Contractor's Application for Payment,if the Contractor's Application for Payment,or if,
without fault on the part of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95%(as
applicable)of the amount thereof within the period of time specified,then the Contractor may,upon seven(7)days additional written
notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received.
1-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment,the Contractor must meet
all provisions for Project Closeout.
When the Contractor determines that the Work is substantially complete,the City shall inspect the project with the Contractor and the
contractor will prepare a"Preliminary Punch List".
When the Architect,on the basis of a subsequent inspection,determines that the Work is substantially complete,they then will prepare
a Certificate of Substantial Completion(G704)which,when approved by the Owner,shall allow the Contractor to request a Certificate
of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the
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responsibilities of the Owner and the Contractor for maintenance, heat, utilities,and insurance, shall set forth the remaining work as
a"final punch list".The Contractor shall complete the remaining work listed therein within 30 calendar days. When the Certificate of
Occupancy has been issued,the retainage may be reduced to 4%.
Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to
2.5%.
Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within
the fixed time, the contract time will again commence. Should the Contractor fail to complete the work within the contract duration,
liquidated damages will be assessed
Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion
of the final punch list by cosigning it with the Contractor.
The Contractor shall submit the following items to the City prior to requesting final payment:
1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and
other indebtedness connected with the Work for which the Owner or their property might in any way be responsible, have been
paid or otherwise satisfied,
2) Consent of Surety to Final Payment(G707), if any,to final payment,
3) Contractor's Affidavit of Release of Liens (G706A),and,
4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising
out of the Contract,to the extent and in such form as may be designated by the Owner.
5) Contractor's Warranty
6) Statement that all outstanding work has been completed
7) Issuance of the Final Certificate of Substantial Completion
8) Final acceptance by the City of Fort Worth.
If any Subcontractor,materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens,the Contractor may,at the
election of the Owner, furnish a bond satisfactory to the Owner to indemnify them against any right, claim or lien which might be
asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are
made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or
lien, including all costs and reasonable attorney's fees.
The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the
Contractor except those previously made in writing and still unsettled.
The Contractors one-year warranty will commence upon Substantial Completion of the Project. Trees will be warranted for a period
of two-years per City ordinance. Prior to the expiration of the one year warranty there will be a walk through attended by the Owner,
Architect, and Contractor to identify any items that need to be addressed. These items will be agreed upon by all parties and the
contractor will complete the work within 30 days.
The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding
upon the Owner.
1-9 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and
until all requirements have been met,with the exception of Consent of Surety for Final Payment.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and
supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member
of their organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent
unless otherwise designated in writing by the Contractor to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of,and shall
provide all reasonable protection to prevent damage, injury or loss to:
(1) All employees on the Work and all other persons who may be affected thereby;
(2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care,
custody or control of the Contractor or any of their Subcontractors or Sub-contractors;and
(3) Other property at the site or adjacent thereto,including trees,shrubs,lawns,walks,pavements,roadways,structures and utilities
not designated for removal,relocation or replacement in the course of construction.
Until acceptance of the Work, it shall be under the charge and care of the Contractor, and they shall take every precaution against
injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution
or from the non-execution of the Work.The Contractor shall rebuild,repair,restore and make good,at his own expense,all injuries or
damages to any portion of the Work occasioned by any of the above,caused before completion and acceptance.
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The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. They shall erect and maintain, as
required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection,including posting danger
signs and other warnings against hazards,promulgating safety regulations and notifying owners and users of adjacent utilities.
When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,the
Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel.
All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any
Subcontractor,or anyone directly or indirectly employed by any of them,or by anyone for whose acts any of them may be liable,shall
be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the
Architect or anyone employed by them or for whose acts they may be liable, and not attributable to the fault or negligence of the
Contractor or anyone claiming through the Contractor for such damage or loss.
The Contractor shall not load or permit any part of the Work to be loaded so as to endanger safety.
J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work.
Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The
Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors.Contractor shall provide hard hats for use by
the consulting Architects and Engineers and visitors.
J-4 EMERGENCIES: In any emergency affecting the safety of persons or property,the Contractor shall act at their discretion
to prevent threatened damage,injury or loss.Any additional compensation or extension of time claimed by the Contractor on account
of emergency work shall be determined as provided in Changes in the Work.
J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in
performing required work so as to insure the safety of their workmen,City employees and the public. The Contractor shall keep the
premise free at all times from accumulation of waste materials or rubbish. At the completion of the work,the Contractor shall remove
all their wastes and rubbish from and about the work area,as well as their tools,equipment and surplus materials and shall leave the
area as clean and free of spot,stains,etc.,as before the work was undertaken.
J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and
stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per-unit cost for trench safety
measures in their bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches
over 5 feet in depth in their Schedule of Values.
SECTION K-INSURANCE
K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until they have obtained all
insurance required under this Section and such insurance has been approved by the City of Fort Worth,nor shall the Contractor allow
any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been
so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's
Compensation.
K-2 WORKERS'COMPENSATION INSURANCE
1) General:
a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing that
it has obtained a policy of workers compensation insurance covering each of their employees employed on the project in
compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section.
b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will
perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy
of workers compensation insurance covering each employee employed on the project. Contractor will not permit any
subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all
such certificates to the Owner(City).
c) By signing this Contract or providing or causing to be provided a certificate of coverage,the Contractor is representing to
the City that all employees of the Contractor who will provide services on the project will be covered by worker's
compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification
codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the
case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation.
Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil
penalties or other civil actions.
d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the
City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach
from the City.
2) Definitions:
a) Certificate of Coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by
the Texas Workers' Compensation Commission, or a coverage agreement(TWCC-81, TWCC-82,TWCC-83, or TWCC-
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84),showing statutory workers'compensation insurance coverage for the person's or entity's employees providing services
on a project,for the duration of the project.
b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work
on the project has been completed and accepted by the City.
c) Persons providing services on the project("subcontractor" in section 406.096)-includes all persons or entities performing
all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person
contracted directly with the Contractor and regardless of whether that person has employees. This includes, without
limitation,independent contractors,subcontractors,leasing companies,motor carriers,owner-operators,employees of any
such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include,
without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other
services related to a project. "Services"does not include activities unrelated to the project,such as food/beverage vendors,
office supply deliveries,and delivery of portable toilets.
3) Requirements:
a) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of
any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all
employees of the Contractor providing services of the project,for the duration of the project.
b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract.
c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project,the
Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that
coverage has been extended.
d) The Contractor shall obtain from each person providing services on a project,and provide to the City:
i) a certificate of coverage,prior to that person beginning work on the project,so the governmental entity will have on file
certificates of coverage showing coverage for all persons providing services on the project;and
ii) no later than seven days after receipt by the Contractor,a new certificate of coverage showing extension of coverage,
if the coverage period shown on the current certificate of coverage ends during the duration of the project.
e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter.
f) The Contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor
knew or should have known,of any change that materially affects the provision of coverage of any person providing services
on the project.
g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's
Compensation Commission, informing all persons providing services on the project that they are required to be covered,
and stating how a person may verify coverage and report lack of coverage.
h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to:
i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage
agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of their employees
providing services on the project,for the duration of the project;
ii) provide to the Contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage
is being provided for all employees of the person providing services on the project,for the duration of the project;
iii) provide the Contractor,prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,
if the coverage period shown on the current certificate of coverage ends during the duration of the project;
iv) obtain from each other person with whom it contracts,and provide to the Contractor:
(1) a certificate of coverage,prior to the other person beginning work on the project;and
(2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the
coverage period shown on the current certificate of coverage ends during the duration of the project;
v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter.
vi) notify the City in writing by certified mail or personal delivery,within ten (10) days after the person knew or should have
known,of any change that materially affects the provision of coverage of any person providing services on the project;and
vii) contractually require each person with whom it contracts,to perform as required by paragraphs h-i)-vii),with the certificates
of coverage to be provided to the person for whom they are providing services.
4) Posting of Required Worker's Compensation Coverage:
a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are
required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This
notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas
Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in
at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker
population. The text for the notices shall be the following text,without any additional words or changes:
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"REQUIRED WORKER'S COMPENSATION COVERAGE
The law requires that each person working on this site or providing services related to this construction project
must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering
equipment or materials,or providing labor or transportation or other service related to the project, regardless of
the identity of their employer or status as an employee".
Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal
requirement for coverage,to verify whether your employer has provided the required coverage, or to report an
employer's failure to provide coverage."
K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability
Insurance as shall protect them,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims
of damage which may arise from operations under this Contract, including blasting,when blasting is done on, or in connection with
the Work of the Project, whether such operations be by themselves or by any Subcontractor or by anyone directly or indirectly
employed by either of them and the limits of such insurance shall be not less than the following:
1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage.
Coverage shall be on"any auto"including leased,hired,owned,non-owned and borrowed vehicles used in connection with this
Contract.
2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that
provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no
exclusions by endorsement unless such are approved by the City.
3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials,
the Contractor,or subcontractor performing the removal,shall be required to maintain Asbestos Abatement Liability Insurance
as follows: $1,000,000 per occurrence;$2,000,000 aggregate limit. The coverage shall include any pollution exposure,including
environmental impairment liability, associated with the services and operations performed under this contract in addition to
sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs.
K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure, pay
for and maintain at all times during the term of this Contract,Builder's Risk Insurance against the perils of fire,lightning,windstorm,
hurricane, hail, riot,explosion,civic commotion,smoke,aircraft, land vehicles,vandalism,and malicious mischief,at a limit equal to
100%of the Contract Sum.
The policy shall include coverage for materials and supplies while in transit and while being stored on or off site.If specifically required
in the Instructions to Bidders,the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must
be approved by the City.
Consequential damage due to faulty workmanship and/or design performed by the Contractor or their agents shall be covered.
Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance.
K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Property
Management Department,City of Fort Worth as a"Certificate Holder',and noting the specific project(s)covered by the Contractor's
insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon
the agents and/or insurers for the Contractor's insurance coverages specified for the project(s).
K-6 OTHER INSURANCE RELATED REQUIREMENTS
1) The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies.
2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth.
3) Insurers of policies maintained by Contractor and their subcontractor(s), if applicable,shall be authorized to do business in the
State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar
as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating
of at least A:VII,as stated in current edition of A.M.Best's Key Rating Guide. At the City's sole discretion,a less favorable rate
may be accepted by the City.
4) Deductible limits on insurance policies and/or self-insured retentions exceeding$10,000 require approval of the City of Fort Worth
as respects this Contract.
5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation
or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract.
6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth.
7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.
Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance
requirements specified herein.
8) The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including
endorsements thereto and,at their discretion,to require proof of payment for policy premiums.
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9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided
to the City in a timely manner.
11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance
policy or program maintained by the City of Fort Worth.
12) Contractor shall agree to either require their subcontractors to maintain the same insurance coverages and limits thereof as
specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors.
SECTION L
CHANGES IN THE WORK
L-1 CHANGE ORDER: The Owner,without invalidating the Contract,may order Changes in the Work within the general scope
of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted
accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable
conditions of the Contract Documents.
A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect, issued after the execution of
the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the
Contract Time may be changed only by Change Order.
Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City,shall be
coordinated with the Director,Property Management Department. A change order must be written and duly negotiated and executed
prior to performing changed work.
The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways:
1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated
in the original contract proposal;
2) by unit prices stated in the Contract Documents or subsequently agreed upon;or
3) by cost and a mutually acceptable fixed or percentage fee.
If none of the methods set forth herein above is agreed upon,the Contractor,provided they receive a Change Order,shall promptly
proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable
expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In
such cases,the Contractor shall keep and present,in such form as the Architect shall prescribe,an itemized accounting together with
appropriate supporting data.Pending final determination of cost to the Owner,payments on account shall be made on the Architect's
Certificate of Payment as approved by the Owner.
If after the Contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope
of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing.
The Architect shall review the price quotation and if approval is recommended,forward the proposed change order request and price
proposal to the Owner for approval. If approval is not recommended,the Architect will attempt to negotiate with Contractor to revise
the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an
equitable solution,the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City
and require specific documentation to be provided by Contractor in accordance with the paragraph above.
Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work
Orders which results in an increase in cost of the contract amount by over$100,000. Normal processing time for the City Staff to
obtain City Council approval,once the recommended change order has been received at the City,is approximately thirty days.Owner
and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact
on the construction schedule.
If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so
changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a
hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship.
If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A,
(2)any order by the Architect or Owner to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written
order for a minor change in the Work,the Contractor shall make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract
Sum or an extension in the Contract Time, they shall give the Architect written notice thereof within a reasonable time after the
occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the
Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J.
No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim,if approved
by the Owner,shall be authorized by Change Order.
L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered,the following
applicable percentage shall be added to Material and Labor costs to cover overhead and profit:
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1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed
fifteen percent Lla%J.
2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor
shall not exceed ten percent L12%J.
L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an
adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents.
Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect
and shall be binding on the Owner and the Contractor.
L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order
minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders
promptly.
SECTION M
UNCOVERING AND CORRECTION OF WORK
M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for
observation and replaced,at the Contractor's expense.
If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect
or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with
the Plans and Specifications,the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner.
If such work be found not in accordance with the Plans and Specifications,the Contractor shall pay such costs unless it is found that
this condition was caused by a separate contractor employed by the Owner.
M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Architect or Owner as defective
or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not
fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the
Architect's additional service thereby made necessary.
If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the
terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in
accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to
do so,unless the Owner has previously given the Contractor a written acceptance of such condition,describing same specifically and
not generally.The Owner shall give such notice promptly after discovery of the condition.
All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the
work shall be corrected to comply with the Contract Documents without cost to the Owner.
Defective or non-conforming work shall be completed in a timely manner.The Contractor shall respond and/or repair any work that is
deemed an emergency by the City within 24 hours.The Contractor shall respond and/or repair any other defective or non-conforming
work within three working days.
The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or
correction.
If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the
Owner, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does
not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell
such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have
been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all
costs that the Contractor should have borne,the difference shall be charged to the Contractor and an appropriate Change Order shall
be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contractor shall pay the
difference to the Owner.
If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G.
The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon them
by special guarantees required by the Contract Documents or otherwise prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non-
conforming work,he may do so instead of requiring removal and correction,in which case a Change Order will be issued to reflect an
appropriate reduction in the Contract Sum,or, if the amount is determined after final payment, it shall be paid by the Contractor.
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or
other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or
any other persons performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of 30
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days by the Contractor for the Owner's failure to make payment thereon as provided in Section I,then the Contractor may after the
end of such period of 30 days and upon seven additional days'written notice to the Owner,terminate the Contract.
N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt,or if they make a general assignment for the
benefit of their creditors,or if a receiver is appointed on account of their insolvency,or if the Contractor refuses,except in cases for
which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if they fail to make prompt
payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes,Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract
Documents,then the Owner, on their own initiative that sufficient cause exists to justify such action, may, without prejudice to any
rights or remedy and after giving the Contractor and their surety, if any,seven (7)days'written notice,terminate the employment of
the Contractor and take possession of the site and of all materials,equipment,tools,construction equipment and machinery thereon
owned by the Contractor and may finish the work by whatever method they may deem expedient. In such case the Contractor shall
not be entitled to receive any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for the Architect's additional services exceed the unpaid balance of the
Contract,the Contractor shall pay the difference to the Owner.
The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever such termination is in the best
interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent
performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the
Contractor shall:
a) Stop work under the Contract on the date and to the extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated.
c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of
termination.
After termination as above,the City will pay the Contractor a proportionate part of the contract price based on the work completed;
provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion
thereof allocable to the work not completed and further reduced by the amount of payments,if,any otherwise made. Contractor shall
submit a claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event
of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph,such dispute
or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and the decision by the City Council of
the City of Fort Worth shall be final and binding upon all parties to this contract.
SECTION O
SIGNS
The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance
with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the Contractor's
Base Bid for the Project.
The Contractor may install their company sign and shall allow the Architect to install their company sign.No other signs will be allowed.
SECTION P
TEMPORARY FACILITIES
P-1 SCOPE: The Contractor shall furnish,erect,and maintain facilities and perform temporary work required in the performance
of this Contract,including those shown and specified.
P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and
subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient
utilization.
P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and
sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be
removed from the premises and disposed of unless otherwise directed or specified hereunder.
P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects
under$1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City.
The Contractor shall provide a temporary field office building for themselves,their subcontractors and use by the Architect and Owner.
For construction contracts with a bid price in excess of$1,000,000.00,the Contractor shall provide a separate field office for the City's
field representative(but the separate office may be in the same structure). The buildings shall afford protection against the weather,
and each office shall have a lockable door,at least one window,adequate electrical outlets and lighting,and a shelf large enough to
accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time
during the operation of the work of the Contract. During cold weather months,the field offices shall be suitably insulated and equipped
with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be
equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract,
the Contractor shall remove the building from the premises. In addition to the drawing shelf,provide for the City field representatives
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CFW PMD—Hazel Harvey peace
February 2022
office:one desk,four chairs,plan rack and a four drawer filing cabinet(with lock). Each office shall contain not less than 120 square
feet of floor space.
The Contractor shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for
their use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed,or as directed.
P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection (WIFI)for the City and
Architect.
P-6 TOILET FACILITIES: The Contractor shall provide proper,sanitary and adequate toilet facilities for the use of all workmen
and subcontractors employed on the project.
P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required
during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These
meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required
to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all
trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing
voltages,pressures,frequencies,etc.will be available to the Contractor.
Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on
the Drawings. Pipe water from the source of supply to all points where water will be required.
Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors
engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures.
Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary,electric service
shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding
machines,lights,heating plant,air conditioning system,pumps,and other work required. Provide sufficient number of electric outlets
so that 50 foot long extension cords will reach all work requiring light or power.
Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and
at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a
socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event,the lighting intensity shall not be less than 5 foot
candles in the vicinity of work and traffic areas.
P-8 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat,
ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to
prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such
heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall
provide heat ventilation prior and during the following work operations as follows:
a) At all times during the placing,setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved
to not less than 40 F.
b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a
temperature in the spaces involved of not less than 55 F.
c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting,
decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F.
P-9 TEMPORARY CONSTRUCTION,EQUIPMENT AND PROTECTION: The Contractor shall provide,maintain,and remove
upon completion of the work all temporary rigging,scaffolding,hoisting equipment,rubbish chutes,ladders to roof,barricades around
openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and
furnishing of scaffolds with their sub-contractors.
The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences,
barricades,lights,shoring,pedestrian walkways,temporary fire escapes,and other protective structures or devices necessary for the
safety of workmen,City employees,equipment,the public and property.
All temporary construction and equipment shall conform to all regulations,ordinances,laws and other requirements of the authorities
having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard.
The Contractor shall provide and maintain pumping facilities,including power,for keeping the site,all times,whether from underground
seepage,rainfall,drainage of broken lines.
The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible,
maintain a night
The Contractor shall provide and maintain all barricades or enclosures,required to protect the work in progress from outside elements,
dusts,and other disturbances as a result of work under this Contract. Such protection shall be positive,shall meet the approval of
the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified.
P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather-
tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for
General Conditions of the Contract for Construction Lump Sum Contract Page 47 of 49
CFW PMD—Hazel Harvey peace
February 2022
locking. The bulletin board shall be mounted where and as approved by the Owner,in a prominent place accessible to employees of
the Contractor and sub-contractors,and to applicants for employment. The bulletin board shall remain the property of the Contractor
and shall be removed by them upon completion of the Contract work. The following information which will be furnished by the City to
the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times
for the duration of the Contract.
a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38).
b. Wage Rate Information Poster(Form SOL 155), with the Contract Schedule of minimum wage rates as required by the
Davis-Bacon Act.
C. Safety Posters.
SECTION Q
VENUE
Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas.
General Conditions of the Contract for Construction Lump Sum Contract Page 48 of 49
CFW PMD—Hazel Harvey peace
February 2022
FoRTWORTH
Attachment "A"
Date:
NOTICE TO PROCEED
Contractor
Address
Phone: (xxx)xxx-xxxx
Project Name:
Gentlemen:
Pursuant to the provisions of City Secretary Contract Number xxxxx this is your authority to proceed on the
referenced project on date.Prior to commencing work,it will be necessary for you to c ct James Diestel,
Construction Superintendent,who will be in charge of subject project,and make arrang nts with him to inspect
project construction.He may be contacted at(817)392-8072.
Sincerely,
James i
Construction Superintendent
Cc:M/WBE Office
File
PROPERTY MANAGEMENT DEPARTMENT
FACILITIES DIVISION
THE CITY OF FORT WORTH*401 WEST 13TH STREET*FORT WORTH,TEXAS 76102
(817)392-2586*FAx(817)392-8488
General Conditions of the Contract for Construction Lump Sum Contract Page 49 of 49
CFW PMD—Hazel Harvey peace
February 2022
3/28/22,2:00 PM M&C Review
Official site of the City of Fort Worth,Texas
CITY COUNCIL AGENDA FOT Wow
Create New From This M&C
DATE: 12/14/2021 REFERENCE**M&C 21- LOG NAME: 21HAZEL HARVEY PEACE CENTER
NO.: 0982 FLOOR REPAIR
CODE: C TYPE: CONSENT PUBLIC NO
HEARING:
SUBJECT: (CD 8) Authorize the Execution of a Settlement Agreement with Imperial Construction, Inc.
to Settle All Claims Regarding Foundation Issues at Hazel Harvey Peace Center,
Authorize Execution of a Construction Contract with Imperial Construction, Inc., in an
Amount Not to Exceed $335,000.00, for Floor Repairs to the Hazel Harvey Peace Center;
Adopt Attached Appropriation Ordinance and Amend the Fiscal Years 2022-2026 Capital
Improvement Program
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize execution of a settlement agreement with Imperial Construction, Inc. to settle all claims
associated with foundation issues at the Hazel Harvey Peace Center;
2. Authorize execution of a construction contract with Imperial Construction, Inc., in an amount not to
exceed $335,000.00 for floor repairs at the Hazel Harvey Peace Center;
3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
General Capital Projects Fund in the amount of$335,000.00, from available funds, for the purpose of
funding the Recurring Facility Maintenance and Repairs Programmable Project (City Project No.
P00049), and
4. Amend the Fiscal Years 2022-2026 Capital Improvement Program.
DISCUSSION:
The Hazel Harvey Peace Center was constructed by Imperial Construction, Inc. ("Imperial") in 2009. In
the following years the main lobby area developed cracking and buckling of the floor. The City hired
Renate L. Woods, P.E. to conduct a structural review of the Hazel Harvey Peace Center. Renate L.
Woods found that improperly placed or failed carton forms used in pouring the foundation caused the
foundation defects. Further, they recommended replacement and repairs of the foundation defects.
The City determined that the replacement and repairs will cost approximately $335,000.00.
Imperial worked closely with the City in our efforts to discover the cause of this problem and find a
repair. They have been a partner in working with their insurance company to reach this negotiated
settlement. The Settlement Agreement requires a transfer to the City, of$335,000.00 from Imperial's
insurance company and in exchange the City will sign a construction contract for the same amount for
Imperial to do the remediation work at the Hazel Harvey Peace Center.
City staff is confident that Imperial will be able to address the foundation issues successfully as they
have completed a number of projects for the City, including the Meacham Terminal building, to City
staff's full satisfaction.
Funding: Funding for this project was not included in the FY2022-2026 Capital Improvement
Program. This project is the result of a latent construction defect discovered years after the completion
of the project. This action in this M&C will amend the FY2022-2026 Capital Improvement Program as
approved in connection with Ordinance 24446-09-2020.
Permit Fees: In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth
Building Administrative Code, Section 109.2.1, Exception 2; "Work by non-City personnel on property
under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for
action under a contract that will be or has been approved by City Council with notes in the contract
apps.cfwnet.org/council_packet/mc_review.asp?ID=29529&councildate=12/14/2021 1/2
3/28/22,2:00 PM M&C Review
packages stating the fee is waived."
Diversity and Inclusion: Imperial Construction, Inc. is in compliance with the City's Business Equity
Ordinance by committing to 29\% Business Equity participation on this project.
The Hazel Harvey Peace Center is located in COUNCIL DISTRICT 8.
FISCAL INFORMATION/CERTIFICATION:
The Director of Finance certifies that funds will be available in the current capital budget, as
appropriated, of the General Capital Projects Fund. Prior to an expenditure being incurred, the
Property Management Department has the responsibility to validate the availability of funds.
TO
Fund Department Account Project Program Activity Budget Reference # Amount
ID ID Year (Chartfield 2)
FROM
Fund Department Account Project Program Activity Budget Reference # Amount
ID I ID I I Year (Chartfield 2)
Submitted for City Manager's Office by_ Dana Burghdoff(8018)
Originating Department Head: Steve Cooke (5134)
Additional Information Contact: Brian Glass (8088)
ATTACHMENTS
21 HAZEL HARVEY PEACE CENTER FLOOR REPAIR 30100 A022(r3).docx (Public)
21 HAZEL HARVEY PEACE 30100 (2) edited.xlsx (CFW Internal)
Form 1295.pdf (CFW Internal)
Hazel Harvey Peace Center Floor Repair map.pdf (Public)
HHP Fundation Repair Compliance Memo.pdf (CFW Internal)
SAM Imperial Construction Inc.pdf (CFW Internal)
apps.cfwnet.org/council_packet/mc_review.asp?ID=29529&councildate=l 2/14/2021 2/2