HomeMy WebLinkAbout025685 - Construction-Related - Contract - American Audio and Visual, Inc.• ��"� � CTEr�RY
�a. ��"� ��
__ ��►��
THE CITY OF FORT WORTH, TEXA.S ��
.
�: cor�ctars �v co.
SYSTEM '� `�'�"�'�
AC�USTICAL ��,��,s�
���� a�.
COWTOWN COLISEUM �'"''y�°°�
or�T or�TH
-4 ��
.► �-
J �� '��'
KENNETH BARR
MAYOR
BOB TERRELL
CITY MANAGER
Hugo Malanga, P.E.
Director, Transportation and Public Works
Kirk Slaughter
Public Events Director
Soward and Associates
OCTUBER, 1999
!���''Lr�i'�`:Vir�:'�� G���':;'�'� U��
1, ' �`p'_ ��4 �'^•QT
' E
� ; l ;:F
��.����;,-��
City of FoYt WoYtli, Texas
MG�yDY G�YIGi CDUYICiI COYf'I.�IUYtICG�ti0Y1
DATE REFERENCE NUMBER LOG NAME PAGE
10/19/99 C-17713 20SPEAKERS 1 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO AMERICA AUDIO AND VISUAL, INC.
FOR THE iNSTALLATION OF AN ACOUSTICAL SYSTEM IN THE COWTOWN
COLISEUM AND AWARD OF A DESIGN AGREEME�VT WITH SOWDEN AND
ASSOCIATES F�R THE DESIGN OF THE REPLACEMENT SYSTEM
RECOMMENDATION:
It is recommended that the City Council:
Authorize the transfer of $70,300 from the Insurance Fund (Property and Casualty) to the portion of
the 1998 Capital Improvements Program designated for renovation of the Cowtown Coliseum; and
2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the
1998 Capital Improvements Program by $70,300; and
3. Authorize the City Manager to execute a construction contract with American Audio and Visual, Inc.
for the installation of an acoustical system in the Cowtown Coliseum in the amount of $76,643, to be
completed in 60 calendar days; and
4. Authorize the City Manager to execute a design contract with the acoustical engineer, Sowden and
Associates, for $6,500, plus up to $250 in expenses, for the design of a replacement acoustical
system for the Cowtown Coliseum.
DISCUSSION:
On June 2, 1999, during renovation of the Cowtown Coliseum, the central speaker ciuster for the
facility's sound system fell to the floor and was damaged beyond repair. Since that time, a temporary
speaker system has been utilized.
The estimated cost to replace the system (components, frame, rigging, and acoustical system) with a
like-kind and quality system is $63,550. With the addition of $6,750 for design services by an
acoustical engineer, the total replacement cost of a like-kind and quality system is $70,300. The City is
using appropriate means to collect this amount in damages from the responsible parties.
Following their study of the system, the acoustical engineering firm (Sowden and Associates) was of
the oprnion that the previous sound sysfem was inadequate to serve the Coliseum. Sowden and
Associates recommended an alternate acousttcal system that would (1) be permanently hung from the
north end of the Coliseum, and (2) incorporate the addition of "delay speakers" along the side and end
seating areas to improve coverage of the sound system. This alternate system would produce an
adequate sound system for the Coliseum.
The cost of the new system is $76,643. Of this amount, $63,550 will be funded by Insurance funds with
the remaining $13,093 from 1998 CIP funds (available from the $700,000 approved by voters for the
renovation of the Coliseum). The design fee for the acoustical engineer ($6,750) will be funded entirely
with {nsurance funds. All Insurance funds will be transferred to the 1998 CIP fund for payment. -
City of Fort Wortlt, Texas
MGiyOY Giy1d COUYICIl C0��1r�luYllCQfrOYI
DATE REFERENCE NUMBER LOG NAME PAGE
10/19/99 C-17713 20SPEAKERS 2 of 2
SUBJECT AWARD OF CONSTRUCTION CONTRACT TO AMERICA AUDIO AND VISUAL, INC.
FOR THE INSTALLATION OF AN ACOUSTICAL SYSTEM IN THE CO1/VfOWN
COLISEUM AND AWARD OF A DESIGN AGREEMENT WITH SOWDEN AND
ASSOCIATES FOR THE DESIGN OF THE REPLACEMENT SYSTEM
On August 6, 1999, after consultation with the Department of Law, the City Manager's Office approved
waiving bids on this project as necessary because of unforeseen damage to public machinery,
equipment or other p�operty. Due to the need to expedite the installation of a permanent sound
system, City staff (with the assistance of Sowden and Associates) selected American Audio and Visual,
Inc. of Fort Wor#h and negotiated a scope and fee for the installation of the speaker cluster and defay
speakers.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director ce�tifies that funds are available in the Insurance Fund and the 1998 Capital
Improvements for renovation of the Cowtown Coliseum.
MG:j
Submitted for City 1�lanager's
Office by:
Mike Groomer
Originating Bepartment Head:
Hugo Malanga
Additional Information Contact
I FUND
� �c�>
I 1&2) C192
6140 � 2) C192
7801 I (from)
1) FE71
3&4) C192
I ACCOUNT I CENTER I AMOUNT
481306 020192066001 $70,300.00 �
541200 020192066001 $70,300.00
534260 0157140 $70,300.00
541200 020192066001 $83,393.00
CITY SECRETARY
APPROVED ]0/19/99
ORDINANCE NO. 13976
Hugo Nfalanga 7801
� ��
Ordinance No.
AN ORDINANCE INCREASING THE ESTIIv1ATED RECEIPTS AND APPROPRIATTONS IN THE
1998 CAPITAL IIvIPROVEMENTS PROGRAM IN T'HE AMOUNT OF $70,300.00 FROM AVAILABLE
FUNDS FOR THE PURPOSE OF FUNDING A CONTRAGT WITH AMERICAN AUDIO ANU VISUAL
INC., FROM Tf-iE INSTALLATION OF AN ACOUSTICAL SYSTEM IN THE COWTOWN
COLISEUM AND AWARD OF DESIGN AGREEMENT' WITH SOWDEN AND ASSOCIATES FOR
THE DESIGN OF A REPLACEMENT SYSTEM; PROVIDING FOR A SEVERA.BILITY CLAUSE;
MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES AND REPEALING ALL
PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE.
BE IT ORDAINED BY TEiE CIT'Y COUNCIL OF THE CITY OF FORT WORTH, TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments for the Fiscal Year 1999-00 and in the Budget of
the City Manager, there shall also be increased estimated receipts and appropriations in ihe 1998 Capital Improvement
Program in the amount of $70,300.00 from available funds for the purpose of funding a contract with American Audio and
Visual Inc., for the installation of an acoustical system in the Cowtown Coliseum and award of design agreement with Sowden
and Associates for the design of a replacement system.
SECI'ION 2.
Should any portion, section or part of a secrion of this ordinance be declared invalid, inoperarive or void for any reason by a
court of competent jurisdiction, such decision, opinion or judgment shall in no way impair the remaining portions, secrions, or
j� paris of secrions of this ordinance, which said remauung provisions shall be and remain in full force and effect.
� SEGTION 3.
That this ordinance shall be cumulative of Ordinance No. 13886 and all other ordinances and appropriarions amending the .
same except in those instances where ihe provisions of this ordinance are in d'uect conflict with such other ordinances and
I appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly
repealed.
SECTION 4
This ordinance shall take effect and be in full force and effect and after the date of its passage, and it is so ordained.
APPROVED AS TO FORM AND LEGALIT'Y:
���
Assistant�ity�Attorney
� � �� � ��
Date
��~ I�t`�'i�
Adopted
��,- .��-��
Effective
City of Fort Worth, Texas
Transportation/Public Works Department
Building Services DivJsion/Architectural Services Section
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
SECTION A
DEFINITIONS, PROCEDURES AND INTERPRETATIONS
A-1 CONTRACT DOCUMENTS. By the term Contract
Documents is meant all of the written and drawn documents
setting forth or affecting the rights of the parties, including
but not necessarily limited to, the Contract, Notice to
Bidders, Proposal, General Conditions, Special Conditions,
Specifications, Plans, Bonds and all Addenda, Amendments
signed by all parties, Change Orders, written Interpretations
and any written Field Order for a minor change in the Work.
A-2 ENTIRE AGREEMENT. The Contract Documents
represent the entire agreement between the Parties, and no
prior or contemporaneous, oral or written agreements,
instruments or negotiations shall be construed as altering the
terms and effects of the Contract Documents. After being
execufed, 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 ihe bidder shall be
considered evidence that he has complied with these
requirements and has accepted the site as suitable for the
work.
Claims for additional compensation due to variations
between conditions actually encountered in construction and
as indicated by the plans will not be allowed.
A-6 ONE UNIFIED CONTRACT. Insofar as possible,
the Contract Documents will be bound together and
executed as a single unified Contract, the intention of the
Contract Documents being to provide for all labor,
supeivision, materials, equipment and other items necessary
for the proper execution and completion of the Work. Words
that have well recognized technical or trade meanings are
used herein in accordance with such recognized meanings.
A-7 DIVISION OF WORK. The arrangement of
Drawings and/or Specifications into Divisions, Sections,
Articles, or other Subdivisions shall not be binding upon the
contractor in dividing the work among Subcontractors or
Trades.
A-8 INTERPRETATIONS. The Architect will furnish
such Interpretations of the Plans and Specifications as may
be necessary for the proper execution or progress of the
work. Such Interpretations shall be furnished at the instance
of the Architect or at the request of the Contractor, or Owner,
and will be issued with reasonable promptness and at such
times and in accordance with such schedule as may be
agreed upon. Such Interpretations shall be consistent with
the purposes and intent of the Plans and SpeciFications and
may be effected by Field Order. In the event of any dispute
between any of the parties to the Contract and the Architect
or each other involving the interpretation of the Contract
Documents, the evaluation of work or materials performed or
furnished by the Architect Contractor, or any subcontractor
or materialsman, or involving any question of fault or liability
of any party, the decision of the Owner shall be final and
binding.
In the event of inconsistency in the contract documents, the
following sequence for interpretation shall be used in order
of precedence: Change Orders and/or Field Orders (by date
of issuance); Addenda (by date of issuance); Drawings;
Notes and dimensions on Drawings; Technical
Specifications; Special Provisions; Supplementary General
Conditions; General Conditions; and, Construction Contract.
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 ConUact set for each Party to
the Contract, are to be retumed 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 Ciry policy and procedures to be
followed in submitting bids is included.
The City of Fort Worth MWBE Program will take precedence
over other subcontractor utilization programs on Block Grant
and other Federally funded Projects.
A-11 CORRELATION AND INTENT. In general, the
drawings indicate dimension, locations, positions, quantities,
and kinds of construction; the specifications indicate the
quality and construction procedures required. Work
indicated on the drawings and not specified of vice-versa,
shall be furnished as though set forth in both. Work not
detailed, marked or specified shall be the 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 materiais shall be
estimated and shail 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
8/31 /99
GC - 1 of 23
shown. Relocation shall not occur wilhout the Architects
approval.
SECTION B
IDENTITY OF ARCHITECT
B-1 CONTRACT ADMINISTRATION. Where the term
"Architect" is used in the "General Conditions of the Contract
for Construction", it shall refer to the Director, 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 or engineer may
also be designated to perform the duties of "ArchitecP'.
B-2 TERMINATION AND SUSPENSION OF WORK:
The Owner has the right to terminate the Project for any
reason. If the project is terminated, the Contractor shall:
a) Stop work under the Contract on the date and to
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 coniractor 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 ihe 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 aker 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 ciaim 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-4 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 to
familiarize himself with the progress and quality of the work
and to determine if the work is proceeding in accordance
with the Contract documents. On the basis of on-site
observations, the Architect will keep the Owner informed of
the progress of the Work and will endeavor to guard the
Owner against defects and deficiencies in the Work of the
Contractor. Based upon such observations and the
Contractor's applications for payments, the Architect will
make determinations and recommendations concerning the
amounts owing to the Contractor and will issue certificates
for payment amounts.
B-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 Architect's decisions in matters relating to artistic effect
will be final if consistent with the intent of the Contract
Documents.
B-7 AUTHORITY TO STOP WORK. The Architect will
have authority to reject work that does not conform to ihe
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 lhe Work or any
portion thereof, or to require special inspection or testing of
the Work whether or not such Work be then fabricated,
installed or completed.
B-8 MISCELLANEOUS DUTIES OF ARCHITECT.
Sho� Drawinas. The Architect wiil review Shop Drawings
and Samples as provided in Section D. Two copies of each
approved Shop Drawing and submittal will be provided to the
Owner by the Architect.
Chanae Orders. Change Orders and Field Orders for Minor
Changes in the Work will be issued by ihe 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 documen[s
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.
Insoections. The Architect will conduct inspections for ihe
purpose of determining and making his recommendations
concerning the dates of substantial completion and final
completion.
Ooeration and Maintenance Manuals. The Architect will
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
C-1 IDENTIFICATION. By the term Owner is meant
lhe City of Fort Worth acting herein by its duly authorized
representatives in the manner provided by law. Authorized
GC-2of23
8/31!99
representatives include the Ciry 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 si[e of the Work; provided,
however, that the Contractor hereby covenants that he has
inspected the premises and familiarized himself therewith
and that the locations of utilities and other obstacles to the
prosecution of the Work as shown on the Owner's survey
are for information only, are not binding upon the Owner,
and the Owner shall not incur any liability for loss or damage
by virtue of any inaccuracies or deficiencies in such surveys.
The Owner shall secure and pay for title to the site and all
necessary permanent or construction easements. The
Owner will cooperate with the Contractor in the prosecution
of the Work in such manner and to such extent as may be
reasonable and shall furnish information under its control
with reasonable promptness at the request of the Contractor.
C-3 INSTRUCTIONS. The Owner shall issue all
instructions to the Contractor through the Architect.
C-4 ACCESS TO JOB SITE. The Owner shall at all
times have access to the Work whenever it is in preparation
and progress. The Contractor shatt 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 conceming the progress
and quality of the work, the Owner will approve and
authorize the Contractor's applications for paymenis.
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
ihe Work whether or not such Work be then fabricated,
installed or completed.
C-7 SUBSTANTIAL COMPLETION INSPECTION.
Upon agreement of the Contractor and Architect ihat 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.
C-8 RIGHT TO AUDIT:
Contractor agrees that the Ciry shall, until the expiration of
three years after final payment under this contract, have
access to and the right to examine any directly periinent
books, documents, papers and records of the contractor
involving transactions relating to this contract.
Contractor further agrees to include in all his subcontracts
hereunder a provision to the effect that the subcontractor
agrees that the City shall, until the expiration of three years
after final payment under the subcontract, have access to
and the right to examine any directly pertinent books,
documents, papers and records of such subcontractor,
involving transactions to the subcontract. The term
"subcontracP' as used herein includes purchase orders.
Contractor agrees to photocopy such documents as may be
requested by the ciry. 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 Ciry.
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 responsibie for the acts and
omissions of its officers, agents, and empioyees. Nothing
herein shall be consirued as creating a partnership or joint
enterprise between City and the Contracror, 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 Contract, 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, rnconsistency 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 otherwise
specifically noted, the Contractor shall provide and pay for all
labor, materials, equipment, tools, construction equipment
and machinery, water, heat, utilities, transportation and other
facilities and services necessary for the proper execution
and completion of the Work.
The 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.
GC - 3 of 23
8/31 /99
The Contractor shall at all times enforce strict discipline and
good order among his employees, and shall not employ on
the Work any unfit person or anyone not skilled in the task
assigned to him.
D-7 PREVAILING WAGE RATE. The Contractor
agrees to pay not less than the general prevaiting 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 ihe 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 wili be new unless otherwise
specified, and that all work will be of good quality, free from
faults and defects, and in conformance with the Coniract
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 warranry or remedy
provided by law or the Contract Documents.
D-9 TAXES. The Contractor is exempt from State
Sates Tax on material incorporated into the finished
construction, Excise and Use Tax.
D-10 LICEN5ES. 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 Contracror 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 will be
made. If the Contractor performs any Work knowing that it is
in violation of, or contrary to, any of such Laws, Statutes,
Charter, Ordinances, Orders or Directives, or Regulations
without furnishing Notice to ihe Architect, the Contractor will
assume full responsibility therefor and bear all costs
attributable thereto.
D-11 CASH ALLOWANCES. The Contractor shall
include in the Conlract Sum all allowances stated in the
Contract 0ocuments. These ailowances shall cover the net
cost of the materials and equipment delivered and unloaded
at lhe site, and all applicable taxes. The Contractor's
handling costs on ihe site, labor, installation costs, overhead,
profit and other expenses contemplated for ihe original
allowance shall be included in the Contractor Sum and not in
the allowance. The Contractor shall cause the Work covered
by these allowances to be performed for such amounts and
by such persons as the 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 Contraci 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 all
communications given to the superintendent shall be binding
as if given to the Contractor. Important communications will
be confirmed in writing. Other communications will be so
confirmed on written request in each case.
D-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
ihe 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 ihe starting and completion of the various
states of construction and shall be revised as required by the
conditions of the Work, subject to the Architect's approval. It
shall also indicate the dates for submission and approval of
shop drawings and submittals as well as the delivery
schedule for major pieces of equipment and/or materials.
The progress schedule shall be updated at least monthly by
the contractor and submitted to the Architect for approval
with lhe Contractor's monthly progress payment requests.
D-16 DRAWINGS AND SPECIFICATIONS AT THE
SITE. The Contractor shall maintain at the site for the
Owner one copy of all Drawings, Specifications, Addenda,
approved Shop Drawings, Change Orders, and other
Changes and Amendments in good order and marked to
record all changes made during construction. These shall
also be available to the Architect. The Drawings, marked to
record all changes made during 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.
GC-4of23
8/31 /99
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 Sampies,
the Contractor thereby represents that he has determined
and verified all field measurements, field construction
criteria, materials, catalog numbers and similar data, and
that he has checked and coordinated each shop drawing
given in the Contract Documents. The Architect's approval of
a separate item shall not indicate approval of an assembly in
which the item functions.
The Architect will review and approve Shop Drawings and
Samples with reasonable promptness so as to cause no
delay, but only for conformance with the design concept of
the Project and with the information given in the Contract
Documenis. The Architect's approval of a separate item shall
not indicate approval of an assembly in which the item
functions.
The Contractor shall make any corrections required by the
Architect and shall resubmit the required number of
corrected copies of Shop Drawings or new Samples until
approved. The Contractor shall direct specific attention in
writing or on resubmitted Shop Drawings to revisions other
ihan the corrections requested by the Architect on previous
submissions.
The ArchitecPs approval of Shop Drawings or Samples shall
not relieve the Contractor of responsibility for any deviation
from the requirements of the Contraci Documents unless the
Contractor has informed the Architect in writing of such
deviation at the time of submission and the Architect has
given written approval to the specific deviation. Architect's
approval shall not relieve the Contractor from responsibility
for errors or omissions in the Shop Drawings or Samples.
No portion of the Work requiring a Shop Drawing or Sample
submission shall be commenced until the Architect has
approved the submittal. All such portions of the Work shall
be in accordance with approved Shop Drawings and
Samples.
D-18 SITE USE. The Contractor shall confine
operations at the site to areas permitted by law, ordinances,
permits and the Contract Documents and shall not
unreasonably encumber the site with any materials or
equipment. Until acceptance of the work by the City Council
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 pubtic. 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 o�ce or telephone
for projects under $500,000. Contractor shall equip the
Project Superintendent with a pager and provide 24-hour
conlacts to the City.
D-21 TRENCH SAFETY The Contractor shall be
responsible for all design and implementation of trench
shoring and stabilization to meet regulatory requirements. If
the Proposal requires, the Contractor shall include a per unit
cost for trench safety measures in his bid. If not included in
the Proposal, the Contractor shall include a cost for trench
safety measures for all trenches over 5 feet in depth in his
Schedule of Values.
D-22 CUTTING AND PATCHING OF WORK. The
Contractor shall do all cutting, fitting or patching of his Work
that may required to make its severai parts fit together
properly, and shall not endanger any Work by cutting,
excavating or otherwise altering the Work or any part of it.
D-23 CLEAN UP. The Contractor at all times shall keep
the premises free from accumulation of waste materials or
rubbish. At the completion of the Work he shall remove all
his waste materials and rubbish from and about the Project
as well as all his tools, conslruction 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 ali 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-24 COMMUNICATIONS. As a general rule, the
Contractor shall forvvard 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
organization who has a direct coniract with the Contractor to
perform any of the Work at the site. The term Subcontractor
is referred to throughout the Coniract Documents as if
singular in number and masculine in gender and means a
Subcontractor or his authorized representative.
Nothing contained in ihe 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
GC-Sof23
8/31 /99
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 [o 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
Architecl.
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 ihat such Work be performed in accordance
with the requirements of the Contract Documents;
3. require submission to ihe 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
subconlracted portions of the Work shall be submitted
to the Contractor (via any Subcontractor or Sub-
subcontractor where appropriate) in the manner
provided in the Contract Documents for like claims by
the Contractor upon the Owner;
5. waive all rights the contracting parties may have
against one another for damages caused by fire or
other perils covered by the property insurance, except
such rights, if any, as they may have to proceeds of
such insurance held by the Owner, and,
6. obligate each Subcontractor specifically to consent to
the provisions of this Section
All of the provisions set out in this section shall be deemed
to have been included in every subcontract, and every
subcontract shall be so construed and applied as to the
Owner and the Architect, whether or not such provisions are
physically included in the sub-contract.
E-4 MINORITY AND WOMENS BUSINESS
ENTERPRISE IMIWBE). 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 Ciry 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 Ciry
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 information shall
render the bid non-responsive.
The City will consider the contractor's performance on other
City Projects regarding its M/WBE program i� 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 with
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 furlher 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
Contraclor 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 witl 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/WBE participation in ihe 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.
Whenever a change order affects the work of an M/WBE
subcontractor or supplier, the M/WBE shall be given an
opportunity to perForm the work. Whenever a change order
is in excess of 10% of the originai contract, the M/WBE
coordinator shali 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 it's M/WBE
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
GC-6of23
8/31 /99
required to comply with modifications to goals as
determined by the Ciry, and,
storage of their materials and equipment and the execution
of their work, and shall properly connect and coordinate his
work with theirs.
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
liability 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/WBE Participation
plan
4. Default by the M/WBE subcontractor or supplier in the
performance of the subcontract.
Other reasons at the discretion of the M/WBE Coordinator
Within ten days after final payment from the Ciry 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
Contractor shall pay each Subcontractor, upon receipt of
payment from the Owner, an amount equal to the
percentage of completion allowed to the Contractor on
account of such Subcontractor's Work. The Contractor shall
also require each Subcontractor to make similar payments to
his subcontractors.
If the 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, ihe 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 paymenLs
to his Subcontractors.
The Architect may, on request and at its discretion, furnish to
any Subcontractor, if practicable, information regarding
percentages of completion certified to the Contractor on
account of Work done by such Subcontractors.
Neither the Owner nor the Architect shall have any obligation
to pay or to see to the payment of any monies to any
Subcontractor.
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 introduclion and
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 aiter the
work of any other contractor except with the written consent
of the Archilect.
Any costs caused by defective or ill-timed work shall be
borne by the party responsible therefor.
F� OWNER'S RIGHT TO CLEAN UP. If a dispute
arises between the separate contractors as to their
responsibiliry for cleaning up, the Owner may clean up and
charge the cost thereof to the several contractors as the
Director of the Depa�tment of Transportation and Public
Works shall determine to be just.
SECTION G
MISCELLANEOUS PROVISIONS
G-1 CONFLICT OF LAWS. The law of the place
where the site is located shall govern the Contract. The
Contractor must familiarize himself and strictly comply with
all Federal, State, and County and Ciry Laws, Statutes,
Charter, Ordinances, Regulations, or Directives controlling
the action or operation of those engaged upon the work
affecting the materials used. He shali indemnify and save
harmless the City and all of its officers and agents against
any claim or liability arising from or based on ihe violation of
any such Laws, Statutes, Charter, Ordinances, Regulations,
or Directives, whether by himself, his employees, agents or
subcontractors.
G-2 GOVERNING LAWS. It is mutually agreed and
understood that this agreement is made and entered into by
the parties hereto with reference to the existing Charter and
Ordinances of the City of Fort Worth and the laws of the
State of Texas with reference to and governing all matters
affecting this Contract, and the Contractor agrees to fully
comply with all the provisions of the same.
�c - � ot 23
8/31%99
G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS.
In performing their duties under the Statutes of the State of
Texas and the Charter and Ordinances of the City of Fort
Worth in connection with this Contract, or in exercising any
of the powers granted the Owner herein, the officers, agents
and employees of the City of Fort Worth are engaged in the
performance of a governmental function and shall not incur
any personal liability by virtue of such performance
hereunder, except for gross negligence or willful wrong.
G� COMPUANCE WITH LAWS. Contractor agrees
the comply with all laws, Federal, state and local, including
all ordinances, rules and regulations of the City of Fort
Worth, Texas. Materials incorporated into the finished
Project are not subject to State Sales Tax.
Contractors are responsible for obtaining construction
permits from the goveming agencies. Contractor shall
schedule all code inspections with the Code Inspection
�ivision 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.
GS 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 imitees, whefher or not anv
such iniurv. damaae or death is caused. in whole or in
part. bv the nealiaence or alleaed nealiaence of Owner,
its o�cers. servants, or emalovees. Contractor likewise
covenants and agrees to indemnify and hold harmless the
Owner from and against any and all injuries to Owner's
officers, servants and employees and any damage, loss or
destruction to property of the Owner arising from the
performance of any of the terms and conditions of this
Contract, whether or not anv such iniury or damaqe is
caused in whole or in nart bv the nealiaence or alleaed
nealiaence of Owner. its o�cers. servants or
emvlovees.
In the event Owner receives a written claim for damages
against the Contractor or its subcontractors prior to final
payment, final payment shall not be made until Contractor
either (a) submits to Owner satisfactory evidence that the
claim has been settled and/or a release from the claimant
involved, or (b) provides Owner with a letter from
Contraclor'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 wilhout the prior written consent of the Owner.
Any such purported assignment or subletting without the
prior written consent of Owner shall be void.
G-T 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 Ciry 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 Ciry of
Fort Worin 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 surery on the bond the name of the
surety should be included on ihe current U. S. Treasury List
of Acceptable Securities [Circutar 570j, and must be
authorized to do business in Texas. Sureties not listed in
Circular 570 may write performance and payment bonds on
a project without reinsurance to the limit of 10 percent of its
capital and surplus. Such a surety must reinsure any
obligation over 10 percent. The amount in excess of 10
percent must be reinsured by reinsurers who are duly
authorized, accredited, or trusteed to do business in the
State of Texas.
Should any surety for the contracted project be determined
unsatisfactory at any time during same, the Contractor shall
immediately provide a new surety bond satisfactory to the
City.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK.
If the Contractor defaults or neglects to carry out the Work in
accordance with the Contract Documents or fails to perform
any provision of the Contract, the Owner may, without
prejudice to any other remedy he may have, enter the site
and make good such deficiencies. In such case an
appropriate Change Order shall be issued deducting from
the payments then or thereafter due the Contractor the cost
of correcting such deficiencies, including the cost of the
Architecl's additional services made necessary by such
default, neglect or failure. If the payments then or thereafter
due the Contractor are not sufficient to cover such amount,
the Contract shall pay the difference to the Owner.
G-10 ROYALTIES AND PATENTS. The Contractor
shall pay all royalties and license fees. He shall defend all
suits or claims for infringement of any patent rights and shall
save the Owner harmless from loss on account thereof and
shall be responsible for all such loss when a particular
design, process or the product of a particular manufacturer
or manufacturers is specified; however, if the Contracfor 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.
GC-8of23
8/31 i99
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 otherwise 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 authoriry having jurisdiction, the Contractor
shall bear all costs thereof, including the Architect's
additional services made necessary by such costs;
otherwise the Owner shall bear such costs, and an
appropriate Change Order shall be issued.
The Contractor shall secure certificate of inspection, testing
or approval, and three copies will be promptly delivered by
him to the Architect. The Architect will review the certificates
and forward one copy of each with his recommendation(s) to
the Owner.
If the Architect or Owner wish to observe the inspections,
tests or approvals required by this Section, they wiil 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
periorm the Work in accordance with the Contract
Documents.
G-12 INTERRUPTION OF EXISTING UTILITIES
SERVICES. The Contractor shall perform the work under
ihis Contract with a minimum of outage time for all utilities.
Interruption shall be by approved sections of the utiliry. In
some cases, the Contractor may be required to perform the
work while the existing utility is in service. The existing utility
service may be inlerrupted 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 Coniractor. In such cases, the
interruption may have to be scheduled at a time of minimum
requirements of demand for the utility. The amount of time
requested by the Contractor of existing utility services shall
be as approved by the Owner.
G-13 LAYING OUT WORK. The Contractor shall verify
dimensions and elevations indicated in layout of existing
work. Discrepancies between Drawings, Specifications, and
existing conditions shall be referred to Architect for
adjustment before work affected is performed. Failure to
make such notification shall place responsibility upon
Contractor to carry out work in satisfactory workmanlike
manner at the Contractor's sole expense.
The Contractor shall be held responsible for the location and
elevation of all the construction contemplated by the
Construction Documents.
Prior to commencing work, the Contractor shall carefully
compare and check all Architectural, Structural, Mechanical
an Electrical drawings; each with the other that in any affects
the locations or elevation of the work to be executed by him,
and should any discrepancy be found, he shall immediately
report the same to the Architect for verification and
adjustment. Any duplication of work made necessary by
failure or neglect on his part to comply with this function shall
be done at the contractors sole expense.
G-14 MEASUREMENTS: Before ordering any material
or doing any work, the Contractor shall verify all
measurements at the site or at the building and shall be
wholly responsible for the correctness of same. No extra
charge or compensation will be allowed on account of any
difference between actual dimensions and dimensions
indicated on the drawings. Any difference 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, wall and
ceiling materials that:
1. preserve and protect the rights of the Owner and the
Architect under the Contract with respect to the Work to
be performed under the subcontract so that the
subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the
structure and be symmetrically placed wherever
possible. This indudes heating registers, light fixtures,
equipment, etc.
If because of the non-related sizes of the various materials
and locations of openings, etc., it is not possible to
accomplish the above, the Contractor shall request the
Architect to determine the most satisfactory arrangement.
The Contractor shall establish centerlines for all trades.
G-17 INTEGRATING EXISTING WORK. The
Contractor shall protect all existing street and other
improvements from damages.
Contractor's operations shall be confined to the immediate
vicinity of the new work and shall not in any interfere with or
obstruct the ingress or egress to an from existing adjacent
facilities.
GC - 9 of 23
8/31 /99
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 dama9ed work shall be replaced, repaired and restored
to its original condition at no cost to the Owner.
G-18. HAZARDOUS MATERIAL CERTIFICATION: It is
the intent of the contract documents, whether expressly
stated or not, that nothing containing hazardous materials,
such as asbestos, shall be incorporated in to the project.
The contractor shall exercise every reasonable precaution to
ensure that asbestos-containing materials are not
incorporated into any portion of the project, including
advising all materials suppliers and subcontractors of this
requirement. The contractor shall verify that components
containing lead do not contact the potable water supply.
G-19 LOCATION OF EQUIPMENT AND PIPING.
Orawing showing location of equipment, piping, ductwork,
etc. are diagrammatic and job conditions may not always
permit their installation in the location shown. When this
situation occurs, it shall be brought to the Architect's
attention immediately and the relocation determined in a joint
conference. The Contractor will be held responsible for the
reiocating of any items without first obtaining the Architect's
approval. He shail remove and relocate such items at his
own expense if so directed by the Architect. Where possible
uniform margins are to be maintained between parallel lines
and or adjacent wall, floor or ceiling surfaces.
G-20 OVERLOADING. The Contractor shall be
responsible for loading of any part or parts of structures
beyond their safe carrying capacities by placing of materials,
equipment, tools, machinery or any other item thereon. No
loads shall be placed on floors or roofs before they have
attained their permanent and safe strength.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it
is required in the Specifications that materials, products,
processes, equipment, or the like be installed or applied in
accordance with manufacturer's instructions, direction or
specifications, or words to this effect, it shall be construed to
mean that said application or installation shall be in strict
accordance with printed instructions furnished by the
manufacturer of the material concerned for use under
conditions similar or those at the job site. Six copies of such
instructions shall be furnished to the Architect and his
approval thereof obtained before work is begun.
G-22 CLEANING UP. The Contractor shall keep the
premises free from accumulation of waste material or
rubbish caused by employees or as a result of the work.
At completion of work, the General Contractor shall,
immediately prior to final inspection of complete building,
execute the following final cleaning work with trained
janitorial personnel and with material methods
recommended by the manufactures of installed materials.
1. Sweep and buff resilient floors and base, and vacuum
carpeting.
2. Dust all metal and wood trim and similar finished
materials.
3. Clean all cabinets and casework.
4. Dust all ceilings and walls.
5. Dust, and if necessary wash, all plumbing and electrical
fixtures.
6. Wash all glass and similar non-resilient materials.
7. All hardware and other unpainted metals shall be
cleaned and polished and all equipment and paint or
decorated work shall be cleaned and touched-up if
necessary, and all temporary labels, tags, and paper
coverings removed throughout the buildings. Surfaces
that are waxed shall be polished.
The exterior of the building, the grounds, approaches,
equipment, sidewalks, streets, etc. shall be cleaned
similar to interior of buildings and left in good order at
the time of final acceptance. All paint surfaces shall be
clean and unbroken, hardware shall be clean and
polished, all required repair work shall be completed
and dirt areas shall be scraped and cleared of weed
growth.
9. Clean all glass surfaces and mirrors of putty, paint
materials, etc., without scratching or injuring the glass
and leave the work bright, clean and polished. Cost of
this cleaning work shall be borne by Contractor.
10. Cleaning, polishing, scaling, waxing and all other finish
operations indicated on the Drawings or required in the
Specifications shall be taken to indicate the required
condition at the time of acceptance of all work under the
Contract.
11. Burning: Burning of rubbish on the premises will not be
permitted.
G-23 DUST CONTROL. Precaution shall be exercised
at all times to control dust created as a result of any
operations during the construction period. If serious
problems or complaints arise due to air-borne dust, or when
directed by the Architect, operations causing such problems
shall be temporarily discontinued and necessary steps taken
to control the dust.
G-24 FIRE PROTECTION. The contractor shall at all
times maintain good housekeeping practices to reduce the
risk of fire damage or injury to workmen. All scrap materials,
rubbish and trash shall be removed daily from in and about
the building and shall not be permitted to be scattered on
adjacent property.
Suitable storage space shall be provided outside the
immediate building area for storing flammable materials and
paints; no storage will be permitted in the building. Excess
flammable liquids being used inside the building shall be
kept in closed metal container and removed from the
building during unused periods.
A fire extinguisher shall be availabie 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
consiruction.
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 ptumb for vertical surfaces. Care should be
exercised not to damage any work that is to remain.
GC - 10 of 23
8/3 I /99
At no time shall any structural members be cut without
written consent from the Architect.
G-26 PROJECT CLOSEOUT.
Final Inspection. Record Drawinqs: Attention is called to
General Conditions Section 1 entitled, "Payments and
Completion."
Maintenance Manual: Sheets shall be 8 Yz"' x 11", except pull
out sheets may be neatly folded to 8 Yz " x 11 ". Manuals shall
be bound in plastic covered, 3 ring, loose leaf binder with
tille 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.
O�erational InsAection and Maintenance Instruction: The
Contractor shall provide at his expense, competent
manufacturer's representatives to completely check out all
mechanical and electrical systems and items covered by the
Drawings and Specifications. This requirement shall be
scheduled just prior to and during the initial start up. After all
systems are functioning properly the representatives shall
instruct maintenance personnel of the Owner in the proper
operation and maintenance of each item.
G-27 GUARANTEE AND EXTENDED GUARANTEE.
Upon completion of the Project, prior to final payment,
guarantees required by technical divisions of Specifications
shall be properly executed in quadruplicate by
subcontractors and submitted through the Contractor to
Architect. Delivery of guarantees shall not relieve Contractor
from any obligation assumed under Contract.
The Contractor shall guarantee the entire Project for one
year. In addition, where separate guarantees, for certain
portions of work, are for longer periods, General Coniracfor's
guarantee shall be extended to cover such longer periods.
Manufacturer's extended warrantees shall be included in this
contract.
Guarantees shall become valid and operative and
commence upon issuance of Certificate of Inspection and
Acceptance by Owner. Guarantees shall not apply to work
where damage is result of abuse, neglect by Owner or his
successor(s) in interest.
The Contractor agrees to warrant his work and materials
provided in accordance with this contract and the terms of
the Technical Specifications contained herein. Unless
supplemented by the Technical Specifications or the
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 all costs
of making good all work that is found to be defective or not
provided in accordance with the Contract Documents.
Additionally if the facility or contents are damaged due to
defective materials or workmanship of the Contractor, the
Contractor further agrees to bear all cost of repairing and/or
replacing damaged items and components to bring such
items back to at least their original condition.
G-28 Y2K COMPLIANCE REQUIREMENTS The
Contractor warrants that each hardware, software and
firmware product delivered for incorporation into the Work be
able to accurately process date/time data between the years
1999 and 2000, including leap year calculations and as
described below:
1. Date/time data between the information
technology incorporated into the Work shall transfer
accurately to and from information technology purchased
separately from the Work but intended to be used in
association with warranted products or systems.
2. Where the contract documents require that
products must perform as a system with respect to date/time
data transfer, the wa«anty described herein applies to Ihe
performance of the system rather than to individual products.
3. The duration of this warranty and the remedies
available to the Owner for the breach of this warranty shall
be as defined in and subject to, ihe terms and limitations of
the Contractor's standard commercial warranty or
warranties.
4. The remedies available to the Owner under this
warranty shall include repair or replacement of any product
or system whose noncompliance is discovered and made
known to the Contractor, in writing, within one year following
the date of substantial completion.
5. Nothing in the provisions of this warranty shall be
construed to limit any rights or remedies the Owner may
have with respect to defects discovered in the Work not
related to compliance requirements of this section.
The contractor agrees to correct defective Work within a one
year period after Date of Substantial Completion, and
provide one year warranty for accurate transfer of date/time
data between the years 1999 and 2000 as described within
this section.
G-29 RECORD DRAWINGS. Upon completion of the
Work and prior to application for final payment, one print of
each of the drawings accompanying this specification shall
be neatly and clearly marked in red by the Contractor to
show variations between the construction actually provided
and that indicated or specified in the Contract Documents.
The annotated documents shall be delivered to Architect.
Where a choice of materials and/or methods is permitted
herein and where variations in the scope or character of the
work from the entire work indicated or specified are
permitted either by award of bidding items specified for that
purpose, or by subsequent change to the drawings, the
record drawings shall define the construction actually
provided. The representation of such variations shall
conform to standard drafting practice and shall include
supplementary notes, legends and details which may be
necessary for legibility and clear portrayal of the actual
construclion. The record drawings shall indicate, in addition,
the actual location of all sub-surface utiliry lines, average
depth below the surface and other appurtenances.
G-30 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.
GC - 11 of 23
8/31/99
G-31 PRODUCT DELIVERY. STORAGE. HANDI.ING.
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-32 AGE In accordance with the policy ("Policy") of
the Executive Branch oF the federal government, Contractor
covenants that neither it nor any of its officers, members,
agents, employees, program participants or subcontractors,
while engaged in performing this contract, shall, in
connection with the employment, advancement or discharge
of employees or in connection with the terms, conditions or
privileges of their employment, discriminate against persons
because of their age except on the basis of a bona fide
occupational qualification, retirement plan or statutory
requirement.
Contractor further covenants that neither it nor its officers,
members, agenLs, 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 limil 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-33 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 �ot unlawfully discriminate on the basis of
disability in the provision of services to the general public,
nor in the availability, terms and/or conditions of employment
for applicants for employment with, or employees of
Contractor or any of its subcontractors. Contractor warrants
it will fully comply with ADA provisions and any other
applicable federal, state and local laws concerning disability
and will defend, indemnify and hold Ciry harmless against
any claims or allegalions 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
estabiished 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 estabtished lherein.
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 ihe City Council of the
Ciry of Fort Worth or it's designated Assistant City Manager,
and no other form of acceptance will be binding upon the
Owner.
A calendar day constitutes 24 hours of time and is any one
of the seven days of a week, including Sunday, regardless of
whether a"Working Day" or not, and regardless of weather
conditions or any situation which might delay construction.
An extension of contract time shall be in accordance with
this Section. Extensions of time will be as recommended by
the Architect with final approval by City of Fort Worth.
A working day is defined as a calendar day, not including
Saturdays, Sundays, and legal holidays, in which weather or
other conditions not under the control of the Contractor
permit the performance of work for a continuous period of
not iess 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 ihe 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 contracl time.
All claims for extension of time shall be made in writing to
the Architect no more than fifteen days after the occurrence
of the delay; otherwise they shall be waived.
If no schedule or agreement is made stating the dates upon
which written interpretations shall be furnished, then no
claim for delay shall be allowed on account of failure to
furnish such interpretation until fifteen days after demand is
made for lhem, and not then unless such a claim is
reasonable.
H� NO DAMAGE FOR DELAY. No payment,
compensation or adjustment or any kind (other than the
extensions of time provided for) shall be made to the
contractor for damages because of hindrances or delays
from an cause in the progress of the work, whether such
hindrances or delays be avoidable or unavoidable, and the
contractor agrees that he will make no claim for
GC - 12 of 23
8/31 /99
compensation, damages or mitigation of liquidated damages
for any such delays, and will accept in full satisfaction for
such delays said extension of time.
revised monthly work progress schedule must be attached
before the pay request can be accepted.
SECTION I
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.
I-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 Contracror 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
ihe amount of work performed during the preceding month or
period and the value thereof at the prices contracted for as
shown on the approved Schedule of Values and Progress
Schedule.
If payments are to be made on account of materials or
equipment not incorporated in the Work but delivered and
suitably stored at the site or in an independent, bonded
warehouse such payments shall be conditioned upon
submission by the Contractor of bills of sale or such other
procedures satisfactory to the Owner to establish the
Owner's title to such materials or equipment or otherwise
protect the Owner's interest including applicable insurance
and transportation to the site.
The Contractor warrants and guarantees that title to all
Work, materials and equipment covered by an Application
for Payment, whether incorporated in the Project or not, will
pass to the Owner upon the receipt of such payment by the
Contractor, free and clear of all liens, claims, security
interesls or encumbrances hereinafter referred to as "liens";
and that no Work, materials or equipment covered by an
Application for Payment will have been acquired by the
Contractor, or by any other persons performing the Work at
the site or furnishing materials and equipment for the Work,
subject to an agreement under which an interest therein or
an encumbrance thereon is retained by the seller or
otherwise imposed by the Contractor or such other person.
The Contractor shall prepare each application for payment
on AIA Document G702, "Application and Certificate for
Payment", and attached thereto AIA Document G703,
"Continuation Sheet", to indicate lhe 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
I-5 CERTIFICATES FOR PAYMENT. If the
Contractor has made Application 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
Architect's observations at the site and the data comprising
the Application for Payment, that the Work has progressed
to ihe point indicated; that the quality of the Work is in
accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole upon
Substantial Completion, to the results of any subsequent
tests required by the Contract Documenls, to minor
deviations from the Contract Documents correctable prior to
completion, and to any specific qualifications stated in the
Certificate); and recommendations to the Owner that the
Contractor be paid in the amount certified. In addition, the
Architect's approval of final payment assures the Owner that
the conditions precedent to the Contractor's being entitled to
final payment as set forth in this Section have been fulfilled.
After the Architect has issued a Ce�tificate 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
5400,000, 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 Fo�t Worth. For
contracts in excess of 5400,000, the Owner will retain only
5°/a of each estimate until the final estimate is approved and
work accepted by the City Council of the Ciry 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 aiso decline to
approve any Applications for Payment or, because of
subsequently discovered evidence or subsequent
inspections, may nullify the whole or any part of any
Certificate for Payment previously issued to such extent as
may be necessary in his opinion to protect the Owner from
loss because of:
1) defective work not remedied;
2) claims filed or reasonable evidence indicating probable
filing of claims;
3) failure of the Contractor to make payments properly to
Subcontractors, or for labor, materials or equipment;
4) reasonable doubt that the Work can be completed for
the unpaid balance of the Contract Sum;
GC - 13 of 23
8/31/99
5) damage to another contractor;
6) �easonable 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-
tractors 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 Depa�tment 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 Ihe performance of such work, and such
semi-final payment may then be recommended by the
Oirector.
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 performed and all other obligations of the
Contractor have been met to the satisfaction of the Director.
The Director may, 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 follows:
Amount of Contract Liquidated Damages Per Day
$15,000 or less $45
$15,001 to $25,000 $ 63
�25,001 to $50,000 �u105
$50,001 to 5100,000 3154
$100,000 to $500,000 $210
$500,001 to �1,000,000 $315
$1,000,001 to $2,000,000 $420
$2,000,001 to $5,000,000 $630
$5,000,001 lo 510,000,000 $840
over$10,000,000 $980
I-9 FAILURE OF PAYMENT If, without fault on the
pa�t of the Contractor, the Architect should fail to issue any
Certificate for Payment within seven days afte� 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 ihe 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 substantially complete, he then will prepare a
Certificate of Substantial Compietion (G704) which, when
approved by the Owner, shall establish the Date of
Substantial Completion, shall siaie the responsibilities of the
Owner and the Contractor for maintenance, heat, utilities,
and insurance, and shall fix the time within which lhe
Contractor shall complete the items listed therein, said time
to be within the Contract time unless extended.
Upon receipt of written notice that lhe Work is ready for final
inspection and acceptance and upon receipl 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, ihe 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 oiher
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 Ciry of Fort Worth in accepting the work as complete.
Neither the final payment nor the remaining retained
percentage shall become due until the Contractor submits to
the Architect:
1) Contractor's Affidavit of Payment of Debts and Claims
(G706) stating that all payrolls, bills for materials and
equipment, and other indebtedness connected with the
Work for which the Owner or his propeRy might in any
way be responsible, have been paid or otherwise
satisfied,
2) Consenl of Surety to Final Payment (G707), if any, to
final payment,
GC - 14 of 23
8/31 /99
3) Contractor's Affidavit of Release of Liens (G706A), and,
4) Other data establishing payment or satisfaction of all
such obligations, such as receipts, releases and
waivers of liens arising out of the Contract, to the extent
and in such form as may be designated by the Owner.
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 alter 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 othenvise
designated in writing by the Contractor to the Architect.
J-2 SAFETY OF PERSONS AND PROPERTY. The
Contractor shall take all reasonable precautions for the
safety of, and shall provide all reasonable protection to
prevent damage, injury or loss to:
(1) all employees on the Work and all other persons who
may be affected thereby;
(2) all the Work and all materials and equipment to be
incorporated therein, whether in storage on or-off the
site, under the care, custody or control of the Contractor
or any of his Subcontractors or Sub-contractors; and
(3) other property at the site or adjacent thereto, including
trees, shrubs, lawns, walks, pavements, roadways,
structures and utilities not designated for removal,
relocation or replacement in the course of construction.
Until acceptance of the Work, it shall be under the charge
and care of the Contractor, and he shall take every
precaution against injury or damage to the Work by the
action of the elements or from any other cause whatsoever,
whether arising from the execution or from the non-execution
of the Work. The Contractor shall rebuild, repair, restore and
make good, at his own expense, all injuries or damages to
any po�tion 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
acLs any of them may be liable, shall be remedied by the
Contractor, including damage or loss attributable to faulry
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 ihe Contractor or anyone claiming through the Contractor
for such damage or loss.
The Contractor shall not load or permit any part of the Work
to be loaded so as to endanger its safety.
J-3 HARD HATS. Hard Hats will be required at all
construction sites included in this Contraci from start to
completion of work. Each Contractor, employee and visitor
at any construction site sncluded 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 o( 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 ihe
safery 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 Fo�t 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 ihe
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 Workers' Com�ensation Insurance:
1) General
a) Contractor's Worker's Compensation Insurance.
ConUactor agrees to provide to the Owner (Ciry) 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. Conlractor 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
GC - 15 of 23
8/31 /99
2)
policy of workers compensation insurance
covering each employee employed on the project.
Contractor will not permit any subconiractor to
perform work on the project until such certificate
has been acquired. Contractor shall provide a
copy of all such certificates to the Owner (Ciry).
c) By signing this contract or providing or causing to
be provided a certificate of coverage, the
contractor is representing to the City that all
employees of the contractor who will provide
services on the project will be covered by worker's
compensation coverage for the duration of the
project, that the coverage will be based on proper
reporting of cfassification 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 coniractor'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.
Definitions:
a) Certificate of coverage ("certificate"). A copy of a
certificate of insurance, a certificate of authority to
self-insure issued by ihe 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 ihe Project. Includes the time from the
beginning of the work on the project until the
contractor's/person's work on the project has been
completed and accepted by the City.
c) Persons providing services on the project
("subcontractor" in section 406.096)-includes all
persons or entities performing all or part of the
services the contractor has unde�taken 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 entiry 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. "Seivices"
does not include activities unrelated to the project,
such as food/beverage vendors, office supply
deliveries, and delivery of portable toilets.
3) Requirements
a) The contractor shall provide coverage, based on
proper reporting of classificaiion codes and payroll
amounts and filing of any coverage agreements,
which meets the statutory requirements of Texas
Labor Code, Section 401.011(44) for all
employees of the contractor providing services of
the project, for the duration of the project.
b) The Contractor must provide a certificate of
coverage to the governmental entity prior to being
awarded the contract.
c) If the coverage period shown on the contractor's
current certificate of coverage ends during the
duration of the project, the contractor must, prior to
the end of the coverage period, file a new
certificate of coverage with the City showing that
coverage has been extended.
d) The contractor shall obtain from each person
providing services on a project, and provide to the
City:
i) a certificate of coverage, prior to that person
beginning work on the project, so the
governmental entity will have on file
certificates of coverage showing coverage for
all persons providing services on the project;
and
ii) no later than seven days aker receipt by the
contractor, a new certificate of coverage
showing extension of coverage, if the
coverage period shown on the current
certificate of coverage ends during the
duration of the project.
e) The contractor shall retain all required certificates
of coverage for the duration of the project and for
one year thereafter.
f) The contractor shall notify the City in writing by
certified mait or personal delivery, within ten (10)
days after the contractor knew or should have
known, of any change that materially affects the
provision of coverage of any person providing
services on the project.
g) The contractor shall post on each project site a
notice, in the text, form and manner prescribed by
the Texas Worker's Compensation Commission,
informing all persons providing services on the
project that they are required to be covered, and
stating how a person may verify coverage and
report lack of coverage.
h) The contractor shall contractually require each
person with whom it contracts to provide services
on a project, to:
i) provide coverage, based on proper reporting
on the classification codes and payroll
amounts and filing of any coverage
agreements, which meets the statutory
requirements of Texas labor Code, Section
401.011(44) for all of its employees providing
services on the project, for the duration of the
project;
ii) provide to the contractor, prior to that person
beginning work on the project, a certificate of
coverage showing that coverage is being
provided for all employees of the person
providing services on the project, for the
duration of the project;
iii) provide the contractor, prior to the end of the
coverage period, a new certificate of
coverage showing extension of coverage, if
the coverage period shown on the current
certificate of coverage ends during the
duration of the project;
GC - 16 of 23
8/31/99
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 cercificate
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) �notiiy the City in writing by ce�tified mail or
personal delivery, within ten (10) days after
the person knew or should have known, of
any change that materially affects the
provision of coverage of any person providing
services on the project; and
vii) contractually require each person with whom
it contracLs, to perform as required by
paragraphs h-i) - vii), with the certificates of
coverage to be provided to the person for
whom they are providing services.
4) Posting of Required Worker's Compensation Coverage.
a) The contractor shall post a notice on each project
site informing all persons providing services on the
project that they are required to be covered, and
stating how a person may verify current coverage
and report failure to provide coverage. This notice
does not satisfy other posting requirements
imposed by the Texas Worker's Compensation Act
or other Texas Worker's Compensation
Commission rules. This notice must be printed
with a title in at least 30 point bold type and text in
at least 19-point normal type, and shall be in both
English and 5panish and any other language
common to the worker population. The text for the
notices shall be the following text, without any
additional words or changes:
"REQUIRED WORKER'S
COMPENSATION COVERAGE
The law requires that each person
working on this site or providing services
related to this construction project must
be covered by worker's compensation
insurance. This includes persons
providing, hauling, or delivering
equipment or materials, or providing
labor or transportation or other service
related to the project, regardless of the
identity of their employer or status as an
employee".
Call the Texas Worker's Compensation
Commission at 512-440-3789 to recelve
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
Liabiliry 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
noi less than the following:
1) Automo6ile 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: 51,000,000 each
occurrence. Coverage under the policy shall be as
comprehensive as that provided in a current Insurance
Services Office (ISO) policy form approved for use in
Texas and the policy shall have no exclusions by
endorsement unless such are approved by ihe 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: 51,000,000 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 shafl procure, pay for and maintain at all times
during the term of this Contract, Builder's Risk Insurance
against the perils of fire, lightning, windstorm, hurricane, hail,
riot, explosion, civic commotion, smoke, aircraft, land
vehicles, vandalism, and malicious mischief, at a limit equal
to 100% of the Contract Sum.
The policy shall include coverage for materials and supplies
while in transit and while being stored on or off site. If
specifically required in the Instructions to Bidders, the policy
shall include coverage for flood and earthquake. Different
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 shal� provide a cerlificate 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 allor 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.
GC - 17 of 23
8/31/99
2) Applicable insurance policies shall each be endorsed
with a waiver of subrogation in favor of the City of Fort
Worth.
3) Insurers of policies maintained by Contractor and its
subcontractor(s), if applicable, shall be authorized to do
business in the State of Texas, or otherwise approved
by the City of Fort Worth, and such shall be acceptable
to the Ciry 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. BesPs 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 respecls this Contract.
5j 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.
8) The Ciry of Fort Worth shall be entitled, upon request
and without incurring expense, to review the insurance
policies including endorsements thereto and, at its
discretion, to require proof of payment for policy
premiums.
9) The City of Fort Worth shall not be responsible for
paying the cost of insurance coverages required herein.
10) Notice of any actual or potential claim and/or litigation
that would affect insurance coverages required herein
shall be provided to the City in a timely manner.
11) "Other insurance" as referenced in any policy of
insurance providing coverages required herein shall not
apply to any insurance policy or program maintained by
lhe 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 lhe 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 duly negotiated and executed prior to performing
changed work.
The cost or credit to the Owner resuiting 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 ailowance for overhead and profit as indicted in
the original contract proposal. In such cases, the Contractor
shall keep and present, in such form as the Architect shall
prescribe, an itemized accounting together with appropriate
supporting data. Pending final delermination 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 rype 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
53,000, 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 lhe 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
GC - 18 of 23
8/31 /99
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 ro Section A, (2) any order by the Architect or
Owner to stop the Work pursuant to Section B, where the
Contract was not at fault, or (3) any written order for a minor
change in the Work, the Contractor shall make such claim.
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If
the Contractor wishes to make a claim for an increase in the
Contract Sum or an extension in the Contract Time, he shall
give the Architect written notice thereof within a reasonable
time after the occurrence of the event that gave rise to such
claim. This notice shall be given by the Contractor before
proceeding to execute the Work, except in an emergency
endangering life or property in which case the Contractor
shall proceed in accordance with Section J. No such claim
shail 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 Ghange Order.
L-3 OVERHEAD ALLOWANCES FOR CHANGES:
Should any change in the work or extra work be ordered,
the following applicable percentage shall be added to
Material and Labor costs to cover overhead and profit:
1. Allowance to the Contractor for overhead and profit for
extra work performed by the Contractor's own forces shall
not exceed fifteen percent 1( 5%l.
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 1I 0%l.
L-4 MINOR CHANGES IN THE WORK. The Architect
shall have authority to order minor changes in the Work not
involving an adjustment in the Contract Sum or an extension
of the Contact Time and not inconsistent with the intent of
lhe 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 Coniract 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 service thereby made necessary.
IF, within one year after the Date of Substantial Completion
or within such longer period of time as may be prescribed by
law or by the terms of any applicable special guarantee
required by the Contract Documents, any of the work is
found to be defective or not in accordance with the Contract
Documents, the Contractor shall correct it promptly after
receipt of a written notice from the Owner to do so, unless
the Owner has previously given the Contractor a written
acceptance of such condition, describing same specifically
and not generally. The Owner shall give such notice
promptly after discovery of the condition.
All such defective or non-conforming work under the
preceding paragraphs shall be removed from the site where
necessary, and the work shall be corrected to comply with
the Contract Documents without cost to the Owner.
The Contractor shall bear the cost of making good all work of
separate contractors destroyed or damaged by such removal
or correction.
If the Contractor does not remove such defective or non-
conforming work within a reasonable time fixed by written
notice from the 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 all the costs that
should have been borne by the Contractor including
compensation for additional architectural services. If such
proceeds of sale do not cover all costs that the Contractor
should have borne, the difference shall be charged to the
Contractor and an appropriate Change Order shall be
issued. If the payments then or thereafter due the Contractor
are not sufficient to cover such amount, the Contractor shall
pay the difference to the Owner.
If the Contractor fails to correct such defective or non-
conforming work, the Owner may correct it in accordance
with Section G.
The obtigation oi 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
GC - 19 of 23
8/31 /99
pe�forming any of the work under a contract with the
Contractor, or if the work should be stopped for a period of
30 days by the Contractor for the Owner's failure to make
payment thereon as provided in Section I, then the
Contractor may aker 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 insotvency, 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 faiis to comply
with al Laws, Statutes, Charter, Ordinances, Regutations or
Orders of any public authoriry having jurisdiction, or
otherwise is guilry of a substantial violation of a provision of
the Contract Documents, then the Owner, on its own
initiative or upon certification by the Architect that sufficient
cause exists to justify such action, may, without prejudice to
any rights or remedy and after giving the Contractor and his
surety, if any, seven (7) days' written notice, terminate the
employment of the Contractor and take possession of the
site and of all materials, equipment, tools, construction
equipment and machinery thereon owned by the Contractor
and may finish the work by whatever method he may deem
expedient. In such case the Contractor shall not be entitled
to receive any further payment until the Work is finished.
If the costs of finishing the Work, including compensation for
the ArchitecPs additional services., exceed the unpaid
balance of the Contract, the Contractor shall pay the
difference to the Owner.
The City of Fort Worth may terminate this contract in whole,
or from time to time, in part, whenever such termination is in
the best interest of the City. Termination will be effected by
delivering to the Contractor a notice of termination specifying
to what extent performance of the work of the contract is
being terminated and the effective date of termination. After
receipt of termination the contractor shall:
a) Stop work under the Contract on the date and to the
extent specified on the notice of termination.
b) Place no further orders or subcontracts except as may
be necessary for the completion of the work not
terminated.
c) Terminate all orders and subcontracts to the extent that
they relate to the performance of the work terminated
by the notice of termination.
After termination as above, the City will pay the contractor a
proportionate part of the contract price based on the work
completed; provided, however, that the amount of payment
on termination shall not exceed the total contract price as
reduced by the portion thereof allocatable to the work not
completed and further reduced by the amount of payments,
if, any otherwise made. Contractor shall submit its ciaim 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 Ciry 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 e�cient utilization.
P-3 MAINTENANCE AND REMOVAL. The
Contractor shall maintain temporary tacilities in a proper,
safe operating and sanitary condition for the duration of the
Contract. Upon completion of the Contract, all such
temporary work and facilities shall be removed from the
premises and disposed of unless otherwise directed or
specified hereunder.
P� FIELD OFFICES AND SHED. The Contractor
shall provide a temporary field o�ce building for himself, his
subcontr,actors and use by the Architect. For construction
contracts with a bid price in excess of S1,000,000.00, ihe
Contractor shall provide a separate field office for the City's
field representative (but the separate office may be in the
same structure). The buildings shall afford protection against
the weather, and each office shall have a lockable door, at
least one window, adequate electrical outleLs and lighting,
and a shelf large enough to accommodate perusal of the
project drawings. Openings shall have suitable locks. Field
offices shall be maintained for the full time during the
operation of the work of the Contract. During cold weather
months, the field offices shall be suitably insulated and
equipped with a heating device to maintain 70 degree
Fahrenheit temperature during the workday. During warm
weather the offices shall be equipped with an air conditioning
device to maintain temperature below 75 degrees F. Upon
completion of the work of the Contract, the Contractor shall
remove the building from ihe premises. In addition to the
drawing shelf, provide for the City field representatives
office: one deck, four chairs, plan rack and a four drawer
filing cabinet (with lock). Each office shall contain not less
than 120 square feet of floor space.
The Contractor shall provide and maintain storage sheds,
other temporary buildings or trailers on the project site as
required for his use. Location of sheds and trailers shall be
as approved by the 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 offices
described above. Service shall be maintained for the
duration of operations under this contract. The Contractor
shall provide for and pay for an automatic telephone-
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
GC - 20 of 23
8/31!99
use of all workmen and subcontractors employed on the
project.
P-9 TEMPORARY CONSTRUCTION. E�UIPMENT
AND PROTECTION
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 ihis 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
utiliry lines shall be removed and repairs made to the
existing lines. Only utilities at existing voltages, pressures,
frequencies, etc. will be available to the Contractor.
Water. Provide an ample supply of potable water for all
purposes of construction at a point convenient to the project
or as shown on the Drawings. Pipe water from the source of
supply to all points where water will be required. Provide
sufficient hose to carry water to every required part of the
construction and allow the use of water facilities to
subcontractors engaged on the work. Provide pumps, tanks
and compressors as may be required to produce required
pressures.
Electric Service. Provide adequate electric service for power
and lighting to all points where required. Temporary, electric
service shall be of sufficient capacity and characteristics to
supply proper current for various types of construction tools,
motors, welding machines, lights, heating plant, air
conditioning system, pumps, and other work required.
Provide sufficient number of electric outlets so that 50 foot
long extension cords will reach all work requiring light or
power.
Liahtinq. 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 piacing 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.
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 requiremenLs of
the authorities having jurisdiction, including insurance
companies, with regards to safety precautions, operation
and fire hazard.
The Contractor shall provide and maintain pumping facilities,
including power, for keeping the site, all times, whether from
underground seepage, rainfall, drainage of broken lines.
The Contractor shall maintain provision for closing and
locking the building at such time as possible to do so. If this
is not feasible, maintain a night
The Contractor shall provide and maintain all barricades or
enclosures, required to protect the work in progress from
outside elements, dusts, and other disturbances as a result
of work under this Contract. Such protection shall be
positive, shall meet the approval of the Architect and shall be
maintained for the duration of the construction period or as
required to provide for the protection as specified.
P-10 PROJECT BULLETIN BOARD. The Contractor
shall furnish, install and maintain during the life of the project
a weather-tight bulletin board approximately 3 feet high by 5
feet wide having not less than two hinged or sliding glass
doors with provisions for locking. The bulletin board shall be
mounted where and as approved by the 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 oi the Contracior and
shall be removed by him upon completion of the Contract
work. The following information which will be furnished by
the City to the Contractor, shall be posted on the bulletin
board and shall be maintained by the Contractor in easily
readable condition at all times for the duration of the
Contract.
a. The Equal Opportunity Poster and Notice
Nondiscrimination of Employment (Standard Form
38).
b. Wage Rate Information Poster (Form SOL 155),
with lhe 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-21 of23
8/3 l l99
GENERAL CONDITIONS
INdEX
A
A-1
A-2
A-3
A-4
A-5
A-6
A-7
A-8
A-9
A-10
A-11
B
DEFINITIONS PROCEDURES AND
INTERPRETATIONS
Contract Documents
Entire Agreement
Work
Execution of the Contract Documents
Familiarity with Proposed Work
One Unified contract
Division of Work
Interpretations
Copies of Working Orawings and
Specifications
Minoriry and Women's Business Enterprise
Policy
Correlation and Intent
IDENTITY OF ARCHITECT
B-1 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 Aulhority to Stop Work
6-8 Miscellaneous Duties of Architect
B-9 Termination of Architect
C OWNER
C-1 Identification
G2 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 Offices and Sheds
D-21 Trench Safety
D-22 Cutting and Patching of Work
D-23 Cleaning Up
D-24 Communications
SUBCONTRACTORS
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 Mutual Responsibility of Contractors
F-3 Cutting and Patching Under Separate
Contracts
F-4 Owner's Right to Clean Up
G
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
G-33
H
MISCELLANEOUS PROVISIONS
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
Y2K Compliance Requirements
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 Contract Sum
I-2 Schedule of Values
I-3 Adjustment of Quantities
I-4 Progress Payments
I-5 Certificates for Payment
8/31 /99
GC - 22 of 23
l-6 Payments Withheld
I-7 Unresolved Claims
I-8 Liquidated Damages
I-9 Failure of Payment
I-10 Substantial Completion and Final Payment
J PROTECTION OF PERSONS ANO
PROPERTY
J-1 Safety Precautions and Programs
J-2 Safety of Persons and Property
J-3 Hard Hats
J-4 Emergencies
K INSURANCE
K-1 Insurance Required
K-2 Workers' Compensation Insurance
K-3 Liability Insurance
K-4 Builder's Risk Insurance
K-5 Proofoflnsurance
K-6 Other Insurance Related Requirements
L CHANGES IN THE WORK
L-1 Change Order
L-2 Claims for Additional Cost or Time
L-3 Overhead Allowance for Changes
L-4 Minor Changes in the Work
L-5 Field Orders
'
�
00O00
M UNCOVERING AND CORRECTION OF
WORK
M-1 Uncovering of Work
M-2 Correction of Work
M-3 Acceptance of Defective or Non-Conforming
Work
N TERMINATION OF THE CONTRACT
N-1 Termination by the Contractor
N-2 Termination by the Owner
O SIGNS
P
P-1
P-2
P-3
P-4
P-5
P-6
P-7
P-8
P-9
P-10
��
TEMPORARY FACILITIES
Scope
Use of Temporary Facilities
Maintenance and Removal
Field O�ces and Sheds
Telephone
Toilet Facilities
Utilities
Heating
Temporary Consiruction, Equipment and
Protection
Project Bulletin Board
VENUE
_ GC - 23 of 23
� 8/31 /99
AUV li jj �� I 7 C� �.��.
'/ '"
1999
BU�LD�NG & CONSTRUCTION TRADES
STANDARD WAGE RATE
FOR TARRANT COUNTY
�
CLASSIFACTYON
AIR CONDIT�ONING MECHAMC
AIR CONDI?IONING MECHANIC HELPER
ACOUSTIC CEIL[NG INSTALLER
ACOUSTIC CEILING INSTALLER HELPER
BRICKLAYER/STONE MASON
BRICKLAYER/STONE MASON NELPER
CAR.PENT�R
CARPENTER H�LPER
CONCRETE FINISHER
CONCRETE FINISHER HELPER
CONCRET� FORM BUILDER
CONCRETE FORM RUILDER HEL�ER
DRYWALL TAPER
bRYWALL TA�'ER HELPER
ELECTRICIAN JOURNEYMAN
ELECT'RICIAN HELPER
ELECTRONIC TECHIVICIAN
ELECTROMC TECHNICIAN HELPER
FLOOR I.AYER (CARPET)
FLOOR LAYER (RESILIENT)
FLOOR LAYER HELPER
GLAZIER
GLAZI��t HELPE�t
INSULATOkt
INSULATOR HEI.PER
LABORER COIv�MON
LABORER SKTLLED
LATHER
LATHER HELPER
METAL BUILllING ASSEMBLER
METAL BUILDING ASSEMBLER HELPER
PAINTER
PAINTER HELPER
HOURLY RATE
$15.96
8.81
13.82
9.79
15.25
9.86
13.00
9.34
1 z.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.G6
15.$0
11.75
13.34
7.85
l l .93
8.30
�
, k�i��-"6-�� F�! �'�E ?l�1
1999
BUI�,DING & CONSTRUCTION TRA,DES
STANDARD WAGE RATE
FOR TARRANT COUN'�'Y
�
'
CI�
�
�
CLASSI�'ACTION
�1PEFITTER
PIPE�ITTER HELPER
PLASTERPR
PLASTERER HELPER
PLUMBER
PLUMBER HELPER
RLINFORCTNG STEF,L SETTER
REINFORCiNG STEEL HELPER
ROOFER
ROOFER HELPER
SHEET METAL WORKER
SHEET METAL WORKER HELPER
SHEETROCK HANGER
SHEE7ROCK HANGER H�LPER
SPRINKLER SYSTEM iNSTALLER
SPRTNKLER SYSTEM INSTALLF,R HELPER
STEEL WORKER STRUCTLTRAL
STEEL WORKF,R STRUCTURAL HELPER
WELDER
WELDER HELPER
HEAVY EQUIPvIENT OPERATORS
EQUIPMENT OPER.ATO�tS
CONCRETE Pt)MP OPERATORS
CRANE, CLAMSHFLL, BACKHOE, DER.RJCK, D'L1NE
SHO
FORKLIFT OPERA,TOR
FOUNDATION llRII,L OPERATOR
FRONT END LOADER OPERATOR
TRUCK DRIVER
2
HOURLY RA.TE
$14.35
10.93
1529
8.63
l G.26
9.59
11.88
9.18
13.17
7.sz
15.87
9.29
12.'l0
9.�1
1 G.95
7.81
14,66
7.91
14.87
9.67
14.66
l 5.50
13.05
10.54
11.66
11.G0
9.80
^-� Fv �r +� �r�
� �.
���
TEXA,S CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of taxable items described
below or on the attached order or invoice.
Descriptioa of Items ( or an attached order or invoice) To be Purchased: All Items
I claim this exemprion for the following reason:
Name of exemption organization: Citv of Fort Worth
Texas Sales and Usc Tax Permit #1-75-6000528-6
I understand that I will be liable for payment of sales taz whic6 may become due for failure to
compiy with the provision oC t6e states, city and or metropolits►n transit authority sales and use taa
laws and comptroller rules regarding ezempt purchases. Liability for the taz will be determine by
the price pAid for the tazable Items purchased or the fair market rental value for the period oC time
use.
I understand that it is a misdemeanor to give an ezemption certificate to the seller tazable items
which I know, at the time of purchase, will be used in a manner other thau that ezpensed in this
certificate and upon couviction, may be �ned up to 5500 per offense.
Municipalities are granted taz ezempt status per the Tezas Constitution, ART 8, Section I.
Purchasers: Citv of Fort Worth
Street Address: 1000 Throckmorton
City, State, Zip Code: Fort Worth Tezas 76102
�igaaturrl�itic: �-� ��s��
Purchasing Manager
Date: Phone:
Faz:
This certificate does not require a number to be valid. Sates and use taz "ezemption numbers" or
"taz ezempt" numbers do not eaist.
This certificate should be furnished to the supplier. Do not send the completed certificate to the
Comptroller of Public Accounts.
FfNANCE DEPARTMENT
PURCHASING DIVISION
THf CITY OF FORT WORTH * lOOO THROCKMORTON STREET * FORT WORTH, �C6XAS 76IO2
lR171 R71_R��n � c.., •^•" ^"'. ".._
WEATHER TABLE
Month
January
February
March
April
May
June
July
Auyust
September
October
November
December
ANNUALLY I
Average
Days of
Rain
7
7
7
8
8
6
5
5
7
5
6
6
Inches of Snow/Ice
Rainfall 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
1
.
.
0
0
0
0
0
0
0
.
.
77 I 32.30 I 1
(1) Mean number of days �ainfall, 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 for projects with duration
in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to
weather, it is counted as a weather day. If the 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
Order.
rW�
�
I
1.1 PROPOSAL INCLUDES
A. Integration of Equipment (OFE) and furnishing and installation of specified products, as well
as incidental equipment, hardware and cabling required to provide complete and fully
functional systems. Fumish, delrver, erect, and connect all the material and equipment
described herein, and also all other incidental material and tools, transportation, etc. required
to make the wo�k complete, in accordance with these plans and specifications, as required to
leave the system in first class operating condition, excluding those items designated WORK
BY OTHERS, or NOT IN CONTRACT (NIC).
B. Verify dimensions and conditions at the job site prior to installation, and pe�form installation in
accordance with these specifications, manufacturers recommendations and all applicable
code requirements.
C. The system includes the following major items:
2.
3.
4.
5.
6.
7.
8.
9.
10
11
12
13
14
Provision of rental systems for use by owner at all scheduled events during the
construction contract period
Loudspeakers and speaker mounting or support Hardware; structural platforms
Equipment Racks
Control Equipment
Control System accessories
Cables, Connectors, Plates, and Wiring
Electrical systems including engineering, conduits, panelboards and circuit wiring
Rigging system including engineering, structural frames, drop points
Verification of dimensions and conditions at the job site
Preparation of submittal information
Installation in accordance with the contract documents, manufacturer's
recommendations, and all applicable code requirements
Initial tests and adjustments, written report, demonstration for approval, final
adjustments, and documentation
Instruction of operating personnel; provision of manuals
Maintenance services; warranty
D. Provision of system testing, system documentation and instruction of Owner Personnel.
E. Gua�antees and Warranties.
F. Equalization Allowance. Contractor to include an equalization allowance of $1,500.00 within
their bid for the obsenration of system tests and adjustments by an Equalizing Engineer.
Equalization Engineer shall be a licensed electrical engineer registered in the State of Texas
with experience in signal alignment and sound system adjustment on a minimum of five
projects simila� in scope and magnitude within the past two years.
1.3 DESCRIPTION OF SYSTEMS
' A. Audio Control System to provide central operation and control of the system. Audio Control to
be located in the central equipment racks. System operation shall be performed by a
dedicated operator either at the racks or at a portable console located where desired within
' the facility.
B. Sound Reinforcement System to provide a single loudspeaker cluster with three dual-18" sub-
� woofers and five full-range loudspeakers. Full range loudspeakers shall be three-way tri-
amplified systems.
�
Page 1
C. Power and Electrical System to be compliant with local and state codes, providing power to
new equipment racks, and signal wiring to control equipment. Electrical work to be designed
and submitted by a professional engineer �egistered in the State of Texas.
D. Rigging Systems provided for suspension of new loudspeaker cluster from existing steel roof
structure. Rigging work shall be designed and submitted by a professronal engineer
registered in the State of Texas.
1.4 REFERENCES �
' A. In addition to the references in the General Conditions, all requirements of the latest published
edition, unless otherwise noted, including but not limited to the following, shall apply. In the
event of conffict between cited or referenced standards, the more stringent shall govern.
� B. National Electric Code (NEC).
IC. Federal Communications Commission (FCC) Rules and Regulations, Part 76.
D. Society of Motion Picture and Television Engineers (S M P.T.E.)
' E. American Society for Testing Mate�ials (A.S.T.M.)
IF. National Cable Television Association (N.C T A)
G. Electronic Industries Association (EIA)
�
H. Telecommunications Industries Association (T IA.)
I. "Handbook for Riggers", 1977 Revised Edition, Newberry, W. G., Calgary, Alberta Canada.
i J. "Basic Principles for Suspended Loudspeaker Systems", Technical Notes Volume 1, Number
19, JBL Professional.
IK. Davis, Don and Carolyn, Sound System Engineering, Second Edition, Howard W. Sams and
Co., Indianapolis, Indiana, 1986.
�
1.6 QUALIFICATION AT TIME OF BID
A. Bidder shall be a sound system contractor, normally engaged in the full time business of
y sound system installation. Show proof, as a part of the bid, that bidder has been in the
communications system installation business for a period of not less than five years and has
I completed projects of similar size and scope. The Owner reserves the right to reject any bids
submitted by firms without sufficient experience in projects of this size or complexity.
' B. No sub-contractor or contract employees will be permitted to periorm the Contractor's
responsibilities as herein defined, unless specifically identified in the bid submission and
approved in writing by the Owner. The Contractor shall have sole responsibility for the
satisfactory execution of the work, even though he may have sub-contracted a portion of the
Iwork, or had certain manufacturers install their own products.
�
1.7 QUALITY ASSURANCE
A. Review existfng architectural, civil, structural, mechanical, electrical, and other project
Page 2
documents relative to this work.
B. Verify all dimensions on the site.
C. Coordinate the specified work with all other trades.
D. Provide all items not indicated on the drawings or mentioned in the specifications that are
necessary, required or appropriate for this work to realize complete, stable and safe operation.
E. Review project documentation and continuously make known any conflicts discovered and
provide all items necessary to complete this work to the satisfaction of the Owner without
additional expense. In all cases where a device or item or equipment is referred to in singular
number or without quantity, each such reference shall apply to as many such devices or items
as are required to complete the work.
F. Provide additional support o� positioning members as required for the proper installation and
operation of equipment, materials and devices provided as part of this work as approved by
the Owner, without additional expense.
G. Regularly examine all construction, and the work of others which may affect the work to
ensure proper conditions for the equipment and devices before their manufacture, fabrication
or installation. Contractor shall be responsible for the proper fitting of the systems, equipment,
materials, and devices provided as part of this work.
H. Pramptly notify the Owner in writing of any di�culties that may prevent proper coordination or
timely completion of this work. Failure to do so shall constitute acceptance of construction as
suitable in all ways to receive this work, except fo� defects that may develop in the work of
othe�s after its execution.
1.8 OWNER'S RIGHT TO USE EQUIPMENT
A. The Owner reserves the right to use equipment, material and services provided as part of this
work prior to final acceptance without incurring any obligation to:
1. Accept material and equipment or completed systems until all punch list work is
completed and all systems are acceptable.
2. Pay additional cost or charge.
3. Commence the war�anty period for any system or device provided as part of the work.
1.9 PERMITS AND INSPECTIONS
A. Obtain all required permits and inspections.
B. Furnish material and workmanship for this work in conformance with all code requirements
C. Perform all tests required herein, or as may be reasonably required to demonstrate
conformance with the specifications.
D. Obtain review from compliance officials �esponsible for enforcement of applicable codes and
regulations to establish that the work is in compliance with all requirements of reference codes
indicated herein. Make corrections, changes acceptance, operation, and/ or compliance with
the final submittal as described herein.
1.10 SUBMITTAL
Page 3
A. Provide the following:
1. Provide shop drawings and record drawings using the following scales:
2. Details - not less than 1"=1'-0"
3. Plans - not less than 1/8"=1'-0"
B. Mark all submittal documents to show the project name, date, Contractor, Sub-Contractor, and
this project number.
1.11 SHOP DRAWINGS, PRODUCT DATA AND SAMPLES
A. Submit catalog data sheets, neatly bound with title page and space for submittal stamps with
proposal for use in evaluating proposed system equipment. Provide a complete list of
proposed equipment with reference to its corresponding specification paragraph number o�
equipment title in specification paragraph order. Denote all proposed substitutions.
B. Submit shop drawings in one package with fifteen (15) days after award of the Contract and
prior to ordering equipment.
C. Submit point-to-point wiring diagrams and typed wire lists identifying every connection.
Include electronic devices such as switches, transformers and terminal blocks. Indicate
locations of all components. Identify cables by types, colors and wire numbers. Complete,
detailed wiring diagrams for the systems, including cable types, identification and color codes,
and detailed wiring of connections, both at equipment and between equipment racks and
wiring in conduit, connector types, expansion loops and cable lengths. D�awings shall comply
with ANSI and Intemational Electrotechnical Commission recommendations and standards as
appropriate.
D. Submit conduit riser diagrams showing required conduits and junction boxes along with types
and quantities of cables to be contained in each conduit. Show details of weatherproofing,
lightning protection and grounding, strain relief and cable support and fire stop protection and
wall penetrations through all rated partitions
E. Submit rack layouts indicating the proposed arrangement of mounted equipment including
junction boxes and locations of conduit penetrations.
F. Submit const�uction details of all custom fabricated items and approved equipment
modifications. Include complete parts lists, schematic diagrams, and all dimensions required
for proper assembly.
G. Submit mounting and support details for all items mounted overhead, including loudspeaker
complete with pa�ts lists and dimensions. Include a full plan view, front elevation and side
elevation of each unique item with corresponding support structure and mounting hardware.
H. Submit samples as required in various specification paragraphs. No materials or equipment
shall be installed without receipt of approved samples.
Approval of shop drawings or submittal indicates only the acceptance of the manufacturer and
quality. Specific requirements, arrangements, and quantities still must comply with the intent
of the contract documents as interpreted by the Owner unless specifically approved in writing.
K. Submittals which are incomplete, deviate significantly from the requirements of the Contract
Documents, or contain numerous errors will be returned without review for rework and
Page 4
resubmittal, and may �esult in back charges to the Contractor.
1.12 QUALITY CONTROL SUBMITTAL
A. Before delivery of equipment to the job site, submit test repo�ts for all measurements specified
under Sou�ce Quality Control Tests.
B. Immediately after installation, submit photographs showing cable entries and terminations
within equipment racks, enclosures at the job site.
1.13 CONTRACT CLOSEOUT SUBMITTAL
A. The following shall be required:
B. When the installation is substantially complete including the Field Quality Control Tests in Part
3 of this Section, submit one (1) complete initial set of contract closeout submittal to the
Owner for review.
C. Project Record Drawings (As-Built Drawings).
Approved shop drawings, updated to accurately document the final conditions of the
system installation. Legibly mark to record actual construction:
a. Field changes of dimension and detail.
b. Changes made by Revision Order, Directive or other modifications.
c. Details not in original contract drawings.
d. Any other miscellaneous items installed under this contract. At a minimum, the
ends of each line should have the coordinate and elevation indicated.
2. Layouts of system devices showing actual device locations.
3. Results of all Field Quality Control Tests in this Section.
1.14 OPERATION MANUAL
A. Table of Contents.
B. Typed description of system including key features and operational concepts (e.g. remote
control features, switching functions, and mixing capabilities).
C. Setup diagrams and typed instructions for use in typical situations as directed by the Owner.
D. Single-line block diagrams showing all major components of the systems.
E. Manufacturer's ope�ation manuals for user-operated equipment (processors, amplifiers, etc.).
1.15 MAINTENANCE MANUAL
A. Table of Contents
B. Contractor's name, address and service department telephone number.
C. Listing of manufacturer's addresses for all products in this Section.
D. Listing of all equipment and materials supplied under this Section with names of
Page 5
manufacturer's and model numbers or part numbers.
E. Approved catalog data sheets for all products.
1. Legibly mark-up each Section to record:
a. Manufacturer, trade name, catalog number, and supplier of each product and
item of equipment actually installed.
b. Changes made by Revision Order, Directive and other contract modifications.
c. Service manuals and manufacturers operating manuals for each and every
equipment item furnished.
e. Other matters not originally specified.
F. Service Manuals
1. Manufacturer's service manuals for all products specified in this Section including
replacement parts lists with specific part ordering numbers.
2. All test reports required under Source Quality Control Tests and Field Quality Control
Tests.
3. Documentation of final settings for all non-user-adjusted devices and controls after Final
Adjustment and Equalization. Include physical settings as well as input and output
signal levels.
H. All equipment warranties and a notarized System Warranty, in duplicate.
1.16 DELIVERY, STORAGE, AND HANDLING
A. Store equipment and materials safely and securely inside at the job site in a manner which will
not interfere with facility maintenance or operation.
B. Deliver afl materials to the job site in manufacturer's containers, as applicable, with each
container and each item within each container clearly marked as to item, quantity, size and/or
model number. Retain all original manufacturer's invoices and packing lists for inspection by
the Owner. Provide copies of each with project record drawings.
C. Replace all damaged or defective work or material at no additional cost, prior to acceptance.
D. Check, and if necessary, clean all systems, equipment, devices and components included in
the work after acceptance and completion of the work of all other trades.
E. Store materials in designated areas.
F. Provide and maintain suitable barriers, guards, fences and signs wherever necessary for the
safety of others relative to and/ or for the protection of this work.
G. Protect all materials and equipment to prevent the entry or adhesion of concrete, plaster,
unintended paint, or other damaging debris of materials.
1.17 PROJECT CONDITIONS
A. If project conditions indicate a need to vary from the Specifications or Drawings, notify the
Owner, make recommendations, and proceed with the necessary changes only after receipt of
written approval from the Owner.
Page 6
1.18 SEQUENCING AND SCHEDULING
A. Coordinate Work with other trades and coordinate scheduling with the Owner to minimize
delays.
1.19 WARRANTY
A. Provide a one (1) year System Warranty at no additional cost to the Owner.
B. Warranty shall contain the following:
1. Date, project title and number,
2. Contractors name and address,
3. Title and number of each as-built document,
4. Certification that each document as submitted is complete and accurate,
5. Nota�ized signature of Contractor, or its authorized representative
6. Include the name of a contact person for service or maintenance and define the limits of
the system warranty.
C. During the System Warranty period, answer all service calls and requests for information
within twenty-four (24) hours. Repair or replace faulty items and correct faulty workmanship
on site within twenty-four (24) hours of all senrice calls.
D. Conduct all warranty repairs and service at the job site unless in violation of manufacturer's
warranty. In the later event, provide substitute systems, equipment, and/or devices,
acceptance to the Owner, for the duration of such off site repairs. Transport warranty
materials, parts, and personnel to and from the job site at no additional cost.
E. For products with manufacturer's warranties lasting more than one (1) year, register
warranties in the Owner's name.
1.20 MAINTENANCE
A With the bid, submit an annually renewable service and maintenance proposal for all systems
specified in this Section. If accepted, the service and maintenance proposal shall commence
upon conclusion of the one (1) year System Warranty.
1.21 SUBSTITUTIONS
A. Substitutions shall be considered only if requested in writing no later than ten working days
before bid.
1.22 BRAND NAMES AND ACCEPTABLE AI.TERNATES
A. The brand name and model number(s) mentioned are used in this specification as a measure
of quality and performance. The Owner reserves the right to reject and deny any substitution
that it may, at the Owner's sole discretion, deem unequal, and the findings in this regard shall
be accepted by the bidder as final and binding.
B. Substitutions may be submitted in writing for approval during bidding only. Bid only the listed
items and approved substitutions. Where more than one manufacturer is listed, bid the same
manufacturer throughout the project.
1.23 OWNER FURNISHED EQUIPMENT
Page 7
A. Certain equipment may be provided for use as Owner Furnished (OFE). This Owner
Furnished Equipment may presently be part of the Owner's system, or will be provided by the
Owner, and will be delivered to Contractor's off-site construction facility, delivered to the
Contractor's on-site secured storage area, or installed on site by others, as appropriate, for
incorporation into the system.
B. Clean and inspect the OFE to be reused, and notify the Owner in writing of damage or defect
and the extent of repair and/or adjustment required to bring the OFE to original specification.
Senrice OFE only as directed by the Owner under the arrangements of a separate contract.
C. Incorporate into the system as if provided new, excepting warranty coverage.
1.24 INSURANCE
A. Insure materials against theft, vandalism, damage due to the elements, fire, etc., to their full
value. Materials and the flawless condition of materials shall remain the responsibility of the
Contractor until acceptance of the system by the Owner.
6. Provide policies of insurance, in compliance with the requirements of the City.
1.25 FIBER OPTIC CABLE SAFETY
A. The following warnings shall be posted on the job site:
WARNING: PERMANENT EYE DAMAGE CAN RESULT FROM LOOKING DIRECTLY
INTO A LIGHT BEAM GENERATED BY AN LED OR LASER SOURCE OR INTO THE
END OF A CABLE FIBER CONNECTED TO ONE OR THESE SOURCES.
CAUTION: LIGHT GENERATED BY THESE SOURCES MAY NOT BE VISIBLE, YET
REMAIN HAZARDOUS TO THE EYE. LOOK FOR WARNING LABELS ON SOURCE
DEVICES.
B. Observe all warning signs on equipment and all written safety precautions in the instruction
manual or equipment technical manual.
C. Afways handle cable carefully to avoid personal injury. Care should be taken with individual
fibers to prevent injury to the eyes or penetration of the fibers into the skin.
1.26 WORK BY OTHERS
A. As required by the Bid and Constn�ction Documents.
PART2-PRODUCTS
2.1 GENERAL
A. All equipment, except OFE, and materials shall be new, latest version at time of bid, and sha11
conform with applicable UL, CSA, or ANSI provisions. Re-manufactured or "B" stock
equipment will not be accepted without written consent from the Owner. Evidence of
unauthorized re-manufactured, or "B" stock equipment on the project site wili be deemed
evidence of the Contractor's Failure to Perform the Work. Take care during installation to
prevent scratches, dents, chips or disfiguration.
B. Regardless of the length or completeness of the descriptive paragraph herein, each device
Page 8
shall meet all of its published manufacturer's specifications. Verify performance as required.
C. Asbestos Prohibition: No materials containing asbestos shall be used under this section. The
Contractor shall insure that all materials incorporated in the project are Asbestos free unless
specifically authorized in writing by the Owner.
D. Afl products listed below are listed for the level of quality required by this project.
E. Install all rack mounted equipment with stainless steel 10-32, oval head machine screws with
plastic cup washers protecting equipment panel.
F. Some rack mounted equipment may require covers, or removal of knobs; provide and install
during Acceptance Testing.
G. Connections shall be made with approved connectors and/or terminal blocks equal to Cinch
140. "Interlocked" switches shall be mutual release blocking type. Mount trim potentiometers,
custom circuit cards, relays, and transformers (except large 70V units) in shielded enclosures,
and mark their function and connections with engraved lamicoid labels.
H. Per IEC-268 standard, all XLR connectors not mounted on equipment shall be wired pin 2 hot
(high), pin 3 low, and pin 1 screen (shield).
2.2 SYSTEM COMPONENTS
A. Not all equipment items specified are needed or used.
B. Outlet, Receptacle, and Custom Function Plates are to be type 430 stainless steel, unless
noted. All will mount with box-mount screw hole centering except devices designed to have
center-mount or strap-mount covers. Cover plates for outdoor use will have approved
weatherproof cover flaps. Coordinate and verify required enclosure or box type and mounting
screw spacing.
C. Equipment Racks and Accessories. Racks to be 30" deep constructed of 16-gauge or heavier �
cold-rolled steel. Wall-mounted racks to be 24" deep. Provide rear mounting rails and an
extra set of front mounting rails for recessed equipment. Provide shelves as required for
mounting equipment within racks. Fill unused mounting spaces with blank panels to fully
enclose the rack assembly. Provide thermostatically controlled fan units to ensure in-rack
temperatures of less than 100 F. Finish entire rack assembly in semi-gloss black paint. Install
120 VAC, 15 amp isolated ground duplex outlets (Hubbell 1 G5262) for all equipment, spaced
to match equipment, with at least iwo spares in rack. Install a ground buss in rack, insulated
from the rack. Attach to rack at one point using #4 insulated copper wire. Ground any
equipment chassis without a three-conductor power cord direct to the buss bar with #12
insulated copper wire. Tie each and every power receptacle ground contact to this buss bar
with #12 insulated copper wire. Common the ground buss bar to an isolated ground with an
additional #4 insulated copper wire. Interconnecting signal cables shall be routed from
junction boxes through metallic flexible conduit(s) (1" - 2" diameter) as appropriate; flexible
conduit shall be insulated from racks by approved insulating bushings. Approved products:
1. Soundolier 320 wall-mount series specially built 24" deep (Quantity: as required) with
power distribution described
2. Crenlo/ Emcor SFR 128A-1032-2-EN2BK (Quantity: as required) with power distribution
described
3. Soundolier 520 series, 30" deep (Quantity: as required) with power distribution described
4. As Approved
Page 9
D. Power Amplifiers to be solid state throughout and located in the Sound Equipment Racks.
Amplifiers to include positive protection of circuit components in the event of input over-drive,
output ove�load, or short circuits. Each ampl'rfier connected as shown on the drawings for
proper output load impedance. Amplifiefs to have a frequency response of +1 d6 from 20 Hz
to 20 kHz with less than 0.1 % THD at rated power into 8 ohms. Input impedance to be 10k
ohms balanced, minimum. Provide isolation transformer(s) where required to minimize noise.
Input sensitivity to be such that 0 dBm (0.7 volts) produces rated output. Output regulation to
be within 1.5 dB from no load to full load conditions. Noise generation to be less than 85 dB
below rated output with input shorted. Provide sufficient quantities to support all loudspeaker
loads.
Sub Woofer Power Amplifiers to be:
a. Crown 5000 (Quantity: 1)
b. Or approved substitution
2. Low Frequency Power Amplifiers to be:
a. Crown 3600 (Quantity: 1)
b. Or approved substitution
3. Mid Frequency Power Amplifiers to be:
a. Crown MA-2400 (Quantity: 1)
b. Or approved substitution
4. High Frequency Power Amplifiers to be:
a. Crown MA-1200 (Quantity: 1)
b. Or approved substitution
E. Signal Relays provided to control inputs to power amplifiers and electrically switch audio lines.
Relays to be 24 volt DC coil types with bifurcated contacts having at least a 2 amp, 120 volt
rating. Relays to mount in a recessed rack panel allowing replacement from the front of the
racks. Relays to mount in sockets. Quantity to include 5% spares, six minimum. Signal
Relays to be:
1. Potter & Brumfield R10-E172V700 (2-Pole)
2. As Approved
F. Power Supplies provided for lamp illumination and relay operation. Power Supplies to be 18
and 24-volt DC regulated with a minimum current rating of 3 2 amps Adjust paging selection
power supply for partial illumination of indicators. Power Supplies to be
1. Lambda LOS-X-24
2. Power-Mate EMA-18/24CC
3. As Approved
G. Audio Control Computer to allow computer adjustment of system. System to be rack mounted
and IBM software compatible. System software to run successfully without failure. Additional
RS-232 port and null modem to be provided to allow control of the computer through
communications software from another computer located in the facility. Audio Control
Computer to be:
1. BSS Soundweb (Quantity: 2)
2. Or approved substitute
Page 10
H. Full Range loudspeaker shall be t�iamped three-way loudspeake� system with minimum 1.4"
high frequency driver. Loudspeaker to contain full rigging support hardware within the
enclosure to allow suppo�t and suspension from external rigging hardware. Full Range
Loudspeaker to be:
1. EAW KF-850 (Quantity: 5) with full rigging hardware and ATM Flyware.
2. Or approved substitute
Sub Woofer loudspeake� shall be a minimum dual driver loudspeaker system with 18" drivers.
Loudspeaker to contain full rigging support hardware within the enclosure to allow support and
suspension from extemal �igging hardware. Sub Woofer Loudspeaker to be:
1. EAW BH-850 (Quantity: 3) with full rigging hardware and ATM Flyware.
2. Or approved substitute
2.3 CABLES AND CONTROL WIRING
A. All electrical conductors installed under this contract, except where othenNise specified, shall
be soft drawn annealed stranded copper having a conductivity of not less than 98% of pure
copper and shall be Anaconda, Triangle, Genera! or approved equal for power, and Alpha,
Belden, or West Penn for low voltage. Cables in plenum rated ceilings outside conduit shall
be similar to those listed below, except plenum rated. Cables equal to those listed below:
1. New Homerun Loudspeaker Cables, Reinforcement Speaker Cables, Monitor and
Foldback Loudspeaker Cables in conduit between loudspeakers, interconnect junction
boxes and racks to be two-color at feast No. 10 THWN unless othenNise noted
2. Other Loudspeaker Cables to be at least No. 14 jacketed equal to West Penn CL3-227
3. Line Level and Microphone Level Cables to be at least No. 22 shielded jacketed equal
to West Penn CL3-452
B. Cable Markers. Permanent labels corresponding to the drawings affixed to all cables.
Approved Products:
Telecrafter Products:
a. Ci�cuits, Series 100.
b. Homeruns, Series 300A using a fine point, acid base�, indelible ink marker or
Series 100.
c. As Approved
2.4 FABRICATION
A. Equipment Racks
1. Pre-assemble and test all racks before delivery to the job site
2. Verify the depth of each rack prior to assembly to ensure that mounted equrpment will fit
completely inside with the rear door closed
3. Photograph rack assemblies as described under Quality Control Submittals
B. Loudspeaker Support Structure
Fabricate suppo�t structure for loudspeakers in the shop before delivery to job.
2.5 SOURCE QUALITY CONTROL TESTS
Page 11
A. Test Equipment
Use the following test equipment meeting the following minimum specifications to perform the
Source Quality Control Tests and Field Quality Control Tests. Furnish the same test
equipment for the performance of Acceptance Testing.
1. Digstal Multimete�
a. DC to 20 kHz bandwidth
b. 300 V �ange, 100 mV �esolution
c. 10 megohms input impedance
d. Direct reading of dBm across 600 ohm load
e. DC resistance to .1 ohm
2. Dual Trace Oscilloscope
a. 100 MHz bandwidth
b. 1 mV/CM sensitivity
c. Dual timebase capability
3. Sine/Square Wave Generator
a. 5 Hz to 5 kHz bandwidth
b. Output level of 0 dBm with less than .5% THD
4. Impedance Bridge
a. Range: 1 ohm to 1 megohm
b. Three test frequencies, minimum, ranging from 250 Hz to 4 kHz
5. Sound Level Meter - ANSI Type 2 with one-octave filter set
B. Measurements
1. Measure and record the input and output impedance of each electronic device at 1000
Hz. Measure and record impedances curves for each loudspeaker line entering rack at
1000 Hz.
2. After pre-assembly of racks, measure and record the following for all rack-mounted
components:
a. DC resistance between the chassis and the rack ground busbar.
b. DC resistance between the signal common and the rack ground busbar.
c. Use a sine-wave signal generator, dual trace oscilloscope and dBin meter to
measure and document the input level which produces clipping at each
component.
d. Using a+4 dBm sine-wave input, set controls of each component to produce a+4
dBin sine-wave output. Under these operating conditions (uniry gain), the
presence of any waveform distortion, interference signals, or oscillations shall be
unacceptable.
2.6 MISCELLANEOUS CONNECTORS
Page 12
A. Ce�tain connectors not identified in specific paragraphs, or indicated on the drawings, are
specified by generic "type". Refer to the cross-reference chart below for approved products.
Asterisks indicated number of pins or sockets. At all times, match connector types used in
adjacent project areas, including existing sound, television and audio visual systems.
�
I
r
1
2
3
4
5
6
7
D(')F -
D(`)M -
TRS-F -
TRS-M -
TRS-FJ -
S4FC -
S4MP -
PART 3- EXECUTION
3.1 INSTALLATION
A
B
C
D
E
F
Switchcraft D(')F or Neutrik NC(")F
Switchcraft D(')M o� Neutrik NC(')MP
Switchcraft 121
Switchcraft 280 or Neutrik NP3C-BAG
Switchcraft 146 0� Neutrik NJ3FP6C-BAG
Neutrik NL4FC
Neutrik NL4MP
Execute all work in accordance with the NEC, and with all local and state codes, ordinances,
and regulations.
Install equipment according to manufacturers recommendations.
Rack Equipment shall be mounted into racks and fully wired and tested, before delivery to job
site.
Ensure that levels and impedances are properly matched between components.
Choose colors and finishes of all exposed and custom fabricated items and labels to blend in
with the sur�oundings as approved by the Owner.
Firmly and permanently attach electrical boxes, enclosures and permanent equipment to the
building. Rigidly mounted equipment and devices shall be plumb and square.
2
Set "flush-mounted" units so that the face of the cover, bezel, or escutcheon is in the
same plane as the surrounding finished surface. Mount boxes, panels and trim so that
there are no gaps, cracks, or obvious lines between the trim and the adjacent finished
surface, and ready them to receive final finish, as applicable.
Provide access panels where needed to access boxes, panels and enclosures in walls
or ceilings, as indicated and dimensioned on the shop drawings. Finish panels to match
the surrounding surfaces.
G. Supports and mounts for equipment to be installed over public areas shall be adequate to
suppo�t the equipment loads with a safety factor of at least five. Use attachment ha�dware
with a minimum SAE Grade 5 load �ating. Do not use formed eye bolts or lag screws for
support of suspended equipment. Verify capacity of mounting methods used in the Work and
associated liabilities.
� H. Grounding and Shielding
r
�
Mount and enclose ail electrical and electronic equipment in metal enclosures, pedestals
or equipment racks.
Use EMT type conduit for all wiring outside of equipment racks except plenum rated
wiring above a lay-in ceiling, and outdoor conduits and raceways, where separate
Page 13
insulated ground wiring shall be supplied.
3. Use flexible conduits and PVC fittings to provide insulated connections of the building
electrical raceways to equipment racks. Mount all equipment �acks at the job site in a
manner which provides electrical isolation from the building structure and electrical
raceways.
Wiring Practices
1. Where specific instructions are not given, perform all wiring in strict adherence to
standard broadcast and sound engineering practices in accordance with the references
listed in Part 1.
2. Group all wirrng into the following classifications by power level or signal type:
a. Microphone Level: less than -20 dBm. -
b. Line Level Audio and DC Control Circuits: -20 dBm to +30 dBm.
c. Speaker Level: greater than +30 dBm.
d. AC Power Circuits
3. Separate wiring of differing classifications by at least six (6) inches, wherever possible.
Wherever lines of differing classification must come closer together than six (6) inches,
cross them perpendicular to each other.
4. Neatly hamess wires together within racks by power level classification using horizontal
and vertical wiring supports as �equired. Rigidly support all wires within 6" of fixed
connection points. Leave service loops of sufficient lengths to allow rack hinges or
slides to fully extend to facilitate access to rear panel connectors from the front of each
rack. Do not use self-adhesive "Ty-Wrap" pads for support of cables.
5. Obsenre consistent polarity throughout the audio systems as follows:
a. Use only balanced differential inputs throughout all audio systems unless otherwise
noted.
b. Use approved transformers where di�ected to reduce objectionable system noise to
acceptable levels.
6. Exercise care in wiring to avoid damaging the cabfes and equipment. Use grommets
around cut-outs and knock-outs where conduit or chase nipples are not installed.
7. Cut off unused wire ends approximately one-half inch (1/2") past the wire jacket. Fold
them back over the jacket, and secure in place with heat-shrink tubing. In multi-
conductor cables, preserve all unused conductors for future use. Failure to do so may
result in replacement of cables at the Contractor's expense.
8. Make connecfions using rosin-core solder or approved mechanical connectors.
Connect microphone, control, and line level wiring through approved connectors.
Connect speaker level wiring using approved terminal barrier strips. Mount all terminal
devices on a non-conductive (electrically) rigid surface. Provide 10% spare terminals at
each location. Label each terminal with a unique number.
9. All fiber splicing shall utilize the fusion splice method. The maximum allowable loss per
fusion splice shall be 05 d6.
Cable Installation in Duct Banks
1. Pull mandrel one size smaller than the conduit, through entire length of all underground
conduits.
2. Cable pulling lubrication shall be utilized when pulling cable.
3. A dynamometer shall be used to measure pulling tension during long or difficult runs,
The dynamometer is to be placed between the cable puller and the pull line to monitor
pulling tension. The manufacturer's pulling tension maximum range shall not be
exceeded.
4. Pulling grips suitable for use with fiber cables shall be applied to the ends of the cable.
Page 14
Consult cable manufacturer to determine appropriate pulling grip and method of
attachment. Breakaway or fuse links shall be used at the pulling grip. Insure that the
correct "fuse pin" is installed in the fuse link.
5. The bend radius for all cables shall conform to manufacturers specifications.
K. Labeling
1. Label products in a logical, legible, and permanent manner corresponding to the
' Drawings. Wording, format, style, color, and arrangement of text will be subject to the
Owner's approval. Submit samples and labeling schedule for approval. Labeling will be
verified at final adjustment a�d equalization.
� 2. Label all wall plates for input, output, and control receptacles as well as connector
mounting plates in all boxes using 1/8" engraved lette�ing filled with black or contrasting
paint, as approved.
3. Use engraved plastic labels similar to Lamicoid, squarely and permanently attached, �to
� label the following:
a. Patch panel designation strips.
� b. Front and back of all rack mounted equipment including controls
c. Barrier strips, terminals, transformers, switches, relays, volume controls, and
similar devices.
� 4. Label pushbutton switches with eng�aved lettering filled with contrasting color paint.
5. Label all permanently installed wires on both ends with approved permanent clip-on type
or sleeve type markers. Wrap-around adhesive labels will not be accepted unless
completely covered with clear heat shrink tubing.
6. Label all portable equipment with engraved block letters using initials and/or words.
� Label all portable cables similarly with printed heat-shrinkable tags located 12 inches
from the male connector end. Verify lettering through the Owner prior to engraving or
I printing.
7. Label access panels and backboards with designations corresponding to the drawings.
Where devices are concealed above access ceilings, provide permanent lamicoid labels,
� on the ceiling "tees", corresponding to the drawings in finishes and sizes approved by
the Owner.
3.2 FIELD QUALITY CONTROL TESTS
A. Maintain a competent supervisor and supporting technical personnel, acceptable to the Owner
r� during the entire installation. Change of supervisor during the project shall not be acceptable
without prior written approval from the Owner.
B. Before connecting any equspment to AC power outlets, measure and record the AC voltages
k between hot, neutral, and ground and verify correct polarity of AC power. Verify, test and
document correct and safe function of isolated ground power systems.
� C. Upon completion of the system installation, it shall be the �esponsibility of the Contractor to
perform the necessary adjusiments and balancing of all signals and amplifier gain, and other
level controls to ensure proper system operation. The system shall be physically inspected by
� the Owner to assure that all equipment is installed in a neat and workmanlike manner as
called for by the plans and specifications.
D. Determine the proper sequence of energizing systems to minimize the risk of damage.
�
E. After successfully energizing the systems, make all preliminary adjustments and document
�the setting of all controls, parameters of all corrective networks, voltages at key system
�, interconnection points, gains and losses, as applicable. Tabulate all data along with an
Page 15
inventory of test equipment, a description of testing conditions, and a list of test personnel as
itemized below. Copies of preliminary test data shall accompany copies of performance
testing data as part of the final submittal.
F. Ve�ify the perfo�mance parameters of the individual systems following established
professional procedures, in addition to those specified herein.
G. Document all acceptance testing, calibration and correction procedures described herein
using the included documents at the end of these specifications, being careful to include the
following information:
1. Performance date of the given procedure.
2. Condition of performance of procedure.
3. Type of procedure, and description. -
4. Parameters measured and their values, including values measured prior to calibration or
correction, as applicable.
5. Parameters associated with calibration or corrective networks, components, or devices.
6. The names of personnel conducting the procedure.
7. The equipment used to conduct the procedure
H. Apply a sine-wave sweep signal to each loudspeaker system, sweeping from 50 Hz to 5000
Hz at a sound pressure level which is 10 d6 below the loudspeake�s rated electrical input
power. Listen for rattles or objectionable noise and correct if apparent.
Using a+4 dBm sine-wave input, set cont�ols of each component to produce a+4 dBm sine-
wave output. Under these conditions (unity gain), the presence of any waveform, distortion,
interference signals, or oscillations shall be unacceptable.
J. Check for proper polarity of ceiling mounted loudspeakers by applying music program or pink
noise to each system and walking through the transition areas of coverage from one
loudspeaker to the ne�ct. Transition should be smooth with no apparent shifting of source from
one loudspeaker to the next.
K. Individually drive each reinforcement loudspeaker with one octave of pink noise centered at
1000 Hz at a sound pressure level which is at least 10 d6 above the ambient noise. Adjust
powe� amplifiers to provide an equal sound pressu�e level from each loudspeaker on its
aiming axis in the seating area. Use an ANSI Type 2 sound level meter set for slow meter
damping to take readings at seated ear height.
L. Upon completion of initial tests and adjustments, submit written report of tests to the Owner
along with all documents, diagrams, and reco�d drawings required herein. Report shall
include date of each test, pertinent conditions such as control settings, etc., test circuit, and
test equipment employed. In addition, submit written notification that the installation has been
completed in accordance with the requirements of the Contract Documents, and is ready for
final equalization and acceptance testing.
3.3 TEST EQUIPMENT
W
A. Provide the following test equipment on site during construction and available to the Owner
' during final adjustment and acceptance testing:
1. Dual-trace oscilloscope - 100 MHz bandwidth, 1 mV/cro sensitivity, N sync separator
� and delayed trigger circuit. Acceptable: Tektronix 2247A
2. Multimeter - Measurement range, DC to 20,000 Hz, 100 mV to 300 V, 10 ma to 10A.
Page 16
�
Acceptable: Fluke 75 or as approved
3.4 FINAL ADJUSTMENT AND EQUALIZATION
A. Schedule a time for the Owner to perform the Final Adjustment and Equalization. Notify the
Owner at least seven (7) days in advance.
B. Furnish a technician who is familiar with the system to assist the Owner during the Final
Adjustment and Equalization.
C. System acceptance tests shall employ an approved sound level meter, and spectrum analyzer
to be provided by the contractor. Measurements shall be made at the combined output of the
amplifie�s and at selected locations throughout the facility.
D. Record final settings on all equipment and submit with contract closeout documents.
E. Heat shrinking tubing shall be shrunk to cover the external connection to amplifier/passive
components only after system alignment and acceptance has been completed.
3.5 CLEAN-UP
A. Remove all unnecessary tools and equipment, unused materials, packing materials, and
debris from each area where Work has been completed unless designated for storage.
B. Clean all areas around system equipment and be sure that the inside of each equipment rack
is free of wire strippings and other debris.
•3.6 DEMONSTRATION AND TRAINING
A. Furnish a technician who is qualified to operate and maintain the systems specified in this
Section to instruct Owner designated personnel regarding the design features and proper
operation of the systems.
B. If requested by the Owner, furnish the same technician/ instructor during the first formal use of
each system to further instruct and assist Owner personnel in system operation.
C. Upon completion of the Work, the Owner may elect to verify test data as part of the
acceptance procedure. Provide personnel and equipment, at the convenience of the Owner,
to reasonably demonstrate system performance and to assist with such tests without
additional cost to the Owner.
3.7 FINAL PROCEDURES
A. Perform any and all remedial work to correct inadequate performance or unacceptable
conditions of, or relating to any of this work, as determined by the Owner, at no additional
expense to the Owner.
■
�
B. Furnish all portable equipment to the Owner along with complete documentation of the
materials presented. All portable equipment shall be presented in the original manufacturer's
packing, complete with all included instructions and miscellaneous manuals and documents.
C. Test Reports and Certificates:
' 1. Document all acceptance testing, calibration and correction procedures described herein
'
Page 17
with the following information:
a. Performance date of the given procedure.
b. Condition of pe�Formance of procedure.
c. Type of p�ocedu�e and description.
d. Parameters measured and their values, including values measured prior to
calibration or correction, as applicable.
2. All Tests and Reports shall be reviewed and approved by the Owner's representative
and shall include:
a. The names of personnel conducting the procedure.
b. The equipment used to perform the procedure.
3. All software shall have certified backups and escrow provisions reviewed with the Owner
and equipment supplier.
D, Present, review and clarify all materials to the Owner and/ or operating personnel and fully
demonstrate the operation and maintenance of the systems, equipment, and devices
specified herein.
E. Check, inspect, and if necessary, adjust all systems, equipment, devices and components
specified, at the Owners convenience, approximately thirty (30) days after the Owner
acceptance of this work.
1
'
r_
i
Page 18
�'�������'
�
�
�
� _ �
. � � I ' � �' t'-}�L� �x C.tt-�_�fj .
CITY OF FORT WORTH, TEXAS
LUMP SUM CONSTRUCTION CONTRACT
EMERGENCY BUILDING REPAIRS
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
� t,� y
This agreement made and entered into this the day of i __,,�AD, 9�9 , by and between the
CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under
and by virtue of a special charter adopted by the qualified voters within said City on the 11 th day of
December, AD 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 meejin of the City
Council of said city, hereinafter called OWNER, and American Audio Visual Cnr.��o��� l�. of the
�
City of Fort Worth County of Tarrant , State of Texas hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to
be made and performed by the Owner, and under the conditions expressed in the bond bearing even
date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
Provide and install main speaker cluster and fifteen delay speakers in the Cowtown Coliseum as
outlined in the attached quotes dated 9/1/99, updated by the detailed breakout of components
and labor dated 10/6/99.
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 General Conditions of the Contract for Construction,
Building Services Division, City of Fort Worth, are made a part of this agreement.
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 Transportation and Public Works Director of the City of Fort Worth.
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).
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.
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 90 calendar days.
� ���� 0 `�� ������
� 0��� �5�'G�?�Q�%
� �. ��:'�,�1�, � ,
, i ,f
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for all additions thereto or deductions there from, the price shown on the Proposal hereto attached
and made a part hereof. Payment will be made in monthly installments upon actual work completed by
contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total
contract amount shall be 76 643. If the Contractor should fail to complete the work as set forth in the
Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time
allowed as provided in the General Conditions, there shall be deducted from any monies due or which
may thereafter become due him, the liquidated damages outlined in the Generai Conditions, not as a
penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such
deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in two counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the l��day of L`t�'�! A.D., �J�:��'��t'
A�nerican Audro Visu�l Co anv%�'f. '�y'
Coanpany � +
�y: �"//�f����
�ig�ature
�'}. J�d.
Mike Horn. Pr ' ent �rn.anri��r� r
Type�f Nar�e, C�f�fice r
�PPRGVED:
Y� /
� Mi3ce Graorner
Assista�r4 �ity fV�anager
�
l^Y �J
APp�AL��FC�3MI�Eh�� �
By: �� � � � �__ _-- - gy
Transportakion anc! PubZic WQrks
APPROVED AS TO FORM AND LEGALITY:
�y:
Assis a ity Attorney
R CflRDED�,-
_ ���'�p/.��!"r�
l
,�-� �
City Secr+�tary
�- l�l -OC�
Date
C� - 1 �'� I �
Contract Authorization
� CJ = � � � � � � ��
Uate
��UO����, ��C�
��� �����
�. ���, �1�
�
Oct U6 99 12:33p Michael Horn
817292-1810
p.2
'
1
I
�,.�t: ....,, .
� � _ - _ _ -
� `, �N �i�'�M:��' - -
. � - �. . l�� . . � .t.� .-. �✓ . �
C 0 M P A N Y
COWTOWN COUSEUM
121 EAST EXCHANGE
FORT WORTH,TEXAS 76106
Attention JACK DURHAM
Job Description:
INVOICE/BID # 100699CCB
Date:
COWTOWN COLISEUM SOUND SYSTEM
I QUQNTITY DESCRIPTION
� FIVE EAW KFSSOEP MID-HIGH SPEAKERS
I THREE EAW S8850 SUF3 SN�AKERS
FIFTHTEEN EAW FR122HP DELAY SPEAKERS
ONE CROWN MASOOOvz POWER AMP
I ONE CROWN MA3600 POWER AMP
� ----- -- -----
� ONE CROWN MA2400 POaVER AMP
� ONE CROWN MA1200 POW�2 AMP
� ONE DSP PROCESSING UNIT
ONE RIGGING SUPPORT PLATFORM
� A/R MISCELLANEOU5 RIGGING HARDWARE
I A/R ELECTRICAL POWER TO NEW RACKS
fA/R C0N0UIT MODIFICATIONS TO NEW CLUST�R
I A/R STRUCTURAL SURVEY ANO DESIGN
� A/R RIGGING SYSTEM DESIGN
� A/R LABOR AND INSTALLATION
fA/R HIGH LIFT RENTAL
I A/R SHIPPING AND HANDLING
Subtotal
T�I
TOTAL I
October 06, 1999
TOTAL
�21,115
$9, 273
$8,625
�2, 800
$2, 265
51,725
T�1,400
$4, 500
$6, 063
$1,705
$651
5925
$1,150
$425
$9, 846
�3, 500
$675
Bt7!?92-a257 � Fax 292-1810 ^ 31U8 Ureen R�dge � Ft. Worth, TX 76133
$a.oa
S76,643.00
PAYMENT BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
BOND NO. Tx767 14 ] 100
�/ �{.
�
KNOW ALL MEN BY THESES PRESENTS: That we, American Audio Visn�al, IA�. a
corporation of Tarrant County, Texas , hereinafter called Principal and �
(3)Universal Surety of America , a corporation organized and existing under the laws ��f tl�ie State
and fully authorized to transact business in the State of Texas, as Surety, are held and firnily I�ound urto
the City of Fort Worth, a municipal corporation organized and existing under the laws of the ��tate of
Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furni�li materi<ils
for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum o1':
Seventv Six Thousand Six Hundred and Fortv Three and no cents
$76.643.00 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Te�;as. for the
payment of whicl� sum well and truly be made, we bind ourselves, our heirs, executors, admini:�trators a�d
successors jointly and severally, firmly by these presents.
THE COND[T1ON OF THIS OBLIGATION is such that Whereas, the Principal enlered intc a
certain contract with the City of Fort Worth, the Owner dated the 19`h day of October , 1995�, a c:opy of
which is hereto attached and made a part hereof for the construction of:
Installation o�' an Acoustical System
Cowtown Coliseum
designated as Project Number TPW 99-019 copy of which contract is hereto attached, referred to, a�d
made a part hereof as fully and to the same extent as if copied at length herein, such �:irojE;ct a.�d
construction being hereinafter referred to as the "works".
NOW, THEREFORE, the condition of the obligation is such that, if the Principal sha'_I prompcly
make payment to all claimants as defined ir Article 5160 of the Revised Civil Statutes of Tex:is,
supplying labor and materials in the prosecution of the work provided for in said Conirace, tlien t}iis
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 claimant; supplyi�g
labor and material in the prosecution ofthe work provided for in said Contract, as claimants arc° delined in
said Article 5160, and all such claimants shall have a direct right of action under the bond as ��ro•��ided in
Article 5160 of the Revised Civil Statutes.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall li�� in 'Tarr2nt
County, State of Texas, and that the said Suret�, for value received, hereby stipulates and agrees that ��o
change extension of time, alteration or addition to the terms of the contract or to the work tu be perfonn�d
thereunder or the specification accompanying the same shall in any wise affect its oblibati�:>ns on ttiis
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.
a q
PROVIDED FURTHER, tl�at no final settlement between the Owner and the Contrac:tor
shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied.
S (Five)
IN WI`fNESSETH WHEREOF, this instrument is executed in -6--Efi�}�counterpan:s, e;iCll
one of which shall be deemed an original, this the 19'h da,y of October , 1999.
American Audio Visual� � {�,�I',
Principal (4)
ATTEST:
(Principal) Secretary
(SEAL)
ATTEST:
(Surety) Secretary
(�EALL)
� _ f ,r
� l� � , �. � Q. '� ��� �'',�.J�,''�_`
� � �I � W rtn�ss as t� ��kety
Phyllis Carnley
2501 Parkview Dr., Ste. ��100
Fort Worth, TX 76102
BY:
(Contractor Principal i
Michael Horn, Pronrietor
(Printed Name/Ti'le)
3108 GreenridQe
ADDRESS
Fort Worth, TX 76133
CITY/STATE/ZIP'
Universal Surety of America
Surety
P. 0. Box ]068
Houston, TX 77251
Surety Address
4.7ti%£'~~s;:��"�3Y/ ��e;�lr!�3—'
,/ (AtEorn�y4�ct? {51
Glenna S. Davis
P. 0. Box 1068, Houston, TX 77251
(Printed Attorney-in-Fact)
Da1e ojBond mus[ no1 b:r pr�i�r to
dale of Contract
Correcr name of Cnnrra�:lor
A Corporatron, a ?arlcrrshr;� or
and /ndivrdual, as case ��iay he
Correct Narne ojSurety
/j Conlracfor is Parlm��shic cd!
Partners should ex�eule •5ond
� UNIVERSAL SURETY OF AMERICA
P.O. BOX 1068 •Houston, Texas 77251-1068
GENERAL POWER OF ATTORNEY - CERTIFIED COPY
Agency Infortnaum GPAJ+
ioo�iis TX 7671411 00
Agents [nsurance Services, [nc.
Know All Men by These Presents, That UMVERSAL SURETY OF AMERICA, a corporation duly organized and existing under the laws of
the State ofTexas, and having its pricipal office in Houston, Texas, does by these presenis make, constitute and appoint
Cathy Vinson Gwen W. Biehler Michael A. Delabano
Rick Bondurant Glenna S. Davis
of Fort Worth and State of Texas its true and lawful Attorney(s)-in-Fact, with full power and authority hereby
conferred in its name, place and stead, to execute, acknowledge and deliver
Bonds not to exceed �200,000.00 unless such is accompanied by Ietter of
aulhority signed by the President, Secretary or Executive Vice President
of Universal Surery of America.
and to bind the Company thereby as Iully and to the same extent as if such bonds were signed by the I'resident, sealed with the corporate sea! of the
Company and duly attes[ed by its Secretary, hereby ratitying and confinning all that the said Attomey(s)-in-Fact may do within the stated
limitations, and such authonry is to continue in force until 9�30�2001 . Said appointment is made under and by authority of the
following resolution adopted by the 13oard of Directors of Universal Surery of America at a meeting held on [he 1 lth day of July, 1984.
"Be It Resolved, that the President, and any Vice President, Secretary or any Assistant Secretary shall be and 'rs hereby vested with full power
and authority to appoint any one or more suitable persons as Attorney(s)-in-Fact to represent and act for and on behalf of the Company."
"R1iSOLVED that the signature of any officer of the corporation, and the seal of the corporation may be affixed or printed by facsimilie to any
power oCattorney of [hc corporation, and that such printed facsimilie signattue and seal shall be valid and binding upon the corporation."
In Witness Whereof, Universal Surety of America has caused these presents to be signed by its President, Jack McReynolds and its
corporate seal to be hereto affixed this 2nd day of January, A.D.,1998.
4���N1������.1�11/�r4 fJN�V��AL SUR:�TY �F AMER�C�.
� .+ +VREay o^,y �
. � �
� �.. • ,�� �
s�? `�- -
Stare ai Texa�s ' p =
�'�s tf r4is _
56: �''• rcr�c :: � J�k McReynolcis � Presidenl
�dlltl�' i�� �SCC�� �'� 1 �+F
M�, n
On this 2nd day of January, in the year 1998, before me, Estela Leija, a notary public, personally appeared Jack McReynolds,
personally known to me to be the person who executed [he within instrument as President , on behalf of the corporation herein named
and acknowledged to me that the corporation executed It.
��, � ►"'_ ~� " �' I � � �f �'� _ �_
.��•
k .��� � ,
I, the undersigned Secre�ary of Universal Surery o1' America, hereby certi "ty tha[ the above and foregoing is a full, true and correct copy of [he
Original Power of Attorney issued by said Company, and do hereby further certify that che said Power of At[orney is still in effect.
GNEN under my hand and the seal of said company, a[ I louston, Texas, this 19th �Y o f October .� 9 99
�sI � _
�
f As�t�nt Secretazy
Any instrument issued in excess of the penalry stated above is totally void and without any validity.
For verification of the authority of this power you may telephone (713) 722-4600.
I401-1425/025
-- �
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor,
American Audio Visual Companv, certifies that it provides worker's comper.sation
insurance coverage for all of its employees employed on City of Fort Worth projec,t
Installation o� an Acoustical System
Cowtown Coliseum
project number, TPW 99-019
�y: .�1���"�/�.r� � .
. - _ .
�
G� r���� � �
Title
l�r?��,��,� � � .� �r��C,
Date �
STATE OF TEXAS 0'
COUNTY OF TARRANT G�'
BEFORE ME, the undersigned authority, on this day personally appea.red
�,�� : � �, ., . �, ;� �--,�,� , knawn to �me
to be the person whose name is subscribed to the foregoing instrument, �.nd
a/cknowled+ged ,., to mje that he executed �!the same as the � act and deed of
\��-7'L �fl.k Aa-a�" � �f1t.,�i^ f lf.c�f'. . u;i� �'J �li�in, I ��r2,� rt.::, � i Lk.. f/l f{1.a �� � fOT
the purposes and cansiderations therein expressed �nd in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this �. day of
�l�+1 - .aw��.�� "'"""","""'.�,.�
" ��� � �� LYN NEII YEATTS f�r� ,l� y �, �f r_P�' ''-�1,:, ,,l�
. Note�y Pubnc, �tate o� i exes � �r
A, ��`�F My Comm. Exp. 3•12•00 ����xY ����� �� and for the State of� Texa�
. .. ..------ -�
(a) Contractor agrees to provide to tl�e 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 issue�:l uiitil
the Contractor has complied with this section.
(b) Contractor agrees to require each and every subcontractor who will perforni work
on the project to provide to it a certificate from such subcontractor stating tllat the
subcontractor has a policy of �vorkers compensation insurance coverin�; e<<cti
employee employed on the project. Contractor will not permit any subconcractor
to perform work on the project until such certificate has been aa:�uired.
Contractor shall provide a copy of all such certificates to the City.
Se�,�l 99 04:33p
Michael Horn
817292-1810 p.l
P '
, --. �� � ., - �. P.
� �:� �_.,. M M;- _
_� � � �����- _ - -
�
. _. , �. . -. - � �,.•-�3 V x � V . �
C O M P A N `(
BID
COWTOWN COL[SEUM
121 EAST EXCHANGE AVE
FORT WURTH,TX 76106
QUANTITY
5
3
15
1
1
l
1
1
1
A/R
A/R
A/R
A/R
A/R
A/R
A/R
A/R
COWTOWIY COLISEUM
SOUND SYSTEM
DESCR 1P1'IOA1
EAW KF 850EP Mid-High Speakers
EAW SB850EP Subs
EAW FR122HP Delay speakers
Crown MA5000vz Power amp
Crown MA3600 Power amp
Crown MA2400 Powcr amp
Crown MA1200 Power amp
DSP Processin�
Ri�ging support platform
Misccllancous ri��ing hardware
Electrical power to new racks
Conduit modiFcations to new cluster
Structural Survey and design
Rigging system dcsign
Labor and installation
High lift rental
Shippin� and handlin�
B[D#
090199CCB
DATE:
9-1-99
- _� TOTAL $76,643.00
3 Ei 3 .-: � '?i. •- -. ; t
'•� � �
r
817/292-8257 + FdX 292-1810 • 3108 Green Ridge � Fl. Worth, TX 76133