HomeMy WebLinkAboutContract 25990 • ms mp iak
THE CITY OF FORT WORTH, TEXAS comucion10 NG
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CP UAWM oM
Fire Supply -- ��►.
Ladder Testing and Storage Built +
2900 West Bolt Street
CITY CONTAT NSECRETARY �qD
Fo&TWq.&TH
KENNETH BARR BOB TERRELL
MAYOR CITY MANAGER
Hugo Malanga, P.E.
Director, Transportation and Public works
Chief Larry McMillen
Fire Chief
March 2000
City of Fort Worth, Texas
4volyor nodCommunication
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DATE REFERENCE NUMBER LOG NAME I PAGE
6/6/00 C-18064 20TOM 1 of 2
SUBJECT AWARD CONSTRUCTION CONTRACT TO TOM S. STEPHENS, INC. OF FORT
WORTH FOR THE CONSTRUCTION OF THE FIRE SUPPLY LADDER TESTING AND
STORAGE FACILITY
RECOMMENDATION:
It is recommended that the City Council authorize the City Manger to execute a construction contract
with Tom S. Stephens, Inc. for the construction of a metal building to house the Fire Supply Ladder
Testing and Storage Facility at Bolt Street in the amount of $66,900.00 and a duration of 120 calendar
days.
DISCUSSION:
The Fire Department is required to test and inspect about 235 ground ladders each year. The ladders
are extended to their full length, weight tested, structural stretch tested and inspected for worn or failing
parts. Testing has been performed in the past at a fire station, however, it was found that using a
station is not conducive to this type of work. The Fire Station performing the tests is generally out of
service for extended periods of time and, therefore, is not available for emergency responses. The
personnel conducting the tests must be trained and certified to do the work required, creating a
hardship when replacing crew members who are absent or reassigned on any given ladder test day.
It is difficult to store all of the testing equipment at a station. Testing was relocated to the Fire
Department's equipment services facility a year ago and one annual testing cycle has been completed.
The department is now satisfied that this work can be accomplished with existing personnel currently
assigned to the Bolt Street Shop and supply. The existing facility, however, does not provide adequate
indoor space for storage, repair and maintenance. The proposed building provides the ability to test,
repair and store ladders under one roof, along with providing a storage and repair facility for fire hoses
and nozzles.
The Transportation and Public Works Department, Architectural Services Division, prepared the
construction documents. The project consists of a 30 by 50-foot metal building on a structural concrete
slab with two offices and a 300 square foot air-conditioned shop and office.
The project was advertised in the Commercial Recorder on March 23 and 30, 2000. On April 20, 2000,
the following bids were received:
BIDDER BASE BID CALENDAR DAYS
Tom S. Stephens. Inc. of Fort Worth $ 66.900.00 120
Triple R General Contractors, Inc. 74,800.00 60
Imperial Construction, Inc. 78,287.00 90
Tyson Building Corporation 79,975.00 120
Marathon Company, Inc. 115,470.00 150
Woodrose Company, Inc. 130,011.00 177
Integral Telecommunication Networks Non Responsive
City of Fort Worth, Texas
4voloor find council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
6/6/00 C-18064 20TOM 2 of 2
SUBJECT AWARD CONSTRUCTION CONTRACT TO TOM S. STEPHENS, INC. OF FORT
WORTH FOR THE CONSTRUCTION OF THE FIRE SUPPLY LADDER TESTING AND
STORAGE FACILITY
The architect's estimate was $67,500.00.
Tom S. Stephens, Inc. is in compliance with the City's M/WBE Ordinance by committing to 24% M/WBE
participation. The City's goal on this project is 22%.
The architect reviewed the qualifications of the apparent low bidder and recommends award to Tom S.
Stephens, Inc. of Fort Worth.
The project will have minimal operational impact on the General Fund budget.
The Fire Supply Ladder Testing and Storage Facility is in COUNCIL DISTRICT 9.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Public Safety Improvement Fund.
MG:I
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Mike Groomer 6140 APPROVED
CITY COUNCIL
Originating Department Head:
Hugo Malanga 7801 (from) JUN 6 2000
GC07 541320 036070116000 $66,900.00
Additional Information Contact:
City Sft-M"of t4
Hugo Malanga 7801 City of Fort Wortk Texas
10
NOTICE TO BIDDERS
so
Sealed bids for Fire Supply Ladder Testing and Storage Building at 2900 West Bolt Street will be received
at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M.,
Thursday,April 20,2000,and will be opened and publicly read aloud approximately thirty minutes later in
the Council Chambers.
A Pre-Bid Conference will be held at 10:00 AM, April 6, 2000, at the Fire Supply Warehouse, 2900 West
Bolt Street.
The Project consists of 30 by 50-foot metal building on a structural concrete slab with two offices and a
300 sf air conditioned office space.
The MWBE Goal for this project is 22%. Contact the MWBE office(871-6104) to obtain lists of certified
subcontractors and suppliers.
Contractors will be required to post Payment and Performance Bonds and provide Contractors General
Liability and Statutory Workers Compensation Coverage.
Copies of the Project Manual and plans for this project may be obtained at the Department of Engineering
Plans Desk, City Hall, 1000 Throckmorton Street(817.871.7910)in return for a$50 deposit for each set.
For additional information contact Bob Wood, RA, Building Services Division, 871-8088.
Advertisement: March 23, 2000
March 30,2000
Page- I
TABLE OF CONTENTS
NOTICE TO BIDDERS 1
TABLE OF CONTENTS 2
INSTRUCTIONS TO BIDDERS 3
SPECIAL INSTRUCTION FOR BIDDERS (M/WBE)
PROPOSAL 4
GENERAL CONDITIONS
WEATHER TABLE 10
PROJECT DESIGNATION SIGNS
TEXAS CERTIFICATE OF EXEMPTION
WAGE RATES 11
TECHNICAL SPECIFICATIONS
0200 Demolition and Site Work
0300 concrete
500 Metals
0600 Wood&Plastics
0700 Thermal and Moisture Protection
0800 Doors and Windows
0900 Finishes
1300 Special Construction
1500 Mechanical
1600 Electrical
CONTRACT 12
PERFORMANCE BOND
PAYMENT BOND
CERTIFICATE OF INSURANCE
CONTRACTOR COMPLIANCE WITH WORKERS'COMPENSATION LAW
Page-2
INSTRUCTIONS TO BIDDERS
1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the
responsiveness of a Proposal:
• Use the Proposal Form provided in the Project Manual.
• Entries on the Proposal Form may be handwritten or typed
• Write in contract duration if not specified
• Acknowledge all addenda on the Proposal Form
• Have a Principal sign the Proposal
• Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard
bid bond. Personal checks are not acceptable. Note Project Name on the check or bid
bond
2. MINORITY/WOME NS BUSINESS ENTERPRISE (M/WBE)
If your bid is in excess of $25,000, the MWBE Program applies, and you have five City business days
following the bid date to prepare and submit your M/WBE Plan. Early submittal is encouraged. Be aware
that if you elect to provide documentation of a Good Faith Effort you will have to accomplish each and
every action in the Special Instructions to Bidders, Minority and Women Business Enterprises
Specifications, included in this Project Manual. In order to meet all the requirements for a Good Faith
Effort you will have to start at least two weeks before the Bid date.
The lowest responsive, responsible, bidder meeting the M/WBE requirements will be recommended for
award. Information concerning participation of Minority and Women's Business Enterprises is not required
for Projects less than $25,000. All purchases from M/WBE suppliers, second tier subcontractors and
second tier suppliers may be included in M/WBE contribution toward meeting the goal.
The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or
the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be
received no later than 5:00 P.M. five (5) City business days after the bid opening date. The Bidder shall
obtain a receipt from the appropriate employee of the managing department to whom delivery was made.
Such receipt shall be evidence that the City received the documentation.
Successful Bidder will be required to submit co-signed letters of intent or executed agreements with all
M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed.
3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort
Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid
and is subject to forfeit fin the event the successful bidder fails to execute the contract documents within
ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope
containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being consid-
ered for this project. Bidder's bond will be returned if the City fails to award the contract within 49 calendar
days of receipt of bids,unless the Bidder agrees to an extension.
4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the
successful bidder entering into a contract for the work will be required to give the City surety in a sum
equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the
surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of
Article 5160 of the Revised Civil Statutes of Texas,as amended.
In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the
current U. S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and
Page-3
surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the
state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one-
tenth of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must
be authorized, accredited or trusteed to do business in Texas.
No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or
which are interested in any litigation against the City. Should any surety on the contract be determined
unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the
contractor shall immediately provide a new surety to the City.
If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum.
Payment shall not be made for a period of 45 calendar days from the date the work has been competed
and accepted by the City.
If the contract is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract,
solely for the protection of all claimants supplying labor and materials in the prosecution of the work.
If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount
of the contract, conditioned on the faithful performance of the work in accordance with the plans,
specification, and contract documents. Said bond shall be solely for the protection of the City of Fort
Worth.
5. BOND SURETY: Preferred sureties for bonds required for the project are included on the current
U. S. Department of the Treasury - Fiscal Service list of companies holding certificates of authority as
acceptable sureties on federal bonds and as acceptable reinsuring companies (Circular 570). The limit of
a bond written by any one acceptable company shall not exceed_the amount shown on the Treasury list
for that company. Alternate ratings are discussed in the General Conditions.
Surety must be admitted to do business in the State and have capital and surplus equal to ten times the
limit of the bond. Any amount in excess of the ten percent limit must be reinsured by a company or
companies duly authorized, accredited or trusteed to do business in this state. Should any surety for the
contracted project be determined unsatisfactory at any time during Project, the Contractor shall
immediately provide a new surety bond satisfactory to the City.
The Owner will not accept sureties which are at the time in default or delinquent on any bonds or which
are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the
Owner, and shall be executed by an approved surety company doing business in the City of Fort Worth,
Texas, and which is acceptable to the owner. Both the Contractor and Surety Company shall properly
execute each bond.
6. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s) of the
work and the details of the requirements set out in these specifications to satisfy himself as to the
conditions which will be encountered relating to the character, quality, and quantity of the work to be
performed and materials and equipment required. The filing of a bid by the bidder shall be considered
evidence that he has complied with these requirements.
r�
7. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City
reserves the right to adopt the most advantageous construction thereof to the City or to reject the propos-
al.
8. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents, must be
paid on this project.
9. POST BID - PREAWARD SUBMITTALS: Bidders are required to.submit the following information ■
to the Architectural Services Section, Building Services Division, 3409 Harley Avenue, 817-871-8274,
Page-4
within five business days subsequent to bid opening (Normally Thursday following a Thursday bid
opening) in order to assist City staff in determining the Contractor's capability of performing the work and
in meeting City contract requirements:
Minority[Women's Business Documentation (for bids in excess of$25,000)
Contractors Qualification Statement(AIA Form A305)
Proposed Subcontractors and Suppliers
10. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept
the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing
recommendations for award of the contract. The Contractor must provide and use subcontractors listed
unless the City agrees to allow a substitute.
11. DISCREPANCIES AND ADDENDA:
Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to
their meaning, he shall notify the City at once. If required, the City will then prepare a written addendum
that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents
by the Notice to Bidders. The Contractor is responsible for determining if addenda are available and for
securing copies prior to submitting a proposal. Oral instructions or decisions unless confirmed by
addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of
the contractor to include work called for in the addenda.
Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the
Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its
information in the Proposal.
12. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate that
coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that
Workers Compensation Insurance will be obtained, must be submitted within five working days of bid
opening.
13. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to
State sales taxes under House Bill 11, enacted August 15, 1991.
14. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits
required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits
may be required for each work location.
15. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon
construction cost and stated bid period of time for construction. Where the Bidder proposes time, the City
will evaluate the City's program needs in determining the acceptability of the proposed contract duration.
The City reserves the right to award the contract upon those terms considered by the City to be in its best
interests.
16. PLAN DEPOSIT: The City will deposit plan deposit checks to its account two weeks following
receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time.
Contractors forfeit their plan deposit after that time.
17. ADJUSTMENT OF QUANTITIES: Where unit prices and estimated quantities are used to
compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the
total cost for that section. Unit prices for adjustments to unit quantities in excess to 20% may be
negotiated at the request of either party.
Page-5
18. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are
descriptive, not restrictive. Bids on brands of like nature and quality will be considered. For all items other
than reference specifications and equivalent products listed in each section, a full size sample and/or
detailed product descriptions must be provided to the architect within 14 calendar days after receipt of bid.
00000
Page-6
PROPOSAL
T0: MR. BOB TERRELL
CITY MANAGER
CITY OF FORT WORTH, TEXAS
FOR: FIRE SUPPLY LADDER TESTING AND STORAGE BUILDING
2900 WEST BOLT STREET
Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans,
specifications and the site, understands the amount of work to be done, and hereby proposes to do all the
work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in
the plans and specifications, and subject to the inspection and approval of the Director of Transportation
and Public Works of the City of Fort Worth.
Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the
contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds approved by the City of
Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit:
DESCRIPTION OF ITEMS
Bid: �'' •
The undersigned agrees to complete the Work within 2O calendar days after the date of Notice to
Proceed.
The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the
above work.
The undersigned assures that its employees and applicants for employment and those of any labor
organization, subcontractors or employment agency in either furnishing or referring employee applicants to
the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as
amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29).
Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the
award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as
low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of
business are outside of the State of Texas) that bid projects for construction, improvements, supplies or
services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that
Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable
contract in the state in which the non-resident's principal place of business is located. The appropriate
blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet
specifications. The failure of out of state or non-resident bidders Failure to complete the forms may
disqualify that bidder. Resident bidders must check the box in Section B.
A l IMr%n_rccif4an*%,oe A^re i^. (yiic Stat j, our priia cipal place of
1—i
business, are required to be percent lower than resident bidders by state
law.
1_1 Non-resident vendors in (give state), are not required to
underbid resident bidders.
B. JK Our principal place of business or corporate offices are in the State of
Texas.
Page-8
Within ten (10) days of receipt of notice of{acceptance of this bid, the successful bidder will execute the
formal contract and will deliver an approved Surety Bond for the faithful performance of this contact. The
attached deposit check in the sum of Dollars ($_ is to become the property of the City
of Fort Worth, Texas, or the attached Bidder's Bonj is to be forfeited in the event the contract and bond
are not executed within the time set forth, as liquidated damages for delay and additional work caused A
thereby.
MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000)
• I am aware that I must submit information the Director, Transportation and Public Works, concerning
the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be
RESPONSIVE. R
Respectfully submitted,
To rn 5_ 5 t -A Ner\s Vic., a-F ',�r t Wot -
Com
D-pac:
By:
ature
L)vh s - 5 lie h s Pr es e k\ _
Printed Name of Principal Title
Address: _1-$ ,
Street
Y if VIS +Ohm L"Ng5 76C) ta J
City .Zip ■
Phone: �V 5- 2 5 7S
Fax: g f 7 e--? 5 - � 5 7 l
Receipt is acknowledged of the following addenda:
Addendum No. 1:
Addendum No. 2:-
Page-
: Page-9
Apr 27 00 04: 27p TPW 817-871-8488 p. 2
City of Fort Worth
Minority and Women Business Enterprise Specifications
SPECIAL INSTRUCTIONS FOR BIDDERS
APPLICATION OF POLICY
.01 .
tIf the total dollar value of the contract Is $25.000 or more, the MANSE goat Is applicable. If the total dollar
value of the contract Is less than$25.000.the MANDE goal Is not applicable.
POLICY STATEMENT
It is the policy of the City of Fort Worth to ensure the full and equitable participation by MinorityANomen Business
Enterprises(M/WBE)in the procurement of all goods and services to the City on a contractual basis. The objective
of the Policy is to increase the use of M/WBE firms to a level comparable to the availability of MNVBEs that provide
goods and services directly or indirectly to the City.
M/WSE PROJECT GOALS
The City's MBENVSE goal on this project is� _'/•of the base bid value of the contract.
COMPLIANCE TO BID SPECIFICATIONS
On City contracts of$2S.000 or more.bidders are required to comply vrith the intent of the City's MMSE Ordinance
by either of the following:
I. Meet or exceed the above staled MAYBE goat,or;
2. Good Faith Effort documentation,or;
1. Waiver documentation.
SUBMITTAL OF REQUIRED DOCUMENTATION
The applicable documents must be received by the Managing Department.within the following times allocated. in
order for the entire bid to be considered responsive to the specifications.
I. MAVBE Utilization Form: received by 5:00 p.m.,five(S)City business days after the
bid opening date,exclusive of the bid opening date.
2. Prime Contractor Waiver Form: received by 5:00 p.m.,rive(5)City business days after the
bid opening dale,exclusive of the bid opening dale.
3. Good Faith Effort Form: received by 5:00 p.m.,five(5)City business days after the
bid opening date,exclusive of the bid opening date.
FAILURE TO COMPLY WITH THE CITY'S MANDE ORDINANCE,WILL RESULT IN THE 010 BEING
CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS.
Any questions,please contact the M/WBE Office at 12:')137 14104.
a.,,.br2r9e
MWBE- I
Apr 27 00 04: 28p TPW 817-871-8488 p• 3
ATTACHMEI
City of Fort Worth Page
Minority and Women Business Enterprise Specifications
MBE/WBE UTILIZATION.
S tca hens Tom,. of 6-tDj.r tl, AArr) ?,o zoos
PRIME COMPANY NAME 010 OATE
r�rg,NMTts'�r M. ,���r .i B r�td:t►'
PROJECTE r PROJECT NUMBER
C1T1"S PIAVar, ritOJECT GOAL: 90 IMAVItr PERCENTAGE ACHIEVED: 2 ii 70
ro
ailure to Complete this form, in Its entirety with supporting documentation,and received by the Managing-Depa�.n or before 5:00 p.m.five(S)City business days after bid opening,exclusive of bid opening dale,will result in veing considered non-responsive to bid specifications.
The undersigned bidder agrees to enter Into a formal agreement with the MBE and/or WBE firms for work listed If
schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knc
misrepresentation of facts Is grounds for consideration of disqualification and will result In the bid being consk
non-responslve to specifications.
Company Name,Contact Name, Certified I Specify A I Contracting Specify All Items to be Dotlar Amot
Address,and Telephone No. Scope of Work(') Supplied(') Z
z �
NJr Dv Ar_o-Ker'S X _ Rc43llGt1040"ty ,)tsR rrl,t�lrp,) �kl�
3S_o�4ris f}ve. Sber►*hlr�, w,ll tas./eM F,� rue .
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pry%ft1 F,9%1C4Gt'err7ry
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LtNYBEs must be located In the 91nine)county marketptacR or currently doing business In the marketplace at the time of bid
VI Specify all areas In which MWBE's are to be utilized and/or Items to be supplied:
V) A complete listing or Items to De supplied is required in order to receive credit toward the MIWBE goal.
(")Identify each Tier level. Tier:Means_the level of subcontractiec belo—tht prime ct:rt:sciorlcansutunl.i.e..a diiecl Pay,
from the prime contractor to a subcontractor is considered t"tier.a payment by a subcontractc
its supplier Is considered 2~list.
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.,FIVE(S)CITY BUSINESS DAYS AFTER B
.OPENING,EXCLUSIVE OF THE BIO OPENING DATE
Acv
Pages 1 and Z of Attachment 1A must be received by the Managing Department
MWBE-2
Apr 27 00 04: 28p TPW 817-871-8488 p• 4
ATTACHMENT t
Page 2 of
City of Fort Worth
Minority and Women business Enterprise Specifications
ar
MBEIWBE UTILIZATION
Company Name,Contact Name, CcNfied Specify MI Contracting Specify Aft Items to be Dollar Amount
Address,and Telephone No. Scope of Work(') Supplied(•) o
e t
77(( N
' I The bidder further agrees to provide, directly to the City upon request, complete and accurate information regardinc
actual work performed by all subcontractors.including MBE(s) and/or WBE(s) arrangements submitted with this bid
The bidder also agrees to allow an audit and/or examination of any books,records and Fifes held by their company that
will substantiate the actual work performed by the MSE(s) and/or WBE(s) on this contract,by an authorized officer of
employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the
contract or debarment from City work for a period of not less than three(3)years and for initialing action under Federal.
State or Local taws concerning false statements. Any failure to comply with this ordinance and creates a material
breach of contract may result in a determination of an Irresponsible offeror and barred from participating in City work
for a period of tial not less than one(1)year.
L �6,- %n BEs MUST BECERTIFIED BY THE CITY BEFORE CONTRACT AWARD
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ed ignature Printed Signature
g Titetasta-twt ,t!5.0&+h TJOA .� —Pr�,j ec'r/S'ln naatr
,,�L r 1L Contact Name and le(it different)
Company Name Telephone dumber(s)
19 S. 1912). Z.71
Address Fax Number
,. flit 1'�x -)60
Cii, StatefZi Code Date
THIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m..FIVE(5)CITY BUSINESS DAYS AFTER BID
OPENING.EXCLUSIVE OF THE BID OPENING DATE
Rev.61219%
Pages 1 and 2 of Attachment to must be received by the Managing Department
MWBE-3
Apr 27 00 04: 27p TPW 817-871 -8488 p. 1
FoP,TWQP,TH
oft.
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
CITY OF FORT WORTH
BUILDING SERVICES
3409 HARLEY AVENUE
871-8088
FAX 871-8488
FAX NOTE
DATE: ��'2.'7--�� NO PAGES:
TO: ,(�!L'1�I �IG �G ✓ �•p Al, FAX:
FROM: BOB WOOD 'S
MESSAGE:
--Tom Srov"s capcaot*L C�krG
w
City of Fort Worth, Texas
Transportation/Public Works Department
Building Services Division/Architectural Services Section
GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION
SECTION A be necessary for the proper execution or progress of the
DEFINITIONS,PROCEDURES AND INTERPRETATIONS work. Such Interpretations shall be furnished at the instance
of the Architect or at the request of the Contractor,or Owner,
A-1 CONTRACT DOCUMENTS. By the term Contract and will be issued with reasonable promptness and at such
Documents is meant all of the written and drawn documents times and in accordance with such schedule as may be
setting forth or affecting the rights of the parties, including agreed upon. Such Interpretations shall be consistent with
but not necessarily limited to, the Contract, Notice to the purposes and intent of the Pians and Specifications and
Bidders, Proposal, General Conditions, Special Conditions, may be effected by Field Order. In the event of any dispute
Specifications, Plans, Bonds and all Addenda,Amendments between any of the parties to the Contract and the Architect
signed by all parties, Change Orders, written Interpretations or each other involving the interpretation of the Contract
and any written Field Order for a minor change in the Work. Documents,the evaluation of work or materials performed or
fumished by the Architect Contractor, or any subcontractor
A-2 ENTIRE AGREEMENT. The Contract Documents or materialsman,or involving any question of fault or liability
represent the entire agreement between the Parties,and no of any party, the decision of the Owner shall be final and
prior or contemporaneous, oral or written agreements, binding.
instruments or negotiations shall be construed as altering the
terms and effects of the Contract Documents. After being In the event of inconsistency in the contract documents,the
executed, the Contract Documents can be changed only by following sequence for interpretation shall be used in order
a written Amendment signed by the Contractor and the of precedence:Change Orders and/or Field Orders(by date
Owner, or Change Order, or by a written Field Order for a of issuance); Addenda (by date of issuance); Drawings;
minor change. Notes and dimensions on Drawings; Technical
Specifications; Special Provisions; Supplementary General
A-3 WORK. By the term Work is meant all labor, Conditions;General Conditions;and,Construction Contract.
supervision,materials and equipment necessary to be used
or incorporated in order to produce the construction required A-9 COPIES OF WORKING DRAWINGS AND
by Contract Documents. SPECIFICATIONS. The Architect will fumish to Contractor
free of charge 15 sets of working Drawings and 15 sets of
A-4 EXECUTION OF THE CONTRACT Specifications. Contractor shall pay the cost of reproduction
DOCUMENTS. The Contract Documents shall be executed for all other copies of Drawings and Specifications fumished
in six originals by the Contractor and the Owner in such form to him.
as may be prescribed by law.
All Drawings,Specifications and copies thereof fumished by
A-5 FAMILIARITY WITH PROPOSED WORK. Before the Owner of the Architect are and shall remain the property
filing a bid, the bidder shall examine carefully the proposal, of the Owner. They are not to be used on any other project
plans, specifications, special provisions, and the form of and,with the exception of one Contract set for each Party to
contract to be entered into for the work contemplated. He the Contract,are to be returned to the Owner on request at
shall examine the site of work and satisfy himself as to the the completion of the work.
conditions that will be encountered relating to the character,
quality and quantity of work to be performed and materials to A-10 MINORITY AND WOMENS BUSINESS
be fumished. The filing of a bid by the bidder shall be ENTERPRISE POLICY. The City of Fort Worth has goals
considered evidence that he has complied with these for the participation of disadvantaged business enterprises in
requirements and has accepted the site as suitable for the City contracts. Compliance with the policies designed to
work. meet these goals is mandatory in order to be considered a
responsive bidder. The City policy and procedures to be
Claims for additional compensation due to variations followed in submitting bids is included.
between conditions actually encountered in construction and
as indicated by the plans will not be allowed. The City of Fort Worth MWBE Program will take precedence
over other subcontractor utilization programs on Block Grant
A-6 ONE UNIFIED CONTRACT. Insofar as possible, and other Federally funded Projects.
the Contract Documents will be bound together and
executed as a single unified Contract, the intention of the A-11 CORRELATION AND INTENT. In general, the
Contract Documents being to provide for all labor, drawings indicate dimension,locations,positions,quantities,
supervision,materials,equipment and other items necessary and kinds of construction; the specifications indicate the
for the proper execution and completion of the Work. Words quality and construction procedures required. Work
that have well recognized technical or trade meanings are indicated on the drawings and not specified of vice-versa,
used herein in accordance with such recognized meanings. shall be fumished as though set forth in both. Work not
detailed, marked or specified shall be the same as similar
A-7 DIVISION OF WORK. The arrangement of parts that are detailed,marked or specified. If the drawings
Drawings and/or Specifications into Divisions, Sections, are in conflict or conflict with the specifications the better
Articles, or other Subdivisions shall not be binding upon the quality or greater quantity or work or materials shall be
contractor in dividing the work among Subcontractors or estimated and shall be furnished or included. Dimensions
Trades. on drawings shall take precedence over small-scale
drawings. Drawings showing locations of equipment,piping,
A-8 INTERPRETATIONS. The Architect will furnish ductwork, electrical apparatus, etc., are diagrammatic and
such Interpretations of the Plans and Specifications as may job conditions may not allow installation in the exact location
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shown. Relocation shall not occur without the Architects b) Place no further orders or subcontracts except as
approval. may be necessary for the completion of the work not
terminated.
A-12 AGE In accordance with the policy ("Policy") of
the Executive Branch of the federal government,Contractor c) Terminate all orders and subcontracts to the
covenants that neither it nor any of its officers, members, extent that they relate to the performance of the work
agents, employees, program participants or subcontractors, terminated by the notice of termination.
while engaged in performing this contract, shall, in
connection with the employment,advancement or discharge After termination as above,the City will pay the contractor a
of employees or in connection with the terms, conditions or proportionate part of the contract price based on the work
privileges of their employment, discriminate against persons completed; provided, however, that the amount of payment
because of their age except on the basis of a bona fide on termination shall not exceed the total contract price as �.
occupational qualification, retirement plan or statutory reduced by the portion thereof allocatable to the work not
requirement. completed and further reduced by the amount of payments,
if,any otherwise made. Contractor shall submit its claim for
Contractor further covenants that neither it nor its officers, amounts due after termination as provided in this paragraph
members, agents, employees, subcontractors, program within 30 days after receipt of such claim. In the event of
participants, or persons acting on their behalf, shall specify, any dispute or controversy as to the propriety or allowability
in solicitations or advertisements for employees to work on of all or any portion of such claim under this paragraph,such
this contract, a maximum age limit for such employment dispute or controversy shall be resolved and be decided by
unless the specified maximum age limit is based upon a the City Council of the City of Fort Worth,and the decision
bona fide occupational qualification, retirement plan or by the City Council of the City of Fort Worth shall be final
statutory equipment and binding upon all parties to this contract
Contractor warrants it will fully comply with the Policy and B-3 DUTIES OF THE ARCHITECT As used herein,
will defend, indemnify and hold City harmless against any the term Architect means the Architect or his authorized
claims or allegations asserted by third parties or subcontrac- representative. Nothing contained in these Contract
for against City arising out of Contractor's and/or its Documents shall create any privity of Contract between the
subcontractors' alleged failure to comply with the above Architect and the Contractor.
referenced Policy concerning age discrimination In the
performance of this agreement. B-4 ARCHITECT A$ REPRESENTATIVE OF THE
OWNER The Architect will provide general administration of
A-13 DISABILITY: In accordance with the provisions of the Contract on behalf of the Owner and will have authority
the Americans With Disabilities Act of 1990 ("ADA'), to act as the representative of the Owner to the extent
Contractor warrants that it and any and all of its provided in the Contract Documents unless changed in
subcontractors will not unlawfully discriminate on the basis of writing by the Owner. The Architect will be available for
disability in the provision of services to the general public, conferences and consultations with the Owner or the
nor in the availability,terms and/or conditions of employment Contractor at all reasonable times.
for applicants for employment with, or employees of
Contractor or any of its subcontractors. Contractor warrants B-5 ACCESS TO JOB SITES. The Architect shall at
it will fully comply with ADA provisions and any other all times have access to the Work whenever it is in
applicable federal, state and local taws concerning disability preparation and progress. The Contractor shall provide
and will defend, indemnify and hold City harmless against facilities for such access so the Architect may perform its
any claims or allegations asserted by third parties or assigned functions under the Contract Documents.
subcontractors against City arising out of Contractorjs and/or
its subcontractors' alleged failure to comply with the The Architect will make periodic visits to the Site to
above-referenced laws concerning disability discrimination in familiarize himself with the progress and quality of the work
the performance of this agreement and to determine if the work is proceeding in accordance
with the Contract documents. On the basis of on-site
observations, the Architect will keep the Owner informed of
the progress of the Work and will endeavor to guard the
SECTION B Owner against defects and deficiencies in the Work of the
IDENTITY OF ARCHITECT Contractor. Based upon such observations and the
Contractor's applications for payments, the Architect will
B-1 CONTRACT ADMINISTRATION. Where the tern make determinations and recommendations concerning the
"Architect"is used in the'General Conditions of the Contract amounts owing to the Contractor and will issue certificates
for Construction",it shall refer to the Director,Transportation for payment amounts.
and Public Works or his designated Project Manager. The
Director, Transportation will designate a Project Manager B-6 INTERPRETATIONS. The Architect will be, in the
and Construction Manager to administer this contract and first instance,the interpreter of the requirements of the Plans
perform the functions of the "Architect" as indicated in the and Specifications and the judge of the performance
General Conditions. The design architect or engineer may thereunder by the Contractor,subject to the final decision of
also be designated to perform the duties of"Architect". the Owner.
B-2 TERMINATION AND SUSPENSION OF WORK: The Architect's decisions in matters relating to artistic effect
The Owner has the right to terminate the Project for any will be final if consistent with the intent of the Contract
reason. If the project is terminated,the Contractor shall: Documents.
a) Stop work under the Contract on the date and to B-7 AUTHORITY TO STOP WORK. The Architect will
the extent specified on the notice of termination. have authority to reject work that does not conform to the
Plans and Specifications. In addition, whenever, in its
reasonable opinion, the Architect considers it necessary or
advisable in order to insure the proper realization of the
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intent of the Plans and Specifications,the Architect will have reasonable and shall furnish information under its control
authority to require the Contractor to stop the Work or any with reasonable promptness at the request of the Contractor.
portion thereof, or to require special inspection or testing of
the Work whether or not such Work be then fabricated, C-3 INSTRUCTIONS. The Owner shall issue all
installed or completed. instructions to the Contractor through the Architect.
B-8 MISCELLANEOUS DUTIES OF ARCHITECT. C-4 ACCESS TO JOB SITE. The Owner shall at all
times have access to the Work whenever it is in preparation
Shop Drawings. The Architect will review Shop Drawings and progress. The Contractor shall provide facilities for such
and Samples as provided in Section D. Two copies of each access so the Owner may perform its assigned functions
approved Shop Drawing and submittal will be provided to the under the Contract Documents.
Owner by the Architect.
C-5 PROGRESS INSPECTIONS. The Owner and the
Change Orders. Change Orders and Feld Orders for Minor Architect will make visits to the Site to familiarize themselves
Changes in the Work will be issued by the Owner through with the progress and quality of the Work and to determine if
the Architect in accordance with the provisions of Section L. the work is proceeding in accordance with the Contract
documents. On the basis of on-site observations and
Guarantees. The Architect will receive on behalf of the reports provided by the Architect conoeming the progress
Owner all written guarantees and related documents and quality of the work, the Owner will approve and
required of the Contractor. Upon completion of the project authorize the Contractor's applications for payments.
the Contractor shall provide the Architect five copies of each
guarantee. The Architect will provide three copies of each C-6 AUTHORITY TO STOP WORK. The Owner will
guarantee to the Owner. have authority to reflect work that does not conform to the
Plans and Specifications. Whenever, in its reasonable
Inspections The Architect will conduct inspections for the opinion, the Owner considers it necessary or advisable in
purpose of determining and making his recommendations order to insure the proper realization of the intent of the
concerning the dates of substantial completion and final Plans and Specifications, the Owner will have authority to
completion. require the Contractor to stop the work or any portion
thereof, or to require the Contractor to stop the Work or any
Operation and Maintenance Manuals The Architect will portion thereof, or to require special inspection or testing of
receive on behalf of the Owner,six copies of all applicable the Work whether or not such Work be then fabricated,
equipment installation, operation, and maintenance installed or completed.
brochures and manuals required of the Contractor. The
Architect will provide three copies of this information to the C-7 SUBSTANTIAL COMPLETION INSPECTION.
Owner. Upon agreement of the Contractor and Architect that the
Work is substantially complete, the Owner will schedule a
B-9 TERMINATION OF THE ARCHITECT. In case of Substantial Completion Inspection to be conducted by the
the termination of the emolovment of the Architect by the Architect and attended by representatives of the Architect,
Owner, the Owner shall either assume the duties of the Owner and Contractor. Items identified during this inspection
Architect through the Director of the Department of as being incomplete, defective or deficient shall be
Transportation and Public Works, or shall appoint a incorporated into a punch list to be prepared by the Architect
successor Architect against whom the Contractor makes no and attached to the AIA document G704, which is to be
reasonable objection. prepared and signed by the Contractor, and accepted,
approved and signed by the Owner.
SECTION C
OWNER C-8 RIGHT TO AUDIT:
C-1 IDENTIFICATION. By the term Owner is meant Contractor agrees that the City shall, until the expiration of
the City of Fort Worth acting herein by its duly authorized three years after final payment under this contract, have
representatives in the manner provided by law. Authorized access to and the right to examine any directly pertinent
representatives include the City Manager, Assistant City books, documents, papers and records of the contractor
Manager, the Director and of Transportation and Public involving transactions relating to this contract
Works Department and members of the Building Services
Division. Generally speaking a designated representative Contractor further agrees to include in ail his subcontracts
will be identified from within the Building Services Division to hereunder a provision to the effect that the subcontractor
act as a point of contact for day to day contract agrees that the City shall, until the expiration of three years
administration. after final payment under the subcontract, have access to
and the right to examine any directly pertinent books,
C-2 DUTIES OF THE OWNER. The Owner shall documents, papers and records of such subcontractor,
furnish surveys describing the physical characteristics,legal Involving transactions to the subcontract. The term
limits and utility locations for the site of the Work; provided, 'subcontract"as used herein includes purchase orders.
however, that the Contractor hereby covenants that he has
inspected the premises and familiarized himself therewith Contractor agrees to photocopy such documents as may be
and that the locations of utilities and other obstacles to the requested by the city. The city agrees to reimburse
prosecution of the Work as shown on the Owners survey Contractor for the costs of copies at the rate published in the
are for Information only, are not binding upon the Owner, Texas Administrative Code.
and the Owner shall not incur any liability for loss or damage
by virtue of any inaccuracies or deficiencies in such surveys.
The Owner shall secure and pay for title to the site and all SECTION D
necessary permanent or construction easements. The CONTRACTOR
Owner will cooperate with the Contractor in the prosecution
of the Work in such manner and to such extent as may be D-1 IDENTIFICATION. The Contractor is the person
or organization identified as such in the Contract The term
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Contractor means the Contractor or his authorized may be considered defective. If required by the Architect or
representative, the Owner,the Contractor shaft furnish satisfactory evidence
as to the kind and quality of materials and equipment.
D-2 INDEPENDENT CONTRAQTOR Contractor shall
perform all work and services hereunder as an independent The warranty provided in this Section shall be in addition to
contractor,not as an officer,agent,or employee of the City, and not in limitation of any other warranty or remedy
Contractor shall have exclusive control of and the exclusive provided by law or the Contract Documents.
right to control the details of the work and services
performed hereunder,and all persons performing same,and D-9 TAXES. The Contractor is exempt from State
Contractor shall be solely responsible for the acts and Sales Tax on material incorporated into the finished
omissions of its officers,agents, and employees. Nothing construction,Excise and Use Tax.
herein shall be construed as creating a partnership or joint
enterprise between City and the Contractor, its officers, D-10 LICENSES NOTICES AND FEES. The
agents and employees, and the doctrine of respondeat Contractor shall obtain all Permits, Licenses, Certificates,
superior shall not apply. and Inspections, whether permanent or temporary, required
by law or these Contract Documents.
D-3 SUBLETTING It is further agreed that the
performance of this Contract,either in whole or in part,shall The Contractor shalt give all Notices and comply with all
not be sublet or assigned to anyone else by said Contractor Laws, Ordinances, Rules, Regulations and Orders of any
without the written consent of the Director of Transportation public authority bearing on the performance of the Work. If
and Public Works of the City of Fort Worth. the Contractor observes or becomes aware that bearing on
the performance of the Work. If the Contractor observes or
D-4 REVIEW OF CONTRACT DOCUMENTS. The becomes aware that any of the Contract Documents are at
Contractor shall carefully study and compare the Agreement, variance therewith in any respect, he shall promptly notify
Conditions of the Contract, Drawings, Specifications, the Architect in writing and any necessary changes will be
Addenda and modifications and shall at once report to the made.If the Contractor performs any Work knowing that it is
Owner and to the Architect any error, inconsistency or in violation of, or contrary to, any of such Laws, Statutes,
omission he may discover.The Contractor shall do no work Charter, Ordinances. Orders or Directives, or Regulations
without Drawings.Specifications and Interpretations. without furnishing Notice to the Architect,the Contractor will
assume full responsibility therefor and bear all costs -
D-5 SUPERVISION. The Contractor shall supervise attributable thereto.
and direct the Work, using his best skill and attention. He
shall be solely responsible for all construction means, D-11 CASH ALLOWANCES. The Contractor shall
methods, techniques, sequences and procedures and for include in the Contract Sum all allowances stated in the
coordinating all portions of the Work under the Contract Contract Documents. These allowances shall cover the net
Documents. cost of the materials and equipment delivered and unloaded
at the site, and all applicable taxes. The Contractor's
D-6 LABOR AND MATERIALS. Unless otherwise handling costs on the site,labor,installation costs,overhead,
specifically noted,the Contractor shall provide and pay for all profit and other expenses contemplated for the original
labor, materials, equipment, tools, construction equipment allowance shall be included in the Contractor Sum and not in
and machinery,water,heat,utilities,transportation and other the allowance.The Contractor shall cause the Work covered
facilities and services necessary for the proper execution by these allowances to be performed for such amounts and
and completion of the Work. by such persons as the Architect may direct, but he will not
be required to employ persons against whom he makes a
The successful low bidder will use its reasonable best efforts reasonable objection. If the cost, when determined, is more
to hire local laborers, workmen and materialmen. The than or less than the allowance, the Contract Sum shall be
general condition is not to be constructed as limiting the right adjusted accordingly by Change Order which will Include
of any bidder to employee laborers,workmen or materialmen additional handling costs on the site,labor,installation costs,
from outside local area. field overhead, profit and other direct expenses resulting to
the Contractor from any increase over the original allowance.
The Contractor shall at all times enforce strict discipline and
good order among his employees, and shall not employ on D-12 SUPERINTENDENT. The Contractor shall
the Work any unfit person or anyone not skilled in the task employ a competent superintendent and necessary
assigned to him. assistants who shall be in attendance at the Project site
during the progress of the Work.The superintendent shall be
D-7 PREVAILING WAGE RATE. The Contractor satisfactory to the Contractor and the Owner. The
agrees to pay not less than the general prevailing rate of per superintendent shall represent the Contractor and all
diem wages for Work of a similar character in the locality in communications given to the superintendent shall be binding
which the Work is performed, and not less than the general as if given to the Contractor. Important communications will
prevailing wage of per diem wages for a legal holiday and be confirmed in writing. Other communications will be so
overtime work to all laborers, workmen and mechanics confirmed on written request in each case.
employed on the Work under this Contract. The Contractor
agrees to pay at least the minimum wage per hour for all D-13 SESPONSIBILITIES FOR EMPLOYEES AN,ja
labor as the same is classified and set out by the City of Fort SUBCONTRACTORS. The Contractor shall be responsible
Worth, Texas,a copy of which is attached hereto and made to the Owner for the acts and omissions of all his employees
a part hereof the same as if it were copies verbatim herein. and all Sub-contractors,their agents and employees, and all
other persons performing any of the Work under a contract
D-8 WARRANTY. The Contractor warrants to the with the Contractor.
Owner and the Architect that all materials and equipment
furnished under this Contract will be new unless otherwise D-14 FAILURE TO COMMENCE WORK: Should the
specified,and that all work will be of good quality,free from Contractor fail to begin the work herein provided for within
faults and defects, and in conformance with the Contract the time herein fixed or to carry on and complete the same
Documents. All work not so conforming to these standards according to the true meaning of the intent and terms of said
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rPlans, Specifications and Contract Documents, then the The Architect will review and approve Shop Drawings and
Owner shall have the right to either demand the surety to Samples with reasonable promptness so as to cause no
take over the work and complete same in accordance with delay, but only for conformance with the design concept of
the Contract Documents or to take charge of and complete the Project and with the information given in the Contract
the work in such a manner as it may deem proper,and if, in Documents.The Architect's approval of a separate item shall
the completion thereof, the cost to the said City shall not indicate approval of an assembly in which the item
exceed the contract price or prices set forth in the said plans functions.
and specifications made a part hereof,the Contractor and/or
its Surety shall pay said City on demand in writing, setting The Contractor shall make any corrections required by the
forth and specifying an itemized statement of the total cost Architect and shall resubmit the required number of
thereof,said excess cost. corrected copies of Shop Drawings or new Samples until
approved. The Contractor shall direct specific attention in
D-15 PROGRESS SCHEDULE. The Contractor, writing or on resubmitted Shop Drawings to revisions other
immediately after being awarded the contract, shall prepare than the corrections requested by the Architect on previous
and submit for the Architects approval, an estimated submissions.
progress schedule for the Work.The progress schedule shall
be related to the entire Project This schedule shall indicate The Architect's approval of Shop Drawings or Samples shall
the dates for the starting and completion of the various not relieve the Contractor of responsibility for any deviation
states of construction and shall be revised as required by the from the requirements of the Contract Documents unless the
conditions of the Work,subject to the Architect's approval. it Contractor has informed the Architect in writing of such
shall also indicate the dates for submission and approval of deviation at the time of submission and the Architect has
shop drawings and submittals as well as the delivery given written approval to the specific deviation. Architect's
schedule for major pieces of equipment and/or materials. approval shall not relieve the Contractor from responsibility
for errors or omissions in the Shop Drawings or Samples.
The progress schedule shall be updated at least monthly by
the contractor and submitted to the Architect for approval No portion of the Work requiring a Shop Drawing or Sample
with the Contractors monthly progress payment requests. submission shall be commenced until the Architect has
approved the submittal. All such portions of the Work shall
D-16 DRAWINGS AND SPECIFICATIONS AT THE be in accordance with approved Shop Drawings and
§M. The Contractor shall maintain at the site for the Samples.
Owner one copy of all Drawings, Specifications, Addenda,
approved Shop Drawings, Change Orders, and other D-18 SITE USE. The Contractor shall confine
Changes and Amendments in good order and marked to operations at the site to areas permitted by law,ordinances,
record all changes made during construction. These shall perrnits and the Contract Documents and shall not
I, also be available to the Architect The Drawings,marked to unreasonably encumber the site with any materials or
record all changes made during construction, shall be equipment Until acceptance of the work by the City Council
delivered to the Architect upon completion of the Work, and of the City of Fort Worth,the entire site of the Work shall be
the Architect will prepare, and provide to the Owner, one under the exclusive control, care and responsibility of the
complete set of reproducible record drawings of the work. Contractor. Contractor shall take every precaution against
injury or damage to persons or property by the action of the
D-17 SHOP DRAWINGS AND SAMPLES. Shop elements or from any other cause whatsoever. The
Drawings are drawings, diagrams, illustrations, schedules, Contractor shall rebuild,repair,restore and make good at his
performance charts, brochures and other data which are own expenses all injuries or damages to any portions of the
prepared by the Contractor or any Subcontractor, Work occasioned by any of the above, caused before
manufacturer, supplier or distributor, and which illustrate acceptance.
some portion of the Work.
D-19 SAFE WORK PRACTICES, The Contractor shall
Samples are physical examples fumished by the Contractor employ safe practices in handling materials and equipment
to illustrate materials, equipment or workmanship, and to used in performing required work so as to insure the safety
establish standards by which the Work will be judged. of his workmen, City employees and the public. The
Contractor shall keep the premise free at all times from
The Contractor shall review, stamp with his approval and accumulation of waste materials or rubbish. At the
submit,with reasonable promptness and in orderly sequence completion of the work, the Contractor shall remove all his
so as to cause no delay in the Work or in the work of any wastes and rubbish from and about the work area,as well as
other contractor,normally within the first 90 days of the work, his tools, equipment and surplus materials and shall leave
s six copies of all shop Drawings and Samples required by the the area as clean and free of spot,stains,eta,as before the
j Contract Documents or subsequently by the Architect as work was undertaken.
f covered by changes or amendments. Shop Drawings and
Samples shall be properly identified as specified,or as the D-20 FIELD OFFICES AND SHEDS The Contractor is
Architect may require. At the time of submission the not required to provide a temporary field office or telephone
Contractor shall inform the Architect in writing of any for projects under $500,000. Contractor shall equip the
kr deviation in the Shop Drawings or Samples from the Project Superintendent with a pager and provide 24-hour
requirements of the Contract Documents. contacts to the City.
o. By approving and submitting Shop Drawings and Samples, D-21 TRENCH SAFETY The Contractor shall be
the Contractor thereby represents that he has determined responsible for all design and implementation of trench
and verified all field measurements, field construction shoring and stabilization to meet regulatory requirements. If
criteria, materials, catalog numbers and similar data, and the Proposal requires,the Contractor shall include a per unit
that he'has checked and coordinated each shop drawing cost for trench safety measures in his bid. If not included in
given in the Contract Documents.The Architect's approval of the Proposal, the Contractor shall include a cost for trench
a separate item shall not indicate approval of an assembly in safety measures for all trenches over 5 feet in depth in his
which the item functions. Schedule of Values.
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D-22 CUTTING AND PATCHING OF WORK. The The Contractor shall not make any substitution for any
Contractor shall do all cutting,fitting or patching of his Work Subcontractor or person or organization that has been
that may required to make its several parts fit together accepted by the Owner and the Architect, unless the
properly, and shall not endanger any Work by cutting, substitution is also acceptable to the Owner and the
excavating or otherwise altering the Work or any part of it. Architect.
D-23 CLEAN UP. The Contractor at all times shall keep E-3 TERMS OF SUBCONTRACTS. All work
the premises free from accumulation of waste materials or performed for the Contractor by a Subcontractor shall be
rubbish. At the completion of the Work he shall remove all pursuant to an appropriate agreement between the
his waste materials and rubbish from and about the Project Contractor and the Subcontractor (and where appropriate
as well as all his tools, construction equipment, machinery between Subcontractors and Sub-subcontractors) which
and surplus materials,and shall clean all glass surfaces and shall contain provisions that:
leave the Work 'Broom-clean" or its equivalent, except at
otherwise specified. In addition to removal of rubbish and 1. preserve and protect the rights of the Owner and the
leaving the buildings "broom-clean", Contractor shall dean Architect under the Contract with respect to the Work to
all glass, replace any broken glass, remove stains, spots, be performed under the subcontract so that the
marks and dirt from decorated work, clean hardware, subcontracting thereof will not prejudice such rights;
remove paint spots and smears from all surfaces, clean
fixtures and wash all concrete,file and terrazzo floors. 2. require that such Work be performed in accordance
with the requirements of the Contract Documents;
If the Contractor fails to dean up,the Owner may do so,and 3, require submission to the Contractor of applications for
the cost thereof shall be charged to the Contractor. payment under each subcontract to which the
Contractor is a party, in reasonable time to enable the
0-24 COMMUNICATIONS. As a general rule, the Contractor to apply for payment;
Contractor shall forward all communications to the Owner
through the Architect, and in all other instances the 4. require that all claims for additional costs,extensions of r
Contractor shall furnish the Architect a copy of any time, damages for delays or otherwise with respect to
communication sent directly to the Owner. subcontracted portions of the Work shall be submitted
to the Contractor (via any Subcontractor or Sub-
SECTION E subcontractor where appropriate) in the manner
SUBCONTRACTORS provided in the Contract Documents for like claims by
the Contractor upon the Owner,
E-1 DEFINITION. A Subcontractor is a person or 5. waive all rights the contracting parties may have
organization who has a direct contract with the Contractor to against one another for damages caused by fire or
perform any of the Work at the site.The term Subcontractor
is referred to throughout the Contract Documents as if other perils covered the properly insurance, except
singular In number and masculine in gender and means a such rights, if any, ass they may have to proceeds of
Subcontractor or his authorized representative. such insurance held by the Owner,and,
Nothing contained in the Contract, Documents shah create 6. obligate each Subcontractor specifically to consent to
g the provisions of this Section
any contractual relation between the Owner and the
Architect and any subcontractor or any of his sub- All of the provisions set out in this section shall be deemed
subcontractors or materialmen, to have been included in every subcontract, and every
E-2 SWARD OF SUBCONTRACTS. The bidder shall subcontract shall be so construed and applied as to the
Owner and the Architect,whether or not such provisions are
furnish a list of the names of the subcontractors or other physically included in the sub-contract
persons or organizations(including those who are to furnish
materials or equipment fabricated to a special design) E-4 MINORITY ANP WOMENS BUSINESS
proposed for such portions of the Work as may be ENTERPRISE (M/WBE1. Should the base bid be less than
designated in the bidding requirements, or if none is so $25,000,the requirements of this section do not apply.
designated in the bidding requirements, the names of the
Subcontractors proposed for the principal portions of the In accordance with City of Fort Worth Ordinance No 11923, -
Work. Prior to the award of the Contract,the Architect shall the City of Fort Worth sets goals for the participation of
notify the successful bidder in writing If either the Owner or minority business enterprises and women business
Architect, after due investigation, has reasonable objection enterprises in City contracts. Ordinance No 11923 is
to any person or organization on such list. Failure of the incorporated in these Specifications by reference.A copy of
Owner and Architect to make an objection to any person or the Ordinance may be obtained from the Office of the City
organization on the list prior to the award of this Contract Secretary. Failure to comply with the Ordinance shall be a
shall not constitute acceptance of such person or material breach of contract.
organization.
The M/WBE UTILIZATION FORM,M/WBE GOALS WAIVER
If,prior to the award of the Contract, the Owner or Architect FORM and GOOD FAITH EFFORT FORM, as applicable,
has an objective to any person or organization on such list, must be submitted within five city business days after bid
and refuses to accept such person or organization, the opening. Failure to submit the post bid information shall
apparent low bidder may,prior to the award,withdraw his bid render the bid non-responsive.
without forfeiture of bid security. If such bidder submits an
acceptable substitute, the Owner may, at its discretion, The City will consider the contractoes performance on other
accept the bid or he may disqualify the bid. If, after the Ci Projects
award, the Owner or Architect objects in wrifin to an City . regarding its M/WBE program in the evaluation
1 9 Y of bids.Failure to comply with the City's M/WBE program,or _
person or organization on such list, the Contractor shall to demonstrate a "good faith effort", shall result In a bid
provide an acceptable substitute. being considered irresponsible.
GC-6 of 24
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Upon request, Contractor must provide the City with
complete and accurate information regarding actual work Other reasons at the discretion of the M/WBE Coordinator
performed by a Minority or Women Business Enterprise
(M/WBE) on the contract and proof of payment thereof. Within ten days after final payment from the City the
Contractor further agrees to permit an audit and/or contractor shall provide the M/WBE Office with
examination of any books, records or files in it's possession documentation to reflect final participation of each M/WBE
that will substantiate the actual work performed by an M/ subcontractor and supplier used on the project.
WBE. The misrepresentation of acts(other than a negligent
misrepresentation) and/or the commission of fraud by the E-5 PAYMENTS TO SUBCONTRACTORS. The
Contractor will be grounds for termination of the contract Contractor shall pay each Subcontractor, upon receipt of
and/or initiating action under appropriate federal, state, or payment from the Owner, an amount equal to the
local laws or ordinances relating to false statement. Further percentage of completion allowed to the Contractor on
any such misrepresentation (other than a negligent account of such Subcontractor's Work. The Contractor shall
misrepresentation)and/or commission of fraud will result on also require each Subcontractor to make similar payments to
the Contractor being determined to be irresponsible and his subcontractors.
barred from participating in City work for a period of time of
not less than three years. If the Architect refuses to issue a Certificate for Payment for
any cause which is the fault of the Contractor and not the
Contractor shall provide copies of subcontracts or cosigned fault of a particular subcontractor, the Contractor shall pay
letters of intent with approved M/WBE subcontractors prior to that Subcontractor on demand, made at any time after the
issuance of the Notice to Proceed. Contractor shall also Certificate for Payment would otherwise have been issued,
provide monthly reports on utilization of the subcontractors for his Work to the extent completed, less the retained
to the Construction Manager. percentage.
The Contractor may count first and second tier The Contractor shall pay each Subcontractor a just share of
subcontractors and/or suppliers toward meeting the goals. any insurance monies received by the Contractor, and he
The Contractor may count toward its goal a portion of the shall require each Subcontractor to make similar payments
total dollar amount of the contract with a joint venture equal to his Subcontractors.
to the percentage of the M/WBE participation in the joint
venture for a clearly defined portion of the work to be The Architect may,on request and at its discretion,furnish to
performed. All subcontractors used in meeting the goals any Subcontractor, if practicable, information regarding
must be certified prior to the award of the Contract. percentages of completion certified to the Contractor on
account of Work done by such Subcontractors.
Whenever a change order affects the work of an M/WBE
subcontractor or supplier, the M/WBE shall be given an Neither the Owner nor the Architect shall have any obligation
opportunity to perform the work. Whenever a change order to pay or to see to the payment of any monies to any
is in excess of 10% of the original contract, the MIWBE Subcontractor.
coordinator shall determine the goals applicable to the work
to be performed under the change order. SECTION F
SEPARATE CONTRACTS
During the term of the contract the contractor shall:
F-1 OWNER'S RIGHT. The Owner reserves the right
1. Make no unjustified changes of deletions in it's M/WBE to award separate contracts in connection with other portions
participation commitments submitted with or of the Work. When separate contract are awarded for other
subsequent to the bid,and, portions of the Work, "the Contractor" in the Contract
Documents in each case shall be the contractor who signs
2. If substantial subcontracting and/or substantial supplier each separate contract.
opportunities arise during the term of the contract which
the contractor had represented he would perform with F-2 MUTUAL RESPONSIBILITY OF
his forces, the contractor shall notify the City before CONTRACTORS. The Contractor shall afford other
subcontracts or purchase orders are let, and shall be contractors reasonable opportunity for the Introduction and
required to comply with modifications to goals as storage of their materials and equipment and the execution
determined by the City,and, of their work,and shalt properly conned and coordinate his
work with theirs.
3. Submit a REQUEST FOR APPROVAL OF CHANGE
FORM,if the contractor desires to change or delete any If any part of the Contractor's Work depends for proper
of the M/WBE subcontractors or suppliers. execution or results upon the work of any other separate
contractor, the Contractor shall inspect and promptly report
Justification for change may be granted for the following: to the Architect any apparent discrepancies or defects in
such work that render it unsuitable for such proper execution
1. Failure of subcontractor to provide evidence of and results. Failure of the Contractor to inspect and report
coverage by Workers'Compensation Insurance shall constitute an acceptance of the other contractor's work
as fit and proper to receive his Work, except as to defects
2. Failure of subcontractor to provide required general which may develop in the other separate contractor's work
liability or other insurance. after the execution of the Contractor's Work.
3. Failure of subcontractor to execute a standard Should the Contractor cause damage to the work or property
subcontract form in the amount of the proposal used by of any separate contractor on the site,the Contractor shall,
the Contractor in preparing his M/WBE Participation upon due notice, settle with such other contractor by
plan agreement, if he will so settle. If such separate contractor
sues the Owner on account of any damage alleged to have
4. Default by the M/WBE subcontractor or supplier in the been so sustained, the Owner shall notify the Contractor
performance of the subcontract. who shall defend against such suit at the Contractor's
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expense, and if any judgment against the Owner arises Water and sewer access fees will be paid by the City. Any
therefrom, the Contractor shall pay or satisfy such judgment other permit fees are the responsibility of the Contractor,
and shall reimburse the Owner for all attorney's fees, court
costs and expenses which the Owner has incurred in G-5 INDEMNIFICATION: Contractor covenants and
connection with such suit agrees to indemnify City's engineer and architect, and their
personnel at the project site for Contractor's sole negligence.
F-3 CUTTING_AND PATCHING UNDER SEPARATE In addition, Contractor covenants and agrees to indemnify,
CONTRACTS. The Contractor shall do all cutting, fitting or hold harmless and defend, at its own expense, the Owner,
patching of his Work that may be required to fit it to receive its officers, servants and employees, from and against any
or be received by the work of other contractors shown in the and all claims or suits for property loss, property damage,
Contract Documents.The Contractor shall not endanger any personal injury, including death, arising out of, or alleged to
work or any other contractors by cutting, excavating or arise out of, the work and services to be performed
otherwise altering any work and shall not cut or alter the hereunder by Contractor, its officers, agents, employees,
work of any other contractor except with the written consent subcontractors, licensees or invitees, whether or not anv
of the Architect such !QWG& damage or death is caulvA in whole or In
part the necr)jmace or alleged negligence of Owner.
Any costs caused by defective or ill-timed work shall be its officers. servants. or emcees. Contractor likewise
bome by the party responsible therefor. covenants and agrees to indemnify and hold harmless the
Owner from and against any and all injuries to Owners
F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute officers, servants and employees and any damage, loss or
arises between the separate contractors as lo their destruction to property of the Owner arising from the
responsibility for cleaning up,the Owner may clean up and performance of any of the terms and conditions of this
charge the cost thereof to the several contractors as the Contract, whether or not any such injury or damage is
Director of the Department of Transportation and Public caused in whole or in part by the negligence or alleged
Works shall determine to be just negligence of Owner, its officers. servants or
employees.
SECTION G
MISCELLANEOUS PROVISIONS In the event Owner receives a written claim for damages
against the Contractor or its subcontractors prior to final
G-1 CONFLICT OF LAWS. The law of the place payment, final payment shall not be made until Contractor
where the site is located shall govern the Contract. The either (a) submits to Owner satisfactory evidence that the
Contractor must familiarize himself and strictly comply with claim has been settled and/or a release from the claimant
all Federal, State, and County and City Laws, Statutes, involved, or (b) provides Owner with a letter from
Charter, Ordinances, Regulations, or Directives controlling Contractors liability insurance carrier that the claim has
the action or operation of those engaged upon the work been referred to the insurance carrier.
affecting the materials used. He shall lndemnlfy and save
harmless the City and all of its officers and agents against The Director may, if he deems it appropriate, refuse to
any claim or liability arising from or based on the violation of accept bids on other City of Fort Worth public work from a
any such Laws, Statutes,Charter, Ordinances,Regulations, Contractor against whom a claim for damages is outstanding
or Directives, whether by himself, his employees, agents or as a result of work performed under a City Contract
subcontractors.
G-6 SUCCESSORS AND ASSIGNS. Except as
G-2 QgVERNING LAWS. It is mutually agreed and provided in Paragraph E-2, this contract shall be binding
understood that this agreement is made and entered into by upon and insure to the benefit of the parties hereto, their
the partes hereto with reference to the existing Charter and Successors or Assigns.Contractor shall not assign or sublet
Ordinances of the City of Fort Worth and the laws of the all or any part of this Contract or his rights or duties
State of Texas with reference to and governing all matters hereunder without the prior written consent of the Owner.
affecting this Contract, and the Contractor agrees to fully Any such purported assignment or subletting without the
comply with all the provisions of the same. prior written consent of Owner shall be void.
G-3 PERSQNAL LIABILITY OF PUBLIC OFFICIALS, G-7 WRITTEN NOTICE. Written Notice shall be
In performing their duties under the Statutes of the State of deemed to have been duly served if delivered in person to
Texas and the Charter and Ordinances of the City of Fort the individual or member of the firm or to an officer of the
Worth in connection with this Contract, or in exercising any corporation for whom it was intended, or If delivered at or
of the powers granted the Owner herein,the officers,agents sent by registered or certified mail lo the last business
and employees of the City of Fort Worth are engaged in the address known to him who gives the notice.
performance of a governmental function and shall not incur
any personal liability by virtue of such performance G-8 SURETY BONDS: Surety Bonds are required on
hereunder,except for gross negligence or willful wrong. all City contracts in excess of $25,000, The Contractor
agrees, on the execution of this Contract, and before
G-4 COMPLIANCE WITH LAWS. Contractor agrees beginning work, to make, execute and deliver to said City of
the comply with all laws, Federal, state and local, including Fort Worth good and sufficient surety bonds for the faithful
all ordinances, rules and regulations of the City of Fort performance of the terms and stipulations of the Contract
Worth, Texas. Materials incorporated into the finished and for the payment to all claimants for labor and/or
Project are not subject to State Sales Tax. materials furnished in the prosecution of the work, such
bonds being as provided and required in Article 5160 of the
Contractors are responsible for obtaining construction Revised Civil Statutes of Texas, as amended, in the form
permits from the governing agencies. Contractor shall included in the Contract Documents, and such bonds shall
schedule all code inspections with the Code Inspection be 100 percent of the total contract price,and the said surety
Division in accordance with the permit requirements and shall be a surety company duly and legally authorized to do
submit a copy of updated schedule to the Construction business in the State of Texas, and acceptable to the City
manager weekly. Building, plumbing, electrical and Council of the City of Fort Worth.
mechanical building permits are issued without charge.
GC-8 of 24
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rBonds shall be made on the forms furnished by or otherwise otherwise the Owner shall bear such costs, and an
acceptable to the City. Each bond shall be properly appropriate Change Order shall be issued.
executed by both the Contractor and the Surety Company.
Bonds required by the City shall be in compliance with all The Contractor shall secure certificate of inspection, testing
relevant local,state and federal statutes. or approval, and three copies will be promptly delivered by
him to the Architect.The Architect will review the certificates
To be an acceptable surety on the bond the name of the and forward one copy of each with his recommendation(s)to
surety should be included on the current U. S.Treasury List the Owner.
of Acceptable Securities [Circular 570), and must be
authorized to do business in Texas. Sureties not listed in If the Architect or Owner wish to observe the inspections,
Circular 570 may write performance and payment bonds on tests or approvals required by this Section, they will do so
a project without reinsurance to the limit of 10 percent of its promptly and,where practicable,at the source of supply.
capital and surplus. Such a surety must reinsure any
obligation over 10 percent The amount in excess of 10 Neither the observations of the Architect or the Owner in
percent must be reinsured by reinsurers who are duly their administration of the Construction Contract, nor
authorized, accredited, or trusteed to do business in the inspections, tests or approvals by persons other than the
State of Texas. Contractor shall relieve the Contractor from his obligations to
perform the Work in accordance with the Contract
Should any surety for the contracted project be determined Documents,
unsatisfactory at any time during same,the Contractor shall
immediately provide a new surety bond satisfactory to the G-12 INTERRUPTION OF EXISTING UTILITIES
City. SERVICES. The Contractor shall perform the work under
this Contract with a minimum of outage time for all utilities.
G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. Interruption shall be by approved sections of the utility. In
If the Contractor defaults or neglects to carry out the Work in some cases,the Contractor may be required to perform the
accordance with the Contract Documents or fails to perform work while the existing utility is in service.The existing utility
any provision of the Contract, the Owner may, without service may be interrupted only when approved by the
prejudice to any other remedy he may have, enter the site Owner.When it is necessary to interrupt the existing utilities,
and make good such deficiencies. In such case an the Contractor shall notify the Owner in writing at least ten
appropriate Change Order shall be issued deducting from days in advance of the time that he desires the existing
the payments then or thereafter due the Contractor the cost service to be interrupted.The interruption time shall be kept
of correcting such deficiencies, including the cost of the to a minimum. Depending upon the activities at an existing
Architect's additional services made necessary by such facility that requires continuous service from the existing
default,neglect or failure. If the payments then or thereafter utility,an interruption may not be subject to schedule at the
due the Contractor are not sufficient to cover such amount, time desired by the Contractor. In such cases, the
the Contract shall pay the difference to the Owner. Interruption may have to be scheduled at a time of minimum
requirements of demand for the utility. The amount of time
G-10 ROYALTIES AND PATENTS. The Contractor requested by the Contractor of existing utility services shall
shall pay all royalties and license fees. He shall defend all be as approved by the Owner.
suits or claims for infringement of any patent rights and shall
save the Owner harmless from loss on account thereof and G-13 LAYING OUT WORK. The Contractor shall verify
shall be responsible for all such loss when a particular dimensions and elevations indicated in layout of existing
design, process or the product of a particular manufacturer work. Discrepancies between Drawings, Specifications, and
or manufacturers is specified;however,if the Contractor has existing conditions shall be referred to Architect for
reason to believe that the design, process or product adjustment before work affected is performed. Failure to
specified is an infringement of a patent, he shall be make such notification shall place responsibility upon
responsible for such loss unless he promptly gives such Contractor to cant' out work in satisfactory workmanlike
information to Architect manner at the Contractor's sole expense.
G-11 TESTS. If the Contract Documents, Laws, The Contractor shall be held responsible for the location and
Ordinances, Rules, Regulations or Orders of any public elevation of all the construction contemplated by the
authority having jurisdiction require any Work to be Construction Documents.
inspected,tested or approved, the Contractor shall give the
Architect timely notice of its readiness and the date arranged Prior to commencing work, the Contractor shall carefully
so the Architect may observe such inspection, testing or compare and check all Architectural, Structural, Mechanical
approval,The Owner shall bear all costs of such inspection, an Electrical drawings;each with the other that In any affects
tests and approvals unless otherwise provided. the locations or elevation of the work to be executed by him,
and should any discrepancy be found, he shall Immediately
If after the commencement of the Work, the Owner or report the same to the Architect for verification and
Architect determine that any Work requires special adjustment. Any duplication of work made necessary by
inspection, testing or approval not included above, the failure or neglect on his part to comply with this function shall
Owner or the Architect, upon written authorization from the be done at the contractors sole expense.
Owner, will instruct the Contractor to order such special
inspection,testing or approval,and the Contractor shall give G-14 MEASUREMENTS: Before ordering any material
notice as required in the preceding paragraph. If such or doing any work, the Contractor shall verify all
special inspection or testing reveals a failure of the Work to measurements at the site or at the building and shall be
comply(1)with the requirements of the Contract Documents wholly responsible for the correctness of same. No extra
or (2) with respect to the performance of the work, with charge or compensation will be allowed on account of any
Laws, Statutes, Charter, Ordinances, Regulations or Orders difference between actual dimensions and dimensions
of any public authority having jurisdiction, the Contractor indicated on the drawings. Any difference which may be
shall bear all costs thereof. Including the Architect's found shall be submitted to the Architect for consideration
additional services made necessary by such costs; and adjustment before proceeding with the project
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G-15 EXISTING OVERHEAD OR UNDERGROUND approval. He shall remove and relocate such items at his
WORK. The Contractor shall carefully check the site where own expense if so directed by the Architect.Where possible
the project is to be erected and observe any existing uniform margins are to be maintained between parallel lines
overhead wires and equipment. Any such work shall be and or adjacent wall,floor or ceiling surfaces.
moved, replaced or protected, as required, whether or no
shown or specified at the contractor's sole expense. G-20 OVERLOADING. The Contractor shall be
responsible for loading of any part or parts of structures
Attention is directed to the possible existence of pipe and beyond their safe carrying capacities by placing of materials,
other underground improvements that may or may not be equipment, tools, machinery or any other item thereon. No
shown on the Drawings.All reasonable precautions shall be loads shall be placed on floors or roofs before they have
taken to preserve and protect any such improvements attained their permanent and safe strength.
whether or not shown on the Drawings.
G-21 MANUFACTURER'S INSTRUCTIONS. Where it
Location of existing underground lines,shown the Drawings is required in the Specifications that materials, products,
are based on the best available sources, but are to be processes, equipment, or the like be installed or applied in
regarded as approximate only. Exercise extreme care in accordance with manufacturer's instructions, direction or
locating and Identifying these lines before excavation in specifications,or words to this effect,it shall be construed to
adjacent areas. mean that said application or installation shall be in strict
accordance with printed instructions fumished by the
G-16 ALIGNMENT OF JOINTS IN FINISH manufacturer of the material concerned for use under
MATERIALS. It shalt be the responsibility of the Contractor conditions similar or those at the job site. Six copies of such
to make certain in the installation of jointed floor, wall and instructions shall be furnished to the Architect and his
ceiling materials that approval thereof obtained before work is begun.
1. preserve and protect the rights of the Owner and the G-22 CLEANING UP. The Contractor shall keep the
Architect under the Contract with respect to the Work to premises free from accumulation of waste material or
be performed under the subcontract so that the rubbish caused by employees or as a result of the work.
subcontracting thereof will not prejudice such rights;
2. Place joints to relate to all opening and breaks in the At completion of work, the General Contractor shall,
structure and be symmetrically placed wherever immediately prior to final inspection of complete building, -
possible. This includes heating registers, light fixtures, execute the following final cleaning work with trained
equipment,etc. janitorial personnel and with material methods
recommended by the manufactures of installed materials.
If because of the non-related sizes of the various materials
and locations of openings, etc., it is not possible to 1. Sweep and buff resilient floors and base, and vacuum
accomplish the above, the Contractor shall request the carpeting.
Architect to determine the most satisfactory arrangement.
The Contractor shall establish centerlines for all trades. 2. Dust all metal and wood trim and similar finished
materials.
G-17 INTEGR ATiNG EXISTING WORK. The
Contractor shall protect all existing street and other 3. Clean all cabinets and casework.
improvements from damages.
4. Dust all ceilings and walls.
Contractor's operations shall be confined to the immediate
vicinity of the new work and shall not in any interfere with or 5. Dust,and if necessary wash,all plumbing and electrical
obstruct the ingress or egress to an from existing adjacent fixtures.
facilities.
6. Wash all glass and similar non-resilient materials.
Where new site work is to be connected to existing work,
special care shall be exercised by the Contractor not to 7. All hardware and other unpainted metals shall be
disturb or damage the existing work more than necessary. cleaned and polished and all equipment and paint or
All damaged work shall be replaced, repaired and restored decorated work shall be cleaned and touched-up if
to its original condition at no cost to the Owner. necessary, and all temporary labels, tags, and paper
coverings removed throughout the buildings. Surfaces
G-18. HAZARDOUS MATERIAL CERTIFIQATION: It Is that are waxed shall be polished.
the intent of the contract documents, whether expressly
stated or not, that nothing containing hazardous materials, B. The exterior of the building, the grounds, approaches,
such as asbestos, shall be incorporated in to the project equipment, sidewalks, streets, etc. shall be cleaned
The contractor shall exercise every reasonable precaution to similar to interior of buildings and left in good order at
ensure that asbestos-containing materials are not the time of final acceptance. All paint surfaces shall be
incorporated into any portion of -the project, including clean and unbroken, hardware shall be dean and
advising all materials suppliers and subcontractors of this polished, all required repair work shall be completed
requirement. The contractor shall verify that components and dirt areas shall be scraped and cleared of weed
containing lead do not contact the potable water supply. growth.
G-19 LOCATION OF EQUIPMENT AND PIPING. 9. Clean all glass surfaces and mirrors of putty, paint
Drawing showing location of equipment, piping, ductwork, materials, etc., without scratching or injuring the glass
etc. are diagrammatic and job conditions may not always and leave the work bright, clean and polished. Cost of
permit their installation in the location shown. When this this cleaning work shall be bome by Contractor.
situation occurs, it shall be brought to the Architect's
attention immediately and the relocation determined in a joint 10. Cleaning, polishing,scaling,waxing and all other finish
conference. The Contractor will be held responsible for the operations indicated on the Drawings or required in the
relocating of any items without first obtaining the Architects Specifications shall be taken to indicate the required
GC- 10 of 24
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condition at the time of acceptance of all work under the control, fan, electrical panels, service entrance
Contract. equipment and light fixtures.
11. Burning: Burning of rubbish on the premises will not be 4) Manufacturer's name, type, color designation for
permitted. resilient floors, windows, doors, concrete block, paint,
roofing,other materials.
G-23 DUST CONTROL. Precaution shall be exercised
at all times to control dust created as a result of any Submit six copies of Maintenance Manual, prior to request
operations during the construction period. if serious for final payment.
problems or complaints arise due to air-bome dust, or when
directed by the Architect, operations causing such problems Operational Inspection and Maintenance Instruction: The
P shall be temporarily discontinued and necessary steps taken Contractor shall provide at his expense, competent
to control the dust. manufacturer's representatives to completely check out all
mechanical and electrical systems and items covered by the
G-24 FIRE PROTECTION. The contractor shall at all Drawings and Specifications. This requirement shall be
Imes maintain good housekeeping practices to reduce the scheduled just prior to and during the initial start up.After all
risk of fire damage or injury to workmen.All scrap materials, systems are functioning properly the representatives shall
rubbish and trash shall be removed daily from in and about instruct maintenance personnel of the Owner in the proper
the building and shall not be permitted to be scattered on operation and maintenance of each item.
adjacent property.
G-27 GUARANTEE AND EXTENDED GUARANTEE.
Suitable storage space shall be provided outside the Upon completion of the Project, prior to final payment,
immediate building area for storing flammable materials and guarantees required by technical divisions of Specifications
paints; no storage will be permitted in the building. Excess shall be properly executed in quadruplicate by
flammable liquids being used inside the building shall be subcontractors and submitted through the Contractor to
kept in closed metal container and removed from the Architect. Delivery of guarantees shall not relieve Contractor
building during unused periods. from any obligation assumed under Contract
A fire extinguisher shall be available at each location where The Contractor shall guarantee the entire Project for one
cutting or welding is being performed. Where electric or gas year. In addition, where separate guarantees, for certain
rp welding or cutting work is done, interposed shields of portions of work,are for longer periods,General Contractor's
incombustible material shall be used to protect against fire guarantee shall be extended to cover such longer periods.
damage due to sparks and hot metal. When temporary Manufacturer's extended warrantees shall be included in this
heating devices are used, a watchman shall be present to contract.
cover periods when other workmen are not on the premises.
Guarantees shall become valid and operative and
The Contractor shall provide fire extinguishers in accordance commence upon issuance of Certificate of Inspection and
with the recommendations and NFPA Bulletins Nos. 10 and Acceptance by Owner. Guarantees shall not apply to work
241. However, in all cases a minimum of two fire where damage is result of abuse, neglect by Owner or his
extinguishers shall be available for each floor of successor(s)in interest
construction.
The Contractor agrees to warrant his work and materials
G-25 CUTTING AND PATCHING Wherever cutting and provided in accordance with this contract and the terms of
removal of portions of the existing work is indicated, such the Technical Specifications contained herein. Unless
work shall be neatly sawed or cut by contractor In a manner supplemented by the Technical Specifications or the
that will produce a neat straight line, parallel to adjacent manufacturers normal extended warrantees, the Contractor
V- surfaces or plumb for vertical surfaces. Care should be shall warrant all work materials, and equipment against
exercised not to damage any work that is to remain. defects for a period of one year from the date of final
acceptance. The Contractor further agrees to bear all costs
At no time shall any structural members be cut without of making good all work that is found to be defective or not
written consent from the Architect. provided in accordance with the Contract Documents.
Additionally if the facility or contents are damaged due to
G-26 PROJECT CLOSEOUT. defective materials or workmanship of the Contractor, the
Contractor further agrees to bear all cost of repairing and/or
Final Inspection. Record Drawings: Attention is called to replacing damaged items and components to bring such
General Conditions Section I entitled, 'Payments and items back to at least their original condition.
f Completion
f G-28 Y2K COMPLIANCE REQUIREMENTS The
Maintenance Manual:Sheets shall be 8 W x 11',except pull Contractor warrants that each hardware, software and
out sheets may be neatly folded to 8%'x 11'.Manuals shall firmware product delivered for Incorporation into the Work be
be bound in plastic covered, 3 ring, loose leaf binder with able to accurately process date/time data between the years
title of project lettered on front and shall contain: 1999 and 2000, including leap year calculations and as
described below:
1) Name,address and trade of all sub-contractors. 1. Date/time data between the information
technology incorporated into the Work shall transfer
2) Complete maintenance instructions; name, address, accurately to and from information technology purchased
and telephone number of installing Contractor, separately from the Work but intended to be used in
manufacturer's local representative, for each piece of association with warranted products or systems.
�.�. operative equipment 2. Where the contract documents require that
products must perform as a system with respect to date/time
3) Catalog data on plumbing fixtures, valves, water data transfer, the warranty described herein applies to the
heaters, heating and cooling equipment, temperature performance of the system rather than to individual products.
GC- 11 of 24
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3. The duration of this warranty and the remedies projects wilt obligate the contractor to provide the specified
available to the Owner for the breach of this warranty shall material if awarded the contract. Within 14 days after bid
be as defined in and subject to,the terms and limitations of opening and upon request of the architect or contractor, the
the Contractor's standard commercial warranty or contractor will submit a full sized sample and/or detailed
warranties. information as required to allow the architect to determine
4. The remedies available to the Owner under this the acceptability of proposed substitutions. Where
warranty shall include repair or replacement of any product equipment has been listed as "no substitute accepted", the
or system whose noncompliance is discovered and made City will accept no alternates to the specified equipment.
known to the Contractor,in writing,within one year following
the date of substantial completion. SECTION H
5. Nothing in the provisions of this warranty shall be CONTRACT TIME
construed to limit any rights or remedies the Owner may
have with respect to defects discovered in the Work not H-1 DEFINITIONS. The Contract Time is the period of
related to compliance requirements of this section. time allotted in the Contract Documents for completion of the
Work.
The contractor agrees to correct defective Work within a one
year period after Date of Substantial Completion, and The date of commencement of the Work is the date
provide one year warranty for accurate transfer of date/time established in the Notice to Proceed. If there is no notice to
data between the years 1999 and 2000 as described within proceed,it shall be the date of the Agreement or such other
this section. date as may be established therein.
G-29 RECORD DRAWINGS. Upon completion of the The Date of Substantial Completion of the Work or
Work and prior to application for final payment,one print of designated portion thereof is the Date certified by the
each of the drawings accompanying this specification shall Architect with the approval of the Owner that construction is
be neatly and dearly marked in red by the Contractor to sufficiently complete, in accordance with the Contract
show variations between the construction actually provided Documents, so the Owner may occupy the Work or
and that indicated or specified in the Contract Documents. designated portion thereof for the use for which it is
The annotated documents shall be delivered to Architect. intended. Final acceptance of the completed work or any
Where a choice of materials and/or methods Is permitted portion thereof can be made only by the City Council of the
herein and where variations in the scope or character of the City of Fort Worth or it's designated Assistant City Manager,
work from the entire work indicated or specified are and no other form of acceptance will be binding upon the
permitted either by award of bidding items specified for that Owner.
purpose, or by subsequent change to the drawings, the
record drawings shall define the construction actually A calendar day constitutes 24 hours of time and is any one
provided. The representation of such variations shall of the seven days of a week,including Sunday,regardless of
conform to standard drafting practice and shall include whether a"Working Day"or not, and regardless of weather
supplementary notes, legends and details which may be conditions or any situation which might delay construction.
necessary for legibility and dear portrayal of the actual An extension of contract time shall be in accordance with
construction.The record drawings shall indicate, in addition, this Section. Extensions of time will be as recommended by
the actual location of all sub-surface utility lines, average the Architect with final approval by City of Fort Worth.
depth below the surface and other appurtenances.
A working day is defined as a calendar day, not including
G-30 CONSTRUCTION FENCE. At the Contractor's Saturdays,Sundays,and legal holidays,in which weather or
option, he may provide a substantial chain-link construction other conditions not under the control of the Contractor
fence around all or a part of the site. The fences and gates pen-nit the performance of work for a continuous period of
must be maintained throughout the construction period. not less than seven hours between 7:00 a.m.and 6:00 p.m.
Remove the fences and gates upon completion of the However, nothing In these Contract Documents shall be
Project and restore the site to the required original or construed as prohibiting the Contractor from working on
contract condition. Saturdays if he so desires. Should the Contractor choose to
work on Saturdays, one day will be charged as contract-
G-31 PRODUCT DELIVERY. STORAGE. HANDLING. working time when weather or other conditions permit seven
The Contractor shall handle,store and protect materials and hours of work as delineated above. Legal holidays are
products,including fabricated components, by methods and defined as being New Year's Day, Independence Day,Labor
means which will prevent damage, deterioration and loss, Day,Thanksgiving Day, Christmas Day, Memorial Day, and
including theft (and resulting delays), thereby ensuring Veteran's Day.
highest quality results as the work progresses. Control
delivery schedules so as to minimize unnecessary long-term H-2 PROGRESS AND COMPLETION. All the time
storage at project site prior to installation. limits stated in the Contract Documents are of essence to
the Contract.
G-32 REMOVAL OF SALVAGED MATERIAL. The
Contractor shall remove salvaged material and equipment The Contractor shall begin the Work on the date of
from the Project site and dispose of it in accordance with the commencement as defined in this Section.He shall carry the
law. Equipment or material identified in the Specifications or Work forward expeditiously with adequate forces and shall
Plans for Owner salvage shall be carefully removed and complete it within the Contact Time.
delivered to the Owner at any location in within the City limits
as directed by the City. H-3 DELAYS AND EXTENSIONS OF TIME. If the
Contractor is delayed at any time in the progress of the Work
G-33 MANUFACTURER'S REFERENCE: Catalog, by any act or neglect of the Owner or the Architect,or by any
brand names,and manufacturer's references are descriptive, employee of the Owner, or by any separate contractor
not restrictive. Bids on brands of like nature and quality will employed by the Owner, or by any separate contractor
be considered. Contractor shall inform the City of any employed by the Owner,or by changes ordered in the Work,
substitutions intended for the project within 5 business days or by labor disputes, fire, unusual delay in transportation,
of bid opening. Failure to inform the City of substitute unavoidable casualties or any causes beyond the
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Contractor's control, or by any cause which the Architect submission by the Contractor of bills of sale or such other
determines may justify the delay,then the contract time may procedures satisfactory to the Owner to establish the
be extended by Change Order for such reasonable time as Owner's title to such materials or equipment or otherwise
recommended by the Architect and approved by the Owner, protect the Owner's interest including applicable insurance
When the Contractor is delayed due to abnormal weather and transportation to the site.
conditions, the weather table provided as WT-1 in these
Contract Documents shall be used as the basis for providing The Contractor warrants and guarantees that title to all
a fair and equitable adjustment of the contract time. Work, materials and equipment covered by an Application
for Payment,whether incorporated in the Project or not,will
All claims for extension of time shall be made in writing to pass to the Owner upon the receipt of such payment by the
the Architect no more than fifteen days after the occurrence Contractor, free and clear of all liens, claims, security
of the delay;otherwise they shall be waived. interests or encumbrances hereinafter referred to as"liens';
and that no Work, materials or equipment covered by an
If no schedule or agreement is made stating the dates upon Application for Payment will have been acquired by the
which written interpretations shall be furnished, then no Contractor, or by any other persons performing the Work at
claim for delay shall be allowed on account of failure to the site or furnishing materials and equipment for the Work,
fumish such interpretation until fifteen days after demand is subject to an agreement under which an interest therein or
made for them, and not then unless such a claim is an encumbrance thereon is retained by the seller or
reasonable. otherwise imposed by the Contractor or such other person.
H4 NO DAMAGE FOR DELAY. No payment, The Contractor shall prepare each application for payment
compensation or adjustment or any kind (other than the on AIA Document G702, 'Application and Certificate for
extensions of time provided for) shall be made to the Payment, and attached thereto AIA Document G703,
contractor for damages because of hindrances or delays 'Continuation Sheer, to indicate the progress made to date
from an cause in the progress of the work, whether such and the period or month for which payment is requested for
hindrances or delays be avoidable or unavoidable, and the each Item listed in the Schedule of Values. A copy of the
contractor agrees that he will make no claim for revised monthly work progress schedule must be attached
compensation,damages or mitigation of liquidated damages before the pay request can be accepted.
for any such delays, and will accept in full satisfaction for
such delays said extension of time. 1-5 CERTIFICATES FOR PAYMENT. If the
Contractor has made Application for Payment as above,the
SECTION I above,the Architect will,with reasonable promptness but not
PAYMENTS AND COMPLETION more than seven days after the receipt of the Application,
prepare a Certificate of Payment, with a copy to the
I-1 CONTRACT SUM. The Contract Sum is stated in Contractor,for such amount detemnined to be properly due,
the proposal as accepted and is the total amount payable by or state in writing reasons for withholding a Certificate.
the Owner to the Contractor for the performance of the Work
under the Contract Documents. The issuance of a Certificate for Payment will constitute a
representation by the Architect to the Owner, based on the
1-2 SCHEDULE OF VALUES. Before the first Architect's observations at the site and the data comprising
Applicable for Payment, the Contractor shall submit to the the Application for Payment, that the Work has progressed
Architect a Schedule of Values of the various portions of the to the point indicated; that the quality of the Work is in
Work, including quantities if required by the Architect, accordance with the Contract Documents (subject to an
aggregating the total Contract Sum,divided so as to facilitate evaluation of the Work as a functioning whole upon
payments to Sub-contractors, prepared in such form as Substantial Completion, to the results of any subsequent
specified or as the Architect and the Contractor may agree tests required by the Contract Documents, to minor
upon, and supported by such data to substantiate its deviations from the Contract Documents correctable prior to
correctness as the Architect may require. Each item in the completion, and to any specific qualifications stated in the
Schedule of Values shall include its proper share of Certificate); and recommendations to the Owner that the
overhead and profit. This Schedule, when approved by the Contractor be paid in the amount certified. in addition, the
Architect and the Owner, shall be used as a basis for the Architect's approval of final payment assures the Owner that
Contractor's Applications for Payment. the conditions precedent to the Contractor's being entitled to
final payment as set forth in this Section have been fulfilled.
I-3 ADJUSTMENT OF QUANTITIES, Where unit
prices and estimated quantities are used to compute the After the Architect has issued a Certificate for Payment, the
contract amount, the Owner may increase the quantities by Owner shall approve or disapprove same within ten days
an amount that is 20%of the total cost for that section. Unit after it has been delivered to the Director of the Department
prices for adjustments to unit quantities In excess to 20% of Transportation and Public Works. For contracts less than
may be negotiated at the request of either party. $400,000,Owner shall pay 90%of the approved estimate to
the Contractor within seven days after its approval, and the
1-4 PROGRESS PAYMENTS. On the first day of remaining 10%of each such estimate will be retained by the
each month after the first month's work has been completed, Owner until the final estimate is approved and the Work is
the Contractor will make current estimates in writing for accepted by the City Council of the City of Fort Worth. For
review by the Architect of materials in place complete and contracts in excess of$400,000, the Owner will retain only
the amount of work performed during the preceding month or 5%of each estimate until the final estimate is approved and
period and the value thereof at the prices contracted for as work accepted by the City Council of the City of Fort Worth.
shown on the approved Schedule of Values and Progress
Schedule. No Certificate for a progress payment, nor any progress
payment, nor any partial or entire use or occupancy of the
If payments are to be made on account of materials or Project by the Owner,shall constitute an acceptance of any
fequipment not incorporated in the Work but delivered and Work not in accordance with the Contract Documents, or
suitably stored at the site or in an Independent, bonded relieve the Contractor of liability in respect to any warranties
warehouse such payments shall be conditioned upon or responsibility for faulty materials or workmanship. The
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Contractor shall promptly remedy any defects in the Work 2) Good faith efforts have been made to settle such out-
and pay for any damage to other work resulting therefrom standing claims,and such good faith efforts have failed.
that shall appear within a period of one year from the date of
final acceptance of the Work unless a longer period is If condition(1)above is met at any time within the six month
specified. period, the Director shall recommend that the final payment
to the Contractor be made. If condition (2) above is met at
1-6 PAYMENTS WITHHELD. The Architect may any time within the six-month period, the Director may
decline to approve an Application for Payment and may recommend that the final payment to the Contractor be
withhold his Certificate in whole or in part if in his opinion he made.At the expiration of the six-month period the Director
is unable to make the representations to the Owner as may recommend that final payment be made if all other work
provided in this Section. The Architect may also decline to has been performed and all other obligations of the
approve any Applications for Payment or, because of Contractor have been met to the satisfaction of the Director.
subsequently discovered evidence or subsequent
inspections, may nullify the whole or any part of any The Director may, if he deems it appropriate, refuse to
Certificate for Payment previously issued to such extent as accept bids on other Transportation and Public Works
may be necessary in his opinion to protect the Owner from Department contract work from a Contractor against whom a
loss because of: claim for damages is outstanding as a result of work
1) defective work not remedied; performed under a City contract.
2) claims filed or reasonable evidence indicating probable 1-8 LIQUIDATED DAMAGES: The deduction for
filing of claims; liquidated damages shall be as follows:
3) failure of the Contractor to make payments properly to Amount of Contract Liquidated Damages Per Day
Subcontractors,or for labor,materials or equipment;
4) reasonable doubt that the Work can be completed for $15,000 o less $45
to
the unpaid balance of the Contract Sum; $15,001 t $25,000 $63
$25,001 to $50,000 $105
5) damage to another contractor, $50,001 to $100,000 $154
$100,000 to $500,000 $210
6) reasonable indication that the Work will not be $500,001 to$1,000,000 $315
completed within the Contract Time;or $1,000,001 to$2,000,000 $420
7) Unsatisfactory prosecution of the Work by the $2,000,001 to$5,000,000 $630
Contractor. $5,000,001 to$10,000,000 $840
over$10,000,000 $980
When such grounds for the refusal of payment are removed, 1-9 FAILURE OF PAYMENT If, without fault on the
payment shall be made for amounts withheld because of part of the Contractor. the Architect should fail to issue any
them.The Owner reserves the right to withhold the payment Certificate for Payment within seven days after receipt of the
of any monthly estimate,without payment of interest, if the Contractor's Application for Payment, if the Contractor's
Contractor fails to perform the Work in accordance with the
specifications or instructions of the Architect. Application for Payment,or if,without fault on the part of the
Contractor, the Owner should fail to approve such estimate
1-7 UNRES LO VED CLAIMS: In the event a written or to pay to the Contractor 90%or 95%(as applicable)of the
claim for damages against the Contractor or its subcon- amount thereof within the period of time specified, then the
tractors remains unsettled at the time all work on the project Contractor may, upon seven days additional written
has been completed to the satisfaction of the Director of the notice to the Owner and to the Architect stop the Work unfit
Transportation and Public Works Department,as evidenced Payment of the amount owing has been received.
by a final inspection, final payment to the Contractor shall 1.10 SUB,STANTIAL COMPLETION AND FINAL
not be recommended by the Director of the Transportation PAYMENT Prior to the request for final payment, the
and Public Works Department for a period of 30 days after Contractor must meet aH provisions for Project Closeout
the date of such final inspection,unless the Contractor shall When the Contractor determines that the Work or a
submit written evidence satisfactory to the Director that the designated portion thereof acceptable to the Owner is
claim has been settled and a release has been obtained substantially complete, the Contractor shall prepare the
from the claimant involved. submission to the Architect a list of items to be completed or
Although the claim concerned remains unsettled at the corrected.The failure to include any items on such fist does
expiration of the above 30-day period,the Contractor may be not alter the responsibility of the Contractor to complete all
deemed to be entitled to a semi-final payment for work Work In accordance with the Contract Documents.When the
completed, such semi-final payment to be in an amount Architect,on the basis of an inspection, determines that the
equal to the total dollar amount then due less the dollar Work is substantially complete, he then will prepare a
value of any written claims pending against the Contractor Certificate of Substantial Completion (G704) which, when
arising out of the performance of such work, and such approved by the Owner, shall establish the Date of
semi-final payment may then be recommended by the Substantial Completion,shall state the responsibilities of the
Director. Owner and the Contractor for maintenance, heat, utilities,
and Insurance, and shall fix the time within which the
The Director shall not recommend final payment to a Contractor shall complete the items listed therein,said time
Contractor against whom such a claim for damages is to be within the Contract time unless extended.
outstanding for a period of six months following the date of Upon receipt of written notice that the Work is ready for final
the acceptance of the work performed unless the Contractor inspection and acceptance and upon receipt of a final
submits evidence In writing satisfactory to the Director that: Application for Payment and upon receipt of a final
1) The claim has been settled and a release has been application for payment, providing the record drawings have
obtained from the claimant Involved,or been received by the Architect, the Architect will conduct
such test and/or inspections as he deems necessary, and if
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in his opinion the Work has been completed in accordance
with the Contract Documents, the Architect will promptly (3) other property at the site or adjacent thereto, including
issue a final Certificate of Substantial Completion stating that trees, shrubs, lawns, walks, pavements, roadways,
to the best of his knowledge, information and belief, and on structures and utilities not designated for removal,
the basis of his observations and inspections, the Work has relocation or replacement in the course of construction.
been completed in accordance with the terms and conditions
of the Contract Documents and that the entire balance found Until acceptance of the Work, it shall be under the charge
to be due the Contractor is due and payable. Final and care of the Contractor, and he shall take every
acceptance can be made by the City Council of the City of precaution against injury or damage to the Work by the
Fort Worth or it's designated representative, and no other action of the elements or from any other cause whatsoever,
form of acceptance will be binding upon the Owner. Final whether arising from the execution or from the non-execution
payment and release of the retainage amount will become of the Work.The Contractor shall rebuild,repair,restore and
due within fifteen days following approval of the City Council make good, at his own expense, all injuries or damages to
of the City of Fort Worth in accepting the work as complete. any portion of the Work occasioned by any of the above,
caused before its completion and acceptance.
Neither the final payment nor the remaining retained
percentage shall become due until the Contractor submits to The Contractor shall comply with all applicable Laws,
the Architect: Ordinances, Rules, Regulations and Orders of any public
authority having jurisdiction for the safety of persons or
1) Contractor's Affidavit of Payment of Debts and Claims property or to protect them from damage, injury or loss. He
(G706) stating that all payrolls, bills for materials and shall erect and maintain, as required by existing conditions
equipment, and other indebtedness connected with the and progress of the Work, all reasonable safeguards for
Work for which the Owner or his property might in any safety and protection, including posting danger signs and
way be responsible, have been paid or otherwise other warnings against hazards, promulgating safety
satisfied, regulations and notifying owners and users of adjacent
2) Consent of Surety to Final Payment (G707), if any, to utilities.
final payment,
3) Contractor's Affidavit of Release of Liens(G706A),and, When the use or storage of explosives or other hazardous
4) Other data establishing payment or satisfaction of all materials or equipment is necessary for the execution of the
such obligations, such as receipts, releases and Work, the Contractor shall exercise the utmost care and
waivers of liens arising out of the Contract,to the extent shall carry on such activities under the supervision of
and in such form as may be designated by the Owner. properly qualified personnel.
If any Subcontractor, materialman or laborer refuses to All damage or loss to any property referred to in the
furnish a release or waiver required by the Owner, the preceding paragraphs caused in whole or in part by the
Contractor may,at the election of the Owner,fumish a bond Contractor, any Subcontractor, or anyone directly or
satisfactory to the Owner to indemnify him against any right, indirectly employed by any of them,or by anyone for whose
claim or lien which might be asserted by such Subcontractor, acts any of them may be liable, shall be remedied by the
materialman or laborer. If any such right, claim or lien Contractor, including damage or loss attributable to faulty
remains unsatisfied after all payments are made. The Drawings or Specifications and acts or omissions of the
Contractor shall refund to the Owner all monies that the Architect or anyone employed by him or for whose acts he
latter may be compelled to pay to discharging such right, may be liable,and not attributable to the fault or negligence
claim or lien, including all costs and reasonable attorney's of the Contractor or anyone claiming through the Contractor
fees. for such damage or loss.
The acceptance of final payment shall constitute a waiver of The Contractor shall not load or permit any part of the Work
all claims by the Contractor except those previously made in to be loaded so as to endanger its safety.
writing and still unsettled.
J-3 HARD HATS. Hard Hats will be required at all
SECTION J construction sites included in this Contract from start to
PROTECTION OF PERSONS AND PROPERTY completion of work. Each Contractor,employee and visitor
at any construction site included in the Contract will be
J4 SAFETY PRECAUTIONS AND PROGRAMS The required to wear a hard hat The Contractor shall enforce the
Contractor shall be responsible for initiating,maintaining and wearing of hard hats by Contractor,employees and visitors.
supervising all safety precautions and programs in These requirements are in addition to the Accident
connection with the Work. The Contractor shall designate a Prevention Clause in the General Conditions of the Contract
responsible member of his organization at the site whose Contractor shall provide ten hard hats for use by the
duty shall be the prevention of accidents. This person shall consulting Architects and Engineers and visitors.
be the Contractor's superintendent unless otherwise
designated in writing by the Contractor to the Architect J-4 EMERGENCIES. In any emergency affecting the
safety of persons or property,the Contractor shall act at his
J-2 SAFETY OF PERSONS AND PROPERTY. The discretion to prevent threatened damage,injury or loss.Any
Contractor shall take all reasonable precautions for the additional compensation or extension of time claimed by the
safety of, and shall provide all reasonable protection to Contractor on account of emergency work shall be
prevent damage,injury or loss to: determined as provided in Changes in the Work.
(1) all employees on the Work and all other persons who SECTION K-INSURANCE
may be affected thereby;
K-1 Insurance Reauired. The Contractor shall not
(2) all the Work and all materials and equipment to be commence work under this Contract until he has obtained all
incorporated therein, whether in storage on or-off the insurance required under this Section and such insurance
site;under the care,custody or control of the Contractor has been approved by the City of Fort Worth, nor shall the
or any of his Subcontractors or Sub-contractors;and Contractor allow any Subcontractor to commence work to be
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performed under this Contract until all similar insurance of This includes, without limitation, independent
the Subcontractor has been so obtained and approved. contractors, subcontractors, leasing companies,
motor carriers,owner-operators,employees of any
such entity, or employees of any entity which -
K-2 Workers'Compensation Insurance: furnishes persons to provide services on the
1) General project. "Services" include, without limitation,
providing, hauling, or delivering equipment or
a) Contractors Worker's Compensation Insurance. materials, or providing labor, transportation, or -
Contractor agrees to provide to the Owner(City)a other services related to a project "Services"
certificate showing that it has obtained a policy of does not include activities unrelated to the project,
workers compensation insurance covering each of such as food/beverage vendors, office supply
its employees employed on the project in deliveries,and delivery of portable toilets.
compliance with state law. No Notice to Proceed
will be issued until the Contractor has complied 3) Requirements
with this section. a) The contractor shall provide coverage, based on
b) Subcontractor's Worker's Compensation proper reporting of classification codes and payroll
Insurance. Contractor agrees to require each and amounts and filing of any coverage agreements,
every subcontractor who will perform work on the which meets the statutory requirements of Texas
project to provide to it a certificate from such Labor Code, Section 401.011(44) for all
subcontractor stating that the subcontractor has a employees of the contractor providing services of
policy of workers compensation insurance the project,for the duration of the project
covering each employee employed on the project. b) The Contractor must
provide it certificate of
Contractor will not permit any subcontractor to
coverage to the governmental entity prior 10 being
perform work on the project until such certificate awarded the contract
has been acquired. Contractor shall provide a
copy of all such certificates to the Owner(City). c) If the coverage period shown on the contractor's
c) By signing this contract or providing or causing to current certificate of coverage ends during the
duration of the project,the contractor must,prior to
be provided a certificate of coverage, the the end of the coverage period, file a new
contractor is representing to the City that all certificate of coverage with the City showing that
employees of the contractor who will provide coverage has been extended.
services on the project will be covered by worker's
compensation coverage for the duration of the d) The contractor shall obtain from each person
project,that the coverage will be based on proper providing services on a project,and provide to the
reporting of classification codes and payroll City:
amounts, and that all coverage agreements will be
filed with the appropriate insurance carrier or, in i) a certificate of coverage, prior to that person
the case of a self-insured,with the Texas Worker's beginning work on the project, so the
Compensation Commission's Division of Self- governmental entity will have on file
Insurance Regulation. Providing false or certificates of coverage showing coverage for
misleading Information may subject the contractor all persons providing services on the project;
to administrative penalties, criminal penalties,civil and
penalties or other civic actions. ii) no later than seven days after receipt by the
d) The contractor's failure to comply with any of these contractor, a new certificate of coverage
provisions is a breach of contract by the contractor showing extension of coverage, if the
which entitles the City to declare the contract void coverage period shown on the current
if the contractor does not remedy the breach within certificate of coverage ends during the
ten days after receipt of notice of breach from the duration of the project
City. e) The contractor shall retain all required certificates
2) Definitions: of coverage for the duration of the project and for
one year thereafter.
a) Certificate of coverage("certificate"). A copy of a
certificate of insurance,a certificate of authority to 0 The contractor shall notify the City in writing by
self4nsure issued by the Texas Workers' certified mail or personal delivery, within ten (10)
Compensation Commission, or a coverage days after the contractor knew or should have
agreement (TWCC-81, TWCC-82, TWCC-83, or known, of any change that materially affects the
TWCC-84), showing statutory workers' provision of coverage of any person providing
compensation insurance coverage for the person's services on the project
or entity's employees providing services on a g) The contractor shall post on each project site a
project,for the duration of the project notice, in the text,form and manner prescribed by
b) Duration of the Project Includes the time from the he Texas Worker's Compensation Commission,
beginning of the work on the project until the informing all persons providing services on the
contractor's/person's work on the project has been project that.they are required to be covered, and
completed and accepted by the City. stating how a person may verity coverage and
report lack of coverage.
c) Persons providing services on the project
("subcontractor" in section 406.096)-includes all h) The contractor shall contractually require each
persons or entities performing all or part of the person with whom it contracts to provide services
services the contractor has undertaken to perform on a project,to:
an the project, regardless of whether that person i) provide
contracted directly with the contractor and ohe coverage,lassi classification edrepo
codes aon nd
payroll
regardless of whether that person has employees. amounts and filing of any coverage
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agreements, which meets the statutory equipment or materials, or providing
requirements of Texas labor Code, Section labor or transportation or other service
401.011(44)for all of its employees providing related to the project, regardless of the
services on the project,for the duration of the identity of their employer or status as an
project; employee".
ii) provide to the contractor, prior to that person Call the Texas Worker's Compensation
beginning work on the project,a certificate of Commission at 512-440-3789 to receive
coverage showing that coverage is being information on the legal requirement for
provided for all employees of the person coverage, to verify whether your
providing services on the project, for the employer has provided the required
duration of the project; coverage, or to report an employer's
Ili) provide the contractor,prior to the end of the failure to provide coverage."
coverage period, a new certificate of K-3 LIABILITY INSURANCE. The Contractor shall
coverage showing extension of coverage, if procure and maintain during the term of this Contract such
the coverage period shown on the current Liability Insurance as shall protect him,the City of Fort Worth
certificate of coverage ends during the and any Subcontractor performing work covered by this
duration of the project; Contract, from claims of damage which may arise from
iv) obtain from each other person with whom it operations under this Contract, including blasting, when
contracts,and provider the contractor: blasting is done on, or in connection with the Work of the
Project, whether such operations be by himself or by any
(1) a certificate of coverage, prior to the Subcontractor or by anyone directly or indirectly employed
other person beginning work on the by either of them and the limits of such insurance shall be
project;and not less than the following:
(2) a new certificate of coverage showing 1) Automobile Liability: $1,000,000 each accident, or
extension of coverage, prior to the end reasonably equivalent split limits for bodily injury and
of the coverage period, if the coverage property damage. Coverage shall be on "any auto"
period shown on the current certificate including leased, hired, owned, non-owned and
of coverage ends during the duration of borrowed vehicles used in connection with this
the project; Contract
v) retain all required certificates of coverage on 2) Commercial General Liability: $1,000,000 each
file for the duration of the project and for one occurrence. Coverage under the policy shall be as
year thereafter. comprehensive as that provided in a current Insurance
Services Office (ISO) policy form approved for use in
vi) notify the City in writing by certified mail or Texas and the policy shall have no exclusions by
personal delivery, within ten (10) days after endorsement unless such are approved by the City.
the person knew or should have known, of
any change that materially affects the 3) Asbestos Abatement Liability Insurance: When the
provision of coverage of any person providing Project specifically requires the removal of Asbestos
services on the project;and Containing Materials, the Contractor shall be required
to maintain Asbestos Abatement Liability Insurance as
vii) contractually require each person with whom follows: $1,000,000 per occurrence; $2,000,000
it contracts, to perform as required by aggregate limit. The coverage shall include any
paragraphs h4)-vii), with the certificates of pollution exposure, Including environmental impairment
coverage to be provided to the person for liability, associated with the services and operations
whom they are providing services. performed under this contract in addition to sudden and
4) Posting of Required Workers Compensation Coverage. accidental contamination or pollution liability for gradual
emissions and clean-up costs.
a) The contractor shall post a notice on each project
site informing all persons providing services on the K-4 BUILDER'S RISK INSURANCE.
project that they are required to be covered, and
stating how a person may verify current coverage Unless stated otherwise in the Proposal or Invitation, the
and report failure to provide coverage.This notice Contractor shall procure, pay for and maintain at all times
does not satisfy other posting requirements during the term of this Contract, Builders Risk Insurance
imposed by the Texas Workers Compensation Act against the perils of fire,lightning,windstorm,hurricane,hail,
or other Texas Workers Compensation riot, explosion, civic commotion, smoke, aircraft, land
Commission rules. This notice must be printed vehicles,vandalism, and malicious mischief, at a limit equal
with a title in at least 30 point bold type and text in to 100%of the Contract Sum.
at least 19-point normal type,and shall be in both
English and Spanish and any other language The policy shall include coverage for materials and supplies
common to the worker population. The text for the while in transit and while being stored on or off site. If
notices shall be the following text, without any specifically required in the Instructions to Bidders,the policy
additional words or changes: shall include coverage for food and earthquake. Different
`REQUIRED WORKER'S sub-limits for these coverages must be approved by the City.
COMPENSATION COVERAGE Consequential damage due to faulty workmanship and/or
The law requires that each person design perfomned by the Contractor or his agents shall be
working on this site or providing services covered.
related to this construction project must Upon completion of the Work,the Contractor shall notify the
be covered by worker's compensation City of Fort Worth in writing before terminating this
insurance. This includes persons insurance.
providing, hauling, or delivering
GC- 17 of 24
10/11/99
Contractor shall provide such coverage on the
K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor's subcontractors.
Contractor shall provide a certificate of insurance
documenting the Transportation and Public Works SECTION L
Department,City of Fort Worth as a"Certificate Holder",and CHANGES IN THE WORK
noting the specific project(s) covered by the Contractor's
insurance as documented on the certificate of insurance. L-1 CHANGE ORDER. The Owner, without
More than one certificate may be required of the Contractor invalidating the Contract, may order Changes in the Work
depending upon the agents an/or insurers for the within the general scope of the Contract consisting of
Contractor's insurance coverages specified for the project(s). additions, deletions or other revisions, the Contract Sum
and the Contract Time being adjusted accordingly. All Such
K-6 OTHER INSURANCE RELATED Changes in the Work shall be authorized by Change Order,
REQUIREMENTS, and shall be executed under the applicable conditions of the
Contract Documents.
1) The City of Fort Worth shall be an additional insured,by
endorsement,on all applicable insurance policies. A Change Order is a written order to the Contractor signed
by the Contractor, Owner and the Architect, issued after the
2) Applicable insurance policies shall each be endorsed execution of the Contract,authorizing a Change in the Work
with a waiver of subrogation in favor of the City of Fort or adjustment in the Contract Sum or the Contract Time.The
Worth. Contract Sum and the Contract Time may be changed only
3) Insurers of policies maintained by Contractor and its by Change Order.
subcontractor(s),if applicable,shall be authorized to do Any changes in work required due to changed or unforeseen
business in the State of Texas, or otherwise approved conditions,or by request of either the Contractor or the City,
by the City of Fort Worth,and such shall be acceptable shall be coordinated with the Director, Department of
to the City of Fort Worth insofar as their financial Transportation and Public Works. A change order must be
strength and solvency are concerned. Any company written and duly negotiated and executed prior to performing
through which the insurance is placed must have a changed work.
rating of at least A:VII,as stated in current edition of A.
M. Best's Key Rating Guide. At the City's sole The cost or credit to the Owner resulting from a Change In
discretion,a less favorable rate may be accepted by the the Fort Worth shall be determined in one or more of the
City. following ways:
4) Deductible limits on Insurance policies and/or self 1) by mutual acceptance of a lump sum property itemized,
insured retentions exceeding $10,000 require approval including the allowance to Contractor for overhead and
of the City of Fort Worth as respects this Contract
profit stipulated in the original contract proposal;
5) The City of Fort Worth shall be notified in writing a 2) by unit prices stated in the Contract Documents or
minimum of thirty days prior to an insurer's action In the subsequently agreed upon;or
event of cancellation, non-renewal or material change
in coverage regarding any policy providing insurance 3) by cost and a mutually acceptable fixed or percentage
coverage required in this Contract. fee.
6) Full limits of insurance shall be available for claims If none of the methods set forth herein above is agreed
arising out of this Contract with the City of Fort Worth. upon,the Contractor,provided he receives a Change Order,
7) The Contractor shall provide certificates of insurance to shall promptly proceed with the Work involved. The cost of
the City prior to commencement of operations pursuant such work shall then be determined on the bass the
to this Contract. Any failure on part of the City of Fort a yeas Contractor's reasonable expenditures and profit
a savings, includingtein
Worth to request such documentation shall not be a reasonable allowance for overhead and profit as indicted in
construed as a waiver of insurance requirements the original contract proposal. In such cases,the Contractor
shall keep and present, in such form as the Architect shall
specified herein. prescribe, an itemized accounting together with appropriate
8) The City of Fort Worth shall be entitled, upon request supporting data. Pending final detennination of cost to the
Owner, payments on account shall be made on the
and without incurring expense,to review the Insurance
policies Including endorsements thereto and, at its Architect's Certificate of Payment as approved by the
Owner.
discretion, to require proof of payment for policy
premiums. If after the contract has been executed, the Architect,
9) The City of Fort Worth shall not be responsible for requests a price proposal from the Contractor for a proposed
paying the cost rt insurance coverages required responsible
fherein. change in scope of the work,Contractor shall process such
proposal within seven days of receipt and return the price
quote to the Architect in writing. The Architect shall review
10) Notice of any actual or potential claim and/or litigation the price quotation and if approval is recommended,forward
that would affect insurance coverages required herein the proposed change order request and price proposal to the
shall be provided to the City in a timely manner. Owner for approval. If the Architect will attempt to negotiate
with Contractor to revise the proposal to a figure which is fair
11) "Other Insurance" as referenced in any policy of and reasonable and forward it on to the Owner for approval.
insurance providing coverages required herein shall not If the negotiations do not result in an equitable solution, the
apply to any insurance policy or program maintained by Architect shall prepare a cost-plus type Change Order with a
the City of Fort Worth. price-not-to-exceed figure for approval by the City and
12) Contractor shall agree to either require its require specific documentation to be provided by Contractor
subcontractors to maintain the same insurance in accordance with the paragraph above.
coverages and limits thereof as specified herein or the
GC- 18 of 24
10/11/99
Contractor is advised that according to City of Fort Worth M-1 UNCOVERING OF WORK. If any Work should be
Charter, that when the cumulative effect of Change Orders covered contrary to the request of the Owner or Architect, it
results in an increase in cost of the contract amount by over must be uncovered for observation and replaced, at the
$3,000, the City Council must approve all such Change Contractor's expense.
Orders which will exceed this limit. Normal processing time
for the City Staff to obtain City Council approval, once the If any other work has been covered which the Owner or
recommended change order has been received at the City, Architect have not specifically requested to observe prior to
is approximately thirty (30) days . Owner, Architect and being covered, the Architect or the Owner may request to
Contractor shall endeavor to identify Change Order items as see such work and it shall be uncovered by the Contractor. If
early in the Construction process as possible to minimize such Work be found in accordance with the Plans and
their impact on the construction schedule. Specifications,the cost of uncovering and replacement shall,
by appropriate Change Order, be charged to the Owner. If
If unit prices are stated in the Contract Documents or such work be found not in accordance with the Plans and
subsequently agreed upon, and if the quantities originally Specifications, the Contractor shall pay such costs unless it
contemplated are so changed in a proposed Change Order be found that this condition was caused by a separate
that application of the agreed unit prices to the quantities of contractor employed by the Owner.
Work proposed will create a hardship on the Owner or the
Contractor, the applicable unit prices shall be equitably M-2 CORRECTION OF WORK. The Contractor shall
adjusted to prevent such hardship. promptly correct all work rejected by the Owner or Architect
as defective or as failing to conform to the Plans and
If the Contractor claims that additional cost or time is Specifications whether observed before or after Substantial
involved because of (1) any written interpretation issued Completion and whether or not fabricated, installed or
pursuant to Section A, (2) any order by the Architect or completed. The Contractor shall bear all costs of correcting
Owner to stop the Work pursuant to Section B, where the such rejected Work, including the cost of the Architect's
Contract was not at fault,or(3)any written order for a minor additional service thereby made necessary.
change in the Work,the Contractor shall make such claim.
If, within one year after the Date of Substantial Completion
L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If or within such longer period of time as may be prescribed by
the Contractor wishes to make a daim for an increase in the law or by the terms of any applicable special guarantee
Contract Sum or an extension in the Contract Time,he shall required by the Contract Documents, any of the work is
give the Architect written notice thereof within a reasonable found to be defective or not in accordance with the Contract
time after the occurrence of the event that gave rise to such Documents, the Contractor shall correct it promptly after
claim. This notice shall be given by the Contractor before receipt of a written notice from the Owner to do so, unless
proceeding to execute the Work, except in an emergency the Owner has previously given the Contractor a written
endangering life or property In which case the Contractor acceptance of such condition, describing same specifically
shall proceed In accordance with Section J. No such claim and not generally. The Owner shall give such notice
shall be valid unless so made. Any change in the Contract promptly after discovery of the condition.
Sum or Contract Time resulting from such claim,if approved
by the Owner,shall be authorized by Change Order. All such defective or non-conforming work under the
preceding paragraphs shall be removed from the site where
L-3 OVERHEAD ALLOWANCES FOR CHANGES: necessary, and the work shall be corrected to comply with
Should any change in the work or extra work be ordered, the Contract Documents without cost to the Owner.
the following applicable percentage shall be added to
Material and Labor costs to cover overhead and profit The Contractor shall bear the cost of making good all work of
separate contractors destroyed or damaged by such removal
1. Allowance to the Contractor for overhead and profit for or correction.
extra work performed by the Contractor's own forces shall
not exceed fifteen percent(15%1. If the Contractor does not remove such defective or non-
conforming work within a reasonable time fixed by written
2. Allowance to the Contractor for overhead and profit for notice from the Architect or the Owner, the Owner may
extra work performed by a Subcontractor and supervised by remove it and may store the materials or equipment at the
the Contractor shall not exceed ten percent LIM. expense of the Contractor.If the Contractor does not pay the
cost of such removal and storage within ten days thereafter,
L-4 MINOR CHANGES IN THE WORK. The Architect the Owner may upon ten additional days'written notice sell
shall have authority to order minor changes in the Work not such work at auction or at private sale and shall account for
involving an adjustment in the Contract Sum or an extension the net proceeds thereof, atter deducting all the costs that
of the Contact Time and not inconsistent with the intent of should have been bome by the Contractor including
the Contract Documents. Such changes may be effected by compensation for additional architectural services. If such
Field Order or by other written order. Such changes shall be proceeds of sale do not cover all costs that the Contractor
confirmed in writing by the Architect and shall be binding on should have bome, the difference shall be charged to the
the Owner and the Contractor. Contractor and an appropriate Change Order shall be
issued.If the payments then or thereafter due the Contractor
L-5 FIELD ORDERS. The Architect may issue written are not sufficient to cover such amount, the Contractor shall
Field Orders which interpret the Contract Documents in pay the difference to the Owner.
accordance with Section A,or which order minor changes in
the Work in accordance with Section L without change in If the Contractor fails to correct such defective or non-
Contract Sum or Contract Time. The Contractor shall carry conforming work, the Owner may correct it in accordance
out such Field Orders promptly. with Section G.
`- SECTION M The obligation of the Contractor under this Section shall be
I UNCOVERING AND CORRECTION OF WORK in addition to and not in limitation of any obligations imposed
upon him by special guarantees required by the Contract
Documents or otherwise prescribed by law.
Ir
GC- 19 of 24
10/11/99
After termination as above, the City will pay the contractor a
M-3 ACCEPTANCE OF DEFECTIVE OR NOW proportionate part of the contract price based on the work
CONFORMING WORK. If the Owner prefers to accept completed; provided, however, that the amount of payment
defective or non-conforming work, he may do so instead of on termination shall not exceed the total contract price as
requiring its removal and correction,in which case a Change reduced by the portion thereof allocatable to the work not
Order will be issued to reflect an appropriate reduction in the completed and further reduced by the amount of payments,
Contract Sum, or, if the amount is determined after final if,any otherwise made. Contractor shall submit its claim for
payment,it shall be paid by the Contractor. amounts due after termination as provided in this paragraph
within 30 days after receipt of such claim. In the event of
SECTION N any dispute or controversy as to the propriety or allowability
TERMINATION OF THE CONTRACT of all or any portion of such claim under this paragraph, such
dispute or controversy shall be resolved and be decided by
N-1 TERMINATION BY THE CONTRACTOR. If the the City Council of the City of Fort Worth, and the decision
work is stopped for a period of 30 days under an order or by the City Council of the City of Fort Worth shall be final
any court or other public authority having jurisdiction, and binding upon all parties to this contract
through no act or fault of the Contractor or a Subcontractor
or their agents or employees or any other persons SECTION O
performing any of the work under a contract with the SIGNS
Contractor, or if the work should be stopped for a period of
30 days by the Contractor for the Owner's failure to make The Contractor shall construct and install the project
payment thereon as provided in Section I, then the designation sign as required in the Contract Documents and
Contractor may after the end of such period of 30 days and in strict accordance with the Specifications for "Project
upon seven additional days' written notice to the Owner and Designation Signs."This sign shall be a part of this Contract
the Architect,terminate the Contract. and shall be included in the Contractor's Base Bid for the
Project
N-2 TERMINATION BY THE OWNER. If the a
contractor is adjudged as bankrupt,or if he makes a general SECTION P
assignment for the benefit of his creditors, or if a receiver is TEMPORARY FACILITIES
appointed on account of his Insolvency, of if the Contractor
refuses, except in cases for which extension of time is P-1 SCOPE. The Contractor shall furnish, erect, and
provided, to supply enough properly skilled workmen or maintain facilities and perform temporary work required in
proper materials, or if he fails to make prompt payment to the performance of this Contract, including those shown and
Subcontractors or for materials or labor, or fails to comply specified.
with at Laws, Statutes, Charter, Ordinances, Regulations or
Orders of any public authority having jurisdiction, or P-2 LIM OF TEMPORARY FACILITIES. All
otherwise is guilty of a substantial violation of a provision of temporary facilities shall be made available for use by all
the Contract Documents, then the Owner, on its own workmen and subcontractors employed on the project,
initiative or upon certification by the Architect that sufficient subject to reasonable directions by the Contractor as to their
cause exists to justify such action, may, without prejudice to proper and most efficient utilization.
any rights or remedy and after giving the Contractor and his
surety, if any, seven (7) days' written notice, terminate the P-3 MAINTENANCE AND REMOVAL. The
employment of the Contractor and take possession of the Contractor shall maintain temporary facilities in a proper,
site and of all materials, equipment, tools, construction safe operating and sanitary condition for the duration of the
equipment and machinery thereon owned by the Contractor Contract. Upon completion of the Contract, all such
and may finish the work by whatever method he may deem temporary work and facilities shall be removed from the
expedient. In such case the Contractor shall not be entitled premises and disposed of unless otherwise directed or
to receive any further payment until the Work is finished. specified hereunder.
If the costs of finishing the Work,including compensation for P-4 FIELD OFFICES AND SHED. The Contractor
the Architect's additional services., exceed the unpaid shall provide a temporary field office building for himself, his
balance of the Contract, the Contractor shalt pay the subcontractors and use by the Architect. For construction
difference to the Owner. contracts with a bid price in excess of $1,000,000.00, the
Contractor shall provide a separate field office for the City's
The City of Fort Worth may terminate this contract in whole, field representative (but the separate office may be in the
or from time to time,in part,whenever such termination is in same structure).The buildings shall afford protection against
the best interest of the City. Termination will be effected by the weather, and each office shall have a lockable door, at
delivering to the Contractor a notice of termination specifying least one window, adequate electrical outlets and fighting,
to what extent performance of the work of the contract is and a shelf large enough to accommodate perusal of the
being terminated and the effective date of termination. After project drawings. Openings shall have suitable loft. Field
receipt of termination the contractor shall: offices shall be maintained for the full time during the
operation of the work of the Contract. During cold weather
a) Stop work under the Contract on the date and to the months, the field offices shall be suitably insulated and
extent specified on the notice of termination. equipped with a heating device to maintain 70 degree
Fahrenheit temperature during the workday. During warm
b) Place no further orders or subcontracts except as may weather the offices shall be equipped with an air conditioning
be necessary for the completion of the work not device to maintain temperature below 75 degrees F. Upon
terminated. completion of the work of the Contract, the Contractor shall
remove the building from the premises. In addition to the
c) Terminate all orders and subcontracts to the extent that drawing shelf, provide for the City field representatives
they relate to the performance of the work terminated office: one deck, four chairs, plan rack and a four drawer
by the notice of termination. filing cabinet (with lock). Each office shall contain not less
than 120 square feet of floor space.
GC-20 of 24
10/11/99
The Contractor shall provide and maintain storage sheds, provide heat ventilation prior and during the following work
other temporary buildings or trailers on the project site as operations as follows:
required for his use. Location of sheds and trailers shall be
as approved by the Architect. Remove sheds when work is a) At all times during the placing, setting and curing of
completed,or as directed. concrete provide sufficient heat to insure the heating of
the spaces involved to not less than 40 F.
P-5 TELEPHONE. The Contractor shall provide and
pay for telephone installation and service to the field offices b) From the beginning of the application of drywall and
described above. Service shall be maintained for the during the setting and curing period, provide sufficient
duration of operations under this contract. The Contractor heat to produce a temperature in the spaces involved of
shall provide for and pay for an automatic telephone- not less than 55 F.
answering device at the site office for the duration of the
project. The contractor shall provide a separate telephone c) For a period of seven (7)days previous to the placing of
line, and instrument for use by the City's field interior finish materials and throughout the placing of
representatives. finish painting,decorating and laying of resilient flooring
materials, provide sufficient heat to produce a
P-6 TOILET FACILITIES. The Contractor shall temperature of not less than 60 F.
provide proper, sanitary and adequate toilet facilities for the
use of all workmen and subcontractors employed on the P-9 TEMPORARY CONSTRUCTION. EQUIPMENT
project. AND PROTECTION
P-7 UTILITIES. Contractor shall make all necessary The Contractor shall provide, maintain, and remove upon
arrangements and provide for temporary water and completion of the work all temporary rigging, scaffolding,
electricity required during the construction. Contractor shall hoisting equipment, rubbish chutes, ladders to roof,
provide and install temporary utility meters during the barricades around openings,and all other temporary work as
contract construction period.These meters will be read and required to complete all work of the Contract Contractor
the Contractor will be billed on this actual use. The shall coordinate the use and furnishing of scaffolds with his
Contractor shall provide all labor and materials required to sub-contractors.
tap into the utilities. The Contractor shall make the
connections and extend the service lines to the construction The Contractor shall provide, maintain, and remove upon
area for use of all trades. Upon completion of the work all completion of the work, or sooner, if authorized by the
utility lines shall be removed and repairs made to the Architect, all fences, barricades, lights, shoring, pedestrian
existing lines. Only utilities at existing voltages, pressures, walkways, temporary fire escapes, and other protective
frequencies,etc.will be available to the Contractor. structures or devices necessary for the safety of workmen,
City employees,equipment,the public and property.
Water. Provide an ample supply of potable water for all
purposes of construction at a point convenient to the project All temporary construction and equipment shall conform to
or as shown on the Drawings.Pipe water from the source of all regulations, ordinances, laws and other requirements of
supply to all points where water will be required. Provide the authorities having jurisdiction, including insurance
sufficient hose to carry water to every required part of the companies, with regards to safety precautions, operation
construction and allow the use of water facilities to and fire hazard.
subcontractors engaged on the work. Provide pumps, tanks
and compressors as may be required to produce required The Contractor shall provide and maintain pumping facilities,
pressures. including power,for keeping the site,all times,whether from
underground seepage,rainfall,drainage of broken lines.
Electric Service. Provide adequate electric service for power
and lighting to all points where required.Temporary,electric The Contractor shall maintain provision for dosing and
service shall be of sufficient capacity and characteristics to locking the building at such time as possible to do so. If this
supply proper current for various types of construction tools, is not feasible,maintain a night
motors, welding machines, rights, heating plant, air
conditioning system, pumps, and other work required. The Contractor shall provide and maintain all barricades or
Provide sufficient number of electric outlets so that 50 foot enclosures, required to protect the work in progress from
long extension cords will reach all work requiring light or outside elements,dusts, and other disturbances as a result
power. of work under this Contract Such protection shall be
positive,shall meet the approval of the Architect and shall be
Lighting. Supply and maintain temporary lighting so that maintained for the duration of the construction period or as
work of all trades may be properly and safely performed, in required to provide for the protection as specified.
such areas and at such time that day-lighting is inadequate.
Provide at least 0.75 watts of incandescent lighting per P-10 PROJECT BULLETIN BOARD. The Contractor
squgr4e foot and maintain a socket voltage of at least 110 shall furnish,install and maintain during the life of the project
volts. Use at least 100 watt lamps. In any event,the lighting a weather-tight bulletin board approximately 3 feet high by 5
intensity shall not be less than 5 foot candles in the vicinity of feet wide having not less than two hinged or sliding glass
work and traffic areas. doors with provisions for locking.The bulletin board shall be
mounted where and as approved by the Architect, in a
P-8 HEATING. Heating devices required under this prominent place accessible to employees of the Contractor
paragraph shall not be electric. The Contractor shall provide and sub-contractors,and to applicants for employment.The
heat, ventilation,fuel and services as required to protect all bulletin board shall remain the property of the Contractor and
work and materials and to keep the humidity down to the shall be removed by him upon completion of the Contract
extent required to prevent corrosion of any metal and to work. The following information which will be fumished by
prevent dampness or mildew which Is potentially damaging the City to the Contractor, shall be posted on the bulletin
to materials and finishes. All such heating, ventilation and board and shall be maintained by the Contractor in easily
services shall be provided and maintained until final readable condition at all times for the duration of the
acceptance of all work. In addition, the Contractor shall Contract
II
GC-21 of 24
10/11/99
a. The Equal Opportunity Poster and Notice
Nondiscrimination of Employment(Standard Form
38).
b. Wage Rate Information Poster (Form SOL 155),
with the Contract Schedule of minimum wage
rates as required by the Davis-Bacon Act.
C. Safety Posters.
SECTION Q
VENUE
Should any action arise out of the terms and conditions of
this contract, venue for said action shall lie in Tarrant
County,Texas.
GC-22 of 24
10/11/99
FGENERAL CONDITIONS
INDEX
D-22 Cutting and Patching of Work
A DEFINITIONS PROCEDURES AND D-23 Cleaning Up
INTERPRETATIONS D-24 Communications
A-1 Contract Documents E SUBCONTRACTORS
A-2 Entire Agreement
A-3 Work E-1 Definition
A-4 Execution of the Contract Documents E-2 Award of Subcontracts
A-5 Familiarity with Proposed Work E-3 Terms of Subcontracts
A-6 One Unified contract E-4 Minority and Women's Business Enterprise
A-7 Division of Work (M/WBE)
A-8 Interpretations E-5 Payments to Sub-Contractors
A-9 Copies of Working Drawings and
Specifications F SEPARATE CONTRACTS
A-10 Minority and Women's Business Enterprise
Policy F-1 Owners Right
A-11 Correlation and Intent F-2 Mutual Responsibility of Contractors
A-12 Age F-3 Cutting and Patching Under Separate
A-13 Disability Contracts
F-4 Owners Right to Clean Up
B IDENTITY OF ARCHITECT
G MISCELLANEOUS PROVISIONS
B-1 Contract Administration
B-2 Termination and Suspension of Work G-1 Conflict of Laws
B-3 Duties of Architect G-2 Governing Laws
B-4 Architect as Representative of the Owner G-3 Personal Liability of Public Officials
B-5 Access to Job Site G-4 Compliance with Laws
B-6 Interpretations G-5 Indemnification
F B-7 Authority to Stop Work G-6 Successors and Assigns
B-8 Miscellaneous Duties of Architect G-7 Written Notice
B-9 Termination of Architect G-8 Surety Bonds
PP G-9 Owners Right to Cary Out the Work
C OWNER G-10 Royalties and Patents
G-11 Tests
C-1 Identification G-12 Interruption of Existing Utilities Services
C-2 Duties of the Owner G-13 Laying Out Work
C-3 Instructions G-14 Measurements
C-4 Access to Job Site G-15 Existing Overhead or Underground Work
C-5 Progress Inspections G-16 Alignment of Joints in Finish Materials
C-6 Authority to Stop Work G-17 Integrating Existing Work
C-7 Substantial Completion Inspection G-18 Hazardous Material Certification
C-8 Right to Audit G-19 Location of Equipment and Piping
G-20 Overloading
D CONTRACTOR G-21 Manufacturers Instruction
G-22 Cleaning Up
D-1 Identification G-23 Dust Control
D-2 Independent contractor G-24 Fire Protection
D-3 Subletting G-25 Cutting and Patching
D-4 Review of contract Documents G-26 Project Closeout
D-5 Supervision G-27 Guarantee and Extended Guarantee
D-6 Labor and Materials G-28 Y2K Compliance Requirements
D-7 Prevailing Wage Rate G-29 Record Drawings
D-8 Warranty G-30 Construction Fence
D-9 Taxes G-31 Product Delivery,Storage,Handling
D-10 Licenses,Notices and Fees G-32 Removal of Salvaged Material
D-11 Cash Allowances G-33 Manufacturers Reference
D-12 Superintendent
D-13 Responsibility for Employees and Sub- H CONTRACT TIME
contractors
D-14 Failure to Commence work H-1 Definitions
D-15 Progress Schedule H-2 Progress and Completion
D-16 Drawings and Specifications at the Site H-3 Delays and Extension of Time
D-17 Shop Drawings and Samples H-4 No Damage for Delay
D-18 Site Use
D-19 Safe Work Practices I PAYMENTS AND COMPLETION
D-20 Field Offices and Sheds
D-21 Trench Safety 1-1 Contract Sum
GC-23 of 24
10/11/99
1-2 Schedule of Values L-5 Field Orders
1-3 Adjustment of Quantities
1-4 Progress Payments M UNCOVERING AND CORRECTION OF
1-5 Certificates for Payment WORK
1-6 Payments Withheld
1-7 Unresolved Claims M-1 Uncovering of Work
1-8 Liquidated Damages M-2 Correction of Work
1-9 Failure of Payment M-3 Acceptance of Defective or Non-Conforming
1-10 Substantial Completion and Final Payment Work
J PROTECTION OF PERSONS AND N TERMINATION OF THE CONTRACT
PROPERTY
N-1 Termination by the Contractor
J-1 Safety Precautions and Programs N-2 Termination by the Owner
J-2 Safety of Persons and Property
J-3 Hard Hats 0 SIGNS
J-4 Emergencies
P TEMPORARY FACILITIES
K INSURANCE
P-1 Scope
K-1 Insurance Required P-2 Use of Temporary Facilities
K-2 Workers'Compensation Insurance P-3 Maintenance and Removal
K-3 Liability insurance P-4 Field Offices and Sheds
P-5 Telephone
K-4 Builder's Risk insurance P-6 Toilet Facilities
K-5 Proof of Insurance P-7 Utilities
K-6 Other Insurance Related Requirements P-8 Heating
L CHANGES IN THE WORK P-9 Temporary Construction,Equipment and
Protection
L-1 Change Order P-10 Project Bulletin Board
L-2 Claims for Additional Cost or Time Q VENUE
L-3 Overhead Allowance for Changes
L-4 Minor Changes in the Work
00000
GC-24 of 24
10/11/99
WEATHER TABLE
Month Average Inches of Snow/Ice
Days of Rainfall Pellets
Rain
January 7 1.80 1
February 7 2.36
March 7 2.54
April 8 4.30 0
May 8 4.47 0
June 6 3.05 0
July 5 1.84 0
August 5 2.26 0
September 7 3.15 0
October 5 2.68 0
November 6 2.03
==L
ber 6 1.82
LLY 77 32.30 1
(1) Mean number of days rainfall, 0.01"or more
(2) Average normal precipitation, in inches
(3) Mean number of days 1.0 inch or more
* Less than 0.5 inches
This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32
deg 54 min north,longitude 97 deg 02 min West, elevation (ground)551 ft.
Average number of days of rain, snow,and ice are based on records covering 27 years. Precipitation is
based on record of 1941-1970 period.
This table is to be used as a basis for calculation of excess rain or weather days for projects with duration
in calendar days. If the site records indicate that the Contractor was unable to cant'out operations due to
weather, it is counted as a weather day. If the number of weather days exceeds the number of average
rain days plus the snow/ice-pellet days for a given month,the contract period will be adjusted by Change
Order.
Page- 10
I�
FojTW(jkTH
TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
CITY OF FORT WORTH,TEXAS
BUILDING SERVICES DIVISION
ARCHITECTURAL SERVICES SECTION
3409 HARLEY AVENUE, 76107
(817)871-8274
FAX(817)871-8488
FAX NOTE
DATE: NO PAGES:
TO:
FROM: Mike Mathews
SUBJECT:
ORIGINAL WILL NOT FOLLOW:
MESSAGE:
FoRT op'TH
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TRANSPORTATION AND PUBLIC WORKS DEPARTMENT
CITY OF FORT WORTH,TEXAS
BUILDING SERVICES DIVISION
ARCHITECTURAL SERVICES SECTION
3409 HARLEY AVENUE,76107
(817)871-8274
FAX(817)871-8488
FAX NOTE
DATE: NO PAGES:
TO: FAX:
FROM: Mike Mathews
SUBJECT:
ORIGINAL WILL NOT FOLLOW:
MESSAGE:
PROJECT DESIGNATION SIGN
fok-TWOFTtl
—Examw Von_
_•_.._.
3" Project Title
4"
1-1r" Contractor:
2-1rr' Contractors Name
3l4
1" FUNDED BY
2-1t2"
SCHEDULED COMPLETION DATE
1"
YEAR
4'-0"
SIGN IS WHITE WITH BLUE BORDER AND LETTERING IN PMS 288. PROJECT TITLE,
CONTRACTOR, BOND AND COMPLETION DATE INFORMATION IS IN HELVETICA.
CITY OF FORT WORTH LOGO IS AVAILABLE IN A VECTOR FORMAT FROM THE CIN OF
FORT WORTH REPROGRAPHICS DEPT. ALL COPY IS IN PMS 288. THE LINES THAT
COMPOSE THE"STAR"ARE PMS 187.
FokTWOFTH
TEXAS CERTIFICATE OF EXEMPTION
I claim an exemption from payment of sales and use taxes for the purchase of taxable items described
below or on the attached order or invoice.
Description of Items(or an attached order or invoice) To be Purchased: All Items
I claim this exemption for the following reason:
Name of exemption organization: City of Fort Worth
' Texas Sales and Use Tax Permit#1-75-6000528-6
I understand that I will be liable for payment of sales tax which may become due for failure to
comply with the provision of the states,city and or metropolitan transit authority sales and use tax
laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by
the price paid for the taxable items purchased or the fair market rental value for the period of time
use.
I understand that it is a misdemeanor to give an exemption certificate to the seller taxable items
which I know,at the time of purchase,will be used in a manner other than that expensed in this
certificate and upon conviction,may be fined up to$500 per offense.
Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I.
Purchasers: City of Fort W oith
Street Address: 1000 Throckmorton
City,State,Zip Code: Fort Worth Texas 76102
Signature/Titla: 444,10- &44t.
Purchasing Manager
Date: Phone:
Fax:
This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or
"tax exempt"numbers do not exist.
This certificate should be furnished to the supplier. Do not send the completed certificate to the
Comptroller of Public Accounts.
FINANCE DEPARTMENT
PURCHASING EUMSiON
THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,_ TEXAS 76102
(817) 871-8360 * FAx (817) 871-8440
Printed on recycled paper
1999
BUILDING&CONSTRUCTION TRADES
STANDARD WAGE RATE
FOR TARRANT COUNTY
CLASSIFACTION HOURLY RATE CLASSIFACTION HOURLY RATE
AIR CONDITIONING MECHANIC $15.96 PLASTERER 13.29
AIR CONDITIONING MECHANIC HELPER 8.81 PLASTERER HELPER 8.63
ACOUSTIC CEILFNG INSTALLER 13.82 PLUMBER 16.26
ACOUSTIC CEILING INSTALLER HELPER 9.79 PLUMBER HELPER 9.39
BRICKLAYERISTONE MASON I3.25 REINFORCING STEEL SETTER 11.88
BRICKLAYER/STONE MASON HELPER 9.86 REINFORCING STEEL HELPER 9.18
CARPENTER 13.00 ROOFER 13.17
CARPENTER HELPER 9.34 ROOFER HELPER 7.82
CONCRETE FINISHER 12.00 SHEET METAL WORKER 15.87
CONCRETE FINISHER HELPER 9.44 SHEET METAL WORKER HELPER 9.29
CONCRETE FORM BUILDER 11.59 SHEETROCK HANUER 12.70
CONCRETE FORM BUILDER HELPER 8.87 SHEETROCK HANGER HELPER 9.71
DRYWALL TAPER 11.87 SPRINKLER SYSTEM INSTALLER I6.93
DRYWALL TAPER HELPER 8.25 SPRINKLER SYSTEM INSTALLER HELPER 7.81
ELECTRICIAN JOURNEYMAN 16.29 STEEL WORKER STRUCTURAL 14.66
ELECTRICIAN HELPER 10.20 STEEL WORKER STRUCTURAL HELPER 7.91
ELECTRONIC TECHNICIAN I2.86 WELDER 14.87
ELECTROMC TECHNICIAN HELPER 12.67 WELDER HELPER 9.67
FLOOR LAYER(CARPET) 13.58
FLOOR LAYER(RESILIENT) 14.48 HEAVY EQUIPMENT OPERATORS
FLOOR LAYER HELPER 8.56
GLAZIER 13.66 EQUIPMENT OPERATORS 14.66
GLAZIER HELPER 9.26 CONCRETE PUMP OPERATORS 13.30
II INSULATOR 15.89
INSULATOR HELPER 9.46 CRANE,CLAMSHELL,BACKHOE,
LABORER COMMON 7.82 DERRICK,D'LINE SHO 13.03
LABORER SKILLED 9.66
LATHER 15.80 FORKLIFT OPERATOR I0.34
LATHER HELPER 11.75 FOUNDATION DRILL OPERATOR 11.66
METAL BUILDING ASSEMBLER 13.34 FRONT END LOADER OPERATOR 11.60
METAL BUILDING ASSEMBLER HELPER 7.85 TRUCK DRIVER 9.80
PAINTER 11.93
PAINTER HELPER 8.30
PIPEFITTER 14.33
PIPEFITTER HELPER 10.93
Page- I I
Division 0200 Demolition and sitework
Section 0201 Demolition
0201.1 Tree removal
a Two existing trees occur on the east edge
of the building footprint and will have to
••+ be removed.
b. Roots may or may not have become involved
with buried communications cable,do not
disturb cable,cut roots.
0201.2 Top soil and excavated earth from building
location shall be removed from job site.
Section 0202 Sitework
0202.1 Finish grading
a. Retain enough topsoil to configure grading
adjacent to building to slope toward street.
02- 1Ofl
Division 0300 Concrete
Section 0301 Hardrock Concrete
0301.1 Concrete shall have a minimum compressive
strength of 3000 Is p.s.i. @ 28 days
0301.2 Batch mix aggregate shall pass thru a V sive.
0301.3 Place concrete on visquene vapor barrier,
monolithic slab&beam
0301.4 Finish slab shall have a smooth hard trowel
finish.
Section 0320 Reinforcing
0320.1 Reinforcing steel shall be deformed bars A.S.T.M.
standard a615 grade 60 and shall comply with A.I.S.C.
design and installation criteria
03— IOfl
Division 0500 Metals
Section 0501 Structural framing members,anchor bolts and
miscellaneous iron shall be furnished by
pre engineered metal building manufacture
05-1 Of 1
rr.
Division 0600 Wood and plastics
Section 0601 Rough carpentry
0601.1 All framing lumber shall be No.2 or better fu
or s.y.p.
0601.2 Finish millwork shall be hardwood
1.2.1 Plywood wainscot shall be a/c 3/8"thick
plywood
06—1 Of 1
i
Division 0700 Thermal and moisture protection
Section 0701 Insulation for metal building
0701.1 Vinyl faced glass fiber insulation shall be
secured to all interior wall and roof panels
and be 3"thick
0701.2 Studwall insulation shall be r-12 batts with
vapor barrier
0701.3 Ceiling joists shall have r-25 glass fiber batts
with vapor barrier
07-1Ofl
Division 0800 Doors and windows
Section 0801 Doors
0801.1 Exterior personnel doors&frames shall be
3070 x 1 V thick
0801.2 Electric operated sectional door shall be
insulated manufactured by"Overhead Door Co."
or approved equal.
0801.3 Interior wood doors
1.3.1 Doors shall be 3070 x 1 V thick solid core with
hardwood veneer prehung in wood frames
Section 0802 Windows
0802.1 Windows shall be bronze aluminum single
hung equal to those manufactured by Payless
Cashways 3060 x 2 ys"insulated(double pane)
0802.2 Secure window fm to stud wall and return
metal building trim from metal siding panels
to close girt space opening's @ head,jambs,and
sill.
Section 0803 Hardware
0803.1 Door hardware shall be standard lockets by
"Schlage"or"Corbin",no full mortise locksets.
provide lever handle
0803.2 Sets
03.2.1 Interior doors
a. 1 1/2"pair butts
lever handle latch set
b. Dead bolt cylinder lock(key operated)
c. Door no.4
1. Complete weather strip
2. Automatic closer w/hold open
03.2.2 exterior doors(additional hardware)
a Furnished and installed by metal building
manufacture.
b. Provide 2 dead bolt locks each(doors
No.l &no.3)place 1'-9"from top and bottom
Of doors.
c. Door manufacture shall reinforce doors
And frames for all hardware installations.
d. Provide and install automatic door closers
On doors no.l &no.3
IP
08—1 Of 1
r
Division 0900 Finishes
Section 0901 Floor covering
0901.1 Tile shall be vinyl composition 12"x 12"x 1/8"
thick set in mastic called for by manufacture.
tile shall be equal to"Azrock"
1.2 Base shall be 4"coved rubber and shall be
"Rope",continuous roll with preformed
corners.
Section 0902 Quarry tile window stools,with"no trim"nosing.
1.3 base @ wainscot and Hardi panel shall be
1 x 4 painted.
Section 0903 Painting.
0903.1 Paint shall be Jones-Blair or equal
0903.1.1 Latex on gypsum board walls
A Tape,bed,sand texture.
b. Apply two coats
0903.1.2 Use enamel on all wood surfaces to
be painted:
a. Doors
b. Trim&door frames
c. Plywood wainscot,cap and base
Section 0904 Acoustical ceiling
0904.1 Metal grid 2'x 2'shall be"Flageclamp"or equal
0904.2 Lay-in acoustical panels shall be Armstrong
Minatone"fissured
Section 0905 Cementatous paneling
0905.1 Use '/1'thick"Hardi panel"with smooth finish.
a. Paint with enamel
b. Apply paneling over gypsum board that
has been taped,bedded and sanded.
c. Install with plastic joint covers,no horizontal
joints
d. Finish head and base with 1 x 4 wood,painted
09-1of1
Division—1300 Special Construction
Section - 1301 Pre-engineered metal building
1301.1 Building shall be that manufactured by"Mesco Metal Buildings"
or approved equal
1301.2 Building manufacture will provide sealed engineering drawings
acceptable by the city development department
1302 Building type shall be"G.E.T. with tapered columns and frames.
1302.1 End wall columns shall be 7 7/8 x 4 V channels
a. End wall rafter shall be 12"x 3 1/3"channel.
1302.2 Framing for wall and roof panels shall be 8"gins and 8"purlins.
a. Opening in exterior walls requiring secondary framing shall
have end wall type girts channel that will member with horizontal girts.
b. Roof shall support a 20 lbs live load.
C. Building framing shall be braced for 100 M.P.H.wind velocity
1303 Trim and downspouts and gutter.
a. All trim shall be standard for building.
b. Gutter shall be"Eave gutter,nominal dimension 5"x 6"
c. Downspouts shall be standard 5"x 4 718"
d. Splash blocks shall be 24"x 48"minimum,constructed of reinforced concrete and may be pre
manufactured.
1304 Exterior wall panels shall be MRII 26 Ga
1305 Roofing panels shall be CLKII,24 Ga.snap together
1306 Anchor imbeds:
a. Building manufacture shall furnish all anchor bolts and templates,for installation by General
Contractor,includes perimeter angle @ bottom of siding panels.
1307 Exterior personnel doors and frames shall be furnished by metal building manufacture
1308 Exterior louvers shall be standard adjustable 3'-4"x 3'—4"furnished by building manufacture
1309 Color selections
a. Wall panels: Color—Cote IF'Saddle Tan"
b. Trim,Gutter and downspouts Color Cote II/'Burnished Slate"
C. Windows shall be anodized light bronze.
d. Exterior doors and frames, including sectional overhead door and wood frame shall be Color cote
IIBurnished Slate,to match trim
e. Standard louvers shall be Color Cote II/Saddle Tan to match wall panels
f. Roofing and vents shall be Color Cote 11 Polar White
13- 1 of
Division 1500 Mechanical
Section 1501. HN.A.C.horizontal attic type unit with remote
condensing.
1501.1 Cooling system shall be 12 sear 26,000 btu
direct expansion unit
1502.1 Heating system shall be 12 sear 80,000 btu
gas fired furnace with blower and electronic
Ignition.
1501.2 HN.A.C.system shall be one of the following
Manufactures.
a. Carrier
b. Trane
c. York
1501.3 Provide and install low ambient
non-programmable controls and thermostats
1501.4 Provide filter frame with side door as
indicated for disposable filters
1501.5 Provide and install 26 gage galv.Metal duct,
wrap with 2"foil backed glass fiber insulation
a. Tape all duct joints and insulation joints
b. Flexible duct of any kind is unacceptable
1501.6 Provide and install evaporative coil pan
and drain to exterior,penetrate metal
siding a maximum of 6"above finish floor line
Section 1502 Gas fired unit heaters
1502.1 Suspended gas fired unit heaters with blower
shall be 100,000 b.t.u.units with remote
Thermostats manufactured by"Dayton"or
Approved equal.
1502.2 Run gas underground from existing meter.
size for three furnaces with a total 280,000 b.t.u.
load.
1502.3 Provide and install low voltage(24 v.)
thermostats on wall adjacent to suspend
unit heaters.
1503 Exhaust fan
1503.1 Provide and install a 36"diameter industrial/
commercial vertical exhaust fan lhp, 1 phase
23 Ov,60 hz over operable louver by others.
unit shall be manufactured by the"Dayton"
co.or approved equal.
15-1 of
CITY OF FORT WORTH, TEXAS
CO lk JSTR\UCT10"I CONTRACT
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
This agreement made and entered into this the 6"' day of June AD, 20 00 , by
and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and
existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th
day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the
Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City
Council of said city, hereinafter called OWNER, and Tom S. Stephens, Inc., of Fort Worth of the City
of Fort Worth County of Tarrant State of Texas hereinafter called CONTRACTOR.
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be
made and performed by the Owner, and under the conditions expressed in the bond bearing even date
herewith, the said Contractor hereby agrees with the said Owner to commence and complete the
construction of certain improvements described as follows:
FIRE SUPPLY LADDER TESTING AND STORAGE BUILDING
2900 WEST BOLT STREET
That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools,
appliances and materials necessary for the construction and completion of said project in accordance with
the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth,
which Plans and Specifications and Contract Documents are hereto attached and made a part of this
contract the same as if written herein.
The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)
days after being notified in writing to do so by the Owner.
The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement
thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation
and Public Works Director of the City of Fort Worth and the City Council of the City of Fort Worth within a
period of 120 calendar days.
City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work,
and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the
successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments
upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the
Contractor.
The agreed upon total contract amount shall be $66,900.00 and includes the base bid and No Alternates.
Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 120 calendar
days.
Insurance Requirements:
The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works
Department as certificate holder, showing the required General Contractors Liability coverage, Auto
Liability, and Builders Risk.
wo Q--J N iL ��f HCl°D
'�C�'� CSL u U !S ILrl1�11
C - 1 I r
Contractor agrees to provide to the City a Certificate showing that it has obtained a policy of workers
compensation insurance covering each of its employees on the project in compliance with State
Law. No Notice to Proceed will be issued until the Contractor has complied with this section.
Contract agrees to require each and every subcontractor who will perform work on the project to
provide to it a certificate from such subcontractor stating that the subcontractor has a policy of
workers compensation insurance covering each employee employed on the project. Contractor will
not permit any subcontractor to perform work on the project until such certificate has been acquired.
Contractor shall provide a copy of all such certificates to the City.
If this Contract is in excess of$25,000, the Contractor shall provide Payment Bond. If the Contractor is in
excess of$100,000, the Contractor shall provide both Payment and Performance Bonds for the full amount
of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by
r this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility.
If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract
Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi-
tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated
damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and
his Surety shall be liable to the Owner for such deficiency.
IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX (6)
counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the
corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its
duly authorized officers in SIX 6 counterparts with its corporate seal attached.
Done in Fort Worth, Texas, this the 6th day of June ,AD, 20 00 .
Contractor
By: � APPRO
�ia�v7
By: � -
Office ssistant My Manage
APPROVAL RECOM ENDED: RECORDED:
By: By:
Transportation and Public Works i Secretary
APPROVED AS TO FORM AND LEGALITY: (," 41)
Date
By:
d — /
ityAtto!&�
rney Jjp'�. & q
contract Authorization
6- t - 00
Date
FYI COIN. t[ix.
Bond #AI6158979
PERFORMANCE BOND
THE STATE OF TEXAS
COUNTY OF TARRANT
rKNOW ALL MEN BY THESE PRESENT: That we (1) Tom S. Stephens,
Inc.,of Fort Worth (2) Company of Texas hereinafter called Principal and (3)
Gulf Insurance Company
a corporation organized and existing under the laws of the State and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City
of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas
hereinafter called Owner, in the penal sum of
Sixty Six Thousand,Nine Hundred Dollars and No Cents
r $66,900.00 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County,
Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs,
IF executors, administrators, and successors,jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a
certain contract with the City of Fort Worth,the Owner, dated the 6th day of June , 2000,
a copy of which is hereto attached and made a part hereof, for the construction of:
FIRE SUPPLY LADDER TESTING AND STORAGE BUILDING
2900 WEST BOLT STREET
designated as Project Number • GC07/036070116000 , a copy of which contract is
hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length
herein, such project.-and-construction being hereinafter referred to as the"work".
NOW THEREFORE, if the Principal shall well, truly and faithfully perform the work in
accordance with the plans, specification, and contract document during the original term thereof, and any
extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he
shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save
harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and
lip shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good
any default,then this obligation shall be void; otherwise to remain in full force and effect.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, State of Texas.
rAND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and
agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work
to be performed thereunder or the specifications accompanying the same shall in any wise affect its
obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration
or addition to the terms of the contract or to the work or to the specifications.
,
AMPERBOND.FRM
IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which
shall be deemed an original,this the 6th day of Juge . 2000.
Tom S. Stephens, Inc. of
Fort Worth
a Principal (4)
ATTEST:
By:
Secretary
-T
(Printed Name/Title)
(SEAL)
138 S. Bowen,Ste. 118
ADDRESS
Arlington, TX 76012
CITY/STATE/ZIP
4200 Research Forest Dr. , Ste. 200 Gulf Insurance Company
(Address) (Surety)
The Woodlands, TX 77381
ATTEST:
(Surety) Secretary
By:
(Attorney-in- act 5)
(SEAL) Elgine Lewis
(Printed Attorney-in-Fact)
Witness as to Surety
PP Note: Date of Bond must not be prior to date of
Contract
(1) Correct name of Contractor
(2) A Corporation,a Partnership or and
Individual,as case may be
(3) Correct Name of Surety
(4) If Contractor is partnership all Partners
should execute bond
.; (S) A true copy of Power of Attorney shall be
attached to bond by Attorney-in-Fact
AMPERBOND.FRM
R Bond #AI6158979
PAYMENT BOND
THE STATE OF TEXAS BOND NO. 141503264
COUNTY OF TARRANT
KNOW ALL MEN BY THESES PRESENTS: That we, Tom S. Stephens,Inc.,of Fort Worth
a corporation of Tarrant County, Texas , hereinafter called
Principal and (3) Gulf Insurance Company
, a corporation organized and existing under the laws of the State and fully
authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City
of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas,
hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or
perform labor upon,the building or improvements hereinafter referred to in the penal sum of:
Sixty Six Thousand,Nine Hundred Dollars and No Cents
$66,900.00 lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the
payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators
and successors jointly and severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a
certain contract with the City of Fort Worth,the Owner dated the 6th day of June ,2000,
a copy of which is hereto attached and made a part hereof,for the construction of:
FIRE SUPPLY LADDER TESTING AND STORAGE BUILDING
2900 WEST BOLT STREET
designated as Project Number GC07/036070116000 copy of which contract is hereto
attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein,
such project and construction being hereinafter referred to as the"works".
NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly
` make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas,
supplying labor and materials in the prosecution of the work provided for in said Contract, then this
obligation shall be null and void, otherwise it shall remain in full force and effect.
THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying
labor and material in the prosecution of the work provided for in said Contract, as claimants are defined
in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided
in Article 5160 of the Revised Civil Statutes.
PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in
Tarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees
that no change extension of time, alteration or addition to the terms of the contract or to the work to be
performed thereunder or the specification accompanying the same shall in any wise affect its obligations
on this bond, and it does hereby waive notice of any such change, extension of time, alteration or
addition to the terms of the contract or to the work or the specifications.
AASPAYBOND.FRM
PM
OF
PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall
abridge the right of any beneficiary hereunder whose claim shall be unsatisfied.
IN WITNESSETH WHEREOF, this instrument is executed in 6 counterparts, each one of which
shall be deemed an original, this the 6th day of June ,2000.
Tom S. Stephens, Inc. of
Fort Worth
Principal (4)
ATTES
i BY
n ipal Secretary
(Printed Name/Title)
(SEAL) 138 S. Bowen Ste. 118
ADDRESS
Arlington, TX 76012
CITY/STATE/ZIP
4200 Research Forest Dr. , Ste. 200 Gulf Insurance Company
(Address) (Surety)
The Woodlands, TX 77381
ATTEST:
O o
(Surety) Secretary By: pait A"t'o
(Attorne in-F t) (5)
Elaine LSKia
(Printed Attorney-in-Fact)
(SEAL)
Witness as to Surety Note: Date of Bond must not be prior to date of
Contract
(l) Correct name of Contractor
(2) A Corporation, a Partnership or and
Individual,as case may be
(3) Correct Name of Surety
(4) /f Contractor is Partnership all Partners
should execute bond
GULF INSURANCE COMPANY BOND
ST. LOUIS, MISSOURI NUMBER Al 6158979
POWER OF ATTORNEY -
)� NAME, ADDRESS
ORIGINALS OF THIS POWER OF ATTORNEY ARE PRINTED ON BLUE )
AFETY PAPER WITH TEAL INK. DUPLICATES SHALL HAVE THE IRUFCITY, STATE, ZIP
,AME FORCE AND EFFECT AS AN OR16INAL ONLY WHEN ISSUED IN
-ONJUNCTION WITILTHEE.i RIG$1�L—
KNN ALI,MEN BY THESE PRESENTS:ENTS:Tbia the i5t, sur�nce.�pdt'
Pa►►Y,a�o,�ratrod duly organized under the It9ws of dhe�tutu of frk�hgvi�it`s
gcipal ®dice i�tt,e pity v� liuitp� �}; tl,gthe tblbowjitgnesolwfioy� Tom S. Stephens~ IUc. of Fort Worth
dopted by the Finance S4 ExeZpgvt e nftfu�H»a oDitors p the,laid 138 S. Bowen, Ste 4 118
:ornpany on the 10th day Ol"A s �tn��tt:
RESOLVED,th�athePtt�esr >St Est utve}Viec)1'rbsidetiioi ahi $enldr$i � Arlington, TX 76012
President of the Company shall h$veau�t�ay fo ma��:-srreyvtearr��tuaraI#~vet
f Attorney constituting as q�orAe��in-E�,-suell�sp�s; su peps
nay be selected from time t� me,attdany sucliAlfprt y-�c,q� 011:
nd the autllbrity granted him kiVok6d by khe President,xW-atdyl�ietdadve Vide EFFECTIVE DATE
'resident, or any Senior Vice lhveideot,gr--by,the Vgard-of 4L-or Eby 4
Finance and Executive Committr,.e 4�1q Q�I�iCeetors, Juni B 2000
RESOLVED,that nothing ire t!t`is PoSv6r f!Atforlieylsba11 be coitsfived as a giant
Irf authority to the attorney(s)-in-fact to-si6,exebute,acknowle(*e OgPieeorotlbH CONTRACT AMOUNT
rwise issuephe;olicy or policies of iosurwr on-behalf of Gulf Inst#raacd jComp
1tESQL p,that tsignature of the president,Executive Vice Pie¢id _ >{
any Senior Vtc&Presidedt,sad the Seat of 6o Company may be affixed to arty ±6j64,900.100
Power of Attorney b€any eertiftoate Alatiag)thereto by fhcsiruile,and any,s'pch
r1wers so execu}ed an4 etrtified"by face, ile sipafi*and fapslmile seal slut b� BOND AMOUNT
l",
lid and bind!!upon the Co pany:in k t4 future withrespect�to�y bond anicuments relating-to suety bond to w1hich they are attached." 66,900.00
Gulf Insurance CompWly horo6y trim~$,aortsditute and aplpint
r --- Richard IL Baker,Jeff Bolin, Scott D. Chapman,Elaine Lewis, Roy k Simmons
1
its true and lawful a ♦fact,wi VfflF.a�,auflU*tg_ byre its oame,,place~and.s�ead,to$iga exca:,, gp(rtlod and duet I�
behalf,as surety,arl�agd s�ttid aa¢Je ng slti ,a biigdL If�a> 'Cp y there ty!Ai to thG s�lne extent as♦fatty hdnd¢,under-
rand docirmertts kadag to�tltrbditds Aridlouf� tigswlete`sigat�dt the-du autNor�zed o ffcerlkbthd Gfurandeortipairy and all the actk of said
zo;blig4tion of the Cotnp4*sball not eWeed;tbitee"Ilion PXQ4W)tlgllars,
IN WITNESS WHEREOF,the GaltIdsurance Company has tatised these presents to be signed by*4 IoH'tcer,of the Company and its Cerporatie Seal to
polic hereto affixed.
.fituNCF
00 ot,' -'GL%""L"CE COMPANY
D Z I
�
SEAL �
y�sSO%) j
STATE OF NEW YORK 11 Christopher 0,;%4sba
SS Pt'esident
QtWtV OF KINGS
)
t!! On(he47th day of October,1999 A.D.,before me caste Cllr♦Wpher E.Watson,known to me personally wl�being by hte duly sworn,did depote and
say;that a resides in the County of Westchester,State of New V6 IV,that he is the President of the Gulf Insurance Company,the corporation described in
which executed the above instrument;that he knows the sent or,said chor tion;that the seal aflta;ed to the said instruments is such corporate sea4-
Iftat
It was so aBixed by orderof the Board of Directors of said htorporation and that he signed his nart> ,thereto by like order:
py1D JgF.c {
� O q > -
Y DAVID J
71 ,oG�Q Notary Public,Sia a of New York
STATE OF NEW YORK )! Oy;NFII No.02JA4tCo
Qualified in Kings County
FSs Commission Expires November 13,2001
COL�I4TY OF NEW FORK 3 t
I,the undersigned,Executive Vice President of the Gulf lasuranee Cosopany,a Missouri Corporation,DO I 4XYZERTIFY that the fat4goigg and
attached POWER OF ATTORNEY remains in fun force.
pANc f
Signed and Sealed at the C"tty of New SPotk. a� �
'� II VIII VIII VIII VIII VIII VIII III SEAL ..�
Dated fh� 6th darof June 20 00
AI6158979 *1294986*
I.awrenre-P.Waiter
r 9016-AI(l b") ExtsgGve'Vice President
AeyRo_ CERTIFICATE OF LIABILITY INSURANCECSR TL DATE(MM/DD/YY)
STEPH-1 06/13/00
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
First Texas Insurance ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
ervices, L.C. HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P.O. Box 220 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Arlington TX 76004 COMPANIES AFFORDING COVERAGE
Jerry Jordan Insurance COMPANY
Phone No. 817-275-2626 Fax No. A Acceptance Insurance Co.
INSURED COMPANY
B CGU Insurance Company
COMPANY
Tom S. Stephens of Fort Worth C Highlands Insurance Group
138 S. Bowen #118 COMPANY
Arlington TX 76012 D Zurich Insurance Company
;COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED,NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCEPPOLICY EFFECTIVE POLICY EXPIRATION LIMITS
TR
OLICY NUMBER DATE(MM/DD/YY) DATE(MM/DD/YY)
GENERAL LIABILITY GENERAL AGGREGATE s2,000,000
A X COMMERCIAL GENERAL LIABILITY CL2095974 06/24/99 06/24/00 PRODUCTS-COMP/OPAGG $2,000,000
—71 CLAIMS MADE FX]OCCUR PERSONAL 8 ADV INJURY $ 1,000,000
I OWNER'S 8 CONTRACTOR'S PROT EACH OCCURRENCE $ 1,000,000
FIRE DAMAGE(Any one fire) $ 50,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
$ X ANY AUTO BA01953259-0 03/25/00 03/25/01 COMBINED SINGLE LIMIT $ 1,000,000
X ALL OWNED AUTOS
BODILY INJURY $
SCHEDULED AUTOS (Per person)
X HIRED AUTOS
BODILY INJURY $
P
X NON-OWNED AUTOS (Per accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY:
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM AGGREGATE $
OTHER THAN UMBRELLA FORM $
X WC STATU- 0TH-
WORKERS COMPENSATION AND TORY LIMITS ER
EMPLOYERS LIABILITY EL EACH ACCIDENT $ 500,000
THE PROPRIETOR/ g INCL CWC010416300 02/02/00 02/02/01 EL DISEASE-POLICY LIMIT $500,000
PARTNERS/EXECUTIVE
OFFICERS ARE: EXCL EL DISEASE-EA EMPLOYEE $ 500,000
u OTHER
D Builders Risk BR59754664 07/10/00 07/10/01 B/R Plcy 66,800
LOCATION: 2900 W BOLT FT. Ded. $ 500
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
Attn: Vicki McDonald Project: Fire Supppply Ladder Testing and Storage
Building 2900 West Bolt St. City of From Worth are named as additional
insured. A Waiver of subrogation in favor of City of Ft.Worth.
I
CERTIFICATE HOLDER CANCELLATION
CITY012 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
City of Fort Worth EXPIRATION DATE THEREOF,THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Transporation & Public Works 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
FAX#817-871-8092
1000 Throckmorton St. BUT FAILURE TO MAIL SU NO ICE SHALL I POSE NO OBLIGATION OR LIABILITY
Fort Worth TX 76102 OF ANY KIND UPON TH COMP Y IT OR P ETIVES.
[Jerry
UTHORIZED REPRESENTA
7Z
Jordan suran
CORD 25-S(1/95j " ACDRD CORPORATION 1988
CONTRACTOR COMPLIANCE WITH
WORKER'S COMPENSATION LAW
Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Tom S. Stephens, Inc., of
Fort Worth certifies that it provides worker's compensation insurance coverage for all of its emplo37ees
employed on City of Fort Worth project Fire Supply Ladder Testing and Storage Building project
number, GC07/036070116000.
By:
Title
Date
STATE OF TEXAS 3
COUNTY OF TARRANT 3
i
BEFORE ME, the undersigned authority, on this day personally appeared
, known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same as
the act and deed of kr. o$ elk," jvMa . 4p Ayo-t , for
the purposes and considerations therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 2,r day of
0000000000oo0="
A08ERT KENNETH RODGERS
Notary Public,state of r'i s Notary Public in and for the State of Texas
=s 'y;'M Commission Expires 10-21-00
y P
(a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy
of workers compensation insurance covering each of its employees on the project in compliance
with state law. No Notice to Proceed will be issued until the Contractor has complied with this
section.
(b) Contractor agrees to require each and every subcontractor who will perform work on the
project to provide to it a certificate from such subcontractor stating that the subcontractor has a
policy of workers compensation insurance covering each employee employed on the project.
Contractor will not permit any subcontractor to perform work on the project until such certificate
has been acquired. Contractor shall provide a copy of all such certificates to the City.
AAMORKCOMYRM