HomeMy WebLinkAboutContract 30131 CITY SECRETARY }N
CONTRACT NO . c11--
JOB ORDER CONTRACTING AGREEMENT
CITY OF FORT WORTH
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the sixth day of January , 2004, by and between the CITY
OF FORT WORTH, a home-rule municipal corporation located in Tarrant, Johnson, and Denton
Counties, Texas, hereinafter called "Owner", and JAMAIL Construction Company. Inc.
of the City of Houston County of Harris , State of Texas hereinafter called "Contractor".
WITNESSETH, that the Contractor and the Owner agree as follows:
ARTICLE 1. DEFINITIONS.
1.1 "Job Order Contract (JOC)" is a Firm Fixed Price (FFP), Indefinite Delivery Indefinite
Quantity (IDIQ) contract for construction efforts at various locations within the City of Fort Worth city
limits. Construction projects will be authorized by individual written job orders (JO) on an as needed
basis. Job orders will be in support of maintenance, repair, alteration, renovation, and new construction.
1.2 "Coefficient" means a numerical factor adjusting the marked up costs for the purpose
of this Contract. The coefficient represents adjustments that are General Contractor's indirect costs or
profit. It is additional to the costs identified in the Unit Price Guide (UPG) for the General Condition
direct costs. The coefficient includes general and administrative and other indirect overhead costs,
insurance and bonding costs, Project Manager and estimator's wages, general clerical wages,
contingencies such as changes in wage rates and inflation, JOC contractor's profit, and all other indirect
costs. Separate coefficients may be used for normal working hours and non-normal working hours. The
coefficient to be used for standard working hours on this contract will be 0.82. The coefficient to be used
for non-standard working hours on this contract will be 0.85. See attached example (Appendix 1) for cost
development and application of the coefficient.
1.2.1 "Standard working hours" are 7:30 a.m. to 5:00 p.m., CST Monday through
Friday, unless alternate standard hours are agreed to for an individual job order
(JO).
1.2.2 "Non-standard working hours" are hours worked before 7:30 a.m. and after
5:00 p.m., Monday through Friday, and all hours worked on Saturdays, Sundays,
and recognized holidays that are ordered by the Owner on individual JO's issued
or as expected elsewhere in the contract documents
1.3 "Non-prepriced item" means a necessary, but incidental, part of a job or project
ordered under a Job Order Contract that is not unit priced using the pre-priced tasks in the UPG. The
Coefficient applied to a pre-priced item shall not be applied to a non pre-priced item. The Owner may
negotiate items of work not covered in the UPG but within the scope and general intent of the contract at
any time during the contract term. Non pre-priced items (NPI) of work will be negotiated on an as
needed basis and will be incorporated into the contract. NPI work will be included as necessary for any
job order. The Contractor shall provide documentation in the form acceptable to the Owner of actual
cost for each NPI item in excess of $5,000 as justification of negotiated unit price.
1.4 "Statement of Work" means a description of a project to be ordered under a Job Order
Contract which contains sufficient detail to determine quantities and quality, and the time for
performance.
1.5 "Work" means the maintenance, repair, alteration, renovation, new construction and/or
services required by the Job Order (JO) and Contract Documents (CD), whef�er�-ecpleef, y
nin
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completed, and includes all labor, materials, equipment, plant and services provided or to be provided by
the Contractor to fulfill the Contractor's obligations to satisfy the SOW.
1.6 "Unit Price Guide" (UPG) means a compilation of real property repair, rehabilitation,
alteration, maintenance, and new construction tasks, along with associated units of measure and unit
prices designated or provided by the Owner to be used in administration of this Contract. Unit prices
include direct material, labor and equipment cost, but not indirect costs or profit. The Unit Price Guide
for this Contract is R. S. Means, Facilities Construction Cost Data, 19'h Annual Edition (2004) and is
hereby incorporated by reference. The unit prices from the"including overhead and profit" column of the
UPG, with individual unit prices will be adjusted by the Average City Cost index for Fort Worth prior to
adjusting the cost proposals by the coefficient.
ARTICLE 2. SCOPE OF WORK. The Contractor shall furnish all of the materials and perform
all of the work shown on the drawings and described in the specifications associated with any Statement
of Work provided by the Owner for a Job Order (JO) hereunder. The Project Architect for each
individual project shall be identified and specified in the individual JO. The Contractor shall do
everything required by the Statement of Work, in accordance with the General Conditions of the Project
Contract, the Special Conditions, the Addenda, the Specifications and the Drawings for each JO, (in the
form attached hereto as Exhibit A), the Minority and Women's Business Plan, which collectively form the
"Project Contract".
ARTICLE 3. TIME OF COMPLETION. For each JO, the Owner shall provide a written Notice
to Proceed (NTP) in which a date for commencement of the work shall be stated. The Contractor shall
complete the work within the number of calendar days specified in the JO after such commencement
date. Approved Change Orders (CO) may extend such completion dates. The time set forth for
completion of the work for each JO is an essential element of the Contract. The Contractor
acknowledges that time completion will be of the essence in the completion of any JO and that failure to
complete the work within the stated number of calendar days will result in the assessment of liquidated
damages in an amount identified in the General Conditions section 1-8, or unless specifically included on
the JO.
ARTICLE 4. TERM. This Contract shall commence as of the Effective Date upon contract
acceptance of terms and conditions as indicated by the contractor's signature and shall automatically
expire on September 30, 2004 (the"Expiration Date"), if not terminated earlier, or extended as described
below, and no JO may be issued after that date, except that the terms of the Contract shall survive as to
any work in progress, unfinished work, defective work, and warranty and indemnification obligations of
the Contractor on or after such expiration date. This contract may be extended for up to four additional
one-year terms. The Owner may extend the term of the contract by written notice to the Contractor
within ten (10) calendar days prior to the expiration of this Contract provided that the Owner gives the
Contractor a preliminary written notice of its intent to extend at least sixty (60) calendar days before the
Contract expires. The preliminary notice does not commit the Owner to an extension. If the Owner
exercises this option, the extended Contract shall be considered to include this option provision.
ARTICLE 5. THE CONTRACT SLIM. Owner shall pay Contractor for performance of the
Contract on an individual JO basis based on the associated Statement of Work, subject to additions and
deductions provided therein, and make payment on account as hereinafter provided. The price for a job
or project ordered by the Owner under this Contract (the "Job Order Sum") shall be based on the UPG
and the Coefficient, and any non pre-priced items. Non pre-priced items shall not exceed fifty percent
(50%) of the value of the JO. The Owner shall have the unconditional right to withdraw its JO at any
time before or after the Contractor has submitted its proposal for the JO. If the JO is withdrawn,
Contractor shall not be entitled to any compensation or reimbursement of any costs incurred by the
Contractor of any nature for the withdrawn JO. For a JO under this Contract to become effective, it must
be (a) signed by the Owner and the Contractor, (b) a fixed price, lump sum contract, and (c) based on a
Statement of Work incorporated into the JO.
ARTICLE 6. MINORITY AND WOMEN'S BUSINESS ENTERPRISE UTILIZATION PLAN. In
accordance with City of Fort Worth Ordinance No. 15530 ("Ordinance"), the Owner has goals for the
participation of minority business enterprises and women business enterprises in City of Fort Worth
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contracts. Contractor acknowledges the M/WBE goals established for this contract and its commitment
to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and /or the
commission of fraud by the Contractor may result in the termination of this agreement and debarment
from participating in City of Fort Worth contracts for a period of time of not less than three(3)years.
The Contractor agrees to allocate work and procurement to minority and women's businesses in
accordance with the Ordinance and the approved Utilization Plan. No changes to the Utilization Plan
may be made unless the Owner's M/WBE Office gives its prior written approval.
This project has an overall M/WBE goal of 25 % participation. Contractor has committed to attain this
overall goal. Contractor is responsible to meet this goal at the end of each contract period(yearly) to
remain in compliance with the Ordinance. The Contractor is also responsible to contact the M/WBE
Office to obtain lists of certified M/WBE firms in order to meet this goal.
Contractor shall deliver the monthly M/WBE reports and supporting documentation to the M/WBE Office,
which will verify that payments have been made to M/WBE subcontractors on each completed JO. On
projects that extend over 30 days in duration, the M/WBE Office will verify that payments have been
made to the M/W BE subcontractors for work in-place. Copies of these documents shall accompany the
Contractor's invoice(s). The TPW Project Manager will only verify the completion of work for each JO
and not M/WBE participation or payment to M/WBE subcontractors.
Contractor shall identify in writing to the M/WBE Office the M/WBE subcontractor(s)within 5 business
days after the JO is issued by name, dollar amount, scope of work and duration of the job.
The TPW Project Manager shall not issue a new JO to the Contractor when the aforementioned reports
are not received required herein, if there are questions concerning payments made to M/WBE for
completed work, or if the Contractor habitually omits M/WBE subcontractors from performing work.
ARTICLE 7. RELATIONSHIP OF PARTIES. Contractor shall perform all work and services
hereunder as an independent contractor, and not as an officer, agent, servant or employee of Owner.
Contractor shall have exclusive control of, and the exclusive right to control the details of work
performed hereunder, and all persons performing same, and shall be solely responsible for the acts and
omissions of its officers, agents, employees and subcontractors. Nothing herein shall be construed as
creating a partnership or joint venture between Owner and Contractor, its officers, agents, employees
and subconsultants (or subcontractors ), and doctrine of respondent superior has no application as
between the City and Contractor.
This Contract shall inure only to the benefit of the Owner and Contractor and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Contract.
Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments.
ARTICLE 8. INSPECTION AND ACCEPTANCE. Inspection and acceptance shall be as
stated in the specific Job Order, the General Conditions, and contract documents. Owner hereby
reserves the right to perform inspections of the work and any and all inspections performed by the Owner
or by others for the Owner shall be for the sole benefit of the Owner. The presence or absence of an
Owner inspector does not relieve the Contractor from any contract requirement, nor is the inspector
authorized to change any term or condition of the specification without the Owner's written authorization.
Quality control for the work is the responsibility of Contractor. Contractor shall, without charge, replace
or correct work found by the Owner not to conform to the contract requirements, unless in the public
interest the Owner consents to accept the work with an appropriate adjustment in contract price.
ARTICLE 9. LIQUIDATED DAMAGES. For each consecutive calendar day after the
substantial completion period set forth in any JO issued hereunder that any work, including the correction
of major deficiencies found during the final testing and inspection not completed, but not including minor
punch-list items or upon the Owner taking beneficial occupancy, the amount stated in the JO per day,
unless a different amount is specified, will be deducted from the money due or which becomes due the
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Contractor for the JO, not as a penalty but as liquidated damages representing the parties' estimate at
the time of issuance of the JO of the damages which the Owner will sustain for late completion.
ARTICLE 10. DELAYS AND EXTENSION OF TIME. Contractor may be granted an extension
of time because of changes ordered in the JO, or because of unforeseeable conditions deemed by the
Owner as being beyond the Contractor's control, which constitutes a justifiable delay. Requests for
extensions of time must be made in writing no later than twenty (20) calendar days after the occurrence
of the delay or at the time of the next project construction status meeting. Contractor may be allowed
additional time at no cost to the Owner.
ARTICLE 11. CONTRACT PAYMENT. Contractor will receive payment for acceptable work-in-
place based on payment schedule of values submitted at the beginning of the project no-later-than thirty(30)
days after receipt of the payment request made to the Owner. Contractor will make payment to
subcontractors no-later-than ten (10) days after receiving said progress payment from the Owner and subject
to the subcontractors compliance with the terms of its subcontract with the Contractor. Contractor shall submit
to the Owner a breakdown of the Contract Sum for the various classification of the Work at the beginning of
the project for approval, which will be used for evaluation of progress payments. The progress payments will
be made when the Contractor has submitted the payment request for work-in-place and all required
documentation required by this contract.
ARTICLE 12. WAIVER. No waiver by either party of any default of the other under this
contract shall operate as a waiver of any future or other default,whether of a like or different character or
nature.
ARTICLE 13. SEVERABILITY. If any part of this contract is contrary to any federal, state, or
local law, it is not applicable and such invalidity shall not affect the other provisions or applications of this
agreement which can be given effect without the invalid provision or application and to that end the
provisions of this contract are declared to be severable.
ARTICLE 14. CONTRACT AMENDMENT. No other agreements, oral or written, shall
constitute a part of this contract, unless such be made in writing, executed by the parties hereto of their
successors, and expressly made a part thereof, and approved in writing by the Owner.
ARTICLE 15. GOVERNING LAW AND VENUE. This Contract shall be governed by and
construed and enforced in accordance with the laws of the State of Texas. The parties agree that any
action with respect to this Agreement may only be brought in a court of competent subject matter
jurisdiction located in Tarrant County, Texas.
ARTICLE 16. INDEMNIFICATION. Contractor covenants and agrees to and does hereby
indemnify, hold harmless and defend, at its own expense, Owner, its officers, agents, servants and
employees, from and against any and all claims or causes of action arising out of the performance of this
contract,whether such claims arise out of contract or tort, suits for property, whether real or personal,
loss or damage, personal injury, including death, to any and all persons, of whatsoever kind of character,
whether real or asserted, arising out of or in connection with, directly or indirectly, the work and services
to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees,whether or not caused, in whole or in part, by the alleged negligence of the officers,
agents, servants, employees, contractors, subcontractors, licensees and invitees of the City; and
said Contractor does hereby covenant and agree to assume all liability and responsibility of the City, its
officers, agents, servants and employees for any and all claims or suits for property loss or damage
and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether
real or asserted, arising out of or in connection with, directly or indirectly, the work and services to be
performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or
invitees, whether or not caused, in whole or in part, by the alleged negligence of the officers,
agents, servants, employees, contractors, subcontractors, licensees and invitees of the City.
Contractor likewise covenants and agrees to, and does hereby, indemnify and hold harmless City from
and against any and all injuries, damage, loss or destruction to property of City during the performance
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of any of the terms and conditions of this Contract, whether arising out of or in connection with or
resulting from, in whole or in part, any and all alleged acts or omissions officers, agents,
servants, employees, contractors, subcontractors, licensees, invitees of Owner.
The limit of liability and damages for which CONTRACTOR shall have liability and exposure to the CITY
shall be limited both as to the scope of insurance coverage provided in the policy(ies)of insurance of
CONTRACTOR and as to the limits of liability called for in the policy(ies) provided. Attached hereto and
incorporated herein by reference are the declarations pages of any policies CONTRACTOR has tendered
pursuant to this AGREEMENT. CITY accepts as adequate and compliant the attached policy(ies) of
insurance from CONTRACTOR.
Reference is here made to the Indemnification clause (Article 33) in the GENERAL CONDITIONS FOR
CONTRACT of even date, by and between the parties. These Indemnification clauses shall be
harmonized. Any contradiction between this Indemnification clause in Article 16 of this document entitled
JOB ORDER CONTRACTING AGREEMENT CITY OF FT. WORTH and the Indemnification clause in
Article 33 of the GENERAL CONDITIONS FOR CONTRACT shall be resolved in favor of Article 33 of
the GENERAL CONDITIONS FOR CONTRACT.
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 five counterparts with its corporate seal attached.
Done in Fort Wo exas, this the day A.D., 20t{t
Co e
By: APVE J
Name ' '
By: ►
Office Assi tant Cit .M,n ger
APPROVAL RECOMMENDED: RECORDED:
By: ,w�� By.
Transportation and Public Works Syl,'Afia lover
City Secretary, Acting
APPROVED S TO FORM AND LEGALITY:
ice_ 7-
By: Date
Assistant City Attorney
Ci
Contract Authorization
C L
Date
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Appendix One
1.2 Coefficient:
Example: The new construction of 10 linear feet of eight-foot non-load bearing
gypsum plasterboard on 4" metal stud wall at 16" on center. Work to include two sides,
painted, and insulation: No electrical, doors, or windows. Standard hours.
Type of Work Unit Material Labor Equip. Total Total
Incl. O&P
318 in. gyp. on walls SF $.20 $.25 $.45 $.61
(160SF $32.00 $40.00 $72.00 $97.60)
18 ga.X 2.5 in. 160C LF $4.92 $6.55 $11.47 $15.65
(10LF 49.20 $65.50 $114.70 $156.50)
3.5 in non-rigid . SF SF , $.23 $.16 $.39 $.50
insulation 15 in.wide (80SF $18.40 $8.00 $26.40 $40.00)
Int. Paint(2 coats) SF $.09 $.28 $.37 $.52
With roller (160SF $14.40 $44.80 $59.20 $83.20)
Rubber Base 4 in LF $.48 $.77 $1.19 $1.60
.080 in thick (20LF $8.00 $15.40 $22.00 $32.00)
Sub-Total $269.30
Option Two(General Projects)
City Cost Index Coefficient Cost
Weighted Average 81.7 $269.30 X.817=$220.02 .83 $182.62
Total allowable cost of work by JOC $182.62
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JOB ORDER
This Job Order is governed by all terms and conditions of the Contract referenced below which is hereby
incorporated by reference.
Owner:
Owner's contract no.:
Contract Job Order no.:
Contractor:
Date of Contract:
Job Order Date:
Project Architect for this Job Order:
Summary and Description of Statement of Work attached hereto:
Value of pre-priced work based on the Unit Price Guide and Coefficient:
Value of non-pre-priced work:
Total Fixed Price stipulated sum for this Job Order("Job Order Sum"):
Notice to Proceed Date for this Job Order:
Completion Date for this Job Order:
Liquidated Damages(if different than as set forth in Agreement):
ATTEST:
(Seal) (Exact Name of Contractor)
By: By:
(original signature) (original signature)
(name and title typed) (name and title typed)
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
FACILITIES MANAGEMENT DIVISION
By:
(original signature)
name:
title:
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STATEMENT OF WORK
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GENERAL CONDITIONS
FOR
CONTRACT
Between
City of Fort Worth
a political subdivision of the State of Texas
and
Williams & Thomas, Inc.
DBA Jamail Construction
17045 EI Camino Real, Suite 119
Houston, TX 77058
For
JOB ORDER CONSTRUCTION CONTRACT
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TABLE OF CONTENTS
PAGE
ARTICLE 1 DEFINITIONS 3
ARTICLE 2 WORK TO BE PERFORMED 3
ARTICLE 3 JOB ORDERS 4
ARTICLE 4 KEY STAFF MEMBERS 4
ARTICLE 5 SPECIFICATIONS AND DRAWINGS 4
ARTICLE 6 'USE OF SPECIFICATIONS, DRAWINGS AND NOTES 5
ARTICLE 7 OWNER-FURNISHED DOCUMENTS 5
ARTICLE 8 PERMITS AND RESPONSIBILITIES 6
ARTICLE 9 MATERIAL AND WORKMANSHIP 6
ARTICLE 10 TESTING OF MATERIALS 6
ARTICLE 11 LAYOUT OF WORK 7
ARTICLE 12 SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK 7
ARTICLE 13 DIFFERING SITE CONDITIONS 7
ARTICLE 14 CONTRACT TERM 7
ARTICLE 15 OPTION TO EXTEND THE CONTRACT TERM 8
ARTICLE 16 COEFFICIENT AJUSTMENT 8
ARTICLE 17 INVOICING AND PAYMENTS 8
ARTICLE 18 CONSTRUCTION SCHEDULE 9
ARTICLE 19 SUPERVISION BY CONTRACTOR 9
ARTICLE 20 INSPECTION OF CONSTRUCTION 10
ARTICLE 21 OPERATIONS AND STORAGE AREAS 10
ARTICLE 22 PROTECTION OF EXISTING VEGETATION,STRUCTURES 10
ARTICLE 23 CLEANING UP AND REFUSE DISPOSAL 11
ARTICLE 24 WARRANTY OF CONSTRUCTION 11
ARTICLE 25 CHANGES 11
ARTICLE 26 SUSPENSION OF WORK 12
ARTICLE 27 DISPUTES 12
ARTICLE 28 TERMINATION FOR CONVENIENCE OF OWNER 13
ARTICLE 29 DEFAULT 13
ARTICLE 30 SAFETY 14
ARTICLE 31 USE AND POSSESSION PRIOR TO COMPLETION 14
ARTICLE 32 CONTRACTOR'S INSURANCE 14
ARTICLE 33 INDEMNIFICATION 16
ARTICLE 34 WAGE RATES 17
ARTICLE 35 CONTRACT ORDER OF PRECEDENCE 17
ARTICLE 36 ATTACHMENTS 17
ARTICLE 37 ENGINEERING AND ARCHITECTURAL SERVICES 17
ARTICLE 38 NO DAMAGES FOR DELAY 17
ATTACHMENT A CONTRACT PRICING/COEFFICIENTS 18
ATTACHMENT B SCOPE OF SERVICES 19
ATTACHMENT C KEY STAFF MEMBERS 21
ATTACHMENT D UNIT PRICE BOOK(COVER SHEET) 22
ATTACHMENT E OWNER DESIGN/CONSTRUCTION STANDARDS 23
ATTACHMENT F CONTRACTOR'S AFFIDAVIT OF PAYMENTS&CLAIMS,
CONTRACTOR'S AFFIDAVIT OF RELEASE OF LIENS 30
ATTACHMENT G CONSTRUCTION SUBMITTAL 32
ATTACHMENT H PERMIT APPLICATION FORM 33
ATTACHMENT WARRANTY FORM 34
ATTACHMENT J CHANGE ORDER FORM 35
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STATE OF TEXAS
COUNTY OF TARRANT
GENERAL CONDITIONS
FOR
JOB ORDER CONTRACT(JOC)
ARTICLE 1
DEFINITIONS
A. The"Effective Date"means the later of the two dates on which this Contract is signed by Contractor and
City of Fort Worth(COFW).
B. The term"City'and"Owner"means the COFW City Council,City Manager,the Director of Transportation
and Public Works(TPW)or their designated representative.
C. The TPW Project Manager TPW/PM means the COFW Facilities Management, Architectural Section
Project Manager, the duly authorized representative of the Owner specifically authorized to act for the
owner to manage this Contract and any modification thereto. The term "TPW Building Construction
Manager"(TPW BCM) as used herein includes the"duly authorized representative"of the TPW Project
Manger unless the text specifies otherwise. The TPW PM and TPW BCM will be the technical
representative who has been designated by the Owner,the responsibility for assessing the Contractor's
technical performance and progress; inspecting and periodically reporting on such performance and
progress during the stated period of performance, and finally certifying as to the acceptance of the
Contract Work in its entirety or any portion thereof,as required by the Contract documents.The TPW PM
is also designated responsible for administration of the Contract, including the execution of Contract
modifications,or his designee.
D. The term"Subcontract"as used herein means any agreement including purchase orders(other than one
involving an employer/employee relationship)entered into the Contractor calling for equipment, supplies
or services required for Contract performance,including any modifications thereto.
E. The term Job Order Request(JOR)is the request for proposal and a description of the individual scope of
work to be contracted and associated costs.
F. The term "Job Order(JO)"as used herein means the document issued for each job under this Contract
setting out the"Work."
G. The term "Resident Architect/Engineer" shall be the supervising architect(s) and/or engineer(s), if any,
designated in the JO or other writing issued by TPW PM for each job under this Contract. The term
"Architect-of-Record (AOR)"or"Engineer-of-Record(EOR)"will be the design professional that seals the
design documents. If the AOR or EOR has not been idenfified in the JO, then the Contractor shall
provide all required architectural and engineering services required for the job pursuant to this Contract.
ARTICLE 2
WORK TO BE PERFORMED
In response to JO's to be issued periodically by the TPW PM,the Contractor shall,except as may be specified
elsewhere in this Contract, furnish all necessary labor, materials, tools, supplies, equipment, permits,
transportation, disposal of construction debris, supervision, management, and perform all operations
necessary and required for construction work(hereinafter called"the Work")which will be defined and further
described as to specific project requirements in each JO.The Work shall be performed in accordance with the
requirements set forth in each JO and as further specified in Attachment"B", Scope of Services, incorporated
herein and made a part hereof.
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ARTICLE 3
JOB ORDERS
A. Performance of the Work contemplated in this Contract shall be undertaken only upon the issuance of a
written JO issued by the TPW PM. Any JO shall be in accordance with the requirements specified in
Attachment B, Scope of Services, and will set forth, with the necessary particularity, the following, as
appropriate and applicable to the Work set out in the JO:
1. Contract number along with the Contractors name,address,and telephone number,-
2.
umber;2. Job Order number and date. All work is to have a JO before work is started;
3. Identity of the Contractors key personnel responsible for the performance of the JO;
4. A Scope of Services and applicable technical specifications and drawings (unless design
services are part of the JO;
5. A period of performance and,if required by TPW PM,a work schedule;
6. The place of performance;
7. The TPW Project Manager;
8. The total not-to-exceed amount for the Work to be performed, including a component breakout
if required by TPW PM.
9. Required completion date and any liquidated damages determined by the TPW PM for
individual JO;
10. Such other information as may be necessary to perform the Work.
B. JO's may be amended by the TPW PM in the same manner as they are issued. JO's issued prior to and
in effect at the time of the expiration date of this Contract shall continue to be in effect and performed by
the Contractor until such time as all requirements have been met and a written acceptance of the Work
performed has been made by TPW PM and TPW BCM.
C. The minimum dollar amount for any JO shall be for not less than$2,500,00 or more than$200,000 unless
otherwise agreed to by the Contractor and the Owner. City Council approval will be required for all JO's
over$25,000.
D. The JO,when issued,constitutes a firm fixed price lump sum contract for the work specified.
ARTICLE 4
KEY STAFF MEMBERS
Contractors key staff members listed in Attachment "C", entitled "Key Staff Members", are considered
essential to the services, as set forth in Attachment"B", Scope of Services. Contractors Key Staff members
must possess the background and experience required for the project and be acceptable to the COFW, This
list may be amended from time to time during the course of the Contract to either add or delete personnel,as
appropriate. Prior to any such changes, the Contractor shall notify the TPW PM reasonably in advance and
shall submit justification(including proposed substitutions)in sufficient detail to permit evaluation and potential
impact that such changes will have upon the services being performed hereunder. Any substitutes proposed
for key staff members will have similar credentials and/or experience and no diversions shall be made by the
Contractor without the consent of the TPW PM.
ARTICLE 5
SPECIFICATIONS AND DRAWINGS
A. The Contractor shall keep on or near the work site, a copy of the drawings and specifications and shall at
all times give the Owner access thereto. In case of discrepancy either in the figures, in the drawings,or in
the specifications,the matter shall be promptly submitted to the TPW PM or TPW BCM who shall promptly
make a determination in writing. Any adjustment by the Contractor without such a determination by the
Owners designated representative shall be at their own risk and expense. The TPW PM shall furnish from
time to time such detail drawings and other information as considered necessary, unless otherwise
provided in the individual JO.
B. Where"as shown","as indicated","as detailed",or words of similar import are used,it shall be understood
that the reference is made to the drawings accompanying this Contract unle{�stated otherum—The-word;
"provided"as used herein shall be understood to mean"provide complete inlplace";that is,"furnished and
installed".
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C. Shop drawings means drawings submitted to the TPW PM by the Contractor, pursuant to the Contract,
showing in detail:
1. The proposed fabrication and assembly of structural elements and,
2. The installation(i.e.,form,fit,and attachment details)of materials or equipment.
3. The construction and detailing of elements of the work. It includes drawings, diagrams, layouts,
schematics,descriptive literature,illustrations, schedules, performance and test data, and similar
materials furnished by the Contractor to explain in detail specific portions of the work required by
the Contract. Owner may duplicate,use,and disclose in any manner, and for any purpose, shop
drawings delivered under this Contract.
D. The Contractor shall coordinate all shop drawings, and review them for accuracy, completeness, and
compliance with Contract requirements and shall indicate approval thereon as evidence of such
coordination and review. Shop drawings submitted to the TPW PM without evidence of the Contractors
approval may be returned for resubmission. The TPW PM will indicate approval or disapproval of the shop
drawings and if not approved as submitted shall be indicated. Approval by the TPW PM shall not relieve
the Contractor from responsibility for any errors or omissions in such drawings, nor from responsibility for
complying with the requirements of this Contract,except with respect to variations described and approved
in accordance with Paragraph E below.
E. If shop drawings show variations from the Contract requirements, the Contractor shall describe such
variations in writing,separate from the drawings, at the time of submission. If the TPW PM approves any
such variation, the TPW PM shall issue an appropriate contract modification, except that,if the variation is
minor and does not involve a change in price or in time of performance, a modification need not be issued.
F. The Contractor shall submit to.the TPW PM for approval, an appropriate number of copies as directed by
the JO(unless otherwise indicated herein)of all shop drawings as called for under the various headings of
these specifications.Sets of all shop drawings will be retained by the TPW PM and one set will be returned
to the Contractor.
G. Omissions from the drawings or specifications or the misdescription of details of work which are manifestly
necessary to cavy out the intent of the drawings and specifications, or which are customarily performed,
shall not relieve the Contractor from performing such omitted or misdescribed details of the work but they
shall be performed as if fully and correctly set forth and described in the drawings and specifications.
H. The Contractor shall check all drawings furnished him immediately upon their receipt and shall promptly
notify the TPW PM or the TPW BCM of any discrepancies. Figures marked on drawings shall, in general,
be followed in preference to scale measurements. Large-scale drawings shall, in general, govern small
scale drawings. The Contractor shall compare all drawings and verify the figures before laying out the work
and will be responsible for any errors which might have been avoided thereby.
ARTICLE 6
USE OF SPECIFICATIONS,DRAWINGS,AND NOTES
All drawings(to include as-built drawings), note books,technical and scientific data provided to the Contractor or
developed by the Contractor pursuant to this Contract and all photographs, negatives, reports, findings,
recommendations, data and memoranda of every description relating thereto, as well as all copies of the
foregoing relating to the work or any part thereof,shall be the property of the Owner and may be used by the
Owner for any use whatsoever without any claim by the Contractor for additional compensation. The Contractor
shall not use any documents listed above for any purpose outside the scope of this Contract without the prior
written consent of the City of Fort Worth,
ARTICLE 7
OWNER-FURNISHED DOCUMENTS
The following quantities of the Contract Documents will be provided to the Contractor at no additional expense
after execution of the Contract:
Document Quantity
Contract and Standard Design/Construction Criteria 1 copy
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ARTICLE 8
PERMITS AND RESPONSIBILITIES
The Contractor shall, without additional expense to Owner, be responsible for processing of drawings for
approval by the applicable jurisdictions,and for obtaining necessary license and permits,and for complying with
any Federal, State and municipal laws, codes, and regulations applicable to the performance of the Work. The
Contractor shall also be responsible for all damages to persons or property that occur as a result of the
Contractors or subcontractors fault or negligence, and shall take proper safety and health precautions to
protect the Work, the workers,the public, and the property of others. The Contractor shall also be responsible
for all materials delivered and work performed until completion and acceptance of the entire Work, except for
any completed unit-of-work which may have been accepted under the Contract. Permits will be required for all
work,but the permit fees will be waived. (See Inner Office Correspondence(IOC)Attachment H)
ARTICLE 9
MATERIAL AND WORKMANSHIP
A. All equipment,material, and articles incorporated in the Work covered by this Contract shall be new and of
the most suitable grade for the purpose intended, unless otherwise specifically provided in this Contract.
References in the specifications to equipment, material, article,or patented process by trade name,make,
or catalog number, shall be regarded as establishing a standard of quality and shall not be construed as
limiting competition. The Contractor may, with Owners written approval, use any equipment, material,
article, or process that, in the judgment of the TPW PM or TPW BCM, is equal to that named in the
specifications,unless otherwise specifically provided in this Contract.
B. The Contractor shall obtain the TPW PM, resident staff Archilect/Engineees, or Architect/Engineer-of-
Record approval of the machinery and other equipment to be incorporated into the Work. When requesting
approval, the Contractor shall furnish to the TPW PM, TPW BCM,or resident staff Architect/Engineer the
name of the manufacturer,the model number,and other information concerning the performance,capacity,
nature, and rating of the machinery and mechanical and other equipment. When requesting approval,the
Contractor shall provide full information concerning the material or articles. Attachment H, Construction
Submittal, shall be used for all material approval at the Contractor's expense, with all shipping charges
prepaid. Machinery, equipment, material and articles that do not have the required approval shall be
installed or used at the risk of subsequent rejection.
C. All work under this Contract shall be performed in a skillful and workmanlike manner in conformance of
industry standards and the individual JO. The Contractor will use its reasonable best efforts to hire local
laborers,workmen and materialmen skilled in the type of work to be accomplished.
ARTICLE 10
TESTING OF MATERIALS
A. The Contractor shall be responsible for required testing of materials prior to delivery at the site of the Work,
including the design of concrete mixes. The Contractor will maintain a testing log which reflects the status
of all testing when required. Specific testing requirements will be determined by each individual JO. In
general,the JOC will give the Owner timely notice of its readiness and the date arranged for testing so the
Owner or Owners representative may observe the testing as identified in the individual JO. The Owner will
retain an independent testing laboratory to perform site testing of materials as required. Neither the
observation of the Architect-of-Record or Owner shall relieve the JOC from the obligations to perform the
work in accordance with the Contract Documents If after the commencement of work under a J0, the
Owner may determine that the work requires special inspection,testing,or approval not include previously
in the JO. The Owner will instruct the JOC to order such special inspection,testing,or approval or perform
the testing under the separate Owner testing contract, The Owner shall bear such costs of such
inspections,tests and approvals for tests required above the JOC standard testing requirements.
B. Testing of newly installed equipment and materials necessary to ensure proper function shall be considered
to be included in the R.S.Means Cost equipment and material.
C. Final acceptance of all equipment shall be the responsibility of TPW PM or TPW BCM and determined on
each individual JO. No project will be deemed to be complete until final approval. +
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ARTICLE 11
LAYOUT OF WORK
The Contractor shall verify dimensions and elevations indicated in Included in General Conditions unless modified
by individual J0. The Contractor shall verify dimensions and elevations indicated in layout of existing work. Before
ordering any material or doing any work,the JOC shall verify all measurements at the site or at the facility and shall be
wholly responsible for the correctness of same. Discrepancies between Drawings,Specifications,and existing
conditions shall be referred to the TPW/PM and TPWBCM for adjustment before work affected is performed. Failure to
make such notification shall place responsibility upon the Contractor to carry out work in satisfactory workmanship
manner at its sole expense. '
ARTICLE 12
SITE INVESTIGATION AND CONDITIONS AFFECTING THE WORK
A. The Contractor acknowledges that it has taken steps reasonably necessary to ascertain the nature and
location of the Work, and that they have investigated and satisfied themselves as to the general and local
conditions which can affect the Work or its cost including,but not limited to:
1. Conditions bearing upon transportation,disposal,handling,and storage of materials;
2. The availability of labor,water,electric power,and roads;
3. Historical weather patterns,river stages,fides or similar physical conditions at the site;
4. The conformation and conditions of the ground; and
5. The character of equipment and facilities needed preliminary to and during work performance.
B. No additional increase in the Contract amount will be allowed when existing or known conditions require a
certain amount of work to comply with the intent of the JO.
C. The Contractor also acknowledges that it has satisfied itself as to the character, quality, and quantity of
surface and subsurface materials or obstacles to be encountered insofar as this information is reasonably
ascertainable from an inspection of the site, including all exploratory work done, as well as from the
drawings and specifications made a part of this Contract and the individual J0.
ARTICLE 13
DIFFERING SITE CONDITIONS
The Contractor shall promptly, and before the conditions are disturbed, give a written notice to the TPW PM of
unknown physical conditions at the site, of an unusual nature, which differ materially from those ordinarily
encountered and generally recognized as inherent in work of the character provided for the JO.
A. The TPW PM and TPW BCM shall investigate the site conditions promptly after receiving the notice. If the
conditions do materially so differ and cause an increase or decrease in the Contractor's cost of,or the time
required for performing any part of the Work under this Contract,whether or not changed as a result of the
conditions,an equitable adjustment may be made and the JO modified in writing accordingly.
B. No request by the Contractor for an equitable adjustment to the JO under this Article shall be allowed,
unless the Contractor has given the written notice required.
C. No request by the Contractor for an equitable adjustment to the JO for differing site conditions shall be
allowed if made after final payment under this Contract.
ARTICLE 14
CONTRACT TERM
Owner may issue from time-to-time JO's to the Contractor pursuant to this Contract. Unless specifically
provided otherwise in the JO, the JO shall also constitute a Notice to Proceed (NTP) unless modified by
individual JO. The term of this Contract shall commence on the Effective Date and shall continue for one (1)
year from the Effective Date or the last day of the Fiscal Year (FY) September 30, 2004, unless revised in
accordance with the terms and conditions of this Contract with options to extend.
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ARTICLE 15
OPTION TO EXTEND THE TERM OF THE CONTRACT
Notwithstanding any other provision of this Contract, Owner may renew the Contract performance period of this
Contract for four(4)additional one-year periods,provided that the Owner gives written notice of such renewal to
the Contractor prior to the expiration of the current Contract Term. The then current contract terns, including
warranty, shall apply to any such extension made pursuant to these provisions. Each Contract renewal, if
exercised by the Owner, shall be for no more than one(1)calendar year and will be accomplished by written
Contract Renewal Document. Adjustments to the first year coefficient factors for option years shall be as set
forth in Article 16 C,Compensation.
ARTICLE 16
COEFFICENT ADJUSTMENTS FOR OPTION YEARS
Adjustments for Option Year. The prices contained in the R. S. Means are firm and not subject to adjustment.
"rhe coefficient factors as set forth above are firm for the Contract Term, one(1) year after the Effective Date.
Adjustments to the coefficient factors for option years will be made at the time each option is exercised in
accordance with the following equation:
P1 =P x(1+f)
Where P1 =New coefficient percentage factor.
P=Coefficient percentage factor for initial year of the Contract or the last option year
(if an option has been exercised).
f=Index factor(may be positive or negative).
The index factor,f,shall be computed according to the following equation:
f=(CC IC-CCIi)/CCIi
Where CCIc is the last published RS Means Company"Means City Cost Index"for the City of Fort Worth for the
month prior to the effective date of the new contract option period. Where CCli is the RS Means Company
"Means City Cost Index"for the City of Fort Worth for the week,month,and year of the initial contract award,or,
if an option has been previously exercised,the effective date of the preceding option period.
If publication of the index is discontinued, Owner and the Contractor will negotiate a replacement Uniform Price
Book, adjustment index or a new contract provision. If an agreement cannot be reached, this Contract shall
expire at the end of the current option period.
ARTICLE 17
INVOICING AND PAYMENTS
A. Owner shall make progress payments monthly as the Work proceeds, or at more frequent intervals as
determined by the TPW PM or TPW BCM. If requested, the Contractor shall furnish a breakdown of the
total JO price showing the amount included therein for each principal category of the Work, in such detail
as requested to provide a basis for determining progress payments. In the preparation of estimates, the
TPW PM may authorize material delivered on the site and preparatory work done to be taken into
consideration if:
1. Consideration is specifically authorized by the JO:
2. The Contractor furnishes satisfactory evidence that it acquired title to such material and that the
material will be used to perform the JO;and.
3. The Contractor furnishes satisfactory evidence that title to such material has passed to it.
B. In making these progress payments, there shall be retained five percent (5%) of the estimated amount
until final completion and acceptance of the JO. However, if the TPW PM finds that satisfactory progress
was achieved during any period for which a progress payment is to be made, the TPW PM may authorize
payment to be made in full without retention. When the Work is substantially complete,the TPW PM shall
retain an amount that the TPW PM considers adequate protection of the Owner and may release to the
Contractor all or a portion of any excess amount.
C. All material and work covered by progress payments made shall,at the time of payment,becometl*sole
property of Owner,but this provision shall not be construed as:
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1. Relieving the Contractor from the sole responsibility for all material and work upon which payments
have been made or the restoration of any damaged work;or
2. Waiving the right of Owner to require the fulfillment of all of the terms of the Contract,
D. Owner shall pay the amount due the Contractor under a JO after:
1. Completion and acceptance of all the Work identified in the JO;
2. Presentation of a properly executed invoice;and
3. Presentation of release of all claims against Owner arising by virtue of this Contract,other than
claims,in stated amounts,that the Contractor has specifically excepted from the operation of the
release. A release may also be required of the assignee if the Contractor's claim to amounts
payable under this Contract has been assigned.Prior to final payment,the Contractor shall submit
in duplicate to the TPWPM or TPW BCM,the following completed forms,as applicable:
a. Contractor's Affidavit of Payment of Debts and Claims,AIA Document G706(See
Attachment"F").
b. Contractor's Affidavit of Release of Liens,AIA Document G706A.
c. Consent of Surety to Final Payment,AIA Document G707.
d. Subcontractor's lien Releases-notarized
e. Contractor's(and subcontractor or supplier)notarized affidavit stating that no asbestos
building materials were used.
f. Maintenance and instruction manuals,if applicable.Three sets of each bound in a 3"
ring binder.
g. Final list of subcontractors(AIA Document G805).
E. The Contractor shall submit invoices,in duplicate,to the following address:
City of Fort Worth
Transportation and Public Works
Attn:Job Order Contracting TPW Project Manager
319 West 10th Street
Fort Worth,TX 76102
F. Notwithstanding anything in this Contract to the contrary,all payments to the Contractor shall be made in
accordance with Chapter 2251 of the Texas Government Code.The Contractor shall comply with the
requirements of Chapter 2251 of the Texas Government Code regarding payments to subcontractors.
G. Separate invoices are required for each JO,and each invoice shall contain the JO Number.
H. Owner is exempt from payment of any and all sales tax. A certificate of exemption and exemption number
will be furnished to the Contractor. Contractor's invoices shall not contain assessment of any of these taxes
and the Owner shall not be responsible for payment of any of such taxes.
1. Payments shall be considered made when Owner deposits the Contractor's payment in the mail. Payments
will be made within thirty(30)calendar days provided the requirements of these payment provisions are met.
ARTICLE 18
CONSTRUCTION SCHEDULE
As determined by individual J0.
ARTICLE 19
SUPERVISION BY CONTRACTOR
As determined by individual JO. The Contractor shall at a minimum employ a competent superintendent and
necessary tradesmen to be in attendance at the project site during the performance of work as required to provide
appropriate supervision of work. The superintendent shall be responsible for the coordination of the work of the trades,
subcontractors,and material men. The Contractor shall be responsible to the Owner for the acts and omissions of all
subcontractors,their agents,employees,and all other persons performing any of the work included in the JO. The
Contractor is solely responsible for successful completion of the JO in accordance with the Contract and Construction
Documents.
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ARTICLE 20
INSPECTION OF CONSTRUCTION
A. The Contractor shall maintain an adequate inspection system and perform such inspections as will ensure that the
Work called for conforms to JO requirements. The Contractor shall maintain complete inspection records and
make them available to Owner. All work shall be conducted under the general direction of the TPW PM. TPW
BCM,or the Resident ArchitectJEngineer and is subject to inspection and test at all places and at all reasonable
times before acceptance to ensure strict compliance with the terms of the Contract. The Contractor shall use
approved Daily Report and Rework forms to record the results of quality control and quality assurance inspections
and log items requiring rework and their status. These forms will be made available to Owner for review at any
time.
B. Owner inspections and tests are for the sole benefit of Owner and do not:
1. Relieve the Contractor of responsibility for providing adequate quality control measures;
2. Relieve the Contractor of responsibility for damage to or loss of the material before acceptance;
3. Constitute or imply acceptance;or
4. Affect the continuing rights of Owner after acceptance of the complete work under Paragraph H below.
C. The presence or absence of an inspector does not relieve the Contractor from any Contract requirement, nor is
the inspector authorized to change any term or condition of the specification without the TPW PM's written
authorization.
D. The Contractor shall promptly furnish, without additional charge, all facilities, labor, and material reasonably
needed for performing such inspections and tests as may be required by the Owner and determined by individual
JO. Owner may charge to the Contractor any additional cost of inspection or test when Work is not ready at the
time specified by the Contractor for inspection or test, or when prior rejection makes re-inspection or retest
necessary. Owner shall perform all inspections and tests in a manner that will not unnecessarily delay the Work.
Special,full size,and performance tests shall be performed as described in the individual JO's.
E. The Contractor shall, without charge, replace or correct work found by the inspections not to conform to JO
requirements,unless in the public interest the Owner consents to accept the work with an appropriate adjustment
in JO price.The Contractor shall promptly segregate and remove rejected material from the premises.
F. If the Contractor does not promptly replace or correct rejected work,Owner may:
1. By contract or otherwise,replace or correct the work and charge the cost to the Contractor;or
2. Terminate for default the Contractor's right to proceed under this Contract.
G. If,before acceptance of the enfire Work,the Owner decides to examine already completed work by removing it or
tearing it out, the Contractor,on request,shall promptly furnish all necessary facilities, labor,and material. If the
Work is found to be defective or non-conforming in any material respect due to the fault of the Contractor or its
subcontractors, the Contractor shall pay the expenses of the examination and of satisfactory reconstruction.
However,if the Work is found to meet Contract requirements,the TPW PM shall make an equitable adjustment for
the additional services involved in the examination and reconstruction, including, if completion of the Work was
thereby delayed,an extension of the period of performance time.
H. Unless otherwise specified in the JO,Owner shall make its best efforts to accept,as promptly as practicable after
completion and inspection,all work required by the JO or that portion of the Work the TPW PM determines can be
accepted separately.
ARTICLE 21
OPERATIONS AND STORAGE AREAS
The Contractor shall confine all operations(including storage of materials)to areas authorized or approved by the TPW
PM or TPW BCM. Specific requirements will be determined by individual JO.
ARTICLE 22
PROTECTION OF EXISTING VEGETATION,STRUCTURES,UTILITIES,AND IMPROVEMENTS
A. The Contractor shall preserve and protect all structures, equipment and vegetation (such as trees, shrubs, and
grass)on or adjacent to the work site, which are not to be removed and which do not unreasonably interfere with
the work required under the JO. Specific requirements will be determined by individ
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ARTICLE 23
CLEANING UP AND REFUSE DISPOSAL
The Contractor shall, at all times, keep the work area, including storage areas,free from accumulations of waste
materials. Specific requirements will be determined by individual JO.
SC-ARTICLE 24
WARRANTY OF CONSTRUCTION
A. In addition to any other warranties in this Contract or as modified by individual JO,the Contractor warrants that
work defect in equipment,material or design furnished,or workmanship performed by the Contractor or any of its
subcontractors or suppliers at any tier.
B. The warranties in this Article shall continue for a period of one(1)year from the date of final acceptance of the
Work depicted and described in the JO. All painting and roofing work shall be warranted for two(2)years form
the date of final acceptance of the work depicted or described in the JO.
C. The Contractor shall remedy at the Contractor's expense any failure to conform,or any defect. In addition,the
Contractor shall remedy at the Contractor's expense any damage to the Owner or controlled real or personal
property,when the damage is the result of:
1. The Contractor's failure to conform to Contract requirements;or
2. Any defect of equipment,material,workmanship,or design furnished.
D. The Contractor shall restore any work damaged in fulfilling the terms and conditions of this Article. The
Contractor's warranty with respect to work repaired or replaced will run for one(1)year from the date of repair or
replacement.
E. The TPW PM or TPW BCM shall notify the Contractor,in writing,within a reasonable time after the discovery of
any failure,defect,and/or damage.
F. If the Contractor fails to remedy any failure,defect,and/or damage within a reasonable time(but no later than an
agreed time)after receipt of notice by the Owner,the Owner shall have the right to replace, repair, and/or
otherwise remedy the failure,defect,and/or damage at the Contractor's expense.
G. With respect to all warranties,expressed or implied,from subcontractors,manufacturers,or suppliers for work
performed and material furnished for the JO,the Contractor shall:
1. Obtain all warranties that would be given in normal commercial practice;
2. Require all warranties be executed in writing for the benefit of City of Fort Worth;
3. Enforce all warranties for the benefit of City of Fort Worth.
ARTICLE 25
CHANGES
A. The Owner may,at any time,without notice to the sureties, if any, by written order designated or indicated to be a
change order,make changes in the work within the general scope of the JO,including changes:
1. In the specifications(including drawings and designs);
2. In the method or manner of performance of the Work;
3. In Owner-furnished facilities,equipment,materials,services,or site;or
4. Directing acceleration in the performance of the Work,
B. Any other written order or an oral order (which, as used in this paragraph, includes direction, instruction,
interpretation,or determination)from the Owner that causes a change shall be treated as notice stating the date,
circumstances,and source of the order and that the Contractor regards the order as a change order.
C. Except as provided in this Article, no order, statement, or conduct of the Owner shall be treated as a change
under this Article or entitle the Contractor to an equitable adjustment hereunder. The TPW PM or TPW BCM will
be the Owners representative for change orders.
D. If any change under this Article causes an increase or decrease in the Contractor's cost of, or the time required
for,the performance of any part of the Work under a JO,whether or not changed by any such order, the TPW PM
may, at the sole discretion of Owner, make an equitable adjustment and modify the JO in writing. However,
except for a"proposal for adjustment" (hereafter referred to as"proposal")based on defective specifications, no
proposal for any change under Paragraph B of this Article shall be allowed for any costs incurred more than
twenty(20)calendar days before the Contractor gives written nofice as required.
E. The Contractor must submit any proposal under this Article within thirty(30)calendar days after:
1. Receipt of a written change order under Paragraph A above;or
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2. The furnishing of a written notice under Paragraph B above, by submitting to the TPW BCM a written
statement describing the general nature and amount of the proposal, unless this period is extended by
TPW PM. The statement of proposal for adjustment may be included in the notice under Paragraph B
above.
F. No proposal by the Contractor for an equitable adjustment shall be allowed if asserted after final payment for a
JO,or not asserted in compliance with this Article.
ARTICLE 26
SUSPENSION OF WORK
A. The TPW PM or TPW BCM may order the Contractor, in writing,to suspend, delay,or interrupt all or any part of
the Work for the period of time that the TPW PM or TPW BCM determines appropriate for the convenience of the
Owner.
B. If the performance of all or any part of the Work is,for an unreasonable period of time, suspended,delayed, or
interrupted by an act of the Owner in the administration of a JO, or by the Owner's failure to act within the time
specified in the JO(or within a reasonable time if not specified), an adjustment may be made for any increase in
the cost of suspension, delay, or interruption, and the JO may be modified in writing accordingly. However, no
adjustment shall be made under this clause for any suspension, delay, or interruption to the extent that
performance would have been so suspended, delayed, or interrupted by any other cause, including the fault or
negligence of the Contractor, or for which an equitable adjustment is provided for or excluded under any other
term or condition of this Contract or the individual JO.
C. A claim under this Article shall not be allowed for any costs incurred more than twenty(20)calendar days before
the Contractor shall have notified the TPW PM in writing of the act or failure to act involved(but this requirement
shall not apply as to a claim resulting from a suspension order), and unless the claim, in an amount stated, is
asserted in writing as soon as practicable after the termination of such suspension, delay,or interruption, but not
later than the date of final payment under the JO.
ARTICLE 27
DISPUTES
Any dispute concerning a question of fact arising under the Contract or an individual JO which is not
disposed of by agreement will be decided by the TPW PM,who will reduce his decision to writing and mail or otherwise
furnish a copy thereof to the Contractor. The decision of the TPW PM will be final unless,within thirty(30)calendar
days from the date of receipt of such copy,the Contractor mails or otherwise furnishes to the Owner a written appeal
addressed to the TPW PM. The Director of TPW will hear the Contractor's appeal and make a final decision. In
connection with any appeal proceeding under this Article,the Contractor will be afforded an opportunity to be heard
and to offer evidence in support of their appeal. Pending final decision of a dispute hereunder, the Contractor shall
proceed diligently with the performance of Work in accordance with the TPW PM's decision. This Disputes Article
does not preclude consideration of questions of law in connection with decisions provided for above. Nothing in this
Contract, however, shall be construed as making final the decision of any administrative official, representative, or
committee on a question of law. :
Mediation procedures and relief are as follows: Non-binding mediation will be invoked in compliance with state statute
in lieu of legal remedies in accordance with rules,statutes,and policies regarding alternative disputes resolution. The
Owner and Contractor will agree to share equally the cost of the licensed and certified mediator. Each party will make
recommendation to the other for the mediator and collectively agree upon the mediator acceptable to both parties. The
resume and background information for the mediator will include the following as a minimum:
1. Name
2. Location
3. References
4. History of construction disputes resolution/years in practice
Each party will fully document their objection to the suggested mediator.
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ARTICLE 28
TERMINATION FOR CONVENIENCE OF OWNER
A. Owner may, at any time, terminate this Contract, or any individual JO, or part of a JO, issued pursuant to this
Contract for convenience and without cause.
B. Upon receipt of written notice from the TPW PM of termination pursuant to this Article,the Contractor shall:
1. cease operations as directed by notice;
2. take actions necessary,or that the Owner may direct,for the protection and preservation of the Work;and
3. except for Work directed to be continued under an individual JO or to be performed prior to the effective
date of termination stated in the notice,terminate all existing subcontracts and purchase orders and enter
into no further subcontracts and purchase orders.
C. In case of such termination for Owner's convenience under this Article,the Contractor shall be entitled to receive
payment for the Work executed, and costs incurred by reason of such termination. The Contractor shall not be
paid on account of loss of anticipated profits or revenue for Work not executed,or other economic loss arising out
of or resulting from such termination.
ARTICLE 29
DEFAULT
A. If the Contractor refuses or fails to prosecute the Work under a JO, or any separable part, with the diligence that
will ensure its completion by the Completion Date, including any extension,or fails proceed with the Work under
the JO (or separable part of the Work)that has been delayed,Owner may take over the Work and complete it by
contract or otherwise and may take possession of and use any materials, appliances, and plant on the work site
necessary for completing the Work. The Contractor shall be liable for any damage to Owner resulting from the
Contractor's refusal or failure to complete the Work within the specified time,whether or not the Contractor's right
to proceed with the Work is terminated. This liability includes any increased costs incurred by Owner in
completing the Work, but does not include indirect, consequential or special damages. If the unpaid balance of
any JO subject to termination under this Article exceeds the costs of finishing the Work in the JO, including
compensation for Architect-or Engineer-of-Record's services and expenses made necessary thereby, and other
damages incurred by Owner and not expressly waived, such excess shall be paid to the Contractor. The amount
to be paid the Contractor or Owner,as the case may be,shall be certified by the TPW PM, upon application,and
this obligation for payment shall survive the termination of this Contract.Is there insurance for consequential etc?)
B. The Contractor's right to proceed shall not be terminated nor the Contractor charged with damages under this
Article, if:
1. The delay in completing the Work arises from unforeseeable causes beyond the control and without the
fault or negligence of the Contractor. Examples of such causes include:
a. acts of God or of the public enemy;
b. acts of Owner in its contractual capacity;
c. acts of another Contractor in performance of a contract with Owner;
d. fires;
e. floods;
f. epidemics;
g. quarantine restrictions;
h. strikes;
i. freight embargoes;or
j. unusually severe weather (The basis used to define normal weather will be data showing high
and low temperatures, precipitation, and number of days of severe weather in the Tarrant
County area for the previous ten (10) years, as compiled by the United States Department of
Commerce Nation Weather Service.),or
2. The Contractor,within five(5)calendar days from the beginning of any such delay(unless extended by the
TPW PM), notifies the TPW PM in writing of the causes of delay.The TPW PM shall ascertain the facts
and the extent of delay. If, in the judgment of the TPW PM, the findings of fact warrant such action, the
time for completing the Work shall be extended. The findings of the TPW PM shall be final and conclusive
on the parties,but subject to appeal under the Disputes Article.
C. If, after termination of the Contractor's right to proceed, it is determined that the Contractor was not in default,or
that the delay was excusable,the rights and obligations of the parties will be the sa to-5,7. a–T,—
been issued for the convenience of Owner. j `
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D. If the unpaid balance of any JO subject to termination under this Article exceeds the costs of finishing the Work in
the JO, including compensation for Architect-or Engineer-of-Record's services and expenses made necessary
thereby, and other damages incurred by Owner and not expressly waived, such excess shall be paid to the
Contractor.
E. The rights and remedies of Owner in the Article are in addition to any other rights and remedies provided by law or
under this Contract.
F. If the unpaid balance of any JO subject to termination under this Article is less than the costs of finishing the Work
in the JO, including compensation for Architect-or Engineer-of-Record's services and expenses made necessary
thereby, and other damages incurred by Owner and not expressly waived, the Contractor shall pay to Owner the
difference between the cost to complete and the unpaid balance within 7 working days of receipt by the Contractor
of an invoice.
ARTICLE 30
SAFETY
A. The Contractor shall be responsible for compliance with all safety rules and regulations of the Federal
Occupational Safety and Health Act and those of City of Fort Worth and all applicable State and local laws. All
specific safety requirements will be covered in the General Conditions unless modified by the individual JO.
ARTICLE 31
USE AND POSSESSION PRIOR TO COMPLETION
A. Owner shall have the right to take possession of or use any completed or partially completed part of the Work.
Before taking possession of or using any work,the TPW BCM shall furnish the Contractor a list of items of work
remaining to be performed or corrected on those portions of the Work that Owner intends to take possession of or
use. However,failure of the TPW BCM to list any item of work shall not relieve the Contractor of responsibility for
complying with the terms of this Contract and the individual JO. Owner's possession or use shall not be deemed
an acceptance of any work under this Contract.
B. While Owner has such possession or use, the Contractor shall be relieved of the responsibility for the loss of or
damage to the Work resulting from said possession or use by the Owner, notwithstanding the terms of the Article
in this Contract entitled"Permits and Responsibilities". If prior possession or use by Owner delays the progress of
the Work or causes additional expense to the Contractor,an equitable adjustment may be made in the JO price or
the time of completion,and the JO may be modified in writing accordingly.
ARTICLE 32
CONTRACTOR'S INSURANCE
INSURANCE: The Contractor shall not commence work under this contract until he has obtained all
insurance required under the Contract Documents, and such insurance has been approved by the Owner. The
Contractor shall indicate on the certificate of insurance included in the documents for execution whether or not his
insurance covers sub-contractors. If subcontractors are not covered,it is the intention of the Owner that the insurance
coverage required herein shall include the coverage of all sub-contractors. The Contractor shall be responsible for
delivering to the Owner the sub-contractor's certificate of insurance for approval.
a. COMPENSATION INSURANCE: The Contractor shall maintain, during the life of this contract,
Worker's Compensation Insurance on all of his employees to be engaged in work on the project under this contract,
and for all sub-contractors. In case any class of employees engaged in hazardous work on the project under this
contract is not protected under the Worker's Compensation Statute,the Contractor shall provide adequate employer's
general liability insurance for the protection of such of his employees not so protected.
b. COMPREHENSIVE GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall
maintain during the life of this contract, Comprehensive General Liability Insurance (Public Liability and Property
Damage Insurance) in the amount not less than $500,000 covering each occurrence on account of bodily injury,
including death, and in an amount not less than$500,000 covering each occurrence on account of property damage
with$2,000,000 umbrella policy coverage.
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C. ADDITIONAL LIABILITY: The Contractor shall furnish insurance as a separate policy or by
additional endorsement to one of the above-mentioned policies, and in the amount as set forth for public liability and
property damage,the folloWng insurance:
1. Contingent Liability(covers General Contractor's Liability for acts of sub-contractors).
2. Blasting,prior to any blasting being done.
3. Collapse of buildings or structures adjacent to excavation (if excavation are performed
Jacent to same),
4. Damage to underground utilities for$500,000.
5. Builder's risk(where above-ground structures are involved).
6. Contractual Liability(covers all indemnification requirements of Contract).
d. AUTOMOBILE INSURANCE-BODILY INJURY AND PROPERTY DAMAGE: The Contractor shall
procure and maintain during the life of this Contract, Comprehensive Automobile Liability Insurance in an amount not
less than $250,000 for injuries including accidental death to any one person and subject to the same limit for each
person an amount not less than$500,000 on account of one accident, and automobile property damage insurance in
an amount not less than$100,000.
e. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above
paragraphs shall provide adequate protection for the Contractor and his sub-contractors,respectively,against damage
claims which may arise from operations under this contract, whether such operations be by the insured or by anyone
directly or indirectly employed by him,and also against any of the folloWng special hazards which may be encountered
in the performance of the Contract:
(As may be required due to specific site and/or work)
f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory
proof of coverage by insurance required in these Contract Documents in the amounts and by carriers satisfactory to
the Owner. (Sample attached.) All insurance requirements made upon the Contractor shall apply to the sub-
contractors,should the Prime Contractor's insurance not cover the sub-contractor's work operations.
g. LOCAL AGENT FOR INSURANCE AND BONDING: The insurance and bonding companies with
whom the Contractor's insurance and performance,payment, maintenance and all such other bonds are written, shall
be represented by an agent or agents having an office located within the city limits of the City of Fort Worth, Tarrant
County,Texas. Each such agent shall be a duly qualified,one upon whom authority and power to act on behalf of the
insurance and/or bonding company to negotiate and settle with the City of Fort Worth, or any other claimant, and
claims that the City of Fort Worth or other claimant or any property owner who has been damaged,may have against
the Contractor,insurance, and/or bonding company. If the local insurance representative is not so empowered by the
insurance or bonding companies,then such authority must be vested in a local agent or claims officer residing in the
Metroplex, the Fort Worth-Dallas area. The name of the agent, or agents shall be set forth on all such bonds and
certificates of insurance.
h. ADDITIONAL INSURANCE REQUIREMENTS:
1. The City,its officers, employees and servants shall be endorsed as an additional insured
on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's
workers'compensation insurance policy.
2. Certificates of insurance shall be delivered to the City of Fort Worth, contract
administrator in the respective department as specified in the bid documents,1000 Throckmorton Street,Fort
Worth,TX 76102,prior to commencement of work on the contracted project.
3. Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
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4. Each insurance policy shall be endorsed to provide the City a minimum thirty days notice
of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be
acceptable in the event of non-payment of premium.
5. Insurers must be authorized to do business in the State of Texas and have a current
A.M.Best rating of A:VII or equivalent measure of financial strength and solvency.
6. Deductible limits, or self-funded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
7. Other than worker's compensation insurance, in lieu of traditional insurance, City may
consider alternative coverage or risk treatment measures through insurance pools or risk retention groups.
The City must approve in writing any alternative coverage.
8. Workers'compensation insurance policy(s)covering employees employed on the project
shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City.
9. City shall not be responsible for the direct payment of insurance premium costs for
contractor's insurance.
10. Contractor's insurance policies shall each be endorsed to provide that such insurance is
primary protection and any self-funded or commercial coverage maintained by City shall not be called upon
to contribute to loss recovery.
11. In the course of the project,Contractor shall report,in a timely manner,to City's officially
designated contract administrator any known loss occurrence which could give rise to a liability claim or
lawsuit or which could result in a property loss.
12. Contractor's liability shall not be limited to the specified amounts of insurance required
herein.
13. Upon the request of City, Contractor shall provide complete copies of all insurance
policies required by these contract documents.
ARTICLE 33
INDEMNIFICATION
Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the
project site for Contractor's sole negligence. In addition,Contractor covenants and agrees to indemnify,hold harmless
and defend, at its own expense, the Owner,its officers,servants and employees,from and against any and all claims
or suits for property loss,property damage,personal injury,including death,arising out of,or alleged to arise out of,the
work and services to be performed hereunder by Contractor,its officers, agents,employees,subcontractors, licensees
or invitees,whether or not any such iniury, damage or death is caused,in whole or in part,by the negliqence or
alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to
indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and
employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the
terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by
the negliqence oralleged negligence of Owner,its officers,servants or employees..
In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final
payment, final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the
claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from
Contractor's liability insurance carrier that the claim has been referred to the insurance carder,
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.
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Contractor's damages shall be limited to the insurance coverage required herein. The insurance shall be dedicated to
this contract and shall not be reduced as a result of claims made on any other contract.
The limit of liability and damages for which CONTRACTOR shall have liability and exposure to the CITY shall be
limited both as to the scope of insurance coverage provided in the policy(ies)of insurance of CONTRACTOR and as
to the limits of liability called for in the policy(ies)provided.Attached hereto and incorporated herein by reference are
the declarations pages of any policies CONTRACTOR has tendered pursuant to this AGREEMENT.CITY accepts as
adequate and compliant the attached policy(ies)of insurance from CONTRACTOR.
Reference is here made to the Indemnification clause(Article 16)in the JOB ORDER CONTRACTING AGREEMENT
CITY OF FT.WORTH of even date herewith,by and between the parties.These Indemnification clauses shall be
harmonized.Any contradiction between this Indemnification clause in Article 33 of this document entitled GENERAL
CONDITIONS FOR CONTRACT and the Indemnification clause in Article 16 of the JOB ORDER CONTRACTING
AGREEMENT CITY OF FT.WORTH shall be resolved in favor of Article 33 of the GENERAL CONDITIONS FOR
CONTRACT.
ARTICLE 34
WAGE RATES
In compliance with the laws of Texas relating to Labor,the Contractor and each Subcontractor shall pay to all
laborers, workmen and mechanics employed by them in execution of this contract not less than the rates of pay
determined to be the prevailing wages in4he area of the construction site in the State of Texas for each craft or type of
workman,mechanic and apprentice required to execute this contract.
The prevailing rates of wages shall be paid on the project in conformity with the laws of the State of Texas
including but not limited to Tex.Gov't Code,Chapter 2258.
ARTICLE 35
CONTRACT ORDER OF PRECEDENCE
In the event of an inconsistency between provisions of this Contract,the inconsistency shall be resolved by
giving precedence in the following order:
1.Contract Modifications,if any;
2.The Contract Articles;
3. Individual Job Orders:
4.General Conditions;
5 Technical Specifications/Scope of Services;
6. Drawings;and
7.City of Fort Worth Standard Design Criteria,(See Attachment"E")
ARTICLE 36
ATTACHMENTS
The Attachments referred to in this Contract and attached hereto are incorporated herein for all purposes.
ARTICLE 37
ENGINEERING AND ARCHITECTURAL SERVICES
For any JO, Owner shall always have the option, at any time during the course of the Work, to name its
resident staff Architect/Engineer as the supervising architect(s) and/or engineer(s) for the JO, either in the JO or in
another writing issued by Owner. If no resident staff Architect/Engineer is designated in the JO or other writing issued
by Owner for a job set out in a JO,then the Contractor shall provide all required architectural and engineering services
as required by Texas Education Code Subsection 44.041(i),which is incorporated herein for all purposes as if set forth
at length.
ARTICLE 38
NO DAMAGES FOR DELAY
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Not withstanding anything to the contrary contained herein,the Contractor shall never be entitled to any compensation
or damages for delay of any nature. In that regard, the Contractor shall receive no compensation for delays or
hindrances to the work,except when direct and unavoidable extra cost to the Contractor is caused by the failure of the
City to provide information or material. If any,which is to be furnished by the City. When such extra compensation is
claimed a written statement thereof shall be presented by the Contractor to the Engineer and if by him found correct
shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the
Council shall be final and binding. If delay is caused by specific orders given by the Engineers to stop work,or by the
performance of extra work,or by the failure of the City to provide material or necessary instructions for carrying on the
work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall,
however, be subject to the approval of the City and no such extension of time shall release the Contractor or the surety
on his performance bond from all his obligations here under which shall remain in full force until the discharge of the
contract.
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ATTACHMENT"A"
CONTRACT PRICING/COEFFICIENTS
The Contractor shall furnish all supervision, labor, materials, tools, supplies, equipment, transportation,
bonds, insurance,including taxes, overhead&profit to perform all operations necessary and required for the Job Order
Construction Contract in accordance with the terms and conditions of the proposed Contract, and as further specified
in individual Job Orders.
Contractor Name WILLIAMS&THOMAS,INC.DBA JAMAIL CONSTRUCTION
A. Coefficient for Standard Hours: 0.82
B. Coefficient for Non-Standard Hours: 0.85
The actual pricing for work performed under this Contract will be based on the unit rates contained in the current
volume of the R.S.Means "Facilities Construction Cost Data"manual,including the applicable Coefficient factor as
set forth above, multiplied by the City Cost index (City of Fort Worth, Tarrant County, Texas), and the quantifies
mutually agreed to by the Contractor and City of Fort Worth prior to issuance of a Job Order.
Hours of Work: Standard hours of work will be from 7:30 a.m.to 5:00 p.m.,Central Standard time, Monday,
through Friday,unless alternate standard hours are agreed to for an individual Job Order. Hours worked before 7:30
a.m, and after 5:00 p.m., Monday through Friday, and all hours worked on Saturdays,Sundays, as well as scheduled
school holidays will be considered non-standard hours, contingent on Contractor having worked a forty (40) hour
workweek for non-holiday workweeks. The Contractor will be required to notify the TPW Project Manager or their
authorized representative, in wrifing, a minimum of twenty-four (24) hours in advance when planning to work non-
standard work hours. Any work necessary on non-standard hours to maintain project schedules, due to Contractor
delay,shall be performed without additional cost to Owner.
Any Job Order issued under this Contract will be considered a Separate Contract in accordance with the
Texas Tax Code. Prior to award of a Job Order price, separating "Materials Incorporated Into the Project' from "All
Other Charges".
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ATTACHMENT"B"
SCOPE OF SERVICES
1.0 GENERAL INFORMATION
This is a fixed unit price, indefinite quantity type contract for the performance of a broad range of maintenance, repair,
alteration,renovation,and new construction work on an as-needed basis as may be required by the City of Fort Worth.
The specific work requirements will be identified in each individual Job Order(JO)to be issued by City of Fort Worth.
2.0 DOCUMENTS
The following documents shall be used in the execution of work under this Contract:
2.1 R.S.Means,"Facilities Construction Cost Data,"current volume.
2.2 City of Fort Worth, Facilities Management, Architectural Section design/construction standards and
guidelines to be included in this contract. Attachment E.
3.0 JOB ORDERS
Any work required under this Contract shall be ordered by issuance of formal,written JO,as follows:
3.1 As the need exists for performance under the terms of this Contract,the TPW Project Manager(PM)
will notify the Contractor of an existing requirement in writing.
3.2 Upon the receipt of this notification, the Contractor shall respond within two (2) working days, or as
otherwise instructed by the TPW PM,by:
3.2.1 Visiting the proposed site in the company of the TPW PM or TPW BCM;
3.2.2 Establishing contact with the TPW PM to further define the scope of the requirement.
3.3 Upon establishment of the scope of the individual requirement, the Contractor shall then prepare a
proposal for accomplishment of the task.
3.4 The R.S.Means, "Facilities Construction Cost Data" manual, Contractors coefficient factor and
City Cost Index (Fort Worth), shall serve as the basis for establishing the value of the worts to be
performed.
3.5 The Contractor's proposal shall be submitted within five (5)working days unless otherwise specified
by the TPW PM.
3.6 Upon receipt of the Contractor's proposal, TPW PM will review the proposal for completeness and will
reach agreement with the Contractor on pricing,schedule,and all other terms,prior to issuance of the
J0. The schedule of work will be addressed in each individual JO.
3.7 In the event the Owner does not issue a JO after receipt of Contractor's proposal, Owner is not
obligated to reimburse the Contractor for any costs incurred in the preparation of the proposal.
4.0 SCHEDULING OF WORK
4.1 Unless specified otherwise in the JO, each JO will include a Notice to Proceed (NTP) specified in
therein, or in a separate NTP, if applicable. Any preliminary worts started or materials ordered or
purchased before receipt of the JO, or NTP shall be at the risk and expense of the Contractor. The
Contractor shall diligently prosecute the Work to completion within the time set forth in the JO and the
schedule determined at the time of JO issuance, The period of performance includes allowance for
mobilization,holidays,weekend days,inclement weather,and cleanup.
Therefore, claims for delay based on these elements will not be allowed. When the Contractor
considers the Work complete and ready for its intended use, the Contractor shall request Owner
(TPW BCM)inspection of the Work to determine the status of completion. When Owner(rPW BCM)
determines the Work to be substantially complete, Owner will issue a Certificate of Substantial
Completion with a list of items to be completed or corrected prior to final payment for the JO. The
Contractor shall proceed promptly to complete and correct items on the list.
4.2 Delivery of materials and equipment shall be made without interference to City of Fort Worth
operations and personnel.
4.3 Furniture and portable office equipment in the immediate work area will be moved by the Contractor
and replaced to its original location. If the furniture and portable office equipment cannot be replaced
to its original location,TPW PM or TPW BCM will designate new locations.
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4.4 The Contractor shall take all precautions to ensure that no damage will result from its operations to
private or public property. All damages shall be repaired or replaced by the Contractor at no cost to
Owner,
4.5 The Contractor shall be responsible for providing all necessary traffic control, such as street
blockages, traffic cones, flagmen,etc.,as required for each JO, if applicable, at no additional cost to
Owner. Proposed traffic or operational control methods shall be submitted to TPW PM for final
approval.
5.0 QUALITY ASSURANCE/QUALITY CONTROL PROGRAM
The Contractor shall submit,for Owner approval, a Quality Assurance/Quality Control Plan within fifteen(15)
calendar days after Contract Award. This plan should address all aspects of quality control including responsibility for
surveillance of work,documentation,trend analysis,corrective action and interface with TPW BCM inspectors.
6.0 RESIDENT JOB ORDER CONTRACTOR"S PROJECT MANAGER
The Contractor's resident Project Manager(JOC PM)shall be knowledgeable in multiple disciplines including
electrical, mechanical, HVAC, paving, landscaping, painting, roofing and plumbing. The JOC PM's background and
credentials must be acceptable to Owner. One of the responsibilities of the resident JOC PM would be to complete all
tasks required for permitting and ensuring Work is in compliance with all applicable codes.
7.0 WORK BY OWNER
Owner reserves the right to undertake or award contracts for the performance of the same or similar type
work as contemplated herein,and to do so will not breach or otherwise violate this Contract
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ATTACHMENT"C"
KEY STAFF MEMBERS
TPW PM John V. Dawson (817)392-8088
TPW BCM TBD by individual JO
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ATTACHMENT"D"
Insert Cover Page from R.S.Means Unit Price Book
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ATTACHMENT"E"
FACILITY DESIGN CONSTRUCTION GUIDE
City of Fort Worth
Transportation/Public Works Department
Architectural Services Section
ORIGINAL DATE: October 21,2003
REVISED: 9/9/2002 for JCI from DR comments
10114/02`Fire Station S revisions
2/19/03
3/4/03
5/13/04 Sealed recessed light fixtures
10/21/03 Remove front end,remove separate HVAC from electronic equipment
TECHNICAL SPECIFICATIONS
0100 GENERAL REQUIREMENTS
1. Utility Service: The Architect, through the respective engineer, is responsible for arranging site
utilities,including electrical,gas,water and sewer.
2. Contact information,including name,company,phone,will be provided on the Site Plan.
3. Contractor will be responsible for including in their proposal all service fees for the design shown
on the plans. This requires the engineer to coordinate well ahead of bid date.
4. The City of Fort Worth will pay directly for the water and sewer taps and meters and electrical and
gas service fees.
0130 Submittals
1. Shop Drawings will be submitted directly to the Architect-of-Record (AOR). AOR will review and
return them directly to the Contractor with a copy directly to the TPW Building Construction
Manager(BCM).
2. MEP and finish Shop Drawings will also be submitted to the TPW BCM who will
coordinate the City's review and send comments to the AOR for incorporation into the Architect's
review comments.The TPW BCM may request additional submittals as necessary to assure City's
review prior to approval by the AOR.
3. All record drawings will be forwarded to AOR directly for editing and submittal to the TPW BCM.
4. Alternate materials will be reviewed and approved as part of shop drawing and submittal process.
Contractors may request approval of alternate during proposal process, but the AOR will not be
pushed to approve alternates without full review material or at the last minute.
0140 Quality Control
1. TPW BCM to inspect and administer the Project during construction.
2. Warranty inspection at 10th month upon substantial completion with AOR and contractor. Unless
otherwise directed,all materials testing will be under a separate contract paid for by the City.
0150 Construction Facilities and Temporary Controls(If Required)
1. Contractor will provide project trailer,telephone and fax at no cost to the City.
0170 Contract Close-out
1. Will require CO,Final Inspection,Waivers from Subs and Consent of Surety.
2. Field marked-up plans to AOR so they can edit to Record Drawings.
3. Contract time stops on CO provided facility can be fully used by Client.
4. All Record Drawings must be submitted and approved prior to final payment.
0200 SITE
1. Pavement to be concrete with lime stabilized sub-grade.
2. Curbs on all edges.
3. Non-tacking Joint filler.
4. Landscaping and irrigation will be in base proposal,not an alternate.
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5. Fences to be masonry or fiberglass rail for low maintenance. If installing cedar fence, a lfoot
concrete mow strip must be included.
6. Steel railings w/shimmed sleeve,non-shrink grout and specified sealant on all porches,ramps and
stairs.
7. Accessibility ramps to be concrete, not wood.
B. No pavestone or brick walkways without concrete sub-slab.
9. Limit shrubs, trees near building to prevent future damage to siding. Plant dwarf shrubs at
perimeter of building to protect foundation.
10. Water control:
10,1. 'If the facility is located in a flood plain,coordinate all civil design with Transportation and
Public Works Development Activities Division.
10.2. All new buildings shall receive a bronze dedication plaque as directed.
10.3. Where feasible, extend downspouts from roof underground to storm drainage structures
to prevent water infiltration under the building. Provide lower level clean-outs. Provide
boots for all downspouts.
11. Erosion Control:
11.1. Sites 1-acre or larger need a permit (February 2003-known as Phase II). Current City
ordinances prohibit discharges of dirt to the storm drain system(and the street is defined
as a part of the storm drain).
11,2. Install structures to prevent dirt, silt, etc, from leaving the site. Such discharges are a
Class C criminal misdemeanor carrying a$2,000 fine,per violation.
12. References to City Standard or NCTCOG or TDH Standard Specifications will not be used. Full
specification language will be included
0300 CONCRETE FOUNDATION
1, Suspended structural slab on drilled piers is preferred foundation.
2. Grade beams poured separately and tied to slab with reinforcement.
3. Slabs fully suspended on carton forms.
3.1. Unless the soil tests indicate that a slab on grade can be designed without movement, all
floors shall be structural slabs.
0400 MASONRY
1. Use glazed concrete block in lieu of ceramic tile on outside of building.
2. Brick exterior with CMU back-up preferred for exterior walls. Metal stud back-up is acceptable.
3. Hardipanel siding,trim and soffits is preferable if brick is not feasible
0500 METALS
1. Metal buildings use heavy gage;24 ga,mm.roof panels.
2. Stainless steel countertops where feasible.
0600 WOOD AND PLASTICS
1. Solid surface material by Wilsonart, Nevamar or Formica with integral sinks as budget allows.
2. Laminate tops made using exterior grade 3/4"AC Fir plywood as substrate.Particleboard substrate
is not acceptable. Hardwood drop edge required.
3. No melamine is to be used.
4. No type of particleboard is allowed in cabinet construction.
5. Face-frame all cabinets when possible. Use plastic laminate face,no paint.
6. Concealed hinges similar to SALICE C2RFA99 or C2RFD99 are preferred.
7. Use real wood instead of veneers whenever possible. Stained wood cabinets are acceptable in
average use areas.
0700 THERMAL AND MOISTURE PROTECTION
1. Shingle roofs to be 25-30 year architectural shingles on pitched roofs. (Owens Coming Driftwood)
2. Flat roofs to be 2-ply APP modified bitumen (Torch down) with embedded granular surface, 20
year non pro-rated system labor and material replacement cost warranty(Intec)
3. City roofing crews must be certified to repair and modify roof membranes and flashing.
4. Roofs
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4.1. All roofs shall be pitched if possible, or have a 20 year bondable roof applied. City
roofing crews are qualified to repair granular surfaced APP modified bitumen double-ply
roofing.
4.2. Minimize roof penetrations and rooftop equipment.
4.3. Prefer side discharge units for roof top units
4.4. All low slope roofs shall have a minimum pitch of one-quarter inch per foot slope.
4.5. All low slope roofs shall receive walking surfaces to any equipment located on the roof
(to protect the roofing). Walking surface color to match roof surface.
4.6. All flashing to be baked enamel.
4.7. `Overhangs and porches shall have stainless steel bird repellant spikes.
0800 DOORS AND WINDOWS
1 Double pane low'E'thermal insulated glass required.
2 Keep windows high with overhangs on west side of building to limit solar gain.
3 Metal doorjambs with paint grade wood doors No stained doors.
4 Locks
4.1 Heavy duty cylinder locksets, Schlage "D" Series or Corbin Russwin Grade 1, lever
handles.
4.2 No Sargeant or Best locks. No full mortise locksets.
4.3 Master and sub-master keying.
5 Exterior Doors
5.1 No exterior.wood doors.
5.2 Hollow metal doors, welded frames, and jambs on all exterior entrances or anodized
metal storefronts. Galvanized doors to be considered in wet areas.
5.3 All exterior doors to have canopy/covering for weather protection of door and entry area.
5.4 All buildings with exposed-to-traffic canopies, limit-overhead beams at entries to reduce
vendor damage.
6 OVERHEAD DOORS Fire stations; "Finishline 450"aluminum doors with 1/8 in.glass. One or two
rows of glass only. Door operators to be Liftmaster 1/2HP or higher. Electric eye operation. Long
stem 3in,rollers with 3in.track..
7 ADA COMPLIANCE
7.1 Lever handles on all doors.
8 Interior Doors
8.1 High Use facilities:Painted wood doors with metal frames.
8.2 Administrative and medium use: Laminated wood doors with metal frames
0900 FINISHES
1. All lay-in ceiling grid to be 2x2. No recessed or shadow line tiles. (Armstrong Cortege).
Cementitious backer board and aluminum grid required in moisture prone areas.
2. Plastic chair rail on walls where chair damage may occur.
3. Azrock,Armstrong or Kentile floor tile.
4. Carpet tiles preferred. (Mannington Carpet has current contract. AOR to confirm preferred
manufacturer.)
5. No carpet in heavy-use corridors, entries or foyers. Prefer terrazzo but may use ceramic tile, slate
or premium VCT.
6. Rubber base to be Roppe,continuous roll,with pre-formed comers. (No vinyl or light colors.)
7. Limit use of vinyl wall covering/vinyl rock..
8. No acoustic,sandtex::finishes on interiors or exterior.(Specify finish)
9. Interior wall paint to be semi-gloss.
10. Interior wall paint.to be Egg Shell/Satin.
11. Soffits to be constructed of Hardipanel cementious board.
1000 SPIECIALTIES
1. Solid plastic,laminate or stainless steel restroom partitions.
1100 EQUIPMENT
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1. Design kitchen appliance space to accommodate standard industrial equipment. Provide cash
allowance in proposal. Contract adjusted to reimburse contractor for actual purchase price.
Athletic equipment is generally purchased by city.
1200 FURNISHINGS
1. Casework:Solid wood, laminated.
2. Blinds to be part of general construction proposal. Consider light blocker blinds for Fire Station
sleep rooms.
3. Library, office and general furniture to be bid through City Purchasing using specs prepared by
AOR.
1300 SPECIAL CONSTRUCTION
1. Pre-engineered buildings:make sure walls and roof are heavy gauge for durability.
2. Insulation required.
3. Always propose as part of overall project,not piecemeal,
4. Portable buildings and classrooms may be acceptable provided certified by the State.
5. Security access: provide link to City by modem, dialer or on the network. Provide for remote
monitoring and control via modem.Coordinate with ITS.
1400 CONVEYING SYSTEMS
1. Elevators are required for all buildings not on one floor.
1500 MECHANICAL
1. Apply the International Energy Conservation Code(IECC).
1.1 Specifications must require Manuals prior to Certificate of Occupancy (CO) in
accordance with ordinance 803.3.8.3.
1.2 Energy analyses with supporting documentation in accordance with ordinance 806.5
shall be submitted with final design submittal.
2. Investigate the pay-back feasibility of using thermal storage for air-conditioning systems.
3. Investigate geothermal or other energy savings systems in new facilities.
4. Unless otherwise directed, all temporary and final utility connections and metering devices will
be requested and paid for by the General Contractor.
5. Use anti-microbial pleated filters.
6. Products manufactured by the following companies is not acceptable for TPW managed projects:
McQuay International.
7. The plans will clearly indicate the limit of the Contractors responsibility for water and sewer service.
The Contractor will be responsible for all costs to connect to water on the building side of the meter
and to sewer at fine property line. The City will pay for water and sewer taps to the property line
and to the meter. The Engineer-of-Record (EOR)will contact the Water Department to have them
design and estimate the cost for water and sewer service.
8. The EOR will contact the gas, telephone, cable and electric utilities to coordinate the services to
the building and list the contacts on the plans.
9. Vehicle Exhaust system to be installed in all new fire stations.
1510 PIPING
1. Provide more scuttle holes in floors on pier and beam foundations, and in each cell in areas with
underground piping, for kitchen areas and restrooms. This will keep from having to cut holes in
floors for plumbers.
2. Minimum 3in.drain line from garbage disposals.
3. All floor drains primed w/trap primers.
4. Provide for drainage in restrooms,mechanical rooms and kitchens.
4.1. Dish floor for 2foot diameter around drain to catch water,or
4.2. Depress floor slab in tiled restrooms and have the tile contractor thick set the tile to
provide slope to floor drains.
5. All sink and fixture plumbing in wall to be supported by chairs.
6. Cast iron piping preferred outside of building line.
7. Recess shower floors with vinyl,terrazzo or cultured marble pan.
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1520 PLUMBING FIXTURES
1. Spacing of appliances is critical for ADA and TAS.
2. All new restrooms to be ADA/TAS accessible.
3. Drinking fountains provide one standard height and one wheel chair height.
4. Oil interceptors/separators to be provided in all equipment bays. No free drainage to surrounding
area,
5. Integral stops to be installed at shower valves,
1530 PLUMBING APPLIANCES
1, General
2. Specifications shall list City approved manufacturer as first using that manufacturer's product
numbers. Approved altemates shall be listed with concurrence of city. Additional altemates may
be approved prior to proposal by addendum. Altemates may be approved subsequent to proposal
only when approved alternates are not available.
2.1. Items as listed or approved equal,
2.2, Cleanouts:Two way cleanouts outside rooting line.
3. All sinks and wall-hung fixtures on chairs.Wall carriers are not acceptable.
4. Mount showers on sidewall so that person can operate water fixtures without standing in front of
the head.
5. Materials
5.1. Single handle shower valve-Delta 1724 WS
5.2. Dual handle lavatory,800-Delta 3549 WFL.CHDF(ADA)
5.3. Single handle lavatory,4in.OC-Delta 501
5.4. Gooseneck faucet Delta 400
5.5. Stainless steel double kitchen sink-Elkay L2D33224
5.6. Toilet flush valve-(electric with batteries)Technical Concepts Model 401187.
5.7, Urinal flush valve-(electric with batteries)Technical Concepts Model 401186.
5.8. Floor mount toilets-Kohler K4350, 14 in. H.(standard)
5.9. Floor mount toilets-Kohler K-4368, 17 in.H.(ADA)
5.10. Urinals-Kohler K-4972-T,blowout urinal(standard)
5.11. Urinals-Kohler K4960-T,blowout Jet superior(ADA)
5.12. Service sink-Kohler K-6716,20"x16"basin with 3 in, I..P.S.trap outlet.
5.13. Lavatory-Wall-hung,enameled cast iron
5.14. Kohler faucet-K2801,4 in.CC
5.15. Kohler faucet-K2863,8 in.CC
5.16. Lavatory-Self-rimming,enameled cast iron
5.17, Kohler faucet-K2916,4 in.CC
5.18. Kohler faucet-K2917, 8 in.CC
5.19. Electric Water Heaters; Bradford White, or A.O. Smith. Welded steel tank with glass or
10 mil phenolic liner. Factory prewired.
5.20. Toilet Accessories; Touchless Woridclass Hand Dryers, Large roll Scott toilet tissue
dispenser.
1540 FII RE.PROTECTION
1. Avoid wet systems where not required.
1550 HEATING
1. Use gas heating where possible.
2. Gas heaters to be fan powered with poser exhaust.
3. Do not use tube-infrared or Tube/Radiating heaters.
1560 HVAC PIPING
1. Use trunk Line with Branch Circuits containing balancing dampers.
2. Use step down type lay-in grilles. No perorated supply grilles.
1570 AIR CONDITIONING AND VENTILATION
1. Use multiple units (I.E. Rooftops, split systems, etc.) over one large unit. Use local distributor
brands(Carrier,Trane,York)for parts availability.
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2. Specify minimum 5-year compressor warranty.
3. Ducted return is preferable to plenum return.
4. Use unit heaters(fan powered with power exhaust&electronic ignition).
5. Access panels on VAV boxes will be on the side,not bottom.
6. Use balancing dampers in all supply air branch ducts.
7. On rooftop units,specify side discharge with solid welded curb caps.(Eliminates water problems in
the building due to stopped up drains,frozen coils or evaporator coil cleaning).
8. On 10 ton and larger units,specify semi-hermetic compressors.
9. On all HVAC equipment,specify low ambient controls.
10. Oversize HVAC units by 10%and provide control through in line duct dampers to meet design. Do
not allow under design variation during TAB.
11. Contractor to engage TAB contractor and fully balance the system before substantial completion
TAB costs to be in Schedule of Prices.
12. Use Multistage units on variable loads.
13 Require Enthalpy on all HVAC units when available.
14. Coordinate with ITS for requirements for backup HVAC units for rooms with temperature sensitive
equipment.
15. All HVAC units to be mounted on Factory Curbs.
16. All curb caps to be constructed of 22 gauge.
17. Include detail of curb cap design.
1600 ELECTRICAL
1 Design must meet International Conservation Code and City Electrical Code.
2 All electrical wire will be installed in EMT up to J-box feeding fixtures and other equipment. Drops
to fixtures and equipment less than 6-ft can be in whips.
3. Secure J-boxes to structure above ceiling with all-thread rod.
4. No BX or MC cable is allowed.
5, Clean out existing conduit to panels in renovation projects,
6. Metal lockers end cabinets in any fire station truck rooms.
7. Items must be furnished as listed or approved equal.
8 Generators
8.1, Backup generator to be natural gas or diesel.
8.2. City will purchase generator and transfer switch
8.3 Equipment LIST TWO OR THREE EQUAL.
8.4 Generator:Onan
8.5 Transfer switches:Onan
9. Panels-Square D,NQOD
10. Fixtures Metalux, Lumark
11. Transformers-Square D
12. Relays-Square D
13. Contactors-Square D
14. Switch Gear-Square ID
15. Limit switches-Square D
16. Time clocks&photocells-TORK
17. Plugs&switches-Arrow Hart, Hubbel Commercial Grade
18. Exit signs-Metalux w/battery and LED lamps
19. Recessed Fluorescent Fixtures
19.1 Lamps-Alto lamps, T-8 fluorescent
19,2 Ballast-Fluorescent-Electronic ballast Advance
19.3 Provide recessed fixtures, Type IC (sealed)wherever ceiling insulation is present, with
insulation laid on tops and sides to prevent warm moist air in attic from entering and
condensing in housing.(Model Energy Code 1995, 502.3.4 and 602.3.3)
20. HID-Advance
16010 INTRUSION ALARMS
1. IT is the design proponent for intrusion Alarm Systems.
2. Fire Station Intrusion Alarms
2.1. Windows and doors are alarmed.
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2.2. Master alarm tied in to station alert system so that the "big red button" activates the
intrusion system with an adjustable delay.
2.3. Reset button is provided so stay behind personnel can override the setting of the system.
2.4 Construction contractor installs contacts,conduits to electronics closet,and control box in
the closet. ITS installs the control system under a separate contract.
2.5 Fire stations do not have motion detectors.
2.6 Central dispatching can deactivate intrusion alarm systems.
3. All other facilities
3.1 Facilities are stand alone.
3.2 Calls are dialed over landline.
3.3 Contractor installs contacts, conduits to electronics room, and boxes. ITS installs
controls and dialer.
17000 TELEPHONE AND DATA
1. Install vent fan with temperature switch at electronic room door.
2. All telephone installations will be coordinated with the City Communications Services Division to
determine equipment support requirements. Where feasible, the contract documents will Include
all conduit, and jacks for telephones,computers and communications equipment.
3. Electronic Equipment room shall house Telephone and Data racks. Room will be separate from all
power panels and mechanical equipment.
4. Contractor Installs all duct with pull lines,boxes in wails.
5. ITS provides and pulls all common data wire and installs jacks and equipment.
6. PA System. Paging will be done through the phone system. In Fire Stations,the phone paging will
couple with the PA system which will have speakers in every area. The PA speakers will have
volume controls mounted adjacent to the room light switches.
00 LANDSCAPE
1, Irrigation
1.1. TORO Residential(plastic risers).
1.2. Controller to be Toro Vision II.
1.3. Install pipe sleeves under concrete sidewalks and driveways.
1.4. Stream rotary heed.
1.5. Separate stations for grass(Toro Super 700 or Hunter 1-20 heads)and shrubs(Toro 570
heads),Tree irrigation to be Techline emitter tube system.
1.6. Separate meter for irrigation from building meter.
1.7 Controls to be in locked box outside of building or In low voltage LAN Room.
2. Extend concrete sidewalk to curb to eliminate grass strip at street.
3. Exterior security light fixtures-Wide-Lite, Large Round Supra-Lyle, Single Lamp 400 Watt ST/E37
Envelope Mogul Base,#RSLM-400-(2)-(')-DB.
4. Landscape design plan to have trees and shrubs identified so if city-supplied,could use what is in
stock.
5. Flagpoles to have internal halyards.(Three flags typical-U.S.,State,City)
6. Exterior water faucets to have locked boxes(Cast boxes).
7. Pavers to be set on concrete slab with concrete side strips. Fill to be sand.
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ATTACHMENT "F"
CONTRACTOR'S OWNER
AFFIDAVIT OF ARCHITECT
PAYMENT OF CONTRACTOR
DEBTS AND CLAIMS SURETY
AIA DOCUMENT G706 OTHER
TO(Owner) ARCHITECT'S
PROJECT NO
CONTRACT FOR:
CONTRACT DATE:
PROJECT:
(name, address)
State of:
County of:
The undersigned,pursuant to Article 9 of the General Conditions of the Contract for Construction,AIA
Document
A201,hereby certifies that,except as listed below, he has paid in full or has otherwise satisfied all obligations
for all
materials and equipment furnished,for all work,labor,and services performed,and for all known
indebtedness and
claims against the Contractor for damages arising in any manner in connection with the performance of the
Contract
referenced above for which the Owner or his property might in any way be held responsible.
EXCEPTIONS:(If none,write"None".If required by the Owner,the Contractor shall furnish bond satisfactory to the
Owner for each exception.)
SUPPORTING DOCUMENTS ATTACHED HERETO: CONTRACTOR:
1.Consent of Surety to Final Payment.Whenever
Surety is involved,Consent of Surety is required.
AIA DOCUMENT G707,CONSENT OF SURETY, Address:
may be used for this purpose.
Indicate attachment:(yes )(no ).
The following supporting documents should be attached BY:
hereto if required by the Owner.
1.Contractor's Release or Waiver of Liens,conditional Subscribed and sworn to
before me this
upon receipt of final payment.
day of 20
2.Separate Releases or Waivers of Liens from Sub-
contractors and material and equipment sup-
pliers,to the extent required by the Owner,ac- Notary Public:
companied by a list thereof.
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3.Contractor's Affidavit of Release of Liens(AIA
DOCUMENT G706A). My Commission Expires:
AIA CAUTION:You should use an original AIA document which has this caution printed in red.An
original
assures that changes will not be obscured as may occur when documents are reproduced.
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ATTACHMENT "G"
SUBMITTAL FORM
Submittal No. Contract Deliver Order#
Job Title:
PART l!.-Contractor
From: To: City of Fort Worth
JOC Projects
319 West 1011 Street
Fort Worth,TX 76102
The following is submitted for approval per Specification Section No.
Item:
ITIS HEREBY CERTIFIED THAT THE - EQUIPMENT MATERIAL SHOWN AND MARKED IN
THIS
SUBMITTAL IS THAT PROPOSED TO BE INCORPORATED INTO THE ABOVE REFERENCED DELIVERY ORDER;
IS
IN COMPLIANCE WITH THE CONTRACT DRAWINGS AND SPECIFICATIONS,AND CAN BE INSTALLED IN THE
ALLOCATED SPACES.
Certified By: Date:
f n »x
To: City of Fort Worth
JOC Projects
319 West 10th Street
Fort worth,TX 76102
This submittal has been reviewed and the following recommendations are made:
Signature: Date:
From: City of Fort Worth To:
JOC Projects
319 West 1011 Street
Fort Worth,TX 76102
Enclosures are returned with the following comments:
Approved Disapproved Comments
Signed: Title:
Date:
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ATTACHMENT "H"
F ORTWORTH
PERMIT APPLICATION FORM
Date: Permit No:
Project Title:
Legal Description: Lot(s) Block No. Zoning:
Street Address: Zip Code:
Project Description:
City Contact: Phone Email
Architect:
Firm Address
Phone Fax
Contact Phone
Contractor:
Firm Address
Phone Fax
Contact Phone
Funding: General or Bonds Enterprise
Grant Private
Project Status: $
Project Sq. Footage: Plat Required: Yes No!
User Department:
Submitted by:
Signature Date
Copy: Job File, Project Manager,Construction Manager
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ATTACHMENT"I"
WARRANTY FORM
•• • NAME/LOCATION
Requested By:
Phone:
Date Requested:
How Requested: Letter: Fax: Other:
DESCRIPTIONOF • - -ECTIVE ACTION NEEDED
Corrective action needs to be completed by: (Date):
CORRECTIVEs TO BE PEFORMED
Company:
Phone/Fax: Fax:
Contact: Date
Notified:
How Notified: Phone Letter:
Copy of WIR: Other:
ACTIOND)DESCRIBE
(Subcontractor to fill out after corrective work has been completed fax this completed form back to the Construction Manager's
office.
Date Complete:
Prepared By.
Prepared By: (Name)
Phone/Fax
Date:
Approval
Corrective Action Approved (Name)
By:
Phone/Fax
Date:
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ATTACHMENT "J"
Change Order Form
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City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/6/2004
DATE: Tuesday, January 06, 2004
LOG NAME: 20JAMAIL2 REFERENCE NO.: **C-19916
SUBJECT:
Construction Contract with Jamail Construction Company, Inc. for Fixed Unit Price, Indefinite
Delivery of Building Renovation and Construction Services for the Transportation and Public Works
Department, Facilities Management Division
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the execution of a contract with Jamail Construction Company, Inc. for construction services
for minor construction and renovation projects. Prices will be based on an existing Texas Local
Government Cooperative, BuyBoard contract as follows:
a) 18% discount off of R. S. Means Construction Pricing Guide for normal hours; and
b) 15% discount off of R. S. Means Construction Pricing Guide for other than normal hours.
2. Authorize the contract to begin January 6, 2004, and expire September 30, 2004, with options to renew
for four additional one-year periods; and
3. Authorize the maximum value of any individual purchase order to be $200,000. The aggregate amount
of purchase orders in an individual year will not exceed $1,000,000 without authorization from the City
Council. A Mayor and Council Communication will be required for any purchase order exceeding $25,000.
DISCUSSION:
On February 18, 2003 (Informal Report No. 8465), the City Council was briefed on the anticipated use of
Job Order Contracting to deliver minor construction and renovation tasks. Under this delivery method, a
single contractor is engaged to deliver small (under $200,000) projects. The costs for each small project
are calculated using a unit cost estimating guide such as published by R. S. Means Construction Pricing
Guide. The contractor is selected by a best-value method based on qualifications and demonstrated
performance as well as the discount offered on the unit cost estimating guide.
The Texas Local Government Cooperative was created to increase the purchasing power of government
entities and to simplify purchasing by using an electronic purchasing system, called the BuyBoard. The
items listed on the BuyBoard have been competitively bid and awarded under a best-value method by the
Cooperative or by a member of the Cooperative. By selecting a vendor from the BuyBoard, the City has
satisfied the competitive bidding requirements and is assured of a competitive price for the work or item
purchased.
Jamail Construction Company, Inc. was selected for listing on the BuyBoard by a best-value selection. The
City of Fort Worth, as a member of the BuyBoard, has access to the contract.
LoQname: 20JAMAIL2 Pnoe 1 of
e ,
Several advantages accrue from using Job Order Contracting:
a) The procurement time is reduced since the project no longer has to be publicly advertised for
competitive bidding; and
b) The design effort is greatly reduced on smaller projects, since the details of the scope need
only be sufficient to satisfy the needs of the owner and contractor, rather than all potential
contractors; and
c) The scope of the project can be adjusted to meet budget objectives prior to issuance of the
purchase order; and
d) The purchase order is adjusted for scope changes and unforeseen site conditions using the
same price guide rather than by negotiation; and
e) The contractor subcontracts the majority of the work, thus providing additional opportunities for
minority general contractors.
The contractor will report the status of MWBE participation on projects issued each month. The Trans-
portation and Public Works Department, Facilities Management Division, will manage work for other
departments. All purchase orders will be fulfilled by funds from the requesting department.
M/WBE — Jamail Construction Company, Inc. is in compliance with the City's M/WBE Ordinance by
committing to 25% M/WBE participation. The City's goal on this project is 25%.
RENEWAL OPTIONS — This agreement may be renewed for up to four successive one-year terms at the
City's option. This action does not require specific City Council approval, provided the City Council has
appropriated sufficient funds to satisfy the City's obligation during the renewal term.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the operating budgets and current capital budgets,
as appropriated, of various funds. All expenditures against this contract will be reviewed for availability of
funds prior to release on a project-by-project basis.
TO Fund/Account/Centers FROM Fund/Account/Centers
Submitted for City Manager's Office b)L Marc Ott (8476)
Originating Department Head: Robert Goode (7804)
Additional Information Contact: Greg Simmons (392-7862)
Logname: 20JAMAIL2 Page 2 of 2