HomeMy WebLinkAbout025497 - Construction-Related - Contract - Intrepid Contractors, Inc.�
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City of Fort T�ort�i, Texas
Mayor �nd �ouncil �ommunicatton
DATE REFERENCE NUMBER I.OG NAME PAGE
11/16/99 **C-17755 � 20LEE 1 of 2
SUBJECT AWARD OF CONSTRUCTIO CONTRACT TO INTREPID ONTRACTORS, INC. FOR
IMPROVEMENTS TO THE MCLELAND TENNIS CENTER
RECOMMENDATION:
It is recommended that the City Council approve the execution of a construction contract with lntrepid
� Contractors, Inc. for improvements to the _McLeland Tennis Center, including�N-alternate�; in the
amount of $82,310 with a construction duration of 60 calendar days. �
ODISCUSSION:
The McLeland Tennis Center has suffered from foundation shifting which has disturbed the playing
OsurFaces and deck areas. Additional renovation was required for the drainage, light supports, fencing
and shade covers for the spectators. This project will correct these deficiencies.
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The repair of the center was anticipated by the Parks and Community Services Department and
included in the 1998 � `�d-program.
The project was designed by RPGA Architects, and was advertised for bid in the Commercial Recorder
August 26 and September 2, 1999. On September 23, 1999, the fopowing bids were received:
Contractor
Intrepid Contractors, Inc.
American Tennis Court
Gontractors, Inc.
JDC Construction, Inc.
R. J. Miller and Assoc., Inc.
Ferrier Builders, Inc.
Base Bid A{t. 1
78,867 13,082
87,773 8,937
93,400 12,8Q0
144,900 18,900
No Bid
AIt.2 AIt.3 AIt.4
3:443 �35,551 2,025
7,777 46,259 1,477
2,000 76,000 1,500
6,300 28,000 2,420
AIt.5 Days
1,090 60
7,777 60
750 100
5,000 180
The base repairs include the resurfacing of fin►elve courts,, repair of retaining walls, replacement of two
light,poles, and replacement of other basic elements of the tennis court area.
The alternates are described as follows:
Add Alternate 1: Install accessible ramp for six courts
Add Alternate 2: Repaint backboard, install new gate, clean drain, create drainage swale
Add Alternate 3: Repave audience gallery area
Add Alternate 4: Replace flagpole, fence poles, repair fence
Add Alternate 5: Repair landscaping
It is recommended that the Base Bid plus Alternate 2 be awarded to the apparent fow bidder, Intrepid
Contractors, Inc. in the amount of $82,310.
� Intrepid Con#ractors, Inc. is in compliance with the City's M/VNBE Ordinance by committing to- 22%
M/WBE participation. The City's goal on this project is 11 %.
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� Ci o Fort Worth Texas
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Q Mayor �nd �oun�il �ommunicatron
DATE REFERENCE NUMBER LOG NAME PAGE
11/16/99 **C-17755� I 20LEE 2.of 2
� SUBJECT AWARD OF CONSTRUCTION CONTRACT TO INTREPID ONTRACTORS, INC. FOR
IMPROVEMENTS TO THE MCLELAND TENNIS CENTER
� The ro'ect budget will be as follows: ,�
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� Construction Contract $82,310
TPW Inspection and Contract Management (4%) 3,200
PACSD Administration (1.7%) 1,400
� Change Orders (5%) � 4.116
Total $91,026
� The McLeland Tennis Center is located in COUNCIL DISi'RICT 9.
FISCAL INFORMATION/CERTIFICATION: . .
aThe Finance Director certifies that funds are available in the current capital budget, as appropriat�d, of
the Parks and Community Services Improvements Fund�. �
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Submitted for City 1VIanager's I FUND � ACCOUNT I CENTER I AMOUNT CITY SECRETARY
oOffice by: � (to)
Mike Groomer 6140 I �
Originating Departmeut Head: I
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Hugo Malanga 7801 �(from) APPROVED 11/16/99
C181 541200 0�0181047090 $82,310.00 AS AMENDED
� Additional Information Contact: I
Hugo Malanga 7801 � � _
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� DESIGN TEAM MEMBERS
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IMPROVEMENTS
McLELAND TENNIS CENTER
DESIGN TEAM MEMBERS
CITY OF FORT WORTH
TRANSPORTATION & PUBLIC WORKS
DEPARTMENT
Hugo Malanga - Director
Michael J. Mathews - Chief, Facilities Management
McLeland Tennis Center
PARKS AND COMMUNITY SERVICES DEPARTMENT
Richard Zavala - Director
George Kruzick - Golf Operations Manager
ARCHITECTURAL AND ENGINEERING CONSULTANT TEAM
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, ARCHITECT
RPGA DESIGN GROUP, INC.
101 S. Jennings Avenue, Suite 100
Fort Worth, Texas 76104
(817) 332-9477 FAX (817) 332-9487
STRUCTURAL ENGINEER
R. L. Woods and Associates
101 E. Randol Mill, Suite 201
Arlington, TX 76011
(817) 277-6686 FAX (817) 277-6689
R P G A
� D E S I G N G R O U P, I N C.
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� TABLE OF CONTENTS
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� ection Subiect
� DESIGN TEAM MEMBERS
� TABLE OF CONTENTS
BIDDING REQUIREMENTS
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� GENERAL REQiJIREMENTS
� 01010 - Summary of Wor
01045 - Cutting and Patc
01630 - Product Options
� 01710 - Final Cleaning
SITE WORK
� 02050 - Demolition
02522 - Ramps and Side
� 02732 - Tennis Court Res
METALS
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05500 - Miscellaneous Fa
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R P G A
� D E S 1 G N G R O U P,
CONTRACT DOCUMENTS AND
TECHNICAL SPECIFICATIONS
for
IMPROVEMENTS
McLELAND TENNIS CENTER
TABLE OF CONTENTS
k
hing
and Substitutions
walks
urfacing
brications
I N C.
McLeland Tennis Center
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NOTICE TO BIDDERS
INSTRUCTION TO BIDDERS
SPECIAL INSTRUCTION TO BIDDERS (M-WBE)
PROPOSAL
GENERAL CONDITIONS
WAGE RATES
WEATHER TABLE
PROJECT DESIGNATION SIGN
TEXAS CERTIFICATE OF EXEMPTION
CONSTRUCTION CONTRACT
QTABLE OF CONTENTS
� THERMAL PROTECTION
a07920 - Caulking and Sealants
FINISHES
� 09900 - Painting
� PERFORMANCE BOND
PAYMENT BOND
aCONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW
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R P G A
� D E S I G N G R O U P, I N C.
McLeland Tennis Center
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NOTICE TO BIDDERS
Sealed bids for Improvements at the McLeland Tennis Center, 1600 West Seminary, Fort Worth,
Texas will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort
Worth, 76107, unti11:30 P.M., Thursday, September 23,1999, and will be opened and publicly
read aloud approximately thirty minutes later in the Council Chambers.
A Pre-Bid Conference will be held at 10:00 AM, Tuesday, September 7, 1999, at the McLeland
Tennis Center.
The Project consists of court resurfacing, retaining wall replacements, lighting repair, small
structure repair and replacements, landscaping improvements and other general-repair items.
The estimated cost of the base project is less than $100,000. Five add-alternates are included.
The MWBE Goal for this project is 11%. Contact the MWBE office (871-6104) to obtain lists of
certified subcontractors and suppliers.
Contractors will be required to post Payment and Performance Bonds and provide Contractors
General Liability and Statutory Workers Compensation Coverage.
Copies of the Project Manual and plans for this project may be obtained at the Department of
Engineering Plans Desk, City Hall, 1000 Throckmorton Street (817-871-7910) in return for a$50
deposit for each set. For additional information contact Javier Lucio, RRGA Architects, at 332-
9477 or Robert Wood, R.A., City of Fort Worth, at 871-8088.
Advertisement: Thursday, August 26, 1999
Thursday, September 2, 1999
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INSTRUCTIONS TO BIDDERS
1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the
responsiveness of a Proposal:
• Use the Proposal Form provided in the Project Manual.
• Entries on the Proposal Form may be handwritten or typed
• Write in contract duration if not specified
• Acknowledge all Addendums on the Proposal Form
• Have a Principal sign the Proposal
• Enclose a bid deposit of 5%. This can be in the form of a cashiers check or
standard bid bond. Personal checks are not acceptable. Note Project Name on
the check or bid bond
2. MINORITYM/OMENS BUSINESS ENTERPRISE (M/WRF1
� If your bid is in excess of $25,000, the MWBE Program applies, and you have five City business
days following the bid date to prepare and submit your M/WBE Plan. Early submittal is
encouraged. Be aware that if you elect to provide documentation of a Good Faith Effort you will
have to accomplish each and every action in the Special Instructions to Bidders, Minority and
� Women Business Enterprises Specifications, included in this Project Manual. In order to meet all
the requirements for a Good Faith Effort you will have to start at least two weeks before the Bid
date.
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The lowest responsive, responsible, bidder meeting the M/WBE requirements will be
recommended for award. Information concerning participation of Minority and Women's Business
Enterprises is not required for Projects less than $25,000. All purchases from M/WBE suppliers,
second tier subcontractors and second tier suppliers may be included .in M/WBE contribution
toward meeting the goal.
� The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER
FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The
Documentation must be received no later than 5:00 P.M. five (5) City business days after the bid
� opening date. The Bidder shall obtain a receipt from the appropriate employee of the managing
department to whom delivery was made. Such receipt shall be evidence that the Documentation
was received by the City.
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Successful Bidder will be required to submit co-signed letters of intent or executed agreements
with all M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed.
3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of
Fort Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must
accompany the bid and is subject to forfeit fin the event the successful bidder fails to execute the
contract documents within ten (10) days after the contract has been awarded. The Bid Security
shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security
will result in the proposal not being considered for this project. Bidder's bond will be returned if
the City fails to award the contract within 49 calendar days of receipt of bids, unless an extension
is agreed to by the Bidder.
4. PAYMENT BOND AND PERFORMANCE BOND.: For projects in excess of $25,000, the
successful bidder entering into a contract for the work will be required to give the City surety in a
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sum equal to the amount of the contract awarded. The form of the bond shall be as herein
provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet
the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended.
In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on
the current U. S. Treasury List of Acceptable Sureties (Circular 870}, or (2} the surety must have
capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do
business in the state of Texas. The amount of the bond shall not exceed the amount shown on
the Treasury list or one-tenth of the total capital and surplus. If reinsurance is required, the
company writing the reinsurance must be authorized, accredited or trusteed to do business in
Texas.
No sureties will be accepted by the City which are at the time in default or delinquent on any
bonds or which are interested in any litigation against the City. Should any surety on the contract
be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that
effect and the contractor shall immediately provide a new surety to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump
sum. Payment shall not be made for a period of 45 calendar days from the date the work has
been competed and accepted by the City.
If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the
contract, solely for the protection of all claimants supplying labor and materials in the prosecution
�of the work.
If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the
amount of the contract, conditioned on the faithful performance of the work in accordance with the
plans, specification, and contract documents. Said bond shall be solely for the protection of the
City of Fort Worth. .
5. BOND SURETY: Preferred sureties for bonds required for the project are included on the
current U. S. Department of the Treasury - Fiscal Service list of companies holding certificates of
authority as acceptable sureties on federal bonds and as acceptable reinsuring companies
(Circular 570). The limit of a bond written by any one acceptable company shall not exceed the
amount shown on the Treasury list for that company. Alternate ratings are discussed in the
General Conditions.
Surety must be admitted to do business in the State and have capital and surplus equal to ten
times the limit of the bond. Any amount in excess of the ten percent limit must be reinsured by a
company or companies duly authorized, accredited or trusteed to do business in this state.
Should any surety for the contracted project be determined unsatisfactory at any time during
Project, the Contractor shall immediately provide a new surety bond satisfactory to the City.
The Owner will not accept sureties which are at the time in default or delinquent on any bonds or
which are interested in any litigation against the owner. All bonds shall be made on the forms
furnished by the Owner, and shall be executed by an approved surety company doing business in
the City of Fort Worth, Texas, and which is acceptable to the owner. Both the Contractor and
Surety Company shall properly execute each bond.
6. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s)
of the work and the details of the requirements set out in these specifications to satisfy himself as
to the conditions which will be encountered relating to the character, quality, and quantity of the
work to be performed and materials and equipment required. The filing of a bid by the bidder shall
be considered evidence that he has complied with these requirements.
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7. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal,
the City reserves the right to adopt the most advantageous construction thereof to the City or to
reject the proposal.
8. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents,
must be paid on this project.
9. POST BID - PREAWARD SUBMITTALS: Bidders are required to submit the following
information to the Architectural Services Section, Building Services Division, 3409 Harley Avenue,
817-871-8274, within five business days subsequent to bid opening (Normally Thursday following
a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of
performing the work and in meeting City contract requirements:
Minority/Women's Business Documentation (for bids in excess of $25,000)
Contractors Qualification Statement (AIA Form A305)
Proposed Subcontractors and Suppliers
10. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to
� accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in
preparing recommendations for award of the contract. The Contractor must provide and use
subcontractors listed unless the City agrees to allow a substitute. .
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11. DISCREPANCIES AND ADDENDA:
Should a bidder find any discrepancies in the drawings and specifications, or should he be in
doubt as to their meaning, he shall notify the City at once. If required, the City will then prepare a
written addendum that will be available to all Bidders at the Plans Desk or place designated for
distribution of Bid Documents by the Notice to Bidders. The Contractor is responsible for
determining if addendums are available and for securing copies prior to submitting a proposal.
Oral instructions or decisions unless confirmed by addenda will not be considered valid, legal or
binding. No extras will be authorized because of failure of the contractor to include work called for
in the addenda. � "
Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause
the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda
and include its information in the Proposal.
12. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate
� that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other
proof that Workers Compensation Insurance will be obtained, must be submitted within five
working days of bid opening.
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13. TAXES: Equipment and materials not consumed by or incorporated into the work are
subject to State sales taxes under House Bill 11, enacted August 15, 1991.
14. P RMIT : Contractor shall apply for all City of Fort Worth Permits and for any other
permits required by this project. City of Fort Worth Building and Trade Permit fees are waived.
Separate permits may be required for each work location.
15. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon
construction cost and stated bid period of time for. construction. Where the Bidder proposes time,
the City will evaluate the City's program needs in determining the acceptability of the proposed
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contract duration. The City reserves the right to award the contract upon those terms considered
by the City to be in its best interests.
16. PLAN DEPOSIT: The City will deposit plan deposit checks to its account two weeks
following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that
time. Contractors forfeit their plan deposit after that time.
17. ADJUSTMENT OF QUANTITIES: Where unit prices and estimated quantities are used to
compute the contract amount, the Owner may increase the quantities by an amount that is 20% of
the total cost for that section. Unit prices for adjustments to unit quantities in excess to 20% may
be negotiated at the request of either party.
18. 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. For all items other than reference specifications and equivalent products listed in
each section, a full size sample and/or detailed product descriptions must be provided to the
architect within 14 calendar days after receipt of bid.
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PROPOSAL
� T0: MR. BOB TERRELL
CIIY MANAGER
CITY OF FORT WORTH, TEXAS
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FOR: IMPROVEMENTS
McLELAND TENNIS CENTER
1600 V�/EST SEMINARY
Pursuant to the fo"regoing "Notice to Bidders," the undersigned has thoroughly examined the
plans, specifications and the site, understands the amount of work to be done, and hereby
proposes to do all the work and furnish all labor, equipment and materials necessary to fully
complete all the work as provided in the plans and specifications, and subject to the inspection
and approval of the Director of Transportation and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract
and, if the contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds
approved by the City of Fort Worth for performing and completing the Work within the time stated
and for the following sum, to wit:
DESCRIPTION OF ITEMS _
Base Bid:
Add Alternate 1: (Accessible ramp)
Add Alternate 2: (Backboard, gate, drain cleaning, swale)
Add Alternate 3: (Repave audience gallery area) •
Add Alternate 4: (replace flagpole, fence poles, repair fence)
Add Alternate 5: (Landscaping repairs)
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The undersigned agrees to complete the Work within �� calendar days after the date of
Notice to Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof
proposed for the above work. -
The undersigned assures that its employees and applicants for employment and those of any
labor organization, subcontractors or employment agency in either furnishing or referring
employee applicants to the undersigned "are not discriminated against as �prohibited by the terms
of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section
13A-21 through 13A-29). �
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative
to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a
contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or
principal place of business are outside of the State of Texas) that bid projects for construction,
improvements, supplies or services in Texas at an amount lower than the lowest Texas resident
bidder by the same amount that Texas resident bidder would be required to underbid a
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� non-resident bidder in order to obtain a comparable contract in the state in which the
non-resident's principal place of business is located. The appropriate blanks in Section A must be
filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out
� of state or non-resident bidders Failure to complete the forms may disqualify that bidder.
Resident bidders must check the box in Section B.
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A. , �_� Non-resident vendors in (give state), our principal
place of business, are required to be percent lower than resident
bidders by state law.
�_� Non-resident vendors in (give state), are not required
to underbid resident biclders.
B. �v� Our principal place of business or corporate offices are in the
State of Texas.
Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will
execute the formal contract and will deliver an approved Surety Bond for the faithful performance
of this contact. The attached deposit check in the sum of Dollars ($ 1 is to
become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be
forfeited in the event the contract and bond are not executed within the time set forth, as liquidated
damages for delay and additional work caused thereby.
MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25,000)
• I am aware that I must submit information the Director, Transportation and Public Works,
concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this
Proposal in order to be RESPONSIVE.
Respectfully submitted,
By:
Address:
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Company N e'
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Sig ture � �
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Printed Name of Principal Title
113 S� �elvhon-� .
Street
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Phone: g1 ~I - ��oi — � (�o�
Receipt is acknowledged of the following addenda: j� I�
Addendum No. 1:
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Zip
Fax: �dl�l- o`�3a- 55�28
Addendurr� No. 3:
Addendum No. 2:
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Addendum No. 4:
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IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT
You may contact the Texas Department of Insurance to obtain information on companies,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Box 149104
Austin, Texas 78714-9104
FAX No. (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact
the company first. If the dispute is not resolved, you may contact the Texas Department
of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY
This notice is for information only and does not become a part or condition of the
attached document.
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09-��-�GA11�49 kC�C
ATTACFiMENT tp
City of Fort Wot-th Pagc t ot2
Minority and Wocnen gusiness Enterprise Specifications
MBE/WBE UTiLIZATION
i�vr�e���a �o� rR��ToRs , ��r�• SEPTE-M 8E72. 23, `� q 9
PRIIRE COMPANY NAME � BIO DATE
1�C1�N,D 7�I�tM�.S couR.Ts '
PROlECT NAME PROJECT NUMBER
� CJTY'S �t/N'8E PROJECT COAL: �� o�n � � DI/wBE reRcerrr�c� �cii�evEn: /3 �'/p i
a
Faiiure to complete lhls form, In its enttrety with supporting documentation, and received by the Managing Departmem
on os before 5:00 p.m. five (5� City business days after bid opening, exciusive of bid opening date, will result in the bid
being constdered non-responsive to bid speciQcattons. �
The undersfgned bidder agrees to enter Into a forma! agreement with the MBE andlor WBE firtns fo� woric tisted in this
schedule, conditioned upon ezecution o( a contract with the City of Fo�t Wo�th. The intentionai andlor knowing
mtsrepresentaqon ot facts Is grounds for conslderation of disqualifcation and wiil resuit In lhe bid being considered
non-�esponsive to specltications.
Company Name, Contact Name, C�rtlfied
/.ddress, and Telephone No.
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Specity /lll Contracting Specify Ail Items to be
Scope of Woric (') Supptied(')
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Dotiar Amount
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� MlWBEs must be IotateC In the 9(nine) county marketpiace or currently dol�g b�slness In the marketplace at the time o( btd. �
I() Specify slf areas in which MWBE's are to be utilited and/or Items to be supplied: I
(') A complete listing of Ifems to be supplied Is required in order lo receive credil toward lhe M/W8E goal. 4
() Identily each T1e� level. Tier: Means the Ievel ot subcontncting betow the prfine contractor/consulUnt, i.e., a direct payment I
�, from the p�lme contractor to a subcontracior !s considered 1� tler, a payment by a subcontracio� to
its suppiier Is consldered 2n° tiar,
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m., FIVE (S) CITY BUSINESS DAYS AFTER BID
OPENiNG. EXCIUSIvE OF THE 810 OPENING DATE
Rev. 6/7J98
Pages 1 and 2 of Attachmenl 1A must be received by the Managing Department
MWBE-2
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Ai'7ACNMENT 1
Pagc 2 of 4
City of Fort Worth
Minority and Women gusiness Enterp�ise Specifications
MBEIWBE UTiLIZATION �
Gompany Name, Contact Hame, CeN('ied Speclly All Contncting Spec!(y All ltems to bc Dolla� Amount
l�ddress, a�d Telephonc No. _ Scope o( Work (') Supplicd(') 2.—.
V r" � � L' •
v g � v�i F
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The bidder further agrees to provide, directly to the City upon request, complete and accurale information regardinc
acival work performed by all subcontraclors, including MBE(s) and/or WBE(s) arrangements submitted witti this bid
The bidder also agrees to allow an audit andlor examination of any books, records and iites heid by their company tha�
wil( substantiale the actual wo�k pectormed by the MBE(s) andlos WBE(s) on this contraci, by an authorized ofticer ot
employee o( the City. Any inlentional and/or knowing misrepresentation o( facts will be grounds for terminating the
contract or debarment from City work for a period of not less than three (3) years and for initialing action under Federal,
State or Local taws concerning false stateme�ts. Any failure to comply with this ordinance and creates a material
6reach of contraci may result in a determination of an Irresponsible ofieror and barred from participating in City work
(or � period of lime not less than one (1) yea�.
ALL MBEs d W s MUST SE CERTIFIED BY THE CtTY BEFORE NTRACT AWARD
.S� � ��1^,Yo6� �%L.�7
uthori ignature / �--> Printed Signature
Tilte Contaet Namc and Titic (if di(fcrent)
�+�stQ�P�n �o�rz,a��2s lN�.. 8�� 232-Zo�'7.
Company Name � Tclephonc t�tumbcr (s)
�'O t3 ak -? � 14� S 1`1 Z3'Z. ` S Z .
Add�ess Fax Numbcr -
�A Cc t•�v A�� � "l C� �"Z "t �. `i v�PT lg �i �
CitylStatelZip Codc Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT 8Y 5:00 p.m., FIVE (S) CITY BUSINESS DAYS AFTER 810
OPENING, EXCLUSIVE OF THE BIO OPENING DATE
Rev. 6f2798
Pages t and 2 0( Attachment 1A must be received by the Ma�agi�g Oepartment
MWBE - 3
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.• . .,fInLL �.�I�JI�UI(�,ell ;�lL I UI�II!ilt, �d Itlr „• � �
, 3. iHE GENERAL CON1Rl� �� SHALL 8E RESPONSIBLE TO THE
�' � OWNER ANU TNE ARCHITECT FOR THE ACTS AND �
OMlSSlONS OF THE CON7RAC70R'S EMALOYEES, SUB=
COPlTRACTORS, ANO THEIR AGENTS AMp EMALOYEES, AND ANY
OTHER PERSONS PERFORMING ANY OF 7HE WORK lJNpER A
CONTRACT WITH TNE CENERAL CONTRACiOR.
4. UNLESS NOTE� OTNERNASE THROUGH THE CONTRACT _
DOCUMENTS, T}1E GENERAL CONTRACTOR SHALL PROVIDE AND
PAY FOR ALL LA80R, MATERIAl.S, EQUIPMENT, 700LS,
CONSTRUCTION EQUIPMENT, MACHINERY, TRANSPOR7ATIOtJ, A�lD
OTNER FACILITIES AND SERV(CES NECESSARY FOR THE PROPER
EXECUTION AND COMPLETION OF THE WORK.
0
' KEY
� SCOPE OF WORK
7. ALL WOKIt MUS I� I:UMNL � WIlH �ti� Uuir Vhl
1997 EOITION. UNIfORMi PLU�fBING CODE. �JN
NATfONAI ELECTRICAL CODE. �JFPa 10f
ALL OTHER APPLICAB�E CITY, STATE. .
CODES AND GOVfRNING BUUIES
8. CONTRACTOR IS RESPONSIBLE FOR OBTAIWP
PERMITS ANO/OR IICENSES AIdC� FU51
9. ALL WORK iS SUBJECT TO THE Owr�EP.'S f�
APPROVA�.
10. WR17TEN DIMENSIONS OIv iHESE DRAWINGS
PRECEDENCE OVER SCALEO UtMEN5t01
r .
L COUR T TO BE� STRIPPED ANO RESURFACED. (COURTS - 2, - 3, 9, 10, 13, 94)
STRIP EXISTING SURFACE AND PREPARE EXISTING GONC.
SUBSURFACE TO REGEIVE NEW FINISH SURFACE ANO S7RIPING. �
PATCH EXIST(NG CG�JCRETE SUBSUR�ACE AS NECESSARY.
INSTALL h1EW SURFACE �AND STRIPING AS SPECIFIED.
2. COURT TO BE RESURFACEO. (COURTS - 1, 8, 11, 12, 15, 16)
PREPARE EXISTING SURFACE TO RECEIVE NEW FINISH SURFACE AND STRIPING.
INSTALL� NEW SURFACE AND STRIPING AS SPECIFIED.
3. �" ALL EXISTING RETAfNING WALL SURFACES THAT MATCH ADJACENT
. COURT SURFACES TO 8E RESUR�ACED.
� ADJUST/REPAIR EXISTNG LIGHTING, PIER AND RETA(N(NG WALL.
REFERENCE STRUCTURAL DRAWINGS. (2 TOTAL)
. DISCONNECT ELECTRICAL SERVICE AS REQUIRED FOR REPAIR. PROVIDE
NEW CONDUIT AND WIRING AS REQUIRED TO RECONNECi REPAIRED LIGHTING.
C� REMOVE AND DISPOSE OF ALL EXISTING UMPIRE CHAIRS. (6 TOTAL)
--- PREPARE EXISTING SURFACE FOR COURT RESURFACING.
AT COURTS 4-7 PATCH AND FINISH �0 MATCH EXISTING COURT SURFACE.
� REMOVE AND DISPOSE OF EXISTfNG KIOSK STRUCTURE.
PROVIOE NEW PAVING IN KIOSK LEAVE OUT TO MATCH EXISTING.
� PROVIDE NEW COURT BENCH SHELTERS. � SEE 07/A- 1.02
( 8. � EXISTING RETAINING WALL TO BE REPLACED.
���� REFERENCE STRUCTURAL.
ADD ALTERNATES
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c�ty of Fon wonn, reXas
Transportation/Public Works Department
Building Services Division/Architectural Services Section
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
SE�TION 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 aitering
the terms and effects of the Contract Documents. After'
being executed, the Contract Documents can be changed
only by a written Amendment signed by the Contractor and
the Owner, or Change Order, or by a written Field Order for
a minor change.
A-3 WORK. By the term Work is meant all labor,
supervision, materials and equipment necessary to be used
or incorporated in order to produce the construction required
by Contract Documents.
A-4 EXECUTION OF THE CONTRACT
DOCUMENTS. The Contract Documents shall be executed
in six originals by the Contractor and the Owner in such form
as may be prescribed by law.
A-5 FAMILIARITY WITH PROPOSED WORK. Before
filing a bid, the bidder shall examine carefully the proposal,
plans, specifications, special provisions, and the form of
contract to be entered into for the work contemplated. He
shall examine the site of work and satisfy himself as to the
conditions that will be encountered relating to the character,
quality and quantity of work to be perFormed and materials to
be furnished. The filing of a bid by the bidder shall be .
considered evidence that he has complied with these
requirements and has accepted the site as suitable for the
work.
Claims for additional compensation due to variations
between conditions actua�ly 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.
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A-8 INTERPRETATIONS. The Architect will furnish
such Interpretations of the Plans and Specifications as may
be necessary for the proper execution or progress of the
work. Such Interpretations shall be furnished at 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 shali be consistent
with the purposes and intent of the Plans and Specifications
and may be effected by Field Order. In the event of any
dispute between any of the parties to the Contract and the
Architect or each other involving the interpretation of the
Contract Documents, the evaluation of work or materials
performed or furnished by the Architect Contractor, or any
subcontractor or materialsman, or involving any question of
fault or liability of any party, the decision of the Owner shall
be final and binding.
In the event of inconsistency in the contract documents, the
foliowing sequence for interpretation shall be used in order
of precedence: Change Orders and/or Field Orders (by date
of issuance); Addenda (by date of issuance); Drawings;
Notes and dimensions on Drawings; Technical
Specifications; Special Provisions; Supplementary General
Conditions; General Conditions; and, Construction Contract.
A-9 COPIES OF WORKING DRAWINGS AND
SPECIFICATIONS. The Architect will furnish to Contractor
free of charge 15 sets of working Drawings and 15 sets of
Specifications. Contractor shall pay the cost of reproduction
for all other copies of Drawings and Specifications furnished
to him.
All Drawings, Specifications and copies thereof furnished by
the Owner of 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-10 MINORITY AND WOMENS BUSINESS
ENTERPRISE POLICY. The City of Fort Worth has goals
for the participation of disadvantaged business enterprises
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 bids is included.
A-11 CORRELATION AND INTENT. In general, the
drawings indicate dimension, locations, positions, quantities,
and kinds of construction; the specifications indicate the
quality and construction procedures required. Work
indicated on the drawings and not specified of vice-versa,
shall be furnished as though set forth in both. Work not
detailed, marked or specified shall be the 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
estimsted and shall be furnished or included. Dimensions
on drawings shall take precedence over small-scale
drawings. Drawings showing locations of equipment, piping,
ductwork, electrical apparatus, etc., are diagrammatic and
job conditions may not allow installation in the exact location
shown. Retocation shall not occur without the Architects
approval.
GC-1
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. Where the term
"Architect" is used in the "General Conditions of the Contract
for Construction", it shali refer to the Director, Transportation
and Public Works or his designated Project Manager.- �The
Director, Transportation will designate a Project Manager
and Construction Manager to administer this contract and
perform the functions of the "Architect" as indicated in the
General Conditions. The design architect may� also be
designated to perform the duties of "ArchitecY'.
B-2 TERMINATION AND SUSPENSION OF WORK:
The Owner has the right to terminate the Project for any
reason. If the project is terminated, the Co�tractor shail:
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 allocatable to the work not
completed and further reduced by the amount of payments,
if, any otherwise made. Contractor shall submit its claim for
amounts due after termination as provided in this paragraph
within 30 days after receipt of such claim. In the event of
any dispute or controversy as to the propriety or allowability
of all or any portion of such claim under this paragraph, such
dispute or controversy shall be resolved and be decided by
the City Council of the City of Fort Worth, and the decision
by the City Council of the City of Fort Worth shall be final
and binding upon all parties to this contract
B-3 DUTIES OF THE ARCHITECT As used herein,
the term Architect means the Architect or his authorized
representative. Nothing contained in these Contract
Documents shall create any privity of Contract between the
Architect and the Contractor.
B� 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-5 ACCESS TO JOB SITES. The Architect shall at
all times have access to the Work whenever it is in
preparation and progress. The Contractor shall provide
facilities for such access so the Architect may perform its
assigned functions under the Contract Documents.
The Architect will make periodic visits to the Site fb�
familiarize himself with the progress and quality of the work
and to determine if the work is proceeding in accordance
with the Contract documents. On the basis of on-site
observations, the Architect will keep the Owner informed of
the progress of the Work and will endeavor to guard the
Owner against defects and deficiencies in the Work of the
Contractor. Based upon such observations and the
Contractor's appiications for payments, the Architect will
make determinations and recommendations concerning the
amounts owing to the Contracto� and will issue certificates
for payment amounts.
B-6 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 ArchitecYs decisions in �matters relating to artistic effect
wili be final if consistent with the intent of the Contract
Documents. •
B-7 AUTHORITY TO STOP WORK. The Architect wili
have authority to reject work that does not conform to the
Plans and Specifications. In addition, whenever, in its
reasonable opinion, the Architect considers it necessary or
advisable in order to insure the proper realization of the
intent of the Plans and Specifications, the Architect will have
authority to require the Contractor to stop the Work or any
portion thereof, or to require speciat inspection or testing of
the Work whether or not such Work be then fabricated,
installed or completed.
B-8 MISCELLANEOUS DUTIES OF ARCHITECT.
Shop Drawinqs. The Architect will review Shop Drawings
and Samples as provided in Section 0. Two copies of each
approved Shop Drawing and submittal will be provided'to the
Owner by the Architect.
Chanqe Orders. Change Orders and Field Orders for Minor
Changes in the Work will be issued by the Owner through
the Architect in accordance with the provisions of Section L.
Guarantees. The Architect will receive on behalf of the
Owner all written guarantees and related documents
required of the Contractor. Upon completion of the project
the Contractor shall provide the Architect five copies of each
guarantee. The Architect will provide three copies of each
guarantee to the Owner.
Insaections. The Architect will conduct inspections for the
purpose of determining and making his recommendations
concerning the dates of substantial completion and final
completion.
Ooeration and Maintenance Manuals. The Architect wilt
receive on behalf of the Owner, six copies of all applicable
equipment installation, operation, and maintenance
brochures and manuals required of the Contractor. The
Architect will provide three copies of this information to the
Owner.
B-9 TERMINATION OF THE ARCHITECT. In case of
the termination of the employment of the Architect by the
Owner, the Owner shall either assume the duties of the
Architect through the Director of the Department of
Transportation and Public Works, or shall appoint a
successor Architect against whom the Contractor makes no
reasonable objection. . .
SECTION C
OWNER
GC-2
6/28/99
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C-1 IDENTIFICATION. By the term Owner is meant
the City of Fort Worth acting herein by its duly authorized
representatives in the manner provided by law. Authorized
representatives include the City Manager, Assistant City
Manager, the Director and of Transportation and Public
Works Department and members of the Building Services
Division. Generally speaking a designated representative
will be identified from within the Building Services Division to
act as a point of contact for day to day contract
administration.
C-2 DUTIES OF THE OWNER. The Owner shall
furnish surveys describing the physical characteristics, legal
limits and utility locations for the site of the Work; provided,
however, that the Contractor hereby covenants that he has
inspected the premises and familiarized himself therewith
and that the locations of utilities and other obstacles to the
prosecution of the Work as shown on the Owner's survey
are for information only, are not binding upon the Owner,
and the Owner shall not incur any liabiliry for loss or damage
by virtue of any inaccuracies or deficiencies in such surveys.
The Owner shall secure and pay for.title to the site and all
necessary permanent or construction easements. The
Owner will cooperate with the Contractor in the prosecution
of the Work in such manner and to such extent as may be
reasonable and shall furnish information under its control
with reasonable promptness at the request of the
Contractor.
C-3 INSTRUCTIONS. The Owner shall issue afl
instructions to the Contractor through the Architect.
C-4 ACCESS TO JOB SITE. The Owner shall at all
times have access to the Work whenever it is in preparation
and progress. The Contractor shall provide facilities for
such access so the Owner may perform its assigned
functions under the Contract Documents.
C-5 PROGRESS INSPECTIONS. The Owner and the
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 provided by the Architect concerning the
progress and quality of the work, the Owner will approve and
authorize the Contractor's applications for payments.
C-6 AUTHORITY TO STOP WORK. The Owner will
have authority to reflect work that does not conform to the
Plans and Specifications. Whenever, in its reasonable
opinion, the Owner considers it necessary or advisable in
order to insure the proper realization of the intent of the
Plans and Specifications, the Owner will have authority to
require the Contractor to stop the work or any portion
thereof, or to require the Contractor to stop the Work or any
portion thereof, or to require special inspection or testing of
the Work whether or not such Work be then fabricated,
installed or completed.
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 to be prepared by the Architect
and attached to the AIA document G704, which is to be
prepared and signed by the Contractor, and accepted,
approved and signed by the Owner.
6/28/99
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GC-3
C-8 RIGHT TO AUDIT:
Contractor agrees that the City shail, until the expiration of
three years after final payment under this contract, have
access to and the right to examine any directly pertinent
books, documents, papers and records of the contractor
involving transactions relating to this contract.
Contractor further agrees to include in all his subcontracts
hereunder a provision to the effect that the subcontractor
agrees that the City shall, until the expiration of three years
after final payment under the subcontract, have access to
and the right to examine any directiy pertinent books,
documents, papers and records of such subcontractor,
involving transactions to the subcontract. The term
"subcontracY' as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be
requested by the city. The city agrees to reimburse
Contractor for the costs of copies at the rate published in the
Texas Administrative Code.
SECTION D
CONTRACTOR
D-1 IDENTIFICATION. The Contractor is the person
or organization identified as such in the Contract. The term
Contractor means the Contractor or his authorized
representative.
D-2 INDEPENDENT CONTRACTOR. Contractor shall
perform all work and services hereunder as an independent
contractor, not as an officer, 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 and
omissions of its officers, agents, and employees. Nothing
herein shall be construed as creating a paRnership or joint
enterprise between City and the Contractor, its officers,
agents and employees, and the doctrine of respondeat
superior shall not apply.
D-3 SUBLETTING: It is further agreed that the
performance of this Contrast, either in whole or in part, shall
not be sublet or assigned to anyone else by said Contractor
without the written consent of the Director of Transportation
and Public Works of the City of Fort Worth.
D-4 REVIEW OF CONTRACT DOCUMENTS. The
Contractor shall carefully study and compare the
Agreement, Conditions of the Contract, Drawings,
Specifications, Addenda and modifications and shall at once
report to the Owner and to the Architect any error,
inconsistency or omission he may discover. The Contractor
shall do no work without Drawings, Specifications and
Interpretations.
D-5 SUPERVISION. The Contractor shall supervise
and direct the Work, using his best skill and attention. He
.shall be solely responsible for all construction means,
methods, techniques, sequences and procedures and for
coordinating all portions of the Work under the Contract
Documents.
D-6 LABOR AND � MATERIALS. Unless othenvise
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 successful low bidder will use its reasonable best efforts
to hire local laborers, workmen and materialmen. The
general condition is not to be constructed as limiting the
right of any bidder to employee laborers, workmen or
materialmen from outside local area.
The Contractor shall at all times enforce strict discipline and
good order among his employees, and shall not employ on
the Work any unfit person or anyone not skilied in the task
assigned to him.
D-7 PREVAILING WAGE RATE. The Contractor
agrees to pay not less than the general prevailing rate of per
diem wages for Work of a similar character in the locality in
which the Work is performed, and not less than the general
prevailing wage of per diem wages for a legal holiday and
overtime work to all laborers, workmen and mechanics
employed on the Work under this Contract. The Contractor
agrees to pay at least the minimum wage per hour for all
labor as the same is classified and set out by the City of Fort
Worth, Texas, a copy of which is attached hereto and made
a part hereof the same as if it were copies verbatim herein.
D-8 WARRANTY. The Contractor warrants to the
Owner and the Architect that all materials and equipment
furnished under this Contract will be new unless otherwise
specified, and that all work will be of good quality, free from
faults and defects, and in conformance with the Contract
Documents. All work not 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.
The warranty provided in this Section shall be in addition to
and not in limitation of any other warranty or remedy
provided by law or the Contract Documents.
D-9 TAXES. The Contractor is exempt from State
Sales Tax on material incorporated into the finished
construction, Excise and Use Tax. •
D-10 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 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 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 in writing and any necessary changes wi�l 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, the Contractor will
assume full responsibility therefor and bear all costs
attributable thereto.
D-11 CASH ALLOWANCES. The Contractor shall
include in the Contract Sum all allowances stated in the
Contract Documents. These allowances shall cover the net
cost of the materials and equipment delivered and unloaded
at the site, and aIl 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 pertormed for such
amounts and by such persons as the Architect may direct,
but he will not be required to employ persons against whom
he makes a reasonable objection. If the cost, when
determined, is more than or less than the allowance, the
Contract Sum shall be adjusted accordingly by Change
Order which will include additional handling costs on the
site, labor, installation costs, field overhead, profit and other
direct expenses resulting to the Contractor from any
increase over the original allowance.
D-12 SUPERINTENDENT. The Contractor shall
employ a competent superintendent and necessary
assistants who shall be in attendance at the Project site
during the progress of the Work. The superintendent shall
be satisfactory to the Contractor and the Owner. The
superintendent shall represent the Contractor and aIl
communications given to the superintendent shall be binding
as if given to the Contractor. Important communications will
be confirmed in writing. Other communicatidns will be so
confirmed on written request in each case.
D-13 RESPONSIBILITIES FOR EMPLOYEES AND
SUB-CONTRACTORS. The Contractor shall be responsible
to the Owner for the acts and omissions of all his employees
and all Sub-contractors, their agents and employees, and all
other persons perForming any of the Work under a contract
with the Contractor.
D-14 FAILURE TO COMMENCE WORK: Should the
Contractor fail to begin the work herein provided for within
the time herein fixed or to carry on and complete the same
according to the true meaning of the intent and terms of
said Plans, Specifications and Contract Documents, then
the Owner shall have the right to either demand the surety
to take over the work and complete same in accordance with
the Contract Documents or to take charge of and complete
the work in such a manner as it may deem proper, and if,
in the completion thereof, the cost to the said City shall
exceed the contract price or prices set forth in the said plans
and specifications made a part hereof, the Contractor and/or
its Surety shall pay said City on demand in writing, setting
forth and specifying an itemized statement of the total cost
thereof, said excess cost.
D-15 PROGRESS SCHEDULE. The Contractor,
immediately after being awarded the contract, shall prepare
and submit for the ArchitecYs approval, an estimated
progress schedule for the Work. The progress schedule
shall be related to the entire Project. This schedule shall
indicate the dates for the starting and completion of the
various states of construction and shall be revised as
required by the conditions of the Work, subject to the
ArchitecYs 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 progress schedule shall be updated at least monthly by
the contractor and submitted to the Architect for approval
with the Contractor's monthly progress payment requests.
D-16 DRAWINGS AND SPECIFICATIONS AT THE
SITE. The Contractor shall maintain at the site for the
Owner one copy of all Drawings, Specifications, Addenda,
approved Shop Drawings, Change Orders, and other
Changes and Amendments in good order and marked to
record all changes made during construction. These shall
also be available to the Architect. The Drawings, marked to
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record all changes made during construction, shall be
delivered to the Architect upon completion of the Work, and
the Architect will prepare, and provide to the Owner, one
complete set of reproducible record drawings of the work.
D-17 SHOP DRAWINGS AND SAMPLES. Shop
Drawings are drawings, diagrams, illustrations, schedules,
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.
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.
The Contractor shall review, stamp with his approval and
submit, with reasonable promptness and in orderly
sequence so as to cause no delay in the Work or in the work
of any other contractor, normally within the first 90 days of
the work, six copies of all shop Drawings and Samples
required by the Contract Documents or subsequently by the
Architect as covered by changes or amendments. Shop
Drawings and Samples shall be properly identified as
specified, or as the Architect may require. At the time of
submission the Contractor shall inform the Architect in
writing of any deviation in the Shop Drawings or Samples
from the requirements of the Contract Documents.
By approving and submitting Shop Drawings and Samples,
the Contractor thereby represents that he has determined
and verified all field measurements, field construction
criteria, materials, catalog numbers and similar data, and
that he has checked and coordinated each shop drawing
given in the Contract Documents. The ArchitecYs 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 ArchitecYs 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 ArchitecYs 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 as authorized
in Paragraph A-2, ArchitecYs 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.
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D-18 SITE USE. The Contractor shall confine
operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents � and shali not
unreasonably encumber the site with any materials or
equipment. Until acceptance of the work by the City Councii
of the City of Fort Worth, the entire site of the Work shall be
under the exclusive control, care and responsibility of the
Contractor. Contractor shall take every precaution against
injury or damage to persons or property by the action of the
elements or from any other cause whatsoever. The
Contractor shall rebuild, repair, restore and make good at
his own expenses all injuries or damages to any portions of
the Work occasioned by any of the above, caused before
acceptance.
D-19 SAFE WORK PRACTICES. The Contractor shall
employ safe practices in handling materials and equipment
used in performing required work so as to insure the safety
of his workmen, City employees and the public. The
Contractor shall keep the premise free at all times from
accumulation of waste materials or rubbish. At the
completion of the work, the Contractor shall remove all his
wastes and rubbish from and about the work area, as well
as his tools, equipment and surplus materials and shall
leave the area as clean and free of spot, stains, etc., as
before the work was undertaken.
D-20 FIELD OFFICES AND SHEDS. The Contractor is
not required to provide a temporary field office or telephone
for projects under $500,000. Contractor shall equip the
Project Superintendent with a pager and provide 24-hour
contacts to the City.
D-21 CUTTING AND PATCHING OF WORK. The
Contractor shall do all cutting, fitting or patching of his Work
that may required to make its several parts fit together
properly, and shall not endanger any Work by cutting,
excavating or otherwise altering the Work or any part of it.
D-22 CLEAN UP. The Contractor at all times shall
keep the premises free from accumulation of waste
materials or rubbish. At the completion of the Work he shall
remove all his waste materials and rubbish from and about
the Project as well as alI his tools, construction equipment,
machinery and surplus materials, and shall clean all glass
surfaces and leave the Work "Broom-clean" or its
equivalent, except at otherwise specified. In addition to
removal of rubbish and leaving the buildings "broom-clean",
Contractor shall clean all glass, replace any broken glass,
remove stains, spots, marks and dirt from decorated work,
clean hardware, remove paint spots and smears from all
surfaces, clean fixtures and wash all concrete, tile and
terrazzo floors.
If the Contractor fails to clean up, the Owner may do so, and
the cost thereof shall be charged to the Contractor.
D-23 COMMUNICATIONS. As a general rule, the
Contractor shall forward all communications to the Owner
through the Architect, and in all other instances the
Contractor shall furnish the Architect a copy of any
communication sent directly to the Owner.
SECTION E
SUBCONTRACTORS
E-1 DEFINITION. A Subcontractor is a person or
organiz'ation who has a direct contract with the Contractor to
perform any of the Work at the site. The term Subcontractor
is referred to throughout the Contract Documents as if
singular in number and masculine in gender and means a
Subcontractor or his authorized representative.
Nothing contained in the Contract, Documents shall create
any contractual relation between the Owner and the
Architect and any subcontractor or any of his sub-
subcontractors or materialmen.
E-2 AWARD OF SUBCONTRACTS. The bidder shall
furnish a list of the names of the subcontractors or other
persons or organizations (including those who are to furnish
materials or equipment fabricated to a special design)
proposed for such portions of the Work as may be
designated in the bidding requirements, or if none is so
designated in the bidding requirements, the names of the
Subcontractors proposed for the principal portions of the
Work. Prior to the award of the Contract, the Architect shall
notify the successful bidder in writing if either the Owner or
Architect, after due investigation, has reasonable objection
to any person or organization on such list. Failure of the
Owner and Architect to make an objection to any person or
organization on the list prior to the award of this Contract
shall not constitute acceptance of such person or
organization.
If, prior to the award of the Contract, the Owner or Architect
has an objective to any person or organization on such list,
and refuses to accept such person or organization, the
apparent low bidder may, prior to the award, withdraw his bid
without forfeiture of bid security. If such bidder submits an
acceptable substitute, the Owner may, at its discretion,
accept the bid or he may disqualify the bid. If, after the
award, the Owner or Architect objects in writing to any
person or organization on such list, the Contractor shall
provide an acceptable substitute. .
The Contractor shall not make any substitution for any
Subcontractor or person or organization that has been
accepted by the Owner and the Architect, - unless the
substitution is also acceptable to the Owner and the
Architect.
E-3 TERMS OF SUBCONTRACTS. All work
performed for the Contractor by a Subcontractor shall be
pursuant to an appropriate agreement between the
Contractor and the Subcontractor (and where appropriate
between Subcontractors and Sub-subcontractors) which
shall contain provisions that:
1. preserve and protect the rights of the Owner and the
Architect under the Contract with respect to the Work
to be performed under the subcontract so that the
subcontracting thereof will not prejudice such rights;
2. require that such Work be performed in accordance
with the requirements of the Contract Documents;
3. require submission to the Contractor of applications for
payment under each subcontract to which the
Contractor is a party, in reasonable time to enable the
Contractor to apply for payment;
4. require that all claims for additional costs, extensions of
time, damages for delays or otherwise with respect to
subcontracted portions of the Work shall be submitted
to the Contractor (via any Subcontractor or Sub-
subcontractor where appropriate) in the manner
provided in the Contract Documents for like claims by
the Contractor upon the Owner;
5. waive all rights the contracting parties may have
against one another for damages caused by fire or
other perils covered by the property insurance, except
such rights, if any, as they may have to proceeds of
such insurance held by the Owner, and,
6. obligate each Subcontractor specifically to consent to
the provisions of this Section
Ail of the provisions set out in this section shall be deemed
to have been included in every subcontract, and every
subcontract shall be so const�ued and applied as to the
Owner and the Architect, whether or not such provisions are
physically included in the sub-contract.
E-4 MINORITY AND WOMENS BUSINESS
ENTERPRISE (M/WBEI. Should the base bid be less than
$25,000, the requirements of this section do not apply.
In accordance with City of Fort Worth Ordinance No 11923,
the City of Fort Worth sets goals for the participation of
minority business enterprises and women business
enterprises in City contracts. Ordinance No 11923 is
incorporated in these Specifications by reference. A copy of
the Ordinance may be obtained from the O�ce of the City
Secretary. Failure to comply with the Ordinance shall be a
material breach of contract.
The M/WBE UTILIZATION FORM, M/WBE GOALS
WAIVER FORM and GOOD FAITH EFFORT FORM, as
applicable, must be submitted within five city business days
after bid opening. Failure to submit the post bid fnformation
shall render the bid non-responsive.
The City will consider the contractor's performance on other
City Projects regarding its M/WBE program in the evaluation
of bids. Failure to comply with the City's M/WBE program, or
to demonstrate a"good faith effort", shall result in a bid
being considered irresponsible.
Upon request, Contractor must provide the City wfth
complete and accurate information regarding actual work
performed by a Minority or Women Business Enterprise
(M/WBE) 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 iYs possession
that will substantiate the actual work performed by an M/
WBE. The misrepresentation of acts (other than a negligent
misrepresentation) 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. Further
any such misrepresentation (other than a negligent
misrepresentation) and/or commission of fraud will result on
the Contractor being determined to be irresponsible and
barred from participating in City work for a period of time of
not less than three years.
Contractor shall provide copies of subcontracts or cosigned
letters of intent with approved M/WBE subcontractors prior
to issuance of the Notice to Proceed. Contractor shall also
provide monthly reports on utilization of the subcontractors
to the Construction Manager.
The Contractor may count first and second tier
subcontractors and/or suppliers toward meeting the goals.
The Contractor may count toward its goal a portion of the
total dollar amount of the contract with a joint venture equal
to the percentage of the M/VVBE 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.
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Whenever a change order affects the work of an M/WBE
subcontractor or supplier, the M/V1/BE shall be given an
opportunity to perform the work. Whenever a change order
is in excess of 10% of the original contract, the M/V1IBE
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 of deletions in iYs M/VVBE
participation commitments submitted with or
subsequent to the bid, and,
2. If substantial subcontracting and/or substantial supplier
opportunities arise during the term of the contract
which the contractor had represented he would perform
with his forces, the contractor shall notify the City
before subcontracts or purchase orders are let, and
shall be required to comply with modifications to goals
as determined by the City, and,
3. Submit a REQUEST FOR APPROVAL OF CHANGE
FORM, if the contractor desires to change or delete any
of the M/WBE subcontractors or suppliers.
Justification for change may be granted for the following:
1. Failure of subcontractor to provide evidence of
coverage by Workers' Compensation Insurance
2. Failure of subcontractor to provide required general
Iiability or other insurance.
3. Failure of subcontractor to execute a standard
subcontract form in the amount of the proposal used by
the Contractor in preparing his M/V1IBE Participation
plan
4. Default by the MNVBE subcontractor or supplier in the
performance of the subcontract.
Other reasons at the discretion of the M/VUBE Coordinator
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 M/WBE
subcontractor and supplier used on the project.
E-5 PAYMENTS TO SUBCONTRACTORS. The
CQntractor shall pay each Subcontractor, upon receipt of
payment - from the Owner, an amount equal to the
percentage of completion allowed to the Contractor on
account of such Subcontractor's Work. The Contractor shall
also require each Subcontractor to make similar payments
to his subcontractors.
If the Architect refuses to issue a Certificate for Payment for
any cause which is the fault of the Contractor and not the
fault of a particular subcontractor, the Contractor shall pay
that Subcontractor on demand, made at any time after the
Certificate for Payment would otherwise have been issued,
for his Work to the extent completed, less the retained
percentage.
The Contractor shall pay each Subcontractor a just share of
any insurance monies received by the Contractor, and he
shall require each Subcontractor to make similar payments
to his Subcontractors.
The Architect may, on request and at its discretion, furnish
to any Subcontractor, if practicable, information regarding
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GC-7
percentages of completion certified to the Contractor or�
account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obtigation
to pay or to see to the payment of any monies to any
Subcontractor.
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 contract are awarded
for other portions of the Work, "the Contractor" in the
Contract Documents in each case shall be the contractor
who signs each separate contract.
F-2 MUTUAL RESPONSIBILITY OF
CONTRACTORS. The Contractor shall afford other
contractors reasonable opportunity for the introduction and
storage of their materials and equipment and the execution
of their work, and shall properly connect and coordinate his
work with theirs.
If any part of the Contractor's Work depends for proper
execution or results upon the work of any other separate
contractor, the Contractor shall inspect and promptly report
to the Architect any apparent discrepancies or defects in
such work that render it unsuitable for such proper execution
and results. Failure of the Contractor to inspect and report
shall constitute an acceptance of the other contractor's work
as fit and proper to receive his Work, except as to defects
which may develop in the other separate contractor's work
after the execution of the Contractor's Work.
Should the Contractor cause damage to the work or property
of any separate contractor on the site, the Contractor shall,
upon due notice, settle with such other contractor by
agreement, if he will so settle. If such separate contractor
sues the Owner on account of any damage alleged to have
been so sustained, the Owner shall notify the Contractor
who shall defend against such suit at the Contractor's
expense, and if any judgment against the Owner arises
therefrom, the Contractor shall pay or satisfy such judgment
and shall reimburse the Owner for all attorney's fees, court
costs and expenses which the Owner has incurred in
connection with such suit.
F-3 CUTTING AND PATCHING UNDER SEPARATE
CONTRACTS. The Contractor shall do all cutting, fitting or
patching of his Work that may be required to fit it to�receive
or be received by the work of other contractors shown in the
Contract Documents. The Contractor shall not endanger any
work or any other contractors by cutting, excavating or
otherwise altering any work and shall not cut or alter the
work of any other contractor except with the written consent
of the Architect.
Any costs caused by defective or ill-timed work shall be
borne by the party responsible therefor.
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute
arises between the separate contractors as to their
responsibility for cleaning up, the Owner may clean up and
charge the cost thereof to the several contractors as the
Director of the Department of Transportation and Public
Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
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G-1 CONFLICT OF LAWS. The law of the place
where the site is located shall govern the Contract. The
Contractor must familiarize himself and strictly comply with
all Federal, State, and County and City Laws, Statutes,
Charter, Ordinances, Regulations, or Directives controlling
the action or operation of those engaged upon the work
affecting the materials used. He shall indemnify and save
harmless the City and all of its officers and agents against
any claim or liability arising from or based on the violation of
any such Laws, Statutes, Charter, Ordinances, Regulations,
or Directives, whether by himself, his employees, agents or
subcontractors.
G-2 GOVERNING LAWS. It is mutually agreed and
understood that this agreement is made and entered into by
the parties hereto with reference to the existing Charter and
Ordinances of the City of Fo�t Worth and the laws of the
State of Texas with reference to and governing all matters
affecting this Contract, and the Contractor agrees to fully
comply with all the provisions of the same.
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS.
In performing their duties under the Statutes of the State of
Texas and the Charter and Ordinances of the City of Fort
Worth in connection with this Contract, or in exercising any
of the powers granted the Owner herein, the officers, agents
and employees of the City of Fort Worth are engaged in the
performance of a governmental functio� 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
the comply with all laws, Federal, state and Iocal, 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:
Contractors are responsible for obtaining construction
permits from the governing agencies. Contractor shall
schedule all code inspections with the Code Inspection
Division in accordance with the permit requirements and
submit a copy of updated schedule to the Construction
manager weekly. Building, plumbing, electrical and
mechanical building permits are issued without charge.
Water and sewer access fees will be paid by the City. Any
other permit fees are the responsibility of the Contractor.
G-5 INDEMNIFICATION: Contractor covenants and
agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole
negligence. In addition, Contractor covenants and agrees to
indemnify, hold harmless and defend, at its own expense,
the Owner, its officers, servants and employees, from and
against any and all claims or suits for property loss, property
damage, personal injury, including death, arising out of, or
alleged to arise out of, the work and services to be
performed hereunder by Contractor, its officers, agents,
employees, subcontractors, licensees or invitees, whether
or not anv such iniunr, damaae or death is caused. in
whole or in part, bv the neqliqence or al/eqed
nealipence of Owner. its o�cers. servants. or
emn/ovees. Contractor likewise covenants and agrees to
indemnify and hold harmless the Owner from and against
any and all injuries to Owner's o�cers, 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 anv
such iniury or damaae is caused in whole or in nart bv
the nealipence or alleaed nealiaence of Owner. its
officers. servants or emnlovees.
In the event Owner receives a written claim for damages
against the Contractor or its subcontractors prior to final
payment, finai payment shali not be made until Contractor
either (a) submits to Owner satisfactory evidence that the
claim has been settied and/or a release from the ciaimant
involved, or (b) provides Owner with a letter from
Contractor's liability insurance carrier that the claim has
been referred to the insurance carrier.
The Director may, if he deems it appropriate, refuse to
accept bids on other City of Fort Worth public work from a
Contractor against whom a claim for damages is
outstanding as a result of work performed under a City
Contract.
G-6 SUCCESSORS AND ASSIGNS. Except as
provided in Paragraph E-2, this contract shall be binding
upon and insure to the benefit of the parties hereto, their
Successors or Assigns. Contractor shall not assign or sublet
all or any part of this Contract or his rights or duties
hereunder without the prior written consent of the Owner.
Any such purported assignment or subletting without the
prior written consent of Owner shall be void.
G-7 WRITTEN NOTICE. Written Notice shall be
deemed to have been duly served if delivered in person to
the individual or member of the firm or to an officer of the
corporation for whom it was intended, or if delivered at or
sent by registered or certified mail to the last business
address known to him who gives the notice.
G-8 SURETY BONDS: Surety Bonds are required on
all City contracts in excess of $25,000. The Contractor
agrees, on the execution of this Contract, and before
beginning work, 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, (1) the name of the
surety should be included on the current U. S. Treasury List
of Acceptable Securities [Circular 570]. Any surety
authorized to do business in Texas a may write performance
and payment bonds on a project without reinsurance to the
limit of 10 percent of its capital and surplus. Such a surety
must reinsure any obligation over 10 percent. The amount in
excess of 10 percent must be reinsured by reinsurers who
are duly authorized, accredited, or trusteed to do business in
the State of Texas.
Should any surety for the contracted project be determined
unsatisfactory at any time during same, the Contractor shall
immediately provide a new surety bond satisfactory to the
City.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK.
If the Contractor defaults or neglects to carry out the Work in
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accordance with the Contract Documents or fails to perform
any provision of the Contract, the Owner may, without
prejudice to any other remedy he may have, enter the site
and make good such deficiencies. In such case an
appropriate Change Order shall be issued deducting from
the payments then or thereafter due the Contractor the cost
of carrecting such deficiencies, including the cost of the
ArchitecYs additional services made necessary by such
default, neglect or failure. If the payments then or thereafter
due the Contractor are not sufficient to cover such amount,
the Contract shall pay the difference to the Owner.
G-10 ROYALTIES AND PATENTS. The Contractor
shall pay all royalties and license fees. He shall defend all
suits or claims for infringement of any patent rights and shall
save the Owner harmless from loss on account thereof and
shall be responsible for all such loss when a particular
design, process or the product of a particular manufacturer
or manufacturers is specified; however, if the Contractor has
reason to believe that the design, process or product
specified is an infringement of a patent, he shall be
responsible for such loss unless he promptly gives such
information to Architect.
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
Architect timely notice of its readiness and the date
arranged so the Architect may observe such inspection,
testing or approval. The Owner shall bear all costs of such
inspection, tests and approvals unless othervuise provided.
If after the commencement of the Work, the Owner or
Architect determine that any Work requires special
inspection, testing or approval not included above, the
Owner or 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 ArchitecYs
additional services made necessary by such costs;
otherwise the Owner shall bear such costs, and an
appropriate Change Order shall be issued.
The Contractor shall secure certificate of inspection, testing
or approval, and three copies will be promptly delivered by
him to the Architect. The Architect will review the certificates
and forward one copy of each with his recommendation(s) to
the Owner.
If the Architect or Owner wish to observe the inspections,
tests or approvals required by this Section, they will do so
promptly and, where practicable, at the source of supply.
Neither the observations of the Architect or the Owner in
their administration of the Construction Contract, nor
inspections, tests or approvals by persons other than the
Contractor shall relieve the Contractor from his obligations to
perform the Work in accordance with the Contract
Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES
SERVICES. The Contractor shall perform the work under
this Contract with a minimum of outage time for all utilities.
Interruption shall be by approved sections of the utiliry. In
6/28/99
GC-9
some cases, the Contractor may be required to pertorm the
work while the existing utility is in service. The existing utility
service may be interrupted only when approved by the
Owner. When it is necessary to interrupt the existing utilities,
the Contractor shall notify the Owner in writing at least ten
days in advance of the time that he desires the existing
service to be interrupted. The interruption time shall be kept
to a minimum. Depending upon the activities at an existing
facility that requires continuous service from the existing
utility, an interruption may not be subject to schedule at the
time desired by the Contractor. In such cases, the
interruption may have to be scheduled at a time of minimum
requirements of demand for the utility. The amount of time
requested by the Contractor of existing utility services shall
be as approved by the Owner.
G-73 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 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
etevation of all the construction contemplated by the
Construction Documents.
Prior to commencing work, the Contractor shall carefully
compare and check a�l Architectural, Structural, Mechanical
an Electrical drawings; each with the other that in any affects
the locations or elevation of the work to be executed by him,
and should any discrepancy be found, he shall immediately
report the same to the Architect for verification and
adjustment. Any duplication of work made necessary by
failure or neglect on his part to comply with this function
shall be done at the contractors sole expense.
G-14 MEASUREMENTS: Before ordering any material
or doing any work, the Coniractor 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 which 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 no
shown or specified at the contractor's sole expense.
Attention is directed to the possible existence of pipe and
other underground improvements that may or may not be
shown on the Drawings. All reasonable precautions shall be
taken to preserve and protect any such improvements
whether or not shown on the Drawings.
Location of existing underground lines, shown the Drawings
are based on the best available sources, but are to be
regarded as approximate only. Exercise extreme care in
locating and identifying these lines before excavation in
adjacent areas.
G-16 ALIGNMENT OF JOINTS IN FINISH
MATERIALS. It shall be the responsibility of the Contractor
to make certain in the installation of jointed floor, wal� 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-77 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 an from existing adjacent
facilities.
Where new site work is to be connected to existing work,
special care shall be exercised by the Contractor not to
disturb or damage the existing work more than necessary.
All damaged work shall be replaced, repaired and restored
to its original condition at no cost to the Owner.
G-18. HAZARDOUS MATERIAL CERTIFICATION: �t 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 ArchitecYs
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
ArchitecYs approval. He shall remove and relocate such
items at his own expense if so directed by the Architect.
Where possible . uniform margins are to be maintained
between parallel lines and or adjacent wall, floor or ceiling
surfaces.
G-20 OVERLOADING. The Contractor shall be
responsible for loading of any part or parts of structures
beyond their safe carrying capacities by placing of materials,
equipment, tools, machinery or any other item thereon. No
loads shall be placed on floors or roofs before they have
attained their permanent and safe strength.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it
is required in the Specifications that materials, products,
processes, equipment, or the like�be installed or applied in
accordance with manufacturer's instructions, direction or
specifications, -or words to this effect, it shall be construed to
mean that said application or installation shall be in strict
accordance with printed instructions furnished by the
manufacturer of the material concerned for use under
conditions similar or those at the job site. Six copies of such
instructions shall be furnished to the Architect and his
approval thereof obtained before work is begun.
G-22 CLEANING UP. The Contractor shail 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 equipmenY and paint or
decorated work shall be cleaned and touched-up if
necessary, and all temporary labels, tags, and paper
coverings removed throughout the buildings. Surfaces
that are waxed shall be polished.
8. The exterior of the building, the grounds, approaches,
equipment, sidewalks, streets, etc. shall be cleaned
similar to interior of buildings and left in good order at
the time of final acceptance. All paint surfaces shall be
clean and unbroken, hardware shall be clean and
polished, all required repair work shall be completed
and dirt areas shall be scraped and cleared of weed
growth.
9. Clean all glass surFaces and mirrors of putty, paint
materials, etc., without scratching or injuring the glass
and leave the work bright, clean and polished. Cost of
this cleaning work shall be bome 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.
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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 wilt 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 Insoection. Record Drawinas: Attention is called to
General Conditions Section I entitled, "Payments and
Completion."
Maintenance Manual: Sheets shall be 8'/2' x 11", except pull
out sheets may be neatly folded to 8'/ " x 11". Manuals
shall be bound in plastic covered, 3 ring, loose leaf binder
with title of project lettered on front and shall 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, other materials.
Submit six copies of Maintenance Manual, prior to request
for final payment.
Operational Insoection and Maintenance Instruction: The
Contractor shall provide at his expense, competent
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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 ali
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.
Guarantees shall become valid and operative and
commence upon issuance of Certificate of Inspection and
Acceptance by Owner. Guarantees shall not apply to work
where damage is result of abuse, neglect by Owner or his
successor(s) in interest.
The Contractor agrees to warrant his work and materials
provided in accordance with this contract and the terms of
the Technical Specifications contained herein. Unless
supplemented by the Technical Specifications or the
manufacturers normal extended warrantees, the Contractor
shall warrant all work materials, and equipment against
defects for a period of one year from the date of final
acceptance. The Contractor further agrees to bear alI 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 origina� condition.
G-28 RECORD DRAWINGS. Upon completion of the
Work and prior to application for finaf 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. At the Contractor's
option, he may provide a substantial chain-link construction
fence around all or a part of the site. The fences and gates
must be maintained throughout the construction period.
Remove the fences and gates upon completion of the
Project and restore the site to the required original or
contract condition.
I■1
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 AGE: In accordance with the policy ("Policy") of
the Executive Branch of the federai government, Contractor
covenants that neither it nor any of its officers, members,
agents, employees, program participants or subcontractors,
while engaged in performing this contract, shall, in
connection with the employment, advancement or discharge
of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons
because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory
requirement.
Contractor further covenants that neither it nor its officers,
members, agents, employees, subcontractors, program
participants, or persons acting on their behalf, shall specify,
in solicitations or advertisements for employees to work on
this contract, a maximum age limit for such employment
unless the specified maximum age limit is based upon a
bona fide occupational qualification, retirement plan or
statutory equipment.
Contractor warrants it will fully comply with the Policy and
will defend, indemnify and hold City harmless against any
claims or allegations asserted by third parties or subcontrac-
tor against City arising out of Contractor's and/or its
subcontractors' alleged failure to comply with the above
referenced Policy concerning age discrimination in the
performance of this agreement.
G-32 DISABILITY: In accordance with the provisions of
the Americans With Disabilities Act of 1990 ("ADA"),
Contractor warrants that it and any and all of its
subcontractors will not unlawfully discriminate on the basis
of disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of
employment for applicants for employment with,' or
employees of Contractor or any of its subcontractors.
Contractor warrants it will fully comply with ADA's provisions
and any other applicable federal, state and local laws
concerning disability and will defend, indemnify and hold
City harmless against any claims or allegations asserted by
third parties or subcontractors against City arising out of
Contractor's and/or its subcontractors' alleged failure to
comply with the above-referenced laws concerning disability
discrimination in the performance of this agreement.
SECTION H
CONTRACT TIME
H-1 DEFINITIONS. The Contract Time is
the period of time allotted in the Contract Documents for
completion of the Work.
The date of commencement of the Work is the date
established in the Notice to Proceed' If there is no notice to
proceed, it shall be the date of the Agreement or such other
date as may be established therein.
The Date of Substantial Completion of the Work or
designated portion thereof is the Date certified by the
Architect with the approval of the Owner that construction is
sufficiently complete, in accordance with the Contract
Documents, so the Owner may occupy the Work or
designated portion thereof for the use for which it is
intended. Final acceptance of the completed work or any
portion thereof can be made only by the City Council of the
City of Fort WoRh or iYs designated Assistant City Manager,
and no other form of acceptance wiil 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"Worfcing 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 wili be as
recommended by the Architect with final approval by City of
Fort Worth.
A working day is defined as a calendar day, not including
Saturdays, Sundays, and legal holidays, in which weather or
other conditions not under the control of the Contractor
permit the performance of work for a continuous period of
�not less than seven hours between 7:00 a.m. and 6:00 p.m.
However, nothing in these Contract Documents shall be
construed as prohibiting the Contractor from working on
Saturdays if he so desires. Should the Contractor choose to
work on Saturdays, one day will be charged as contract
working time when weather or other conditions permit seven
hours of work as delineated above. Legal holidays are
defined as being New Year's Day, Independence Day, Labor
Day, Thanksgiving Day, Christmas Day, Memorial Day, and
Veteran's Day.
H-2 PROGRESS AND COMPLETION. All the time
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 Contact Time.
H-3 DELAYS AND EXTENSIONS OF TIME. If the
Contractor is delayed at any time in the progress of the
Work by any act or neglect of the Owner or the Architect, or
by any employee of the Owner, or by any separate
contractor employed by the Owner, or by 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 fumished, 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.
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H-4 NO DAMAGE FOR DELAY. No payment,
compensation or adjustment or any kind (other than the
extensions of time provided for) shall be made to the
contractor for damages because of hindrances or delays
from an cause in the progress of the work, whether such
hindrances or delays be avoidabie or unavoidable, and the
contractor agrees that he will make no claim for
compensation, damages or mitigation of liquidated damages
for any such delays, and will accept in fuli satisfaction for
such delays said extension of time.
SECTION 1
PAYMENTS AND COMPLETION
I-1 CONTRACT SUM. The Contract Sum
is stated in the proposal as accepted and is the total amount
payable by the Owner to the Contractor for the performance
of the Work under the Contract Documents.
1-2 SCHEDULE OF VALUES. Before the
first Applicable for Payment, the Contractor shall submit to
the Architect a Schedule of Values of the various portions of
the Work, including quantities if required by the Architect,
aggregating the total Contract Sum, divided so as to
facilitate payments to Sub-contractors, prepared in such
form as specified or as the Architect and the Contractor may
agree upon, and supported by such data to substantiate its
correctness as the Architect may require. Each item in the
Schedule of Values shall include its proper share of
overhead and profit. This Schedule, when approved by the
Architect and the Owner, shall be used as a basis for the
Contractor's Applications for Payment.
I-3 ADJUSTMENT OF QUANTITIES. Where unit
prices and estimated quantities are used to compute the
contract amount, the Owner may increase the quantities by
an amount that is 20% of the total cost for that section. Unit
prices for adjustments to unit quantities in excess to 20%
may be negotiated at the request of either party.
I-4 PROGRESS PAYMENTS. On the first day of
each month after the first month's work has been completed,
the Contractor will make current estimates in writing for
review by the Architect 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 Scheduie of Values and Progress
Schedule.
If payments are to be made on account of materials or
equipment not incorporated in the Work but delivered and
suitably stored at the site or in an independent, bonded
warehouse such payments shall be conditioned upon
submission by the Contractor of bills of sale or such other
procedures satisfactory to the Owner to establish the
Owner's title to such materials or equipment or otherwise
protect the Owner's interest including applicable insurance
and transportation to the site.
The Contractor warrants and guarantees that title to all
Work, materials and equipment covered by an Application
for Payment, whether incorporated in the Project or not, will
pass to the Owner upon the receipt of such payment by the
Contractor, free and clear of all liens, claims, security
interests or encumbrances hereinafter referred to as "liens";
and that no Work, materials or equipment covered by an
Application for Payment will have been acquired by the
Contractor, or by any other persons performing the Work at
the site or furnishing materials and equipment for the Work,
subject to an agreement under which an interest therein or
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an encumbrance thereon is retained by the seller or
otherwise imposed by the Contractor or such other person.
The Contractor shall p�epare each application for payment
on AIA Document G702, "Application and Certificate for
PaymenY', 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.
I-5 CERTIFICATES FOR PAYMENT. If the
Contractor has made Appiication for Payment as above, the
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 Architect to the Owner, based on the
ArchitecYs 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 resuits of any subsequent
tests required by the Contract Documents, to minor
deviations from the Contract Documents correctable prior to
completion, and to any specific qualifications stated in the
Certificate); and recommendations to the Owner that the
Contractor be paid in the amount certified. In addition, the
ArchitecYs approval of final payment assures the Owner that
the conditions precedent to the Contractor's being entitled to
final payment as set forth in this Section have been fulfilled.
After the Architect has issued a Certificate for Payment, the
Owner shall approve or disapprove same within ten days
after it has been delivered to the Director of the Department
of Transportation and Public Works. For contracts less than
$400,000, Owner shall pay 90% of the approved estimate to
the Contractor within seven days after its approval, and the
remaining 10% of each such estimate will be retained by the
Owner until the final estimate is approved and the Work is
accepted by the City Council of the City of Fort Worth. For
contracts in excess of $400,000, the Owner will retain only
5% of each estimate until the final estimate is approved and
work accepted by the City Council of the City of Fort Worth.
No Certificate for a progress payment, nor any progress
payment, nor any partial or entire use or occupancy of the
Project by the Owner, shall constitute an acceptance of any
Work not in accordance with the Contract Documents, or
relieve the Contractor of liability in respect to any warranties
or responsibility for faulty materials or workmanship. The
Contractor shall promptly remedy any defects in the Work
and pay for any damage to other work resulting therefrom
that shall appear within a period of one year from the date of
final acceptance of the Work unless a longer period is
specified.
I-6 PAYMENTS WITHHELD. The Architect may
decline to approve ,an Application for Payment and may
withhold his Certificate in whole or in part if in his opinion he
is unable to make the representations to the Owner as
provided in this Section. The Architect may also decline to
approve any Applications for Payment or, because of
subsequently discovered evidence or subsequent
inspections, may nullify the whole or any part of any
Certificate for Payment previously issued to such extent as
may be necessary in his opinion to protect the Owner from
loss because of:
1) defective work not remedied;
2) claims filed or reasonable evidence indicating probable
filing of claims;
3) failure of the Contractor to make payments properly to
Subcontractors, or for labor, materials or equipment;
4) reasonabie 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 or instructions of the Architect.
I-7 UNRESOLVED CLAIMS: In the event a written
claim for damages against the Contractor or its subcon-
fractors remains unsettled at the time all work on the project
has been completed to the satisfaction of the Director of the
Transportation and Public Works Department, as evidenced
by a final inspection, final payment to the Contractor shall
not be recommended by the Director of the Transportation
and Public Works Department for a period of 30 days after
the date of such final inspection, unless the Contractor shall
submit written evidence satisfactory to the Director that the
claim has been settled and a release has been obtained
from the claimant involved.
Although the claim concerned remains unsettled at the
expiration of the above 30-day period, the Contractor may
be deemed to be entitled to a semi-final payment for work
completed, such semi-final payment to be in an amount
equal to the total dollar amount then due less the dollar
value of any written claims pending against the Contractor
arising out of the performance of such work, and such
semi-finat payment may then be recommended by the
Director.
The Director shall not recommend final payment to a
Contractor against whom such a claim for damages is
outstanding for a period of six months following the date of
the acceptance of the work performed unless the Contractor
submits evidence in writing satisfactory to the Director that:
1) The claim has been settled and a release has been
obtained from the claimant involved, or
2) Good faith efforts have been made to settle such out-
standing claims, and such good faith efforts have
failed.
If condition (1) above is met at any time within the six month
period, the Director shall recommend that the final payment
to the Contractor be made. If condition (2) above is met at
any time within the six-month period, the Director may
recommend that the final payment to the Contractor be
made. At the expiration of the six- month period the Director
may recommend that final payment be made if all other work
has been perfortned and all other obligations of the
Contractor have been met to the satisfaction of the Director.
The Director rriay, if he deems it appropriate, refuse to
accept bids on other Transportation and Public Works
Department contract work from a Contractor against whom a
claim for damages is outstanding as a result of work
performed under a City contract.
I-8 LIQUIDATED DAMAGES: The deduction for
liquidated damages shall be as foliows:
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
$1,000,001to $2,000,000 $420
$2,000,001to $5,000,000 - $630
$5,000,001 to $10,000,000 $840
over$10,000,000 $980
I-9 FAILURE OF PAYMENT. If, without fault on the
part of the Contractor, the Architect should fail to issue any
Certificate for Payment within seven days after receipt of the
Contractor's Application for Payment, if the Contractor's
Application for Payment, or if, without fault on the part of the
Contractor, the Owner should fail to approve such estimate
or to pay to the Contractor 90% or 95% (as applicable) of
the amount thereof within the period of time specified, then
the Contractor may, upon seven (7) days additional written
notice to the Owner and to the Architect, stop the Work until
payment of the amount owing has been received. •
I-10 SUBSTANTIAL COMPLETION AND FINAL
PAYMENT. Prior to the request for final payment, the
Contractor must meet all provisions for Project Closeout.
When the Contractor determines that the Work or a
designated portion thereof acceptable to the Owner is
substantially complete, the Contractor shall prepare the
submission to the Architect a list of items to be completed or
corrected. The failure to include any items on such list does
not alter the responsibility of the Contractor to complete all
Work in accordance with the Contract Documents. When
the Architect, on the basis of an inspection, determines that
the Work is substantiatly complete, he then will prepare a
Certificate of Substantial Completion (G704) which, when
approved by the Owner, shall establish the Date of
Substantial Completion, shall state the responsibilities of the
Owner and the Contractor for maintenance, heat, utilities,
and insurance, and shall fix the time within which the
Contractor shall complete the items listed therein, said time
to be within the Contract time unless extended.
Upon receipt of written notice that the Work is ready for final
inspection and acceptance and upon receipt of a final
Application for Payment and upon receipt of a final
application for payment, providing the record drawings have
been received by the Architect, the Architect will conduct
such test and/or inspections as he deems necessary, and if
in his opinion the Work has been completed in accordance
with the Contract Documents, the Architect will promptly
issue a final Certificate of Substantial Completion stating
that to the best of his knowledge, information and belief, and
on the basis of his observations and inspections, the Work
has been completed in accordance with the terms and
conditions of the Contract Documents and that the entire
balance found to be due the Contractor is due and payable.
Final acceptance can be made by the City Council of the
City of Fort Worth or it's designated representative, and no
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other form of acceptance will be binding upon the Owner.
Final payment and release of the retainage amount will
become due within fifteen days following approval of the City
Council of the City of Fort Worth in accepting the work as
complete.
Neither the final payment nor the remaining retained
percentage shall become due untiEthe Contractor submits to
the Architect:
1)
2)
3)
4)
Contractor's Affidavit of Payment of Debts and Claims
(G706) stating that all payrolls, bills for materials and
equipment, and other indebtedness connected with the
Work for which the Owner or his property might in any
way be responsible, have been paid or otherwise
satisfied,
Consent of Surety to Final Payment (G707), if any, to
final payment,
Contractor's Affidavit of Release of Liens (G706A),
and,
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.
If any Subcontractor, materialman or laborer refuses to
furnish a release or waiver required by the Owner, the
Contractor may, at the election of the Owner, furnish a bond
satisfactory to the Owner to indemnify him against any right,
claim or lien which might be asserted by such
Subcontractor, materialman or laborer. If any such right,
claim or lien remains unsatisfied after all payments are
made. The Contractor shall refund to the Owner all monies
that the latter may be compelled to pay to discharging such
right, claim or lien, including all costs and reasonable
attorney's fees.
The acceptance of final payment shall constitute a waiver of
all claims by the Contractor except those previously made in
writing and still unsettled.
SECTION J
PROTECTION OF PERSONS AND PROPERTY
J-1 SAFETY PRECAUTIONS AND PROGRAMS.
The Contractor shall be responsible for initiating, maintaining
and supervising all safety precautions and programs in
connection with the Work. The Contractor shall designate a
responsible member of his organization at the site whose
duty shall be the prevention of accidents, This person shall
be the Contractor's superintendent unless otherwise
designated in writing by the Contractor to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY. The
Contractor shall take all reasonable precautions for the
safety of, and shall provide all reasonable protection to
prevent damage, injury or loss to: ,.
(1) all employees on the Work and all other persons who
may be affected thereby;
(2) all the Work and all materials and equipment to be
incorporated therein, whether in storage on or-off the
site, under the care, custody or control of the
� Contractor or any of his Subcontractors or Sub-
contractors; and
(3) other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal,
relocation or replacement in the course of construction.
6/28/99
GC-15
Until acceptance of the Work, it shall be under the charge
and care of the Contractor, and he shall take every
precaution against injury or damage to the Work by the
action of the elements or from any other cause whatsoever,
whether arising from the execution or from the non-
execution of the Work. The Contractor shall rebuild, repair,
restore and make good, at his own expense, all injuries or
damages to any portion of the Work occasioned by any of
the above, caused before its completion and acceptance.
The Contractor shall comply with all applicable Laws,
Ordinances, Rules, Regulations and Orders of any public
authority having jurisdiction for the safety of persons or
property or to protect them from damage, injury or loss. He
shall erect and maintain, as required by existing conditions
and progress of the Work, all reasonable safeguards for
safety and protection, including posting danger signs and
other warnings against hazards, promulgating safety
regulations and notifying owners and users of adjacent
utilities.
When the use or storage of explosives or other hazardous
materials or equipment is necessary for the execution of the
Work, the Contractor shall exercise the utmost care and
shall carry on such activities under the supervision of
properly qualified personnel.
All damage or loss to any property referred to in the
preceding paragraphs caused in whole or in part by the
Contractor, any Subcontractor, or anyone directly or
indirectly employed by any of them, or by anyone for whose
acts any of them may be liable, shall be remedied by the
Contractor, including damage or loss attributable to faulty
Drawings or Specifications and acts or omissions of the
Architect or anyone employed by him or for whose acts he
may be liable, and not attributable to the fault or negligence
of the Contractor or anyone claiming through the Contractor
for such damage or loss.
The Contractor shall not load or permit any part of the Work
to be loaded so as to endanger its safety.
J-3 HARD HATS. Hard Hats will be required at aIl
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.
These requirements are in addition to the Accident
Prevention Clause in the General Conditions of the Contract.
Contractor shall provide ten hard hats for use by the
consulting Architects and Engineers and visitors.
J-4 EMERGENCIES. In any emergency affecting the
safety of persons or property, the Contractor shall act at his
discretion to prevent threatened damage, injury or loss. Any
additional compensation or extension of time claimed by the
Contractor on account of emergency work shall be
determined as provided in Changes in the Work.
SECTION K - INSURANCE
K-1 Insurance Reauired. The Contractor shall not
commence work under this Contract until he has obtained all
insurance required under this Section and such insurance
has been approved by the City of Fort Worth, nor shall the
Contractor allow any Subcontractor to commence work to be
performed under this Contract until all similar insurance of
the Subcontractor has been so obtained and approved.
K-1 Insurance Reauired. The Contractor shall not
commence work under this Contract until he has obtained all
insurance required under this Section and such insurance
has been approved by the City of Fort Worth, nor shall•the
Contractor allow any Subcontractor to commence work to be
performed under this Contract until all similar insurance of
the Subcontractor has been so obtained and approved.
K-2
1)
Workers' Comaensation Insurance:
General
a) Contractor's Worker's Compensation Insurance.
Contractor agrees to provide to the Owner (City) a
certificate showing that it has obtained a policy of
workers compensation insurance covering each of
its employees employed on the project in
compliance with state law. No Notice to Proceed
will be issued until the Contractor has complied
with this section.
b) Subcontractor's Worker's Compensation
Insurance. Contractor agrees to require each and
every subcontractor who will perform work on the
project to provide to it a certificate from such
subcontractor stating that the subcontractor has a
policy of workers compensation insurance
covering each employee employed on the project.
Contractor will not permit any subcontractor to
perform work on the project until such certificate
has been acquired. Contractor shall provide a
copy of all such certificates to the Owner (City).
c) By signing this ,contract or providing or causing to
be provided a certificate of coverage, the
contractor is representing to the City that all
employees of th� contractor who will provide
services on the project will be covered by worker's
compensation coverage for the duration of the
project, that the coverage will be based on proper
reporting of classification codes and payroll
amounts, and that all coverage agreements will be
filed with the appropriate insurance carrier or, in
the case of a self-insured, with the Texas
Worker's Compensation Commission's Division of
Self-Insurance Regulation. Providing false or
misleading information may subject the contractor
to administrative penalties, criminal penalties, civil
penalties or other civil actions.
d) The contractor's failure to comply with any of
these provisions is a breach of contract by the
contractor which entitles the City to declare the
contract void if the contractor does not remedy the
breach within ten days after receipt of notice of
breach from the City.
2)
Definitions:
a) Certificate of coverage ("certificate"). A copy of a
certificate of insurance, a certificate of authority to
self-insure issued by the Texas Workers'
Compensation Commission, or a coverage
agreement (TWCC-81, TWCC-82, TWCC-83, or
TWCC-84), showing statutory workers'
compensation insurance coverage for the person's
or entity's employees providing services on a
project, for the duration of the project.
b) Duration of the Project. Includes the time from the
beginning of the work on the project until the
contractor's/person's work on the project has been
completed and accepted by the City.
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GC-16
c) Persons providing services on the project
("subcontractor" in section 406.096)-includes all
persons or entities performing all or part of the
senrices 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, o�ce 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 e�ended.
d) The contractor shall obtain from each person
providing seroices 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 certificatgs
of coverage for the duration of the project and for
one year thereafter.
� 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
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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 classificafion codes and payroli
amounts and filing of any coverage
agreements, which meets the statutory
require�nents of Texas labor Code, Section
401.011(44) for all of its employees providing
services on the project, for the duration of the
project;
ii) provide to the contractor, prior to that person
beginning work on the project, a certificate of
coverage showing that coverage is being
provided for all employees of the person
providing services on the project, for the
duration of the project;
iii) provide the contractor, prior to the end of the
coverage period, a new certificate of
coverage showing extension of coverage, if
the coverage period shown on the current
certificate of coverage ends during the
duration of the project;
iv) obtain from each other person with whom it
contracts, and provide to the contractor:
(1) a certificate of coverage, prior to the
other person beginning work on the
project; and
(2) a new certificate of coverage showing
extension of coverage, prior to the end
of the coverage period, if the coverage
period shown on the current certificate
of coverage ends during the duration of
the project;
v) retain all required certificates of coverage on
file for the duration of the project and for one
year thereafter. �
vi) notify the City in writing by certified mail or
personal delivery, within ten (10) days after
the person knew or should have known, of
any change that materially affects the
provision of coverage of any person providing
services on the project; and
vii) contractually [equire 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.
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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
6/28/99
GC-17
other language common to the worker population.
The text for the notices shall be the following text,
without any additional words or changes:
"REQUIRED WORKER'S
COMPENSATION COVERAGE
The law requires that each person
working on this site or providing
services related to this construction
project must be covered by worker's
compensation insurance. This includes
persons providing, hauling, or delivering
equipment or materials, or providing
labor or transportation or other service
related to the project, regardless of the
identity of their employer or status as an
employee".
Call the Texas Worker's Compensation
Commission at 512-440-3789 to receive
information on the legal requirement for
coverage, to verify whether your
employer has provided the required
coverage, or to report an employer's
failure to provide coverage."
K-3 LIABILITY INSURANCE. The Contractor shall
procure and maintain during the term of this Contract such
Liability Insurance as shall protect him, the City of Fort
Worth and any Subcontractor performing work covered by
this Contract, from claims of damage which may arise from
operations under this Contract, including blasting, when
blasting is done on, or in connection with the Work of the
Project, whether such operations be by himself or by any
Subcontractor or by anyone directly or indirectly employed
by either of them and the limits of such insurance shall be
not less than the following: _
1) Automobile Liability: $1,000,000 each accident, or
reasonably equivalent split limits for bodily injury and
property damage. Coverage shall be on "any auto"
including leased, hired, owned, non-owned and
borrowed vehicles used in connection with this
Contract.
2) Commercial General Liability: $1,000,000 each
occurrence. Coverage under the policy shall be as
comprehensive as that provided in a current Insurance
Services O�ce (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 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
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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
sublimits for these coverages must be approved by the City.
Consequential damage due to faulty workmanship and/or
design performed by the Contractor or his agents shall be
covered.
Upon completion of the Work, the Contractor shall notify the
City of Fort Worth in writing before terminating this
insurance. ,
K-5 PROOF OF CARRIAGE OF INSURANCE. The
Contractor shall provide a certificate of insurance
documenting the Transportation and Public Works
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 an/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
wortn.
3) Insurers of policies maintained by Contractor and its
subcontractor(s), if applicable, shall be authorized to do
business in the State of Texas, or otherwise approved
by the City of Fort Worth, and such shall be acceptable
to the City of Fort Worth insofar as their financial
strength and solvency are concerned. Any company
through which the insurance is placed must have a
rating of at least A:VII, as stated in current edition of A.
M. BesYs 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, non-renewal or material change
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) Certificates of insurance shall be provided by the
Contractor 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.
6/28/99
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8) The City of Fort Worth shall be entitled, upon request
and without incurring expense, to review the insurance
policies including endorsements thereto and, at its
discretion, to require proof of payment for policy
premiums.
9) The City of Fort Worth shall not be responsible for
paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation
that wouid affect insurance coverages required herein
shall be provided to the City in a timely manner.
11) "Other insurance" as referenced in any policy of
insurance providing coverages required herein shall not
apply to any insurance policy or program maintained by
the City of Fort Worth.
12) Contractor shall agree to either require its
subcontractors to maintain the same insurance
coverages and limits thereof as specified herein or
such coverage on the Contractor's subcontractors shall
be provided by the Contractor.
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, Department of
Transportation and Public Works. A change order must be
written and duty negotiated and executed prior to performing
changed work.
The cost or credit to the Owner resulting from a Change in
the Fort Worth shall be determined in one or more of the
following ways:
1) by mutual acceptance of a lump sum property itemized,
including the allowance to Contractor for overhead and
profit stipulated in the original contract proposal;
2) by unit prices stated in the Contract Documents or
subsequently agreed upon; or
3) by cost and a mutually acceptable fixed or percentage
fee.
If none of the methods set forth herein above is agreed
upon, the Contractor, provided he receives a Change Order,
shall promptly proceed with the Work involved. The cost of
such work shall then be determined on the basis of the
Contractor's reasonable expenditures and savings, including
a reasonable allowance for overhead and profit as indicted
in the original contract proposal. In such cases, the
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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 ArchitecYs 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 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 when the cumulative effect of Change Orders
results in an increase in cost of the contract amount by over
$3,000, the City Council must approve all such Change
Orders which will exceed this limit. 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 (30) days . Owner, Architect 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 shatl make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If
the Contractor wishes to make a claim for an increase in the
Contract Sum or an extension in the Contract Time, he shall
give the Architect written notice thereof within a reasonable
time after the occurrence of the event that gave rise to such
claim. This notice shall be given by the Contractor before
proceeding to execute the Work, except in an emergency
endangering life or property in which case the Contractor
shall proceed in accordance with Section J. No such claim
shall be valid unless so made. Any change in the Contract
Sum or Contract Time resulting from such claim, if approved
by the Owner, shall be authorized by Change Order.
L-3 OVEI2HEAD ALLOWANCES FOR CHANGES:
Should any change in the work or extra work be ordered,
the following applicable percentage shall be added to
Material and Labor costs to cover overhead and profit:
1. Allowance to the Contractor for overhead and profit for
extra work perFormed by the Contractor's own forces shall
not exceed fifteen percent 15% .
6!e"8/99
GC-19
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 1( 0%).
L-4 MINOR CHANGES IN THE WORK. The Architect
shali have authority to order minor changes in the Work not
involving an adjustment in the Contract Sum or an extension
of the Contact 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 in
accordance with Section A, or which order minor changes in
the Work in accordance with Section L 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 or Architect,
it must be uncovered for observation and replaced, at the
Contractor's expense.
If any other work has been covered which the Owner or
Architect have 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 be 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 Owner or Architect
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 ArchitecYs
additional seroice 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 previousty 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
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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.
The Contractor shall bear the cost of making good all work
of separate contractors destroyed or damaged by such
removal or correction.
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If the Contractor does not remove such defective or non-
conforming work within a reasonable time fixed by written
notice from the Architect or 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 ail 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 Cont�actor 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.
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 shail 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.
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If the Contractor fails to correct such defective or non-
conforming work, the Owner may correct it in accordance
with Section G.
The obligation of the Contractor under this Section shall be
in addition to and not in limitation of any obligations imposed
upon him by special guarantees required by the Contract
Documents or otherwise prescribed by law.
M-3 ACCEPTANCE OF DEFECTIVE OR NON-
CONFORMING WORK. If the Owner prefers to accept
defective or non-conforming work, he may do so instead of
requiring its removal and correction, in which case a Change
Order will be issued to reflect an appropriate reduction in the
Contract Sum, or, if the amount is determined after final
payment, it shall be paid by the Contractor.
SECTION N
TERMINATION OF THE CONTRACT
N-1 TERMINATION BY THE CONTRACTOR. If the
work is stopped for a period of 30 days under an order or
any court or other public authority having jurisdiction,
through no act or fault of the Contractor or a Subcontractor
or their agents or employees or any other persons
performing any of the work under a contract with the
Contractor, or if the work should be stopped for a period of
30 days by the Contractor for the Owner's failure tamake
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 and
the Architect, terminate the Contract.
N-2 TERMINATION BY THE OWNER. If the
contractor is adjudged as bankrupt, or if he makes a general
assignment for the benefit of his creditors, or if a receiver is
appointed on account of his insolvency, of if the Contractor
refuses, except in cases for which extension of time is
provided, to supply enough properly skilled workmen or
proper materials, or if he fails to make prompt payment to
Subcontractors or for materials or labor, or fails to comply
with al Laws, Statutes, Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or
otherwise is guilty of a substantial violation of a provision of
the Contract Documents, then the Owner, on its own
initiative or upon certification by the Architect tfiat sufficient
cause exists to justify such action, may, without prejudice to
any rights or remedy and after giving the Confractor and his
surety, if any, seven (7) days' written notice, terminate the
employment of the Contractor and take possession of the
site and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Contractor
and may finish the work by whatever method he may deem
6/28/99
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 allocatable to the work not
completed and further reduced by the amount of payments,
if, any otherwise made. Contractor shall submit its claim for
amounts due after termination as provided in this paragraph
within 30 days after receipt of such claim. In the event of
any dispute or controversy as to the propriety or allowability
of all or any portion of such claim under this paragraph, such
dispute or controversy shall be resolved and be decided by
the City Council of the City of Fort Worth, and the decision
by the City Council of the City of Fort Worth shall be final
and binding upon all parties to this contract
SECTION O
SIGNS
The Contractor shall construct and install the project
designation sign as required in the Contract Documents and
in strict accordance with the Specifications for "Project
Designation Signs." This sign shall be a part of this Contract
and shall be included in the Contractor's Base Bid for the
Project.
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
GC - 20
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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
shall provide a temporary field office building for himseif, his
subcontractors and use by the Architect. For construction
contracts with a bid price in excess of $1,000,000.00, the
Contractor shall provide a separate field o�ce 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 sha�l 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 o�ces 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
represerttatives office: one deck, four chairs, plan rack and a
four drawer filing cabinet (with lock). Each office shall
contain not tess than 120 square feet of floor space.
The Contractor shall provide and maintain storage sheds,
other temporary buildings or trailers on the project site as
required for his use. Location of sheds and trailers sfiall be
as approved by the Architect. Remove sheds when work is
completed, or as directed.
P-5 TELEPHONE. The Contractor shall provide and
pay for telephone installation and service to the field o�ces
described above. Service shall be maintained for the
duration of operations under this contract. The Contractor
shall provide for and pay for an automatic tetephone-
answering device at the site office for the duration of the
project. The contractor shall provide a separate telephone
line, and instrument for use by the City's field
representatives.
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 ampte 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
6/28/99
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GC-21
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 su�cient 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.
Li htin . Supply and maintain temporary lighting so that
work of all trades may be properly and safely performed, in
such areas and at such time that day-lighting is inadequate.
Provide at least 0.75 watts of incandescent lighting per
squqr4e foot and maintain a socket voltage of at least 110
volts. Use at least 100 watt lamps. In any event, the lighting
intensity shall not be less than 5 foot candles in the vicinity
of work and traffic areas.
P-8 HEATING. Heating devices required under this
paragraph shall not be electric. The Contractor shall provide
heat, ventilation, fuel and services as required to protect all
work and materials and to keep the humidity down to the
extent required to prevent corrosion of any metal and to
prevent dampness or mildew which is, potentially damaging
to materials and finishes. All such heating, ventilation and
services shall be provided and maintained until final
acceptance of all work. In addition, the Contractor shall
provide heat ventilation prior and during the following work
operations as follows: •
a) At all times during the placing, setting and curing of
concrete provide sufficient heat to insure the heating of
the spaces involved to not less than 40 F.
b) From the beginning of the application of drywall and
during the setting and curing period, provide sufficient
heat to produce a temperature in the spaces involved
of not less than 55 F.
c) For a period of seven (7) days previous to the placing
of interior finish materials and throughout the placing of
finish painting, decorating and laying of resilient flooring
materials, provide sufficient heat to produce a
temperature of not less than 60 F.
P-9 TEMPORARY CONSTRUCTION. EQUIPMENT
AND PROTECTION
The Contractor shall provide, maintain, and remove upon
completion of the work all temporary rigging, scaffolding,
hoisting equipment, rubbish chutes, ladders to roof,
barricades around openings, and all other temporary work
as required to complete all work of the Contract. Contractor
shall coordinate the use and furnishing of scaffolds with his
sub-contractors.
The Contractor shall provide, maintain, and remove upon
completion of the work, or sooner, if authorized by the
Architect, 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 C.ontractor shall provide and maintain pumping facilities,
including power, for keeping the site, all times, whether from
underground seepage, rainfall, drainage of broken tines.
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 Architect and shall
be maintained for the duration of the construction period or
as required to provide for the protection as specified.
P-70 PROJECT BULLETIN BOARD. The Contractor
shall furnish, install and maintain during the life of the project
a weather-tight bulletin board approximately 3 feet high by 5
feet wide having not less than two hinged or sliding glass
doors with provisions for locking. The bulletin board shall be
mounted where and as approved by the Architect, in a
prominent place accessible to employees of the Contractor
and sub-contractors, and to applicants for employment. The
bulletin board shall remain the property of the Contractor
and shall be removed by him upon completion of the
Contract work. The following information which will be
furnished by the City to the Contractor, shall be posted on
the bulletin board and shall be maintained by the Contractor
in easily readable condition at all times for the duration of
the Contract.
a. The Equal Opportunity Poster and Notice
Nondescrimination 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.
GC-22
6/28/99
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DEFINITIONS PROCEDURES AND
INTERPRETATIONS
GENERAL CONDITIONS
INDEX
A-1 Contract Documents
A-2 Entire Agreement
A-3 Work
A-4 Execution of the Contract Documents
A-5 Familiarity with Proposed Work
A-6 One Unified contract
A-7 Division of Work
A-8 Interpretations
A-9 Copies of Working Drawings and Specifications
A-10 Minority and Women's Business Enterprise Policy
A-11 Correlation and Intent
B IDENTITY OF ARCHITECT
B- i Contract Administration
B-2 Termination and Suspension of Work
B-3 Duties of Architect
B-4 Architect as Representative of the Owner
B-5 Access to Job Site '
B-6 Interpretations
B-7 Authority to Stop Work
B-8 Miscellaneous Duties of Architect
B-9 Termination of Architect
C OWNER
C-1 Identification
C-2 Duties of the Owner
C-3 Instructions .
C-4 Access to Job Site
C-5 Progress Inspections
C-6 Authority to Stop Work
C-7 Substantial Completion'Inspection
C-8 Right to Audit
D CONTRACTOR
D-1 Identification
D-2 Independent contractor
D-3 Subletting
D-4 Review of contract Documents
D-5 Supervision
D-6 Labor and Materials
D-7 Prevailing Wage Rate
D-8 Warranty
D-9 Taxes
D-10 Licenses, Notices and Fees �
D-11 Cash Allowances
D-12 Superintendent
D-13 Responsibility for Employees and Sub-contractors
D-14 Failure to Commence work
D-15 Progress Schedule
D-16 Drawings and Specifications at the Site
D-17 Shop Drawings and Samples
D-18 Site Use
D-19 Safe Work Practices
D-20 Field O�ces and Sheds
D-21 Cutting and Patching of Work
D-22 Cleaning Up
D-23 Communications
E SUBCONTRACTORS
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E-1 Definition
E-2 Award of Subcontracts
E-3 Terms of Subcontracts
E-4 Minority and Women's Business Enterprise (M/WBE)
E-5 Payments to Sub-Contractors
SEPARATE CONTRACTS
F-1 Owner's Right
F-2 Mutuai Responsibility of Contractors
F-3 Cutting and Patching Under Separate Contracts
F-4 Owner's Right to Clean Up
G MISCELLANEOUS PROVISIONS
G-1
G-2
G-3
G-4
G-5
G-6
G-7
G-8
G-9
G-10
G-11
G-12
G-13
G-14
G-15
G-16
G-17
G-18
G-19
G-20
G-21
G-22
G-23
G-24
G-25,
G-26
G-27
G-28
G-29
G-30
G-31
G-32
H
Conflict of Laws
Governing Laws
Personal Liability of Public Officials
Compliance with Laws
Indemnification
Successors and Assigns
Written Notice
Surety Bonds
Owner's Right to Carry Out the Work
Royalties and Patents
Tests
Interruption of Existing Utilities Services
Laying Out Work
Measurements
Existing Overhead or Underground Work
Alignment of Joints in Finish Materials
Integrating Existing Work
Hazardous Material Certification
Location of Equipment and Piping
Overloading
Manufacturer's Instruction
Cleaning Up
Dust Control
Fire Protection
Cutting and Patching
Project Closeout
Guarantee and Extended Guarantee
Record Drawings
Construction Fence
Product Deliver, Storage, Handling
Age
Disability
CONTRACT TIME
H-1 Definitions
H-2 Progress and Completion
H-3 Delays and Extension of Time
H-4 No Damage for Delay
I PAYMENTS AND COMPLETION
I-1
I-2
I-3
I-4
I-5
I-6
I-7
I-8
I-9
Contracf Sum
Schedule of Values
Adjustment of Quantities
Progress Payments
Certificates for Payment
Payments Withheld
Unresolved Claims
Liquidated Damages
Failure of Payment
I-10
J
J-1
J-2
J-3
J-4
K
K-1
K-2
K-3
K-4
K-5
K-6
L
L-1
L-2
L-3
L-4
L-5
M
M-1
M-2
M-3
N
N-1
N-2
O
P
P-1
P-2
P-3
P-4
P-5
P-6
P-7
P-8
P-9
P-10
Q
Substantial Completion and'Final Payment ,
PROTECTION OF PERSONS AND PROPERTY
Safety Precautions and Programs
Safety of Persons and Property
Hard Hats
Emergencies
INSURANCE
Insurance Required
Workers' Compensation Insurance
Liability Insurance
Builder's Risk Insurance
Proof of Insurance
Other Insurance Related Requirements
CHANGES IN THE WORK
Change Order
�laims for Additional Cost or Time
Overhead Allowance for Changes
Minor Changes in the Work
Field Orders�
UNCOVERING AND CORRECTION OF WORK
Uncovering of Work
Correction of Work
Acceptance of Defective or Non-Conforming Work
TERMINATION OF THE CONTRACT �
Termination by the Contractor
Termination by the Owner
SIGNS -
TEMPORARY FACILITIES
Scope
Use of Temporary Facilities
Maintenance and Removal
Field O�ces and Sheds
Teiephone
Toilet Facilities
Utilities
Heating
Temporary Construction, Equipment and Protection
Project Bulletin Board
VENUE �
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GC-24
6/28/99
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aCLASSIFACTION
1999
BUILDING & CONSTRUCTION TRADES
STANDARD WAGE RATE
FOR TARRANT COUNTY
HOURLY RATE CLASSIFACTION
AIR CONDITIONING MECHAMC
� AIR CONDITIOI�TING MECHAMC HELPER
ACOUSTIC CEILFNG INSTALLER
ACOUSTIC CEILING INSTALLER HELPER
BRICKLAYERISTONE MASON
� BRICKLAYER/STONE MASON HELPER
CARPENTER
CARPENTER HELPER
CONCRETE FINISHER
j� CONCRETE FINISHER HELPER
U CONCRETE FORM BUILDER
CONCRETE FORM BUILDER HELPER
DRYWALL TAPER
� DRYWALL TAPER HELPER
ELECTRICIAN JOURNEYMAN
ELECTRICIAN HELPER
ELECTRONIC TECHNICIAN
a ELECTROMC TECHNICIAN HELPER
FLOOR LAYER (CARPET)
FLOOR LAYER (RESILIENT)
� FLOOR LAYER HELPER
GLAZIER
GLAZIER HELPER
INSULATOR �
0 INSULATOR HELPER
LABORER COMMON
LABORER SKILLED
LATHER
� LATHER HELPER
METAL BUILDING ASSEMBLER
METAL BUILDING ASSEMBLER HELPER
PAINTER
� PAINTER HELPER
PIPEFITTER
PIPEFITTER HELPER
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$15.96
8.81
13.82
9.79
13.25
9.86
13.00
934
12.00
9.44
11.59
8.87
11.87
8.25
16.29
10.20
12.86
12.67
13.58
14.48
8.56
13.66
9.26
15.89
9.46
7.82
9.66
15.80
11.75
13.34
7.85
11.93
8.30
1433
10.93
HOURLY RATE
PLASTERER
PLASTERER HELPER
PLUMBER
PLUMBER HELPER
REINFORCING STEEL SETTER
REINFORCING STEEL HELPER
ROOFER
ROOFER HELPER
SHEET METAL WORKER
SHEET METAL WORKER HELPER
SHEETROCK HANUER
SHEETROCK HANGER HELPER
SPRINKLER SYSTEM INSTALLER
SPRINKLER SYSTEM INSTALLER HELPER
STEEL WORKER STRUCTURAL
STEEL WORKER STRUCTURAL HELPER
WELDER
WELDER HELPER
HEAVY EQUIPMENT OPERATORS
EQUIPMENT OPERATORS
CONCRETE PUMP OPERATORS
CRANE,CLAMSHELL,BACKHOE,
DERRICK, D'LINE SHO .
FORKLIFT OPERATOR
FOUNDATION DRILL OPERATOR
FRONT END LOADER OPERATOR
TRUCK DRIVER
13.29
8.63
16.26
9.39
11.88
9.18
13.17
7.82
15.87
9.29
12.70
9.71
16.93
7.81
14.66
7.91
14.87
9.67
14.66
13.30
13.03
1034
11.66
11.60
9.80
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WEATHER TABLE
Month
January
February
March
April
May
June
July
August
September
October
November
-- December
� ANNUALLY �
Average
Days of
Rain
7
7
7
8
8
6
5
5
7
5
6
6
77
Inches of Snowilce
Rainfail Pellets
1.80
2.36
2.54
4.30
4.47
3.05
1.84
2.26
3.15
2.68
2.03
1.82
I 32.30 I
1
.
0
0
0
0
0
0
0
,
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1
(1) Mean number of days rainfall, 0.01" or more
(2) Average normal precipitation, in inches
(3) Mean number of days 1.0 inch or more
" Less than 0.5 inches
This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32
deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft.
Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is
based on record of 1941-1970 period.
This table is to be used as a basis for calculation of excess rain or weather days fo� 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 number of weather days exceeds the number of average
rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change
o�ae�.
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PROJEC7 DESIGNATION SIGN
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Project Titl� �
� Contractor:
Con�ractors Name
FUNDED BY
,� * * * * * * * .� * * *
SCHEDULED COMPLETION DATE
YEAR
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SIGN IS WFiITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE,
COMRACTOR, BOND AND COMPLETION DATE INFORMATION IS If� FiELVETICA.
C[TY OF FORT WORTH LOGO IS AVAlLABLE 1N A VECTOR �ORMAT FROM THE CIN OF
FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE LINES THAT
COMPOSE THE "STAR" AR� PMS 167.
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TEXAS CERTIFICATE OF EXEMPTION
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I claim an exemption from payment of sales and use taxes for the purchase of taxable items described
bclow or on the attached order or invoice.
Description of Items ( or an attached order or invoice) To be Purchased: All Items
I claim this exemption for the following reason:
Name of exemption organization: Citv of Fort Worth
Texas Sales and Use Tax Permit #1-75-6000528-6
I understand that I will be liable for payment of sales taz which may become due for failare to
comply with the provision of the states, city and or metropolitan transit authority sales and use taz
laws And comptroller rules regarding ezempt purchases. Liability for the taa will be determine by
the price paid for the tazable items purchased or the fair market rental valae for the period of time
use. -
I understand that it is a misdemeanor to give an eaemption certificate to the seller taxable items
which I know, at the time of purchase, will be used in a manner other than that ezpensed in this
certificate and upon conviction, may be fined up to 5500 per offense.
Municipalities are granted taz esempt status per the Tezas Constitution, ART 8, Section I.
Purchasers: Citv of Fort Worth
� Street Address: 1000 Throctcmorton
City, State, Zip Code: Fort Worth Texas 76102
Signature/Fitle: ��-�-c�" (�
D Purchasing Manager
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Date:
Phone:
Fax:
This certificate does not require a number to be valid. Sales �nd use taz "ezemption numbers" or
"tax ezempt" numbers do not ezist.
This certificate should be furnished to the supplier. Do not send the completed certificate to the
Comptroller of Public Accounts.
FINANCE DEPARTMENT
PURCHAS[NG D(VISION -
THH ClTY OF FORT WORTH * lOOO THROCKMORTON STREET * FORT WORTH, TEXAS 7Fi 1 OZ
(817) 871-8360 * Fax (81'� 871-8440
�' Printed on retycled �aper
� SLTMMARY OF WORK 01010 - 1
McLELAND TENNIS CENTER
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PART1 GENERAL
1.1 SLTMMARY:
SECTION 01010
SUMMARY OF WORK
A. Without limiting requirements of the contract documents, the description of the work of the contract
can be summarized as follows:
B. Work covers the modifications and miscellaneous improvements to the existing McLeland Tennis
Center located at 1600 W. Seminary, in Fort Worth as follows:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
tennis court resurfacing
retaining walls
repair light standards
flatwork
ramp
handrails
re-grading
demolition
court bench shelters
landscape maintenance
C. It is the intent of these Contract Documents that all materials to be incorporated into the work be free
of asbestos�in any form. The Owner will require that the Contractor certify that asbestos has not been
incorporated into the project.
D. Construction shall comply with the (Uniform Building Code 1997) Edition as applied by the City of
Fort Worth, Texas and all other applicable codes and amendments.
E. The work included under these specifications consists of furnishing all items, materials, operations, or
methods listed, mentioned, indicated or scheduled on the drawings, and/or in these specifications,
including all labor, materials, equipment, transportation, temporary facilities, services, and incidentals
necessary and required for the construction and completion of the work involved.
F. It is understood and agreed that the work shall be completed and performed according to the true
intent, meaning and spirit of the Contract Documents, which are intended to cover all work necessary
to complete the project in a first class manner, and should anything be omitted from the Contract
Documents, the Contractor shall secure written instructions from the Owner and Architect before
proceeding with the work affected or to be affected by such omissions or discrepancies.
1.2 CONTRACTOR'S DUTIES
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A. Provide list of proposed subcontractors to Owner at beginning of job. Subcontractors shall provide list
of suppliers to Contractor for submission to Owner at close of job. �
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SUMMARY OF WORK
McLELAND TENNIS CENTER
oioio - a �
1. If the Owner has reasonable objectic�n to any such proposed person or entity, the Contractor shall
submit a substitute to whom the Owner has�no reasonable objection. The Contractor will be
required to establish, to the satisfaction of the Owner, the responsibility and ability of the
subcontractor. The Owner will notify the Contractor if the Owner after due investigation, has
reasonable objection to any one person or organization on those lists. Subcontractors not approved
by the Owner shall not be used. The rejection by the Owner of a subcontractor deemed
unsatisfactory shall not be reason for request for additional contract amount by the successful
bidder. � � '
B. Furnish & Provide
l. Labor, materials and equipment.
2. Tools, construction equipment and machinery.
3. Water, heat and utilities required for construction.
4. Other facilities and services necessary for proper execution and completion of the work.
C. Secure and pay for proper execution and completion of work as necessary, and as applicable at the time
of receipt of bids:
1. Permits (No charge for City Building Permits)
2. Government fees
3. Licenses
D. Give required notices.
E. Comply with codes, ordinances, rules, regulations, orders and other legal requirements of public
authorities which bear on performance of work.
F. Promptly submit written notice to Architect of observed variance of Contract Docuxnents from legal a
requirements. It is not the Contractor's responsibility to make certain that drawings and specifications
comply with codes and regulations.
G. Contractor shall verify all conditions at the site and dimensions in the field prior to starting work.
Architect shall be notified in writing of any discrepancies found.
H. The Drawing and Specifications represent the work to be completed not the method of construction.
, However, the Contractor sha11 perform all demolition and remedial work in a sequence to where any
interruption of the utility service occurs at an absolute minimum.
I. A work schedule shall be submitted to and approved by Owner and Architect prior to commencing
work. This schedule shall be updated monthly and submitted in conjunction with the Application for
Payment.
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J. Contractor shall use every precaution to prevenf damage to roads, trees, adjacent property, and utilities 0
above and below ground that are adjacent to or included in the area under contract. The Contractor
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aSUMMARY OF WORK
McLELAND TENNIS CENTER
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01010 - 3
shall repair and replace, at his expense, any material, tree or building affected, damaged or destroyed
because of his operations or work.
1.3 CONTRACTS
A. Construct work under stipulated sum contract
1.4 INTRODUCTION TO SECTION FORMAT
A. Description
1. Extent of work required includes, but is not limited to, the scope indicated.
2. Provide all items, articles and materials listed, mentioned, or scheduled on the Drawings or in the
Specifications and related Construction Documents, including all labor, materials, equipment, and
incidents necessary and required for their completion, as reasonably implied.
B. References:
1. Obtain and conform to manufacturer's directions for installation, connection and/or erection of all
manufactured articles, materials and equipment.
2. Conform to applicable portion of listed reference standards as minimum requirements.
3. References to standard specifications shall mean to the latest edition of such specifications,
including all revisions thereto.
4. The applicable issues of the publications listed, but referred to thereafter by basic designation only,
form a part of the specifications to the extent indicated by reference thereto.
5. Maintain copies of all references at job site.
1.5 CORRELATION OF DOCUMENTS
A. Anything mentioned in the Specifications and not shown on the Drawings, or shown on the Drawings
and not mentioned in the Specifications, is of like effect as if shown or mentioned in both.
� B. In case of difference between small and large scale drawings, the large-scale drawings will govern.
Schedules on any contract drawing will take precedence over conflicting information on that of any
other contract drawing. On any of the Drawings in which a portion of the work is detailed or drawn
� out and the remainder is shown in outline, the parts detailed or drawn out will apply also to all other
like portions of the work.
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C. When the word "similar" appears on Drawings, it has a general meaning and must not be interpreted as
meaning identical. All details must be worked out in relation to their location and connection with
other parts of the work.
D. If a document discrepancy is identiiied prior to bidding, the Architect is to be notified so a written
clarification may be issued.
E. 'Any discrepancy in the documents shall be interpreted to include the most restrictive or costly solution.
In case of discrepancy either in figures or Drawings or Specifications, the matter must be promptly
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SUMMARY OF WORK
McLELAND TENNIS CENTER
01010 - 4 �
submitted by the Contractor to the Architect, who will promptly make a determination in writing. Any
adjustment by the Contractor without such a determination by the Architect will be at the Contractor's
own risk and expense. The Architect will furnish, as necessary, additional detailed Drawings and
information for clarification.
F. Refer to Architectural Drawings for verification of locations, sizes, and dimensions.
1.6 LAYOUT
A. Follow Drawings as closely as possible for layout of the Work, however, Contractor under the
direction of Architect, shall make any minor adjustments necessary to meet special conditions, at no
additional cost to the Owner. Where a major digression from the drawings is suggested, tlie Contractor
shall submit shop drawings to the Architect indicating desirability for change.
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B. Subcontractors shall verify with the General Contractor the exact field location of all rough-in �
dimensions, taking into account location of walls, partitions and equipment. Any cost in relocation of
items due to that subcontractor's error, will be borne by him at no additional cost to the Owner. _
C. Where equipment involving more than one suhcontractor is installed at a common location and no
specific location has been determined, it is the Contractor's responsibility to check with the Architect
for the actual rough-in dimensions for such equipment. If for some reason the rough-in has not been
checked and a subcontractor has installed his equipment, remaining subcontractors shall align their
equipment as closely as possible to the installed equipment. Alignment shall mean centered vertically,
equally space and centered horizontally. This alignment applies to bells, alarms, thermostats, switches,
handles, access panels, etc. Any items not installed in alignment shall be relocated by the Contractor at
his own expense with damaged surfaces properly repaired.
1.7 CONTRACTOR USE OF PREMISES
A. Confine operations at site to areas permitted by law, ordinances, permits and as designated by Owner
B. Do not unreasonably encumber site or building with materials or equipment.
C. Maintain required fire exits during construction in accordance with Fire Deparhnent regulations.
Provide signage, barricades, walkways, fences etc., as may be required.
D. Assume full responsibility for protection and safekeeping of products stored on premises.
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E. Obtain and pay for use of additional storage and work areas needed for operations as necessary. �
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A. All work performed under the Drawings and the Specifications shall be guaranteed against defective
workmanship and material for a period of one year from the date of substantial completion of the
project, in addition to any'specific product warrantees.
1.9 SITE EXAMINATION
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� SUMMARY OF WORK 01010 - 5
McLELAND TENNIS CENTER
� A. Contractor shall visit and examine the site of the proposed work (prior to submittal of his proposal) and
shall be held responsible for having observed and ascertained all visible conditions which may be
� encountered in the performance of the work such as location, accessibility, general conditions,
vegetation and terrain, existing structures and objects, character and extent of work if nay then in
progress, condition with respect to adjacent properties and the nature of the neighborhood. Any claims
� after contract award for difficulties encountered which could have been foreseen by such site review
will not be recognized by the Owner.
� PART 2 PRODUCTS - Not applicable
PART 3 EXECUTION - Not applicable
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END OF SECTION
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� CUTTING AND PATCHING 01045 - 1
McLELAND TENNIS CENTER
� SECTION 01045
CUTTING AND PATCHING
aPART1 GENERAL �
� 1.1 GENERAL
A. Cut and patch as required to complete the work for:
a1. Visual quality as directed by the Architect.
2. Mechanical systems.
� 3�. Inspection, preparation and performance.
B. Cut and patch with care to avoid damage to work, safety hazards, violation of warranty requirements,
� building code violation, or maintenance problems.
PART 2 PRODUCTS .
D2.1 MATERIALS
� A. Match existing materials with new materials so that patching work is undetectable.
PART 3 EXECUTION
� 3.1 INSTALLATION
� A. Inspect field conc�itions to identify all work required. �
B. Notify Architect of work that might disrupt building operations.
� C. Perform work with workmen skilled in the trades involved. Prepare sample area of each type of work
for approval. Protect adjacent work from damage and dirt.
� D. For cutting work, use proper cutting tools, not chopping tools. Minimize damage to adjacent work.
Check for concealed utilities and structure before cutting. _
� E. Make patches, seams and joints durable and inconspicuous. Tolerances for patching shall be the same
as for new work.
� F. Clean work areas and areas affected by cutting and patching operations.
QEND OF SECTION
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SECTION 01630
PRODUCT OPTIONS AND SUBSTITUTIONS
Within ten days of Notice to Proceed, submit two copies of the Products and Materials List
detailing the methods, products, and materials proposed for installation
Options:
For products specified only by reference and performance standards, select any manufacturer
meeting standards. Provide information confirming that particular model meets specified
requirements.
For products specified by naming one or more products, select any of the products specified, or
submit two copies of Request for Substitution for products not specifically named.
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1.03 Submissions: Include following information (all products):
A. For products to be supplied as specified, include following information:
1. Tabulate by specification number
2. Manufacturer's literature highlighted to indicate the particular models and options chosen
to meet contract requirements.
3. include: Name and address of manufacturer Trade name Model number or catalog
description Manufacturer's performance and test data
B. For alternative products and methods as follows:
1. Request for Substitution
2. Detailed description of proposed product or method
3. Samples
4. Name and address of similar local projects on which the product was
installation
5. Drawings illustrating methods.
6. Schedule impact
7. Relation to other trades and contracts.
8. Accurate cost data comparison with specified method
used and date of
C. In submitting Requests for Substitution, the Contractor represents that:
• 1. He has personally investigated the proposed product or method and has determined that
it is equal to or superior to that specified.
2. He will provide the same or better warranty for the substituted product as for that
specified.
3. He will coordinate installation of accepted substitution into work, making such changes as
may be required.
4. He will waive all claims for additional costs related to substitution which subsequently
become apparent.
5. Cost data is complete and includes all related costs under the contract.
D. Substitutions will not be approved if:
1. They are indicated or implied on shop drawings or product data submittals without prior
approval of substitution request.
2. Acceptance will require substantial revision of contract documents.
E. If substitution is not approved or accepted, contractor shall furnish specified product or
� construction method.
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01630 - 1
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GENERAL CONTRACTOR'S REQUEST FOR SUBSTITUTION
DATE: REQUEST NO:
PROJECT NAME:
PROJECT NUMBER:
City Contractor
I/WE REQUEST APPROVAL OF THE FOLLOWING PRODUCT OR SYSTEM AS AN APPROVED
SUBSTITUTION IN ACCORDANCE WITH THE CONTRACT DOCUMENTS:
1.01 Name and Description of SPECIFIED Product or System
Specification Section Page(s) Paragraph �
Drawing No. Detail or Section No.
1.02 Name and Description of proposed substitute:
Name of Manufacturer:
Address:
Telephone:
- 1.03 Name of Supplier:
Address:
Telephone:
1.04 What effect does substitution have on applicable code requirements?
1.05 Difference between proposed substitution and specified item?
1.06 List differences between guarantees or warranties of proposed and specified items:
1.07 Reason for not giving priority to specified item:
01630 - 2
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1.08 If substitution affects other material or systems, attach complete information.
1.09 Dimensional revision or redesign of structural, mechanical, or electrical systems required? Yes (_
� No ( 1. If yes attach complete data.
1.10 Saving or credit to Owner for accepting substitute.
1.11 Will the undersigned will pay for changes to the building design, including engineering and
detailing costs used by the request for substitution. Yes ( ) No (_) '
1.12 On a separate sheet:
List similar local projects using the proposed substitution. Include name and phone number for
contact person. List availability if maintenance service and replacement materials on an
attachment. State effect of substitution on construction schedule, and changes required in other
work or project. -
1.13 Any license fees or royalties required: Yes () No ()
THE UNDERSIGNED STATES THAT THE FUNCTION, APPEARANCE AND QUALITY ARE
EQUIVALENT OF SUPERIOR TO THE SPECIFIED ITEMS.
Submitted by:
Contractor's Signature Telephone
Firm Date
ACTION BY OWNER
Accepted [] Accepted as Noted [] Not accepted [] Received Late (]
Remarks:
By
Owner's Representative
01630 - 3
Date
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� FINAL CLEArTING
McLELAND TENNIS CEN'I'ER
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� A. Final cleaning of project and related site work.
� 1.3 DESCRIPTION
A. Execute cleaning prior to inspection for Substantial Completion of Work.
� PART 2 PRODUC'TS
2.1 CLEA1vING MATERIALS
� A. Use material which will not create hazards to health or ro erty, and which will not dama e surfaces.
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� B. Use only materials and methods recommended by manufacturer of material being cleaned.
PART 3 EXECUTION
� 3.1 CLEANING �
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SECTION 01710
FINAL CLEANING
1.1 RELATED DOCUMENTS
A. Provisions established within the General and Supplementary General Conditions of the Contract,
Division 1- General Requirements and the Drawings are collectively applicable to this Section.
1.2 SECTION INCLUDES
A. In addition to removal of debris and cleaning specified in other Sections, clean exterior exposed-to-
view surfaces.
B. Remove temporary protection and labels not required to remain.
C. Maintain cleaning until Final Completion.
D. Remove waste, foreign matter, and debris from area ways, and drainage systems.
E. Remove waste, debris, and surplus materials from site. Clean grounds; remove stains, spills, and
foreign substances from paved areas and sweep clean. Rake clean other exterior surfaces.
END OF SECTION
01710 - 1
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aDEMOLITION 02050 - 1
McLELAND TENNIS CENTER
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PART1 GENERAL
1.1 SUlVIlV1ARY
SECTION 02050
DEMOLITION
A. Provide sitework as shown on the drawings and specified herein.
B. Provide all materials, equipment and labor required to complete the work as drawn and specified.
C. Related work includes grading and compaction as required.
1.2 QUALITY STANDARDS
A. Provide experienced, well-trained workers competent to complete the work as specifed.
B. Unless approved by the Architect, provide all related products and accessories from one manufacturer.
C. Use materials from manufacturers and suppliers specified or approved by the Architect.
D. All work shall comply with governing building and safety codes.
1.3 MATERIALS HANDLING
A. Provide all materials required to complete the work as shown on the Drawings and specified herein.
B. Deliver, store and transport materials to avoid damage to the materials or to any other work.
1.4 PRECONSTRUCTION AND PREPARATION
U A. Examine and verify that job conditions are satisfactory for speedy and acceptable work.
(�j B. Notify Architect when work is scheduled to be started and completed.
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C. Use agreed schedule for installation and for field observation by Architect.
� PART 2 PRODUCTS
(� 2.1 PROTECTIVE BARRIERS AND COVERS
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A. Provide demolition materials, barriers, protective covers, etc. to complete the work as specified.
� PART 3 EXECUTION
D3.1 SITEWORK PREPARATION
A. Obtain all required permits and approvals and obey all restrictions, deadlines and notification
� requirements of governing agencies.
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DEMOLITION 02050 - 2 �
McLELAND TENNIS CENTER
B. Identify and clearly mark underground utility lines, pipe, cable and conduits. �
3.2 SITEWORK - DEMOLITION �
A. Demolish and remove all work indicated on Drawmgs.
B. Follow all permit requirements and governing regulations �
C. Completely control and remove all demolition debris, scraps and dust.
3.3 CONSTRUCTION PROTECTION �
A. Provide sturdy barriers and covers as necessary for safety and to protect remaining work and existing �
facilities.
B. Provide security lighting, fencing and warning signs as required. �
3.4 PLANT PROTECTION
A. As directed by the Owner, label existing shrubs and trees to remain, be relocated or to be removed. �
B. Erect barricades and fences as required to protect planting and related property. �
C. Provide protection and maintenance for existing and new plants.
END OF SECTION
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� RAMPS AND SIDEWALKS
McLELAND TEI�INIS CENTER
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1.1 SECTION INCLUDES
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A. Work included in this Section, while not all inclusive but listed as a guide, shall include:
02522 - 1
1. Furnishing of all labor, tools, materials, equipment and incidentals required to complete the work.
2. Concrete ramps and sidewalks. '
3. Expansion joint fillers.
4. Sawed joints.
5. Sealing of joints.
1.2 RELATED ITEMS SPECIFIED ELSEWHERE
A. Coordinate the work for this Section with the Work of other Sections as required to properly execute
the Work and as necessary to maintain satisfactory progress of the work of other Sections.
1.3 QUALITY ASSURANCE
A. Source Quality Control: Testing and Inspection as specified in Section 01410.
B. General: Concrete sidewalks shall have a minimum� thickness of four (4) inches; except that sidewalks
constructed in driveway approach sections shall have a minimum thickness equal to that of driveway
approach or as called by plans and specifications within the limits of the driveway approach.
C. Concrete Mix Design Criteria:
1. Contractor shall provide and pay for design of concrete mixes. Design of concrete mixes shall be
� performed by a testing laboratory selected by Contractor and approved by Architect. Design
methods shall be in accordance with ACI 211.
2. For each concrete mix design, make three trial mixes using proposed aggregate, in accordance
with ACI 211.
3. Check mix designs and revise if necessary wherever changes are make in aggregates or in surface
water content of aggregate or workability of concrete.
1.4 REFERENCES STANDARDS:
A. American Concrete Institute (ACI)
1. ACI 305-77 - Recommended Practice for Hot Weather Concreting.
2. ACI 306-72 - Recommended Practice for Cold Weather Coficreting.
B. American Society for Testing and Materials (ASTM) (latest edition)
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SECTION 02522
RAMPS AND SIDEWALKS
RAMPS AND SIDEWALKS 02522 - 2 �
McLELAND TEI�TNIS CENTER
C. Texas Department of Transportation Standard Specifications for Construction of Highways, Streets, �
and Bridges, 1993, TxDOT.
D. North Central Texas Council of Governments Standard Specifications for Public Works Construction,
1991, Edition, NCTCOG.
1.5 JOB CONDITIONS:
A. Environmental Conditions: Do not place concrete during rain, sleet or snow unless protection is
provided.
B. Allowable Concrete Temperature:
1. Cold Weather: Maximum and Minimum, ASTM C94, conform to ACI 306.
2. Hot Weather: Conform to ACI 305.
PART2 PRODUCTS
2.1 MATERIALS:
A. Portland Cement: ASTM C150, Type 1.
B. Aggregates: ASTM C33.
1. Fine aggregate: Washed sand.
2. Coarse aggregate: Natural gravel or crushed stone, graded to requirements of Table 2, Size 467.
C. Admixtures:
1. Air entraining age�ts: ASTM C260.
2. Cement dispersing agents: ASTM C494.
D. Water: Clean and potable.
E. Reinforcing Steel:
1. Bar mats: ASTM A184, Grade 60.
2. Deformed billet steel: ASTM A615, Grade 60.
F. Welded wire fabric: ASTM A185.
G. Dowels and Sleeves: Plain round bar dowels, sized as detailed, conforming to reinforcing steel
requirements, coated with bituminous paint on one-half of length. Provide sleeves as detailed, closed
at one end, and allowing one inch movement at closed end.
H. Supports: Provide chair spacers and other required supports in accordance with requirements of ACI
315.
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� RAMPS AND SIDEWALKS 02522 - 3
McLELAND TEI�TNIS CENTER
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I. All expansion joints shall be'/z inch (12.5 mm) in thickness.
J. Wood Form: Good grade lumber, sound and free of warp, minimum 2 inch nominal thickness, except
where extremely short radius of curves require thinner forms.
K. Curing compound: Liquid membrane, ASTM C309, Type 2 white pigmented.
L. Curing sheets: ASTM C171.
2.2 CONCRETE MIX:
A. Concrete Quality: In accordance with approved mix design and following requirements:
1. Slump: 5" maximum for flatwork.
2. Compressive strength: Not less than 3,000 psi at 28 days.
3. Entrained air: Concrete mix shall contain 5% entrained air plus or minus 1%.
4. Admixture: Introduce in quantities and according to methods recommended by admixture
manufacturer.
PART 3 EXECUTION
3.1 INSPECTION:
A. Verify that earthwork is completed to correct line and grade.
B. Check that subgrade is smooth, compacted and free of frost or excessive moisture.
C. Do not commence work until conditions are satisfactory.
3.2 MAINTAINING SUBGRADE PRIOR TO PLACING CONCRETE:
A. Provide complete drainage of subgrade during entire construction period. On elevated grades, direct
surface water to gutters, paved ditches or drains by proper grading of subgrade.
B. Maintain subgrade in a smooth, compacted condition at required section and grade until concrete
pavement is ready to be placed. Keep subgrade thoroughly wetted down sufficiently in advance of
placing concrete to insure a firm moist subgrade condition for a least 2 inches below prepared surface.
� C. Prepare only a sufficient amount of subgrade in advance of placing of concrete to enable work to �
proceed smoothly and effectively. Avoid placing of equipment or hauling equipment over completed
subgrade until placement of concrete has been completed.
� D. The use of sand cushion for subgrade leveling purposes is prohibited.
� 3.3 INSTALLATION:
A. Forms:
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RAMPS AND SIDEWALKS
McLELAND TENNIS CENTER
02522 - 4 �
1. Set forms accurately to required grades and alignment.
2. Adequately brace to withstand loads applied during concrete placement.
3. Install flexible or curved forms of wood or metal for curves with radius of 300 feet or less.
4. Leave forms in place for a minimum of 12 hours after completion of the finishing operation.
B. Joint Fillers:
1. Securely fasten filler in place and in contact with subgrade for its entire length. Provide holes for
dowel bars not more than 1/8" larger than bar diameter.
2. Where joint sealant or sealing compound is scheduled, provide removable tacked-on strips to
provide a recess for sealant or compound.
C. Reinforcement:
1. Install reinforcing steel in middle of the pavement thickness.
2. Steel shall be free of rust or mill scale, dirt or oil.
D. Placing and Finishing:
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Placing: Deposit concrete so that specified thickness will be obtained after vibrating and finishing
operations. Minimize handling to prevent segregation. Consolidate concrete by suitable means to
prevent formation of voids or honeycombs. Exercise care to prevent disturbance of forms.
Finishing: After consolidation and screening, float concrete level to within specified tolerances.
Use a straight edge to level and test surface in longitudinal.direction to required grade. They shall
be troweled and then brushed transversely to obtain a smooth uniform brush finish. Joint and sides
shall be edged with suitable tools. Finish edges to provide a smooth dense surface with'/z" radius.
3.4 JOINTS
A. Intentional stoppage of concrete placing shall be at planned location of either an expansion joint or
constnzction joint.
B. When stoppage occurs at an expansion joint, install joint assembly as shown on drawings for an
expansion joint, with a bulkhead of sufficient section drilled to accommodate required dowels.
C. When stoppage occurs at a construction joint, install joint assembly as detailed on drawings for a
construction joint.
1. Provide a bulkhead of sufficient section to prevent deflection, or loss of shape of concrete section.
Drill bulkhead to permit continuation of longitudinal reinforcing steel through construction joint.
2. Immediately upon unintended stoppage of concrete placing, place available concrete to a line and
install bullchead perpendicular to surface of pavement and at a required elevation. Place and finish
concrete to the bulkhead. Remove and dispose of concrete remaining on subgrade ahead of
bulkhead.
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RAMPS AND SIDEWALKS 02522 - 5
McLELAND TENNIS CENTER
3. When placing of concrete is resumed before concrete has set to extent that concrete will stand on
removal of bulkhead, new concrete shall be rodded with the first: otherwise, carefully preserve
j oint face.
4. An edge created by a construction joint of this type shall have a joint steel seal space as detailed on
drawings.
D. Provide tooled dummy joints spaced as indicated on the drawings, or if not indicated space at intervals
not to exceed the width of the sidewalk.
1. Tool joints a$er completion of finishing operations as soon as concrete has hardened to extent
necessary to prevent raveling of joint or damaged to adjacent concrete surfaces.
2. Joints shall be continuous across the slab.
E. Expansion joints or isolation joints shall be used to isolate fixed objects abutting or within the paved
area. They shall contain pre-molded joint filler for the full depth of the slab and shall be sealed prior to
opening to traffic. Expansion joints for sidewalks shall be formed, using expansion joint material of an
approved type and shaped to the section. Expansion joints shall be placed in the sidewalk at 40 foot
(12M) intervals, or as otherwise specified by the Owner.
3.5 CURING
A. Apply membrane curing compound at a uniform rate of approximately 200 sq. ft. per gallon, or as
recommended by manufacturer, as soon as finishing operation has been completed and concrete has
lost its water sheen.
B. At contractor's option, curing sheets may be used, held in place with moist sand.
C. Curing procedure shall protect concrete, including concrete edges and curbs, against loss of moisture
an xapid temperature change for a period of not less than 4 days fro beginning of curing operation,
without damage or making of finished concrete surface.
D. Do not allow pedestrians on concrete for minirrium period of 4 days after placing.
3.6 COLD WEATHER PROTECTION
A. When concrete is placed in cold weather and the temperature may be expected to drop below 35 F,
provide cold weather protection in accordance with ACI 306.
B. When ambient temperature is expected to fall below 32 F during day or night, cover concrete with
protective material to a sufficient depth to prevent freezing of concrete.
C. Protect concrete from freezing temperatures for a minimum of 5 days after placing.
D. Remove and replace concrete damaged by frost action.
3.7 SEALING JOINTS:
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('7 D E S I G N G R O U P, I N C.
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RAMPS AND SIDEWALKS 02522 - 6 �
McLELAND TENrIIS CENTER
A. Cleaning joints: Prior to applying joint sealing compound, clean joints with compressed air to obtain a�
clean and dry surface on face of joints so that sealing material will adhere.
B. Installation: �
1. Melt joint sealing compound to proper consistency for pouring using continuous agitator type �
kettle with calibrated thermometer. Do not heat above 450 F.
2. Continuously apply joint sealing compound full depth of joint recesses and flush with concrete
surface, in accordance with manufacturer's directions. Do not apply when ambient temperature is �
� below 35° F.
END OF SECTION �
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D E S I G N G R O U P. 1 N C.
� TENNIS COURT RESURFACING
McLELAND TENI�TIS CENTER
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� PART1 GENERAL
� 1.1 WORK INCLUDED
A. As indicated in drawings, furnish all labor, equipment and materials to remove old surface material to
� concrete base, repair cracks and/or spalled or potentially spalled areas on existing courts. '
B. As indicated in drawings, furnish all labor, equipment and materials to prepare and resurface existing
� � tennis courts. ,
1.2 QUALIFICATIONS OF APPLICATOR
� A. Applicator shall have a minimum of three (3) years experience as�an Authorized Applicator of tennis
court surfacing materials. Bid form shall be accompanied with proof of authorization from
� manufacturer; list of local installations indicating location, name of individual to contact, phone
number, date of installation; product specification of product to be used.
� PART 2 PRODUCTS
2.1 MATERIALS .
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A. Concrete Primer: California Products Ti-coat (water based epoxy primer)
B. Crack Filler: Plexipave Crack Filler or equal, to be installed as per manufacturer's specifications.
C. Patch Court Binder: Plexipave Court Patch Binder high strength acrylic latex bonding liquid or equal.
D. Acrylic Resurfacer: California Products Acrylic Resurfacer (100% acrylic latex binder) or suitable
substitute.
E. Finish Coat: Fortified Plexipave Acrylic Filler (pigmented 100% acrylic latex emulsion), heavily filled
with inert materials of controlled gradation. Apply as per manufacturer's specifications. Colors: Play
area to be dark green and outside area to be red.
F. Striping Paint: Plexicolored textured line paint - white.
PART 3 EXECUTION
3.1 PREPARATION
A. Remove all dirt from old surface or concrete base with water and mild detergent.
B. Remove all existing material to concrete base as indicated on drawings for courts to be stripped.
R P G A
� D E S 1 G N G R O U P, 1 N C.
SECTION 02732
TENNIS COURT RESURFACING
02732 - 1
TENTIIS COURT RESURFACING � 02732 - 2 �
McLELAND TEI�INIS CENTER
C. Remove any Plexipave type material that shows any evidence of blistering or peeling on courts to be �
resurfaced.
D. Patch spalled concrete with court patch binder mix.
3.2 Surface shall be free of dirt, dust and foreign materials before applying any coatings.
3.3
Surface shall be flooded and marked for depressions that pond water deeper than one-eighth inch (1/8")
A. Any depression or run containing stains from standing or moving water shall be washed with bleach or
. commercial algaecide. All depressions needing to be corrected shall be filled with Court Patch Binder
according to specifications using the following mix:
1. 100 Lbs. 60-80 mesh silica sand (dry)
2. 3 gals. Plexipave Court Patch Binder
3. 1 to 2 gals. Portland Cement (depending on humidity and temperature) °
(a) Tack coat is necessary under patches only and shall be as follows: 1 part Plexipave court
Patch Binder to 2 parts water, allow to dry completely prior to patching.
3.4
Apply primer to all concrete surfaces in strict accordance with manufacturer's application specifications.
3.5 All ridges, irregularities and cracks shall be repaired.
A. Cracks shall be cleaned free from dirt and vegetation prior to filling.
B. Cracks one-forth inch (1/4") or less shall be filled with Plexipave Crack Filler as outlined in the
specifications. Cracks greater than one-fourth inch (1/4") should be flled with Plexipave Court Patch jj
Binder mixed according to specifications. - ].,�
3.6 Acrylic Filler Coat: Depending on the existing texture of the surface, the use of a filler coat may or may �
not be necessary. If crack filing and patching is required, a coat of Plexipave Acrylic Resurfacer is
necessary to provide the uniform underlay for the Plexipave Color System.
3.7 Fortified Plexipave Texture Coat shall be applied by a rubber blade squeegee on the clean, dry surface in '!.I
three (3) applications. To obtain proper application consistency, the Fortified.Plexipave shall be mixed as
follows: �j
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A. 30 gals. Plexipave Color Base
B. 20 gals. Plexichrome
C. 20 gals. Water
1. Finished surface shall have a uniform appearance and be free from ridges and tool marks.
3.8 Allow complete application to cure a minimum of twenty-four (24) hours under good drying conditions at
temperatures above 50 degrees Fahrenheit, prior to striping.
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D E S I G N G R O U P, I N C.
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McLELAND TETi1�1IS CENTER
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02732 - 3
3.9 Playing Lines: Textured playing lines shall be accurately located, marked and painted with Plexicolor
Textured Line Paint as specified by the U. S. Tennis Association.
3.10 Striping: Shall dry a minimum of twenty-four hours under good drying conditions at temperatures above
50 degrees Fahrenheit. '
3.11 Finish surface abutting adjacent courts or other surfaces shall be of straight and even delineation.
3.12 Weather Limitations: No part of the construction involving the Plexipave System may be conducted
during rain or when rain is imminent. The air and surface temperatures must be at least 50 degrees
Fahrenheit and rising. Do not apply when surface temperate is above 140 degrees Fahrenheit.
3.13 Clean-up: The contractor shall clean up project area to the satisfaction of the Owner within twenty-four
(24) hours after completion of installation.
END OF SECTION
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MISCELLANEOUS METAL FABRICATIONS
McLELAND TEI�iNIS CENTER
SECTION 05500
MISCELLANEOUS METAL FABRICATIONS
GENERAL
PART 1
1.1 WORK
A. Provide metal work as shown on the Drawings and specified herein.
05500 - 1
B. Provide everything required to complete the work as shown on the Drawings and specified herein,
included but not limited to the following:
1. Ramp and Stair Rails
2. Court Bench Shelter
3. Miscellaneous Metal
1.2 QUALITY ASSUR.ANCE
A. Comply with American Welding Society (AWS) "Structural Welding Code," D1.1 and AWS D1.3.
B. Comply with American Institute of Steel Construction, (AISC) "Specification for the Design,
Fabrication and Erection of Stxuctural Steel for Building," 1978.
C. Comply with the American Institute of Steel Construction, AISC, "Code of Standard Practice," 1976.
D. Comply with the American Institute of Steel Construction, AISC, "Specification for Structural Joint
using ASTM A 325, ASTM A 490 Bolts," 1978.
1.3 SEQUENCING .
A. Coordinate and furnish anchorage, setting drawings, diagrams, tempiates,-instructions, and directions
for installation of anchorage, such as concrete inserts, sleeves, anchor bolts and miscellaneous items
having integrate anchors, which are to be embedded in concrete or masonry construction. Coordinate
delivery to project site.
PART 2 PRODUCTS
2.1 MATERIALS
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A. Steel Plates, Shapes, and Bars: ASTM A 36.
B. Steel Pipe: ASTM A 53, Type E or S, Grade B, galvanized standard weight.
C. Metal Fasteners:
1. Provide galvanized fasteners where built into exterior walls.
2. Select fasteners for type, grade, and class required.
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n D E S I G N G R O U P, 1 N C.
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MISCELLANEOUS METAL FABRICATIONS
McLELAND TENNIS CENTER
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Bolts and Nuts: Regular hexagon head type, ASTM A 307, Grade A.
Lag Bolts: Square head type, FS FF-F-561.
Machine Screws: Cadmium plated steel, FS FF-S-92.
Wood Screws: Flat head carbon steel, FS FF-S-111. _
Plain Washers: Round, carbon steel, FS FF-W-92.
Lock Washers: Helical spring type carbon steel, FS FF-S-325.
Toggle Bolts: Tumble-wing, FS FF-B-588, type, class and style as required.
Expansion Bolts: Wedge type, as manufactured by Hilti or Wej-it.
Provide metal sleeves to accept removable handrails.
D. Paint: As specified in Division 09900 PAINTING.
2.2 FABRICATION:
05500 - 2 �
A. Use materials of size and thickness indicated or as required to produce strength and durability in
finished product for use intended. Work to dimensions indicated using proven details of fabrication
and support. Use type of materials indicated or specified for various components of work.
B. Pre-assemble items in shop to greatest extent possible to minimize field splicing and assembly.
Disassemble units only as necessary for shipping and handling limitations. Clearly mark units for
reassemble and coordinated installation. �
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C. Form exposed work true to line and level with accurate angles and surfaces and straight sharp edges.
Ease exposed edges to radius of approximately 1/32-inch. Form bent-metal corners to smallest radius �
possible without causing grain separation or otherwise impairing work.
D. Weld corners and seams continuously. At exposed connections grind exposed welds smooth and flush
to match and blend with adj oining surfaces.
E. Form exposed connections with hairline joints, flush and smooth, using concealed fasteners wherever
possible. Use exposed fasteners or Phillips flathead countersunk type screws or bolts.
F. Provide for anchorage of type indicated, coordinated with supporting structure. Fabricate and space
anchoring devices to provide adequate support for intended use.
G. Cut, reinforce, drill, and tap miscellaneous metal work as indicated to receive finish hardware and
similar items.
H. Galvanizing: Provide zinc coating for items indicated or specified to be galvanized. Provide hot dip,
zinc rich coating on welds and cuts.
I. Fabricate joints which will be exposed to weather to exclude water or provide weep holes where water
may accumulate.
2.3 FINISHING
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� MISCELLANEOUS METAL FABRICATIONS
McLELAND TEIVr1IS CENTER
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A. Surface Preparation: Prepare ferrous metal surfaces to comply with minimum requirements indicated
below for SSPC surface preparation specifications and environmental exposure conditions of installed
metal fabrications. ,
1. Exterior:SSPC-SP6 "Commercial Blast Cleaning."
B. Shop Painting: Apply shop primer to surfaces of inetal fabrications except those which are galvanized
or specified to be embedded in concrete or masonry. Minimum dry film thickness to be 2-mil.
2.4 FABRICATION COMPONENTS
A. Rough Hardware:
1. Furnish bent or otherwise custom fabricated bolts, plates, anchors, hangers, dowels and other
miscellaneous steel and iron shapes required for framing and supporting woodwork, and for
anchoring or securing woodwork to concrete or other structures. �
2. Fabricate items to sizes, shapes, and dimensions required.
3. Furnish malleable iron washers for heads and nuts which bear on wood structural connections;
elsewhere, furnished steel washers.
B. Loose Bearing and Leveling Plates:
1. Provide loose bearing and leveling plates for steel items bearing on masonry or concrete
construction, made flat, free from warps or twists, and of required thickness and bearing area.
2. Drill plates to receive anchor bolts and for grouting as required.
3. Prime paint after fabrication.
C. Miscellaneous Framing and Supports:
l. Provide miscellaneous steel framing and supports which are not part of structural steel framework,
required to complete work.
2. Fabricate miscellaneous units to sizes, shapes and profiles indicated or of required dimensions to
receive work of related sections.
3. Fabricate from structural steel shapes, plates, and steel bars, of welded construction using mitered
joints for field connection.
4. Cut, drill, and tap units to receive hardware and similar items.
5. Equip unit with integrally welded anchors for casting into concrete or building into masonry.
6. Furnish inserts if units must be installed after concrete is placed. �
7. Galvanized exterior miscellaneous frames and supports.
� PART 3 EXECUTION
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3.1 EXAMINATION
A. Examine areas and conditions under which work will be performed.
R P G A
D E S I G N G R O U P, I N C.
MISCELLANEOUS METAL FABRICATIONS
McLELAND TEI�TNIS CENTER
3.2 PREPARATION
A. Field Measurements:
1. Take field measurements pnor to preparation of shop drawings and fabncation.
3.3 INSTALLATION
A. Fastening to In-Place Construction: Provide anchorage devices and fasteners where necessary for
securing miscellaneous fabrications to in-place construction; including threaded fasteners for concrete
and masonry inserts, toggle bolts, through-bolts, lag bolts, wood screws, and other connectors as
required.
B. Cutting, Fitting, and Placement:
1. Perform cutting, drilling and fitting required for installation of miscellaneous metal fabrications
2. Set work accurately in location, alignment and elevation, plumb, level, true and free of rack,
measured from established lines and levels.
3. Provide temporary bracing or anchors in formwork for items which are to be built into concrete
masonry or similar construction.
4. Fit exposed connections accurately together to form tight, lightproof joints.
C. Field Welding:
1. Weld connections which are not to be left as exposed joints, but cannot be shop welded because of
shipping size limitations.
2. Grind exposed joints smooth and touch-up shop paint coat.
3. Do not weld, cut, or abrade surfaces of exterior units which have been hot-dip galvanized after
fabrication, and axe intended for bolted or screwed field connections.
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D. Setting Loose Plates:
1. Clean concrete and masoriry bearing surfaces of any bond-reducing materials, and roughen to
improve bond to surfaces.
2. Clean bottom surface of bearing plates.
3. Set loose leveling and bearing plates on wedges, or other adjustable devices.
4. After bearing members have been positioned and plumbed, tighten anchor bolts.
5. Do not remove wedges or shims, but if protruding, cut of flush with edge of bearing plate before
packing with grout.
6. Use nonmetallic, nonshrink grout.
7. Pack grout solidly between bearing surfaces and plates to ensure that no voids remain.
3.4 FIELD PAINTING
A. General
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05500 - 4 �
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McLELAND TEI�INIS CENTER
� 1. Clean spots and surfaces where primer coats have been removed, damaged, or burn off, and clean
field bolts and other field connections not concealed in finished work.
� 2. Remove dirt, oil, and grease.
3. Apply a coat of specified paint.
4. Do not apply paint to wet, damp, oily, or improperly prepared surfaces.
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B. Notify Architect when the work of this section is ready to receive field painting.
1. Using spray or brush, as recommended by manufacturer of specified paint material, fill all joints
and corners and cover the surfaces with a smooth unbroken wet film sufficient to provide a dry
film thickness of 2-mil. •
END OF SECTION
R P G A
� D E S I G N G R O U P, I N C.
� CAULKING AND SEALANTS 07920 - 1
� McLELAND TEI�TNIS CENTER
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PART I - GENERAL
1.1 DEFII�TITIONS:
SECTION 07920
CAULHING AND SEALANTS
A. The term "sealant" or "sealing" shall refer to exterior joints exposed to weather or interior joints
exposed to moisture. When "sealant" is used in an outside joint in aluminum or steel frames, "sealant"
shall be required on the inside joint also.
B. The term "caulk" or'caulking' (calking) shall refer to interior joints not normally exposed to weather or
moisture conditions.
� PART 2-PRODUCTS
" 2.1 SEALANTS: As manufactured by Pecora or approved equal.
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A. Concrete-to-Concrete (Horizontal Joint): NR-201 UREXPAN (One-part, self-leveling, moisture-curing
polyurethane traffic grade sealant) with primer.
B. Masonry-to-Masonry or Concrete-to-Concrete (Vertical): Dynatrol II (Two-part, not-sag, polyurethane
rubber sealant).
2.2 PRIMERS: Type as manufactured by manufacturer of sealing or caulking material and completely
compatible with compound. �
2.3 JOINT BACKING: Rods or tape in sizes and types as recommended by manufacturer of sealing or
caulking material, and completely compatible with compound.
PART 3 - EXECUTION
n 3.1 GENERAL:
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A. Work sha11 be performed by experienced mechazucs skilled in execution of type of work required and
in application of specified materials.
B. Deliver materials to job site in original containers with manufacturer's name and brand clearly marked
thereon. �
C. When perimeter joints around frames that are to be caulked do not have built-in stops or other means to
prevent depth of compound from exceeding 1/2 inch, pack joint with back-up materials of correct type
and to the depth as necessary to provide minimum 3/8" and maxi'nium 1/2" depth of compound.
� D. Materials and methods shall be as specified herein, unless they are contrary to approved manufacturer's
directions or to approved trade practice; or unless Contractor believes they will not produce a
watertight job which he will guarantee as required. Where any part of these conditions occur,
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� D E S I G N G R O U P, I N C.
CAULKING AND SEALANTS
McLELAND TENNIS CENTER
07920 - 2 �
Contractor shall notify Architect in writing. Deviation from procedure specified will be permitted only �
upon Architect's approval and providing that work is guaranteed by Contractor as specified. �
E. If, prior to beginning work, Contractor does not notify Architect in writing of any proposed changes, it �
will be assumed that he agrees that materials and methods specified will produce results desired, and
that he will furnish required guarantee.
3.2 PRE �
PARATORY WORK:
A. Where weather molds, staff beads, etc., do not form integral part of frames to be caulked, but are �,
removable, remove same prior to caulking, execute caulking, replace molds, etc., and point.
B. Clean all joints, etc., that are to be caulked or sealed, prior to executing work.
3.3 PRIMING: When conditions of joints so require, or when types of materials used adjacent to joints so
require, or when compound manufacturer's recommendations so require, clean and prime j oints before
starting caulking. Execute priming operations in strict accordance with manufacturer's directions.
3.4 JOINT BACKING: Joint backing shall be installed in all joints to receive sealants. Backing shall be sized
to require 20% to 50% compression upon insertion, and shall be placed so that sealant depth is
approximately 1/2 joint width. In joints not of sufficient depth to allow backing, install bond breaking
tape at back of joint.
3.5 APPLICATION: Apply sealant and caulking material under pressure to fill joint completely, allowing no
air pockets or voids. Tool the joint surface to compress the compound into the joint. �
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3.6 THRESHOLDS: Place all exterior door thresholds in a fill bed of sealant during setting procedures. �
3.7 CLEA�G: Clean adjacent surfaces free of caulking and sealant and clean all work of other trades that
has in any way been soiled by these operations. Finished work shall be left in a neat and clean condition. �
END OF SECTION
R P G A
D E S i G N G R O U P, I N C.
� PAINTING
McLELAND TEI�INIS CENTER
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GENERAL
SECTION 09900
PAINTING
A. Provide painting and finish work as shown on the Drawings and specified herein.
B. Items included, but not limited to are exterior metal work, concrete surfaces, etc.
1.2 MATERIALS HANDLING
A. Provide all materials required to complete the work as shown on Drawings and specified herein.
B. Deliver, store, and transport materials to avoid damage to the product or to any other work. Return any
products or materials delivered in a damaged or unsatisfactory condition. Materials and products
delivered will be certified by the manufacturer to be as specified. �
C. Store materials in a safe, secure location, protected from dirt, moisture, contaminants, and weather.
1.3 PRECONSTRUCTION AND PREPARATION
A. Examine and verify that job conditions are satisfactory for speedy and acceptable work. Confirm there
is no conflict between this work and governing building and safety codes. Confirm there are no
conflicts between this work and work of other trades. Confirm that work of other trades that must
precede this work has been completed. Meet all requirements to secure any applicable warranty.
1.4 :TOB CONDITIONS
A. Strictly follow paint manufacturer's requirements as to temperature, humidity, and condition of work
surfaces. -- _
� PART 2 PRODUCTS
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2.1 PAINT AND RELATED MATERIALS
A. Provide all materials and tools required for the work.
B. All painting products will be manufacturers best grade. Manufacturer to be by Sherwin Williams or
Benjamin Moore.
C. Paints shall be as specified.
1. Exterior Metals: (First coat not required on shop-primed items)
(a) 1 st Coat - Alkyd Red Primer
(b) 2nd coat - Tile Clad Epoxy B62 Series as manufactured by Sherwin Williams
(c) 3rd coat - Tile Clad Epoxy B62 Series as manufactured by Sherwin Williams
09900 - i
�R P G A
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PAINTING
McLELAND TENNIS CENTER
(d) Color: to match existing
(e) Gloss: to match existing
2. Exterior Galvanized Metals:
(a) 1 st Coat - Acrylic Galvanized Iron Primer
(b) 2nd coat - Tile Clad Epoxy B62 Series as manufactured by Sherwin Williams
(c) 3rd coat - Tile Clad Epoxy B62 Series as manufactured by Sherwin Williams
(d) Color: as selected by Architect
(e) Gloss: as selected by Architect
3. Masonry (Concrete):
(a) lst Coat - I.M.C. Waterborne Epoxy Block Filler
(b) 2nd coat - I.M.C. Polyamide Epoxy Semi-Gloss Coating
(c) 3rd coat - I.M.C. Polyamide Epoxy Semi-Gloss Coating
(d) Color: as selected by Architect
(e) Gloss: Semi-Gloss
2.2 MATERIALS -- LIMITATIONS ON USE
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A. Undercoat must be from the same manufacturer as the finish coat. Thinners must be as recommended
by the paint manufacturer and used only as recommended. The undercoat, finish coat and thinner are �
integrated parts of a total paint finish.
B. Do not use latex primer on bare wood. Do not use alkyd primer on gypsum board. Apply primer or
sealer to knots and pitch pockets on wood that is to be painted.
2.3 MATERIALS DELIVERY AND STORAGE
A. All paint materials shall be delivered new, in labeled, unopened containers. Material quality shall be
verified as necessary by on site or laboratory tests.
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B. Do not use mixed brands or partial substitutions. Have materials delivered in a timely sequence as
required to expedite the work flow. Store all paint materials with ample ventilation, in fire-protected �
space, secure from damage. Keep paint storage areas clean and clear of spilled material, empty
containers.
2.4 APPLICATION EQUIPMENT
A. Use painting tools and equipment only as recommended by the paint manufacturer. Prior to work,
verify that proposed equipment is compatible with material to be applied.
2.5 WORKING CONDITIONS
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09900 - 2 �
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A. Maintain a proper work environment, dry, clean, well ventilated, free of airborne construction dust,
well lighted, in temperature and humidity ranges required by paint manufacturer. Keep humidity low
enough to prevent moisture condensation on work surfaces. Never apply paint to damp or wet
surfaces.
2.6 MATERIALS PREPARATION
A. Handle and mix paint materials strictly according to manufacturer's instructions. Store paint materials
in tightly covered containers when not in use. Maintain paint storage and mix containers clean and
free from dirt or paint residue.
2.7 SURFACE PREPARATION
A. Test areas with paint, and match dried paint to approved color and texture samples. Keep color
samples on hand, and use them continuously for comparisons.
B. Prepare and clean working surfaces as per paint manufacturer's instructions. Remove or protect items
attached to work surfaces which are not to be painted. A$er painting in each area, reinstall removed
items using workers competent in the related trades. Remove oil and grease with clean cloths.
Cleaning must not contaminate adjacent freshly-painted surfaces. Cleaning solvent must meet safety
standards of g '�g and safety codes.
C. Clean wood of dirt, oil, and any other material that may interfere with painting. Sand exposed wood to
j"j smooth uniform surface. Do not paint wood having moisture content of 15% or higher. Measure
�� moisture content of wood with an approved moisture meter.
� D. Clean metal of dirt, oil, and nay other material that might interfere with painting. Clean and etch
galvanized metal with phosphoric acid as required for painting.
(T,� PART 3 EXECUTION
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3.1 PREPARATION AND COORDINATION
A. Handle and store materials as per manufacturer's instructions. Remove or fully protect adjacent or
related work that might be marred by painting.
B. Touch up and repair any damaged shop-applied prime coats. Touch up bare areas prior to start of
finish coat application. Finish coat materials must be compatible with prime coats. Review other .
Sections of these Specifications to determine prime coatings on various materials. Do not allow paint
gaps or overlaps at edges of hardware, fixtures, or trim. '
3.2 APPLICATION
A. Mix and apply materials strictly as per manufacturer's instrucfions. Apply paint to thoroughly cover
undercoat, and do not allow show-through, lap or brush marks or any other defects. Only coats of paint
inspected and approved by the Architect will be counted as completed. Sand defects smooth between
coats. Defects are defined as irregularities visible to the unaided eye at a five foot distance.
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PAINTING
McLELAND TENNIS CENTER
B. Keep approved samples on hand for comparison with work.
C. Allow drying time between coats as instructed by the paint manufacturer. Work and smooth out brush
coats onto surface in an even film. Where spraying, apply each coat to provide the hiding equivalent of
brush coats. Do not double back with spray equipment to build up film thickness of two coats in one
pass. Match applied work with approved samples as to texture, color, and coverage.
3.3 PAINTING AND CLEArTING SPECIAL SURFACES
A. Wash metal to be painted with solvent recommended by paint manufacturer. Add prime coat followed
by two coats of alkyd enamel.
3.4 CLEANING AND EXTRA STOCK
A. Maintain thorough dust and dirt control throughout the painting process. Thoroughly protect all
surfaces that won't be painted with clean, undamaged drop cloths and masking tape. Immediately
clean any spilled materials and do not allow dirt or spilled materials to be tracked in a work area or to
other work areas. Allow absolutely no paint smears or splatters to remain on adjacent surfaces.
B. Upon completion of painting work, deliver to the Owner an extra stock of 10% or more of each color,
type, and gloss of paint used in the work. Tightly seal and clearly label each container with notes on
contents and location used.
3.5 INSPECTION, TOUCH UP AND REPAIRS
A. Tests will be made at random to confirm paint coat thickness and paint work quality. Unacceptable
work includes surface imperfections such as spotting, laps, brush marks, arid runs.
B. Remove, refinish, or repaint work not in compliance with specified requirements. Replace or repair all
non-conforming work as directed by the Architect. Do repairs and touch-ups so they are undetectable.
END OF SECTION
09900 - 4 �
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R P G A
D E S I G N G R O U P, t N C. �
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THE STATE OF TEXAS
COUNTY OF TARRANT
CITY OF FORT WORTH, TEXAS
CONSTRUCTION �CONTRACT
KNOW ALL MEN BY THESE PRESENTS:
� This agreement made and entered into this the 16�' day of November AD, 19 99
, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized
and existing under and by virtue of a special charter adopted by the qualified voters within said City on the
11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of
� the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city, hereinafter called OWNER, and Intrepid Contractors. Inc. of the City of Fort Worth
County of Tarrant State of Texas hereinafter called CONTRACTOR.
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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 Contracto� hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
IMPROVEMENTS
MCLELAND TENNIS CENTER
1600 WEST SEMINARY
FORT WORTH
That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the construction and completion of said project in accordance with
the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth,
which Plans and Specifications and Contract Documents are hereto attached and made a part of this
contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)
days after being notified in writing to do so by the Owner.
� City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for stated additions thereto or deductions therefrom, 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.
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The agreed upon total contract amount shall be $82,310.00 and includes the base bid and Alternate No. 2.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement
thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation
and Public Works Director of the City of Fort Worth and the City Council of the City of Fort Worth within a
period of 60 calendar days.
The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works Department
as certificate holder, showing the required' General Contractors Liability coverage, Auto Liability, Builder's
Risk and Worker's Compensation coverage. If this Contract is in excess of $25,000, the Contractor shall
provide Payment Bond. If the Contractor is in excess of $100,000, the Contractor shall provide both
Payment and Pertormance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort
Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived.
Separate permits will be required for each facility.
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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
his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX (6)
� counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized o�cers in SIX (6) counterparts with its corporate seal attached.
� Done in Fort Worth, Texas, this the 16"'
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Contractor �
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Office
APPROVAL RECOMMENDED:
'�E�S i •06v; i
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day of November , AD, 19 99 .
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Trans�io'ftation and Public Works �
APPROVED AS TO FORM AND LEGALITY:
By:
Assistant � Attorney
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APPROVED�
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By:
Assistant City Manager
RECORDED:
By: � _��n�
�ty Secretary
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Date
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contract Authorization
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� THE STATE OF TEXAS
COUNTY OF TARRANT
PAYMENT BOND
BOND NO. BAID-000008-PP
� KNOW ALL MEN BY THESES PRESENTS: That we, Intreuid Contractors, Inc. a
corporation of Tarrant County, Texas , hereinafter called Principal
and (3) The Mountbatten Suretv Companv, Inc.
a , a corporation organized and existing under the laws of the State and fully authorized
to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort
Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter
a called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform
labor upon, the building or improvements hereinafter referred to in the penal sum of:
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�htv Two Thousand. Three Hundred Ten Do[lars & No Cents
$82,310.00 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
and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a
0 certain contract with the City of Fort Worth, the Owner dated the 16th day of November .
1999, a copy of which is hereto attached and made a part hereof, for the construction of:
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MCLELAND TENNIS CENTER
IMPROVEMENTS
� designated as Project Number C181-080181047090 copy of which contract is hereto
attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein,
such project and construction being hereinafter referred to as the "works".
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NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly
make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas,
supplying labor and materials in the prosecution of the work provided for in said Contract, then this
obligation shall be null and void, otherwise it shall remain in full force and effect.
THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying
labor and material in the prosecution of the work provided for in said Contract, as claimants are defined
in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided
in Article 5160 of the Revised Civil Statutes.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees
that no change extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specification accompanying the same shall in any wise affect its obligations
on tliis bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or the specifications.
PROVIDED FURTHER, that no final settlement beriveen the Owner and the Contractor shall
A:15PAYBOND.FRM
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abridge the right of any beneficiary hereunder whose claim shall be unsatisfied.
IN WITNESSETH WHEREOF, this instrument is executed in 6 counterparts, each one of which
shall be deemed an original, this the 16th day of November .1999.
ATTEST:
(SEAL)
Intrepid Contractors, Inc.
Principal (4)
BY• � �
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(Printed Name/Title
113 South Belmont
ADDRESS
Saginaw, TX 76179
CITY/STATE/ZIP
120D Kas Dr.. Ste. B.RichardSon.TX 75081
(Address)
(Principal) Secretary
ATTEST:
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(Su ) Secretary
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" Witness as to Surety
The Meuntbatten Surety Com�y. Inc.
(Surety)
By: :�_
( ttorney-in-Fact) (5)
Cindv Fowler
� (Printed Attorney-in-Fact)
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Note: Date of Bond must not be prior to date oJ
Conlrac!
(1) Correct name of Contractor
(1) A Corporation, a Partnership or and
lndivrdual, as case may be
(3) Correct Name of Surery
(a) If Contractor is Partnership a!! Partners
shottld execule bond
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THE MOUNTBATTEN SURETY COMPANY, INC.
oPower of Attorney
KNOW ALL MEN BY THESE PRESENTS: That The Mountbatten Surety Company, Inc., a corporation of the Commonweaith of
ennsylvania, has made, constituted and appointed, and by these presents does make, constitute and appoint
�WILLIAM D. BALL7FTIl�i. NIIQ��EL B. HILL. IIAVID W. HD1�AN. �Z B. BAI�SS. CIl�II7Y FCXnTLER,
ZODD A. JAQC9CN AND/OR lir..�s� 3�I�� ALL OF
RIQIAt�6QJ, T�A.S
its true and lawful Attomey-in-Fact, to make, execute and deliver on its behalf insurance policies, surety bonds, undertakings and other insVuments
�f a similar nature as follows:
NOT TO EXCEED SIX MILLION DOLLAR^ tS s,OOO,OOO.00�
Such insurance policies, surety bonds, undertakings and instruments for said purposes, when duly executed by the aforesaid Attorney-in-Fact, shall be
� binding upon the said Corporation as fully and to the same extent as if signed by the duly authorized officers of the Corporation and sealed with its
corporate seal; and all the acts of said Attorney-in-Fact, pursuant to the authority hereby given, are hereby ratified and confirmed.
This appointment is made pursuant to the following By-Laws which were duly adopted by the Board of Directors of the said Corporation on August 28,
, 1992 with all Amendments thereto and are still in full force and effect:
�"Article XIi: Policies, Bonds, Recognitions, Stipulations, Consents of Surety, Underwriting Undertakings, and Instruments Relating Thereto.
Section 12-1. insurance policies, bonds, recognitions, stipulations, consents of surety and underwriting undertakings of the Corporation, and releases,
agreements and other writings relating in any way thereto or to any claim or loss thereunder, shall be signed in the name and on behalf of the
DCorporation: a) by the Chairman of the Board, the President or a Vice President, and by the Secretary or an Assistant Secretary; or b) by an
Attorney-in-Fact for the Corporation appointed and authorized by the Chairman of the Board, the President, or a Vice President to make such signature;
or c) by such other officers or representatives as the Board may from time to time determine.
�The seal of the Corporation shall if appropriate be affixed thereto by any such officer, Attorney-in-Fact or representative. The authority of such
Attorney-in-Fact and Agents shall be as prescribed in the instrument evidencing their appointment. Any such appointment and all authority granted
thereby may be revoked at any time by the Board of Directors or by any person empowered to make such appointment."
IN WITNF�S WHEREOF, The Mountbatten Surety Company, Inc. has caused these presents to be duly signed and its corporate seal to be hereunto
a�xed a�d duly attested this 24th day of June, 1998.
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(S� _ `�—� � Attest: � �
o ' '�J± — Ga . Bragg,�6ecretary
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Commcnwea ih of Pennsylvania
� County of �Aonigomery
THE MOUN BATTEN SURETY COMPANY, INC.
eY: �1 A� , P�as
Kenneth L. Brier, �r�sident
Notarial Seal
Anthony T. Stewart, Notary Public
Lower Merion Twp., Montgomery County
My Commission Expires Aug. 5, 2002
Member, F'ennsylvania Association of Notaries
On this 24th day of June, 1998, before me personally appeared Kenneth L. Brier, President of The Mountbatten Surety Company, Inc. with whom I am
personally acquainted, who, being by me duly sworn, said that he resides in the Commonwealth of Pennsylvania, that he is President of The
Mountbatten Surety Company, Inc., the corporation described in and which executed the foregoing instrument; that he knows the corporate seal of the
said Corporation; tnat the seal affixed to said instrument is such corporate seal; that it was so a�xed by order of the Board of Directors of said
Corporation; and that he signed his name thereto as President of said Corporation by like authorit . ��
(Seal) �iz����� / ���2�P.-,� Notary Public
CERTIFICATE ,
I, the undersigned Secretary of The Mountbatten Surety Company, Inc. do hereby certify that the original Power of Attorney of which the foregoing is a
full, true and correct copy, is in full force and effect on the date of this Certificate and I do further certify that the Officer who executed the said Power of
Attorney was one of the Officers authorized by the Board of Directors to appoint an Attorney-in-Fact as provided in Section 12-1 of the By-Laws of The
Mountbatten Surety Company, Inc. This Certificate may be signed and sealed by facsimile under and by authority of the following provisions of the
By-Laws of The Mountbatten Surery Company, Inc.:
"Section 12-2. The use of a printed facsimile of the corporate seal of the Corporation and of the signature of the Secretary or an Assistant Secretary on
any certification of the correctness of a copy of an instrument executed by an authorized person pursuant to Article XIi, Section 12-1 of the By-Laws
appointing and authorizing an Attorney-in-Fact to sign in the name and on behalf of the Corporation surety bonds, underwriting undertakings, or other
instruments described in said Section 12-1, with like effect as if such seal and such signature had been manually affixed and made."
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In Witness Whereof, I have hereunto set my hand and affixed the corporate seal of the Corporation to these presents
�this l 6th day of November gg 9.
This power of attorney is only valid with # BACD-000008-PP and the original, red stamp affixed hereto.
(seap < l �
ary L. Bragg,�Secretary�
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IMPORTANT NOTICE
TO OBTAIN INFORMATION OR TO MAKE A COMPLAINT
You may contact the Texas Deparhnent of Insurance to obtain information on companies,
coverages, rights or complaints at
1-800-252-3439
You may write the Texas Department of Insurance:
P.O. Bog 149104
Austin, Texas 78714-9104
FAX No. (512) 475-1771
PREMIUM OR CLAIM DISPUTES
Should you have a dispute concerning your premium or about a claim, you should contact
the company first. If the dispute is not resolved, you may contact the Texas Deparhnent
of Insurance.
ATTACH THIS NOTICE TO YOUR POLICY
This notice is for information only and does not become a part or condition of the
attached document.
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CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's �Annotated Civil Statutes, Contractor, Intreuid Contractors. Inc.
certifies that it provides worker's compensation insurance coverage for all of its employees employed on
City of Fort Worth project McLeland Tennis Center - Imnrovements project number, C181-
080181047090. �
B. � �
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� Title
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Date
STATE OF TEXAS
COUNTY OF TARRANT 3
� BEFORE ME the undersi ned authori n
, g ty, o this day personally appeared
� �a�z�s� ��2.� z , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as
� the act and deed of � �-r�-� P � o � ,.�-�A �, � . � ,� � , for
the purposes and considerations therein expressed and in the capacity therein stated.
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GIVEN UNDER MY HAND AND SEAL
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ot.�r•�;�, ELIZA LUJAN
--* *� MY COMMISSION EXPIRES
-+r �` DECEMBER 3, 2002
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OF OFFICE this `-] `� day of
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No Public in and for the State of Texas
(a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy
of workers compensation insurance covering each of its employees on the project in compliance
with state law. No Notice to Proceed will be issued until the Contractor has complied with this
section.
(b) Contractor agrees to require each and every subcontractor who will perform work on the
project to provide to it a certificate from such subcontractor stating that the subcontractQr has a
policy of workers compensation insurance covering each employee employed on the project.
Contractor will not permit any subcontractor to perform work on the project until such certificate
has been acquired. Contractor shall provide a copy of all such certificates to the City.
A:13WORKCOM.FRM
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City of Fort Worth, Texas
�11�Ay�r Artd Caunc�l Cammun�cAt�an
DATE REFERENCE NUMBER LOG NAME PAGE
11/16/99 **C-17755 20LEE 1 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO INTREPID CON��AI: i UrtS, INC. FOR
IMPROVEMENTS TO THE MCLELAND TENNIS CENTER
RECOMMENDATION:
It is recommended that the City Council approve the execution of a construction contract with Intrepid
Contractors, Inc. for improvements to the McLeland Tennis Center, including Alternate #2 in the
amount of $82,310 with a construction duration of 60 calendar days.
DISCUSSION:
The McLeland Tennis Center has suffered from foundation shifting which has disturbed the playing
surfaces and deck areas. Additional renovation was required for the drainage, light supports, fencing
and shade covers for the spectators. This project will correct these deficiencies.
The repair of the center was anticipated by the Parks and Community Services Department and
included in the 1998 bond fund program.
The project was designed by RPGA Architects, and was advertised for bid in the Commercial Recorder
August 26 and September 2, 1999. On September 23, 1999, the following bids were received:
Contractor
Intrenid Contractors. Inc.
American Tennis Court
Contractors, Inc.
JDC Construction, Inc.
R. J. Miller and Assoc., Inc
Ferrier Builders, Inc.
Base Bid
78.867
87,773
93,400
144,900
No Bid
AIt.1 AIt.2 AIt.3 AIt.4
13,082 3,443 35,551 2,025
8,937 7,777 46,259 1,477
12,800 2,000 76,000 1,500
18,900 6,300 28,000 2,420
AIt.5 Days
1,090 60
7,777 60
750 100
5,000 180
The base repairs include the resurfacing of twelve courts, repair of retaining walls, replacement of two
light poles, and replacement of other basic elements of the tennis court area.
The alternates are described as follows:
Add Alternate 1: Install accessible ramp for six courts
Add Alternate 2: Repaint backboard, install new gate, clean drain, create drainage swale
Add Alternate 3: Repave audience gallery area
Add Alternate 4: Replace flagpole, fence poles, repair fence
Add Alternate 5: Repair landscaping
It is recommended that the Base Bid plus Alternate 2 be awarded to the apparent low bidder, Intrepid
Contractors, Inc. in the amount of $82,310.
Intrepid Contractors, Inc. is in compliance with the City's MJWBE Ordinance by committing to 22%
M/V1/BE participation. The City's goal on this project is 11 %.
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City of �ort Worth, T'exas
�I�A�O� A�f�d �,au�c�l �ammun�cAt�an
DATE REFERENC� NUMBER . ( LOG I�IAME ` I PAGE
11/16/99 **C-17755 I 20L�E 2 of 2
suB�ECT .AWARD OF CONSTRUCTION CONTRACT TO INTRE�ID CONTRACTORS, INC. FOR
IMPROVEMENTSTO THE MCLELAND TENNIS�CENTER
The project budget will be�as follows:
Construction Contract $82,310
TPW Inspe�tion and Contract Management (4%) 3,200
PACSD Administration (1.7%) 1,400
Change Orders (5%) 4,116
Total �91,026
The McLeland�Tennis Center is located in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Parks and Community Services Improvements Funds.
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Submitted for City Manager's
Office by:
I FUND I ACCOUNT I CENTER I AMOUNT
� (t�)
Mike Groomer 6140
Originating Department Head:
Hugo Malanga
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7801 � (from)
� C181
Addilional Information Contact:
Hugo Malanga -
7801 I
541200 030181047090 $82,310.00
CITY SECRETARY
AP���v��
C1TY ��U�CII
NAV 16 1998
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CitT S�et�tary o! tho
City o[ Foft�lVorth, 7yzas
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