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Home My WebLink AboutContract 36209CITY SECRETARY '.JI "rvY1 CONTRACT NO._~-----~---flllca,fl'CII: .. ·CON'IUCD THE CITY OF FORT WORTH,, TEXAS ~== __ cm ... HRI TPW2007 -24 ....... . __ 1JN.fUCIJllf RODEO PLAZA RENOVATION FORT WORTH .MIKE MONCRIEF CHARLES B_OSW.ELL CITY MANAGER MAYOR Robert Goode, P.E. Director, Transportation and Public Works Dept Kirk Slaughter Director, Public Events Department Rodeo Plaza Renovation October 2007 Hasen Construction Services Huitt-Zollars, Inc. October 2007 OOAIGINAL - City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 10/30/2007 -Ordinance No. 17857-10-2007 & 17858-10-2007 DATE: Tuesday , October 30, 2007 LOG NAME: 20RODEOPLHASEN SUBJECT: REFERENCE NO.: C-22495 Authorize Execution of Contract with Hasen Design Build and Development , Inc., d/b/a Hasen Construction Services for the Construction of the Rodeo Plaza Renovation and Adopt Appropriation Ordinances RECOMMENDATION: It is recommended that the City Council : 1. Authorize the City Manager to execute a construction contract with Hasen Design Build Development, Inc ., d/b/a Hasen Construction Services, in an amount not-to-exceed $1 ,353,100 for the Rodeo Plaza Renovation project located on Rodeo Plaza between Exchange Avenue and Stockyards Boulevard ; 2. Adopt the attached appropriation ordinance increasing appropriations in the Culture and Tourism Fund by $1,517 ,690 and decreasing the unreserved fund balance by the same amount; 3. Authorize the transfer of $1,517,690 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund ; and 4 . Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Specially Funded Capital Projects Fund by $1,517 ,690 from available funds . DISCUSSION: On May 3 , 2005 , (M&C C-20692) the City Council authorized the City Manager to execute a Delivery Order in the amount of $31,700 under the City 's annual architectural services agreement with Huitt-Zollars, Inc., for design services to develop a more pedestrian-friendly Rodeo Plaza. Funding in the amount of $39,700 was approved from the Culture and Tourism Fund to support design . On November 1, 2005, (M&C C-21115) the City Council authorized the City Manager to execute an amendment to the Delivery Order in the amount of $57 ,600 for additional design services to include schematic designs for the northern Rodeo Plaza area , a larger covered workout riding area , and a new focal point to replace the existing gazebo . Funding in the amount of $69,600 was approved from the Culture and Tourism Fund to support design . On November 1, 2005 , (M&C C-21116) the City Council authorized the City Manager to execute a professional services agreement in the amount of $25 ,210 with A.N .A. Consultants , LLC , under an annual contract for professional land surveying services, to determine property ownership and flood plain areas and to provide a survey . Funding in the amount of $30 ,210 was approved from the Culture and Tourism Fund. - - - - - - The project was advertised for bid in the Fort Worth Star-Telegram on June 14 and 21 , 2007. The following bids were received : Hasen Construction Services (Includes Alternates Below) Base Bid Alternate #1 -New Riding Arena , Cover and Demolish Existing Gazebo Alternate #2 -New Gazebo Prime Construction Company (Includes Alternates #1 and #2) Alpha Building Corporation (Includes Alternates #1 and #2) $1 ,353 ,003 .00 $454 ,076 .00 $760,452 .00 $138 ,475 .00 $1 ,536 ,000 .00 $1 ,590 ,244 .00 Based on price, schedule, M/WBE participation , reputation, and experience , Hasen Construction Services was determined to offer the best value. The estimated overall cost of the project is : Design Construction Geotech, Material Testing Contingency , Staff Administration Total $126 ,200.00 $1,353,100 .00 $46 ,400 .00 $131 ,500 $1 ,657 ,200 .00 The three M&Cs cited above approved funding totaling $139,510 . An additional $1,517 ,690 will be required to award the construction contract. Hasen Construction Services is in compliance with the City 's M/WBE Ordinance by committing to 12 percent M/WBE participation . The City 's goal for this project is 12 percent. The project is located in COUNCIL DISTRICT 2; but will serve Fort Worth residents in ALL COUNCIL DISTRICTS . FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances , funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. TO Fund/Account/Centers 1) GG04 539120 0243020 $1 ,517 ,690 .00 ~ C291 511080 202040022280 $2 0 ,000 .00 ~ C291 531200 202040022280 $23 ,000 .00 ~ C291 531060 202040022280 $2 0 ,000 .00 2&3) C291 472004 2020400222ZZ $1 ·517 •690.00 ~ C291 541200 202040022280 $1 A 54 .59 o.oo Submitted for City Manager's Office by: Originating DeRartment Head: FROM Fund/Account/Centers 2) GG04 539120 0243020 $1 ,517,690.00 ~ C291 541200 202040022280 $1,35 3 ,100.00 Marc A. Ott (84 76) Robert Goode (7804) Additional Information Contact: Dalton Murayama (8088) • - - ..... Ordinance No . ------ AN ORDINANCE INCREASING APPROPRIATIONS IN THE CULTURE AND TOURISM FUND IN THE AMOUNT OF $1,517,690 AND DECREASING THE UNRESERVED FUND BALANCE BY THE SAME AMOUNT, FOR THE PURPOSE OF TRANSFERRING SAID FUNDS TO THE SPECIALLY FUNDED CAPITAL PROJECTS FUND FOR THE RODEO PLAZA RENOVATION ; PROVIDING FOR A SEVERABILITY CLAUSE ; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007- 2008 in the Budget of the City Manager, there shall also be increased appropriations in the Culture and Tourism Fund in the amount of $1,517,690 and decreasing the unreserved fund balance by the same amount, for the purpose of transferring said funds to the Specially Funded Capital Projects Fund for the Rodeo Plaza renovation . SECTION 2. That should any portion, section or part of a section of this ordinance be declared invalid , inoperative or void for any reason by a court of competent jurisdiction, such decision , opinion or judgment shall in no way impair the remaining portions, sections , or parts of sections of this ordinance, which said remaining provisions shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No . 17749 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed . SECTION 4 . This ordinance shall take effect upon adoption . APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ADOPTED AND EFFECTIVE: -------------- Ord inance No . _____ _ AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND APPROPRIATIONS IN THE SPECIALLY FUNDED CAPITAL PROJECTS FUND IN THE AMOUNT OF $1 ,517 ,690 FROM AVAILABLE FUNDS FOR THE PURPOSE OF EXECUTING A CONSTRUCTION CONTRACT WITH HASEN DESIGN BUILD DEVELOPMENT, INC . OBA HASEN CONSTRUCTION SERVICES FOR THE RODEO PLAZA RENOVATION PROJECT LOCATED ON RODEO PLAZA BETWEEN EXCHANGE AVENUE AND STOCKYARDS BOULEVARD ; PROVIDING FOR A SEVERABILITY CLAUSE ; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR ORDINANCES IN CONFLICT HEREWITH ; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS : SECTION 1. That in addition to those amounts allocated to the various City departments for Fiscal Year 2007-2008 in the Budget of the City Manager, there shall also be increased estimated receipts and appropriations in the Specially Funded Capital Projects Fund in the amount of $1 ,517 ,690 from available funds for the purpose executing a construction contract with Hasen Design Build Development, Inc. dba Hasen Construction Services for the Rodeo Plaza Renovation Project located on Rodeo Plaza between Exchange Avenue and Stockyards Boulevard . SECTION 2 . That should any portion, section or part of a section of this ordinance be declared invalid , inoperative or void for any reason by a court of competent jurisdiction , such decision , opinion or judgment shall in no way impair the remaining portions, sections, or parts of sections of this ordinance , which said remaining provisio ns shall be and remain in full force and effect. SECTION 3. That this ordinance shall be cumulative of Ordinance No. 177 49 and all other ordinances and appropriations amending the same except in those instances where the provisions of this ordinance are in direct conflict with such other ordinances and appropriations, in which instance said conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed . SECTION 4 . This ordinance shall take effect upon adoption. APPROVED AS TO FORM AND LEGALITY : Assistant City Attorney ADOPTED AND EFFECTIVE:----------- fORTWORTH ~ CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 4 FORT WORTH STOCKYARDS Streetscape, Arena Cover and Gazebo Rodeo Plaza Renovation Request for Proposals Submittal Date : August 2, 2007 (CHANGE) The Request for Proposals for the above project is hereby rev ised and amended as follows : Proposals shall be submitted on the attached revised Bid Proposal Form . Acknowledge the receipt of this Addendum No . 4 on your Proposal. RELEASE DATE: July 25 , 2007 Rodeo Plaza Renovation June 2007 ROBERT GOODE , PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPT By : Dalton Murayama Architectural Services Manager 817-392-8088, FAX 817-392-8488 Page 1 of 1 PROPOSAL (Revised) TO: MR. CHARLES BOSWELL CITY MANAGER CITY OF FORT WORTH, TEXAS FOR : Rodeo Plaza Renovation The Stockyards Between Exchange Avenue and Stockyards Boulevard Fort Worth, Texas Project No . TPW2007-24 Pursuant to the foregoing "Instructions to Offerers," 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 acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base Bid ----- Completion within calendar days After date of Notice to Proceed Alternate No . 1 (New Riding Arena Cover/Arcade & Demolish Existing Gazebo) ___ _ (Cost to Demolish Existing Gazebo , included above ___ _, Alternate No . 2 (New Gazebo & Demolish Existing Gazebo) ___ _ (Cost to Demolish Existing Gazebo, included above ___ _, Section 01270 , Unit Prices, Part 3 -Execution in Addendum No . 2, list of unit prices : Light Pole Type A's (Not installed) ___ _ Light Pole Type B's (Not installed) ___ _ Coffin Style Pipe Bollard (Installed) ___ _ Antique Style Pipe Bollard (Installed) ___ _ Rodeo Plaza Renovation June 2007 (Re vised in Addendum No. 4 , July 25, 2007) Piers ..... 18 " diameter add itional per foot ___ _ ..... 18 " diameter credit per foot ___ _ Light Pole Type A's and B's Foundation ___ _ Molly Sconce (South Gateway) ___ _ The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed . A Project Schedule will be submitted as required in the Instructions to Offeror 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 unders igned 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 Offerers : The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-res ident 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 bus iness are outside of the State of Texas) that bid pro jects for construction , improvements , supplies or serv ices 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 wh ich 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 fa ilure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the bo x in Section 8 . A. U Non-resident vendors in (give state), our principal place of business , are required to be __ pe rcent lower than res ident bidders by state law. U Non-resident vendors in (give state), are not required to underbid resident bidders . B. U Our princ ipal place of business or corporate offices are in the State of Texas . With in ten (10) days of receipt of notice of acceptance of this bid , the successful bidder will execute the formal contract and wi ll deliver approved Performance and Payment Bonds 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 Bond is to be forfeited in the event the contract and bonds are not executed w ithin the time set forth , as liquidated damages for delay and additional work caused thereby . MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25 ,000) I am aware that I must submit information the Director , Transportation and Pub li c Works , concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE . R odeo P laza Renovation Ju ne 2007 (R evised in Ad dendum No. 4, Ju ly 25, 2007) Respectfully submitted, Company Name By: Signature Printed Name of Principal Address : Street City Phone : ----------- Fax : Receipt is acknowledged of the following addenda : Addendum No . 1 : __ Addendum No . 2 : __ Addendum No. 3 __ _ Addendum No . 4 __ _ Addendum No . 5 __ _ Rodeo Plaza Renovation June 2007 (Revised in Addendum No. 4, July 25 , 2007) Title Zip FoRTWORTH ~ CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 3 FORT WORTH STOCKYARDS Streetscape, Arena Cover and Gazebo Rodeo Plaza Renovation Request for Proposals Submittal Date: July 26, 2007 (CHANGE) The Request for Proposals for the above project is hereby revised and amended. The Pre-Submittal Conference was held at 11 :00 AM, June 26, 2007. Acknowledge the receipt of this Addendum No . 3 on your Proposal. RELEASE DATE : July 12 , 2007 Rodeo Plaza Renovation June 2007 ROBERT GOODE , PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPT By : Dalton Murayama Architectural Services Manager 817-392-8088 , FAX 817-392-8488 Page 1 of 1 FORT WORTH ~ CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 FORT WORTH STOCKYARDS Streetscape, Arena Cover and Gazebo Rodeo Plaza Renovation Request for Proposals Submittal Date: July 19, 2007 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : The Pre-Submittal Conference was held at 11 :00 AM , June 26 , 2007 . The following attended : Refer to attached Addendum No. 2 Drawings and Addendum No . 2 Specifications . Acknowledge the receipt of this Addendum No . 2 on your Proposal. RELEASE DATE : July 11, 2007 Rodeo Plaza Renovation June 2007 ROBERT GOODE, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPT By: Dalton Murayama Architectural Services Manager 817-392-8088, FAX 817-392 -8488 Page 1 of 1 Fort Worth Stockyards Project No: 03-0939.04 Addendum No. 2 Date: July 05 , 2007 City of Fort Worth Transportation and Public Works Department Fort Worth Stockyards Streetscape, Arena Cover and Gazebo Rodeo Plaza Renovation THIS ADDENDUM FORMS A PART OF THE PROJECT MANUAL AND CONTRACT DOCUMENTS AND TAKES PRECEDENCE OVER AND MODIFIES THE ORIGINAL BIDDING DOCUMENTS. BIDDERS SHOULD ACKNOWLEDGE RECEIPT OF THIS ADDENDUM ON BID FORMS. FAILURE TO DO SO MAY SUBJECT THE BIDDER TO DfSQUALfFfCATfON. This Addendum consists of the following modifications and clarifications to the documents: SPECIFICATIONS: The following Specifications are being added/modified as described below: Added: 06180 Laminated Beam 06150 Wood Decking Modified: Table of Contents 01270 Unit Price: 06151 Wood Decking Soffits : Proposed Light Pole Foundations and "Molly" Sconces are added to the Unit Price Part 3, 3.1, items #6 and #7 Size of lay-up wood Tongue and Groove wood <:lecking is changed from 2"X6" to 1"X6" in 1.2 Materials, A, #2. #6 is removed, preservative treatment will not be required. This applies to Arcade, Gazebo and South Gateway Soffits. ARCHITECTURAL SKETCHES: The following drawing is being added as described below: ASK-1 a. Pipe & Tube Railing for Corral System Detail. This detail applies to the Corral fence around the Arena Base Bid and Arena Cover alternates . The fence will be at the North, South and West perimeters of the Arena. ,,,,,,,, --E, OFT.'' /r-~ ·N~·· ,-,_:. . * t , .-., ,, , • • l :. • 'I ~-••• ,.. •••••• •.tt _• ••••• ·~ 1 61..,0TT P. t"ARMA , ~ .................... ~ ',,,~\ . 75690~i f ••. ~ .. .t -~~-.r 7.,,1"0/07 Addendum No.2 "'' ..... """' "\ ---;EOFr \\\ ;"'-~ ........... fJ; ,, ,,, ~ '··· * ·-:r."'! ' ,,,. • • • •• ,jl i' ,,. * •· ·• "'*: ..• ; I'····:....... -. • I, I ••••••••••••••• : ••.• ' ~ .... ~~~~:'!.:.·.~~J:!OLS ~ ,, --o \ 9 1 7 6 O .. ·:,:-.. ·:: t,--Po;·,,.<1cENS£-~ .. ·~~; ', ~J's·· ........ ··c/·,.: ..:' ,,, IONAL £.~:---// -If~~ it~~, July 5th, 2007 Huitt-Zollars,Inc . •500West71hStreet,Suite 300 • Fort Worth , Texas76102 • 817-335-3000 • Fax817-335-102 5 Page I of2 DRAWINGS: The following drawings are being modified as described below: SheetE800 Clarification a. Lighting Fixture Schedule-The schedule is modified to incorporate artist's Pendant light fixture added to string lights for power requirements only. The Pendant light by artist, will only be suspended from artist's string lights, light poles and foundation design . The proposed structural design doesn't incorporate artist's structural loads, HZI drawings are not intended to support any of the artist's work. Sheet E112 a. Additional lighting requirements by artist have been added to power and lighting plan. (2) lighted sculptures at 250W each and (1) metal archway at 250W each. (6) pendant lights at 150W each are accounted for at the string lights. Sheet E112.1 a. Additional lighting requirements by artist have been added to power and lighting plan . (2) lighted sculptures at 250W each and (1) metal archway at 250W each . (6) pendant lights at 150W each are accounted for at the string lights . Sheet E113 a. Aaaitional lignting -r-e-quirements by artist-have been added to-power and-lighting plan. (2) lighted sculptures at 250W each and (1) metal archway at 250W each. (6) pendant lights at 150W each are accounted for at the string lights. Fort Worth Stockyards Addendum No.2 July 5th, 2007 Huitt-Zollars , Inc . • 500 West 7th Street, Suite 300 • Fort Worth, Texas 76102 • 817-335-3000 • Fax 817-335-1025 Page 2 of2 City of Fort Worth DIVISION 1 -GENERAL REQUIREMENTS 01230 Alternates 01270 Unit Prices (Revised 6/5/07) 01330 Submittal Procedures 01351 Special Procedures for Historic Treatment 01600 Product Requirements 01 731 Cutting and Patching 01732 Selective Demolition DIVISION 2 -SITE CONSTRUCTION 02380 Caissons 02780 Unit Pavers 02930 Exterior Plants DIVISION 3 -CONCRETE 03301 Cast-In-Place Concrete (Limited Applications) DIVISION 4 -MASONRY 04 720 Cast Stone 04810 Unit Masonry Assemblies 04811 Brick Masonry DIVISION 5 -METALS 05120 Structural Steel 05521 Pipe and Tube Railings For Corral System DIVISION 6 -WOOD AND PLASTICS 06100 Rough Carpentry 06150 Wood Decking (Added 6/5/07) 06151 Wood Decking Soffits (Revised 6/5/07) 06160 Sheathing 06180 Glue-Laminated Constructon (Added 6/5/07) DIVISION 7 -THERMAL AND MOISTURE PROTECTION 07321 Clay Roof Tiles 07411 Standing Seam Metal Roof Panels 07920 Joint Sealants DIVISION 8 -DOORS AND WINDOWS 08331 Overhead Coiling Doors DIVISION 9 -FINISHES 09113 Exterior Paints And Coatings 09220 Portland Cement Plaster TABLE OF CONTENfS Huitt-Zollars, Inc. ---------------- July 5, 2007 Rodeo Plaza Streetscape _, .... ,,,,,, ---~OF TE ,, -"'-~"··········•.t.A ,, ,,,,. ., .. * •;-Td' i lfl'. C:>.·· ••• ' f *.: -\* I ,.: . .:*'I I..···.: ............................ l -,_ BRION T. ECHOLS I I..······················~····;~···~ ,,,o\ 91760 _.:~; ' ~· . ~ ~ t1 o,;:_-•. ~f CENS~~-··:~«; .;' \ ~s. ········ ... ,(,' -. \\\ 'SIONA\. "t."'---~. '''~-= / ~ //~/;~ 1Jo/o1 TOC-1 HZ No. 03-0939.04 City of Fort Worth Rodeo Plaza Streetscape DIVISION 16 -ELECTRICAL 16010 Electrical General Provisions 16011 Electrical Submittal Requirements 1611 Q Raceways 16120 Insulated Conductors 16122 Grounding 16130 Electrical Boxes 16140 Wiring Devices 16145 Lighting Control Devices 16195 Electrical Identification 16460 Dry-Type Transformers -600 Volt And Below Primary And Rated 500 kV A and Smaller 164 70 Panelboards -Lighting and Branch Circuit 16490 Enclosed Safety Switches 16510 Lighting TABLE OF CONfENTS Huitt-Zollars, Inc. July 5, 2007 TOC~2 HZ No . 03-0939.04 City of Fort Worth PART 1-GENERAL 1.1 RELATED DOCUMENTS SECTION 01270 UNIT PRICES Rodeo Plaza Streetscape A. Drawings and general provisions of the Contract, including General and Conditions and other Division 1 Specification Sections, apply to this Section. 1.2 SUMMARY A. This Section includes administrative and procedural requirements for unit prices. B. Related Sections include the following: 1. Division 1 Section "Allowances" for procedures for using unit prices to adjust quantity allowances. 2 . Division 1 Section "Contract Modification Procedures" for proeedures for submitting and handling Change Orders. 1.3 DEFINITIONS • A. Unit price is an amount proposed by bidders, stated on the Bid Form, as a price per unit of measurement for materials or services added to or deducted from the Contract Sum by appropriate modification, if estimated quantities of Work required by the Contract Documents are increased or decreased. 1.4 PROCEDURES A. Unit prices include all necessary material, plus cost for delivery, installation, insurance, applicable taxes, overhead, and profit. B. Owner reserves the right to reject Contractor's measurement of work-in-place that involves use of established unit prices and to have this work measured, at Owner's expense, by an independent surveyor acceptable to Contractor. C. List of Unit Prices: A list of unit prices is included in Part 3. Specification Sections referenced in the schedule contain requirements for materials described under each unit price. UNIT PRICES Huitt-Zollars, Inc. July 5, 2007 01270-1 HZ No. 03-0939.04 City of Fort Worth PART 2-PRODUCTS (Not Used) PART 3 -EXECUTION 3 .1 LIST OF UNIT PRICES A .. Unit Price (See Sheet AOOO-Bid Instructions) 1. Light Pole Type A's (Not installed) 2. Light Pole Type B's (Not installed) 3. Coffin Style Pipe Bollard-Installed 4 . Antique Style Pipe Bollard -installed 5. Piers a. 18" <j> per additional foot b . 18" <j> credit per foot 6. Light Pole Type A's & B's Foundation 7. Molly Sconce (South Gateway) UNIT PRICES Huitt-Zollars, Inc. END OF SECTION O 1270 July 5, 2007 Rodeo Plaza Stree_tscape 01270-2 HZ No. 03 -0939.04 ---··---········. ·····----· ··------------··--·····-···· ----------------·-·-------- City of Fort Worth Rodeo Plaza Streetscape SECTION 06180 GLUED LAMINATED CONSTRUCTION PART 1-GENERAL 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 01 Specification Sections, apply to this Section. 1.2 SUMMARY A. Section includes framing using structural glued-laminated timber. 1.3 DEFINITIONS A. Structural Glued-Laminated (Glulam) Timber: An engineered, stress-rated timber product assembled from -selected and prepared wood laminations bonded-together with adhesives and with the grain of the laminations approximately parallel longitudinally. 1.4 PERFORMANCE REQUIREMENTS A. Structural Performance: · Structural glued-laminated timber and connectors shall withstand the effects of structural loads shown on Drawings without exceeding allowable design working stresses listed in AITC 117 or determined according to ASTM D 3737 and acceptable to authorities having jurisdiction. 1.5 SUBMITT ALS A. Product Data: For each type of product indicated. 1. Include data on lumber, adhesives, fabrication, and protection. 2 . For connectors, include installation instructions. B. Shop Drawings: 1. Show layout of structural glued-laminated timber system and full dimensions of each member. 2 . Indicate species and laminating combination, adhesive type, and other variables in required work. 3. Include large-scale details of connections. GLUE-LAMINATED CONSTRUCTION Huitt-Zollars, Inc . July 5, 2007 06180-1 HZ No. 03-0939.04 . City of Fort Worth Rodeo Plaza Streetscape C. Samples: Full width and depth, 24 inches long, showing the range of variation to be expected in appearance of structural glued-laminated timber. 1. Apply specified factory finish to three sides of half length of each Sample. D. Certificates of Conformance: Issued by a qualified testing and inspecting agency indicating that structural glued-laminated timber complies with requirements in AITC A190.1. E. Research/Evaluation Reports: For structural glued-laminated timber and timber connectors, from 2003 IBC 1.6 QUALITY ASSURANCE A. Manufacturer Qualifications: Provide factory-glued structural units produced by an AITC-or APA-licensed firm. 1. Factory mark each piece of structural glued-laminated timber with AITC Quality Mark or APA-EWS trademark. Place mark on surfaces that will not be exposed in the completed Work. B. 'Quality Standard: Comply with AITC A190.1. 1.7 DELIVERY, STORAGE, AND HANDLING A. · General: Comply with provisions in AITC 111. B. Individually wrap members using plastic-coated paper covering with water-resistant seams. PART 2 -PRODUCTS 2.1 STRUCTURAL GLUED-LAMINATED TIMBER A. General: Provide structural glued-laminated timber that complies with AITC 117 or research/evaluation reports acceptable to authorities having jurisdiction. 1. Provide structural glued-laminated timber made from single species. 2. Provide structural glued-laminated timber made from solid lumber laminations; do not use laminated veneer lumber. 3. Provide structural glued-laminated timber made with wet-use adhesive complying with ASTMD2559. a. Use adhesive that contains no urea-formaldehyde resins. B. Species and Grades for Structural Glued-Laminated Timber: Southern pine that complies with structural properties indicated. C. Species and Grades for Beams and Purlins: GLUE-LAMINATED CONSTRUCTION Huitt-Zollars, Inc. July 5, 2007 '··--· -· ... -· ------ 06180-2 HZ No. 03-0939.04 ·-------------·--·--·_ .. _____ .... ---.. ·----·-·---- City of Fort Worth Rodeo Plaza Streetscape 1. Species and Beam Stress Classification: Southern pine, 24F-1.8E. 2. Lay-up: Balanced. D . Appearance Grade: Architectural, complying with AlTC 110. 1. Use clear wood inserts, of matching grain and color, for filling voids and lrnot holes more than 3/4" inch wide. E. End Sealer: Manufacturer's standard, transparent, colorless wood sealer that is effective · in retarding the transmission of moisture at cross-grain cuts and is compatible with indicated finish. F. Penetrating Sealer: Manufacturer's standard, transparent, penetrating wood sealer that 1s compatible with indicated finish. 2.2 TIMBER CONNECTORS A. General: Unless otherwise indicated, fabricate from the following materials: 1. Structural-steel shapes, plates, and flat bars complying with ASTM A 36/A 36M. 2. Round steel bars complying with ASTM A 575, Grade M 1020. 3. Hot-rolled steel sheet complying with ASTM A 1011/A 101 lM, Structural Steel , Type SS, Grade 33. B. Fabricate beam seats from steel with 3/8-inch bearing plates, 3/4-inch-diameter-by-12-inch- long deformed bar anchors, and 0.239-inch side plates. C. Fabricate beam hangers from steel with 0.179-inch stirrups and 0.239-inch top plates. D. Fabricate hinge connectors from steel with 0.179-inch side plates and 3/4-inch top and bottom plates. E. Fabricate strap ties from steel, 2-1/2 inches wide by 0.179 inch thick. F. Fabricate tie rods from round steel bars with upset threads connected with forged-steel turnbuckles complying with ASTM A 668/ A 668M. G. Provide bolts, 3/4 inch unless otherwise indicated, complying with ASTM A 307, Grade A; nuts complying with ASTM A 563; and, where indicated, flat washers. H. Provide shear plates, 4 inches in diameter, complying with ASTM D 5933. I. Finish steel assemblies and fasteners with rust-inhibitive primer, 2-mil dry film thiclrness. J. Hot-dip galvanize steel assemblies and fasteners after fabrication to comply with ASTM A 123/A 123M or ASTM A 153/A 153M. GLUE-LAMINATED CONSTRUCTION Huitt-Zollars, Inc. July 5, 2007 06180-3 HZ No. 03-0939.04 City of Fort Worth Rodeo Plaza Streetscape 2.3 FABRICATION A. Shop · fabricate for connections to greatest extent possible, including cutting to length and drilling bolt holes. · B . C. D. 2.4 .A. 1. Dress exposed surfaces to remove planing or surfacing marks and to provide a finish equivalent to that produced by machine sanding with No. 120 grit sandpaper. Camber: Fabricate horizontal and inclined members of less than 1: 1 slope with either circular or parabolic camber equal to 1/500 of span. End-Cut Sealing: Immediately after end cutting each member to final length, apply a saturation coat of end sealer to ends and other cross-cut surfaces, keeping surfaces flood coated for not less than 10 minutes. Seal Coat: After fabricating, sanding, and end-coat sealing, apply a heavy saturation coat of penetrating sealer on surfaces of each unit. FACTORY FINISHING Wiped Stain F inish: Manufacturer's standard, dry-appearance, penetrating acrylic stain and sealer; oven dried and resistant to mildew and fungus . 1. Color: As selected by Architect from manufacturer's full range. B. Clear Finish: Manufacturer's standard, two-coat, clear conversion varnish finish; oven dried and resistant to mildew and fungus. PART 3-EXECUTION 3.1 EXAMINATION A. Examine substrates in areas to receive structural glued-laminated timber, with Installer present, for compliance with ·requirements, installation tolerances, and other conditions affecting performance of structural glued-laminated timber. B. Proceed with installation only after unsatisfactory conditions have been corrected. 3.2 INSTALLATION A . General: Erect structural glued-laminated timber true and plumb, and with uniform, close- fitting joints. Provide temporary bracing to maintain lines and levels until permanent supporting members are in place. 1. Lift with padded slings and protect corners with wood blocking. 2 . Install structural glued-laminated timber to comply with Shop Drawings. 3. Install timber connectors as indicated. GLUE-LAMINATED CONSTRUCTION Huitt-Zollars, Inc . July 5, 2007 06180-4 HZ No. 03-0939.04 City of Fort Worth Rodeo Plaza Streetscape B. Framing Built into Masonry: Provide 1/2-inch clearance at tops, sides, and ends of members built into masonry; bevel cut ends 3 inches; and do not embed more than 4 inches unless otherwise indicated. C. Fit structural glued-laminated timber by cutting and restoring exposed surfaces to match specified surfacing and finishing. 1. Predri11 for fasteners using timber connectors as templates. 2. Dress exposed surfaces to remove planning or surfacing marks and to provide a finish equivalent to that produced by machine sanding with No. 120 grit sandpaper. 3. Coat cross cuts with end sealer. 4. Where preservative-treated members must be cut during erection, apply a field-treatment preservative to compiy with A WP A M4. a . Use inorganic boron (SBX) treatment for members not in contact with the ground and continuously protected from liquid water. b. Use copper naphthenate treatment for members in contact with the ground or not continuously protected from liquid water. D. Cutting: Avoid cutting after fabrication. Where field fitting is unavoidable, comply with requirements for shop fabrication. 1. Where preservative-treated members must be cut during erection, apply a field-treatment preservative to comply with A WP A M4. a. Use inorganic boron (SBX) treatment for members not in contact with the ground and continuously protected from liquid water. b. Use copper naphthenate treatment for members in contact with the ground or not continuously protected from liquid water. 3.3 ADJUSTING A. Repair damaged surfaces and finishes after completing erection. Replace damaged structural glued-laminated timber ifrepairs are not approved by Architect. 3 .4 PROTECTION A. Do not remove wrappings on individua11y wrapped members until they no longer serve a useful purpose including protection from weather, sunlight, soiling, and damage from work of other trades. 1. Coordinate wrapping removal with finishing work specified in Division 09. Retain wrapping where it can serve as a painting shield. END OF SECTION 06180 GLUE-LAMINATED CONSTRUCTION Huitt-Zollars, Inc. July 5, 2007 -----·-··•···· ········-·····-··-·-·-···•····-·-······ 06180-5 HZ No. 03-0939.04 ----------·-··------------····-·······----- City of Fort Worth 1.1 QUALTIY ASSURANCE SECTION 06 151 WOOD DECKING SOFFITS A. Standard for Solid-Sawn Wood Decking: AITC 112. 1.2 MATERIALS A. Solid-Sawn Wood Decking: 1. Species: Southern pine. 2. Nominal Size: lx6. 3. Grade: Select(ed). 4. Face Surface: Smooth. 5 . Edge Pattern: Vee grooved. B. Fasteners: Hot-dip galvanized steel. C. Seal Coat: Penetrating sealer. Rodeo Plaza Streetscape D . Stain: Submit available color selections to Architect for final selectin. 1.3 INSTALLATION A. Lay-Up: Two-span continuous. WOOD DECKING SOFFITS Huitt-Zollars, Inc. END OF SECTION 06151 July 5, 2007 ---.......•.. ··--·--·-· -······ ....... ··-··· --··· ·-· . ·-·-------~-------·---· ....• 06151-1 HZ No. 03-0939.04 ---·----------·-·---------·-·--- City of Fort Worth PART 1 -GENERAL 1.1 RELATED DOCUMENTS SECTION 06150 WOOD DECKING Rodeo Plaza Streetscape A. Drawings and general provisions of the Contract, including General and Supplementary Conditions and Division 1 Specification Sections, apply to this Section. L2 SUMMARY A. Section Includes: 1. Solid-sawn wood roof decking. B. Related Sections: 1. Divisfon 6 Section "Rough Carpenfry" for dimens ion lumoer items associated with wood deckirig. 1.3 SUBMITT ALS A. Product Data: For each type of product indicated. B. Samples: 24 inches long, showing the .range of variation to be expected in appearance of wood decking. 1.4 QUALITY ASSURANCE A. Standard for Solid-Sawn Wood Decking: Comply with AITC 112. 1.5 DELIVERY, STORAGE, AND HANDLING A. Schedule delivery of wood decking to avoid extended on-site storage and to avoid delaying the Work. B. Store materials under cover and protected from weather and contact with damp or wet surfaces. Provide for air circulation within and around stacks and under temporary coverings. Stack wood decking with surfaces that are to be exposed in the final Work protected from exposure to sunlight. WOOD DECKING Huitt-Zollars, Inc . July 5, 2007 06150-1 HZ No. 03-0939.04 ----·-··· ·-. ·-·-···------···--------·-·----··-····-----·· --·-·-··-- City of Fort Worth Rodeo Plaza Streetscape PART 2 -PRODUCTS 2.1 WOOD DECKING, GENERAL A. General: Comply with DOC PS 20 and with applicable grading rules of inspection agencies certified by ALSC's Board of Review.· B. Moisture Content: Provide wood decking with 15 percent maximum moisture content at time of dressing. 2.2 A. B. C . D. SOLID-SAWN WOOD DECKING Decking Species: Southern pine . Decking Nominal Size: 2x6. Decking Grade: Select( ed) Decking. Decking Grade: Select Decking. E. Grade Stamps: Factory mark each item with grade stamp of grading agency. Apply grade stamp to surfaces that will not be exposed to view. F. Face Surface: Smooth. G. Edge Pattern: Vee grooved. 2.3 ACCESSORY MATERIALS A. Fasteners for Solid-Sawn Decking: Provide fastener size and type complying with decking standard for thickness of deck used. B. Nails: Common; complying with ASTM F 1667, Type I, Style 10. C. Spikes: Round; complying with ASTM F 1667, Type III, Style 3. D. Fastener Material: Hot-dip galvanized steel. E. Bolts for Anchoring Decking to Walls: Carbon steel; complying with ASTM A 307 with · ASTM A 563/ A 563M hex nuts and, where indicated, flat washers, all hot-dip zinc coated. F. Sealant: Elastomeric joint sealant complying with requirements in .Division 7 Section "Joint Sealants" for Use NT (nontraffic) and fo r Uses M, G, A, and, as applicable to joint substrates indicated, 0 joint substrates. I. Use sealant that has a VOC content of 250 g/L or less when calculated according to 40 CFR 59, Subpart D (EPA Method 24). WOOD DECKING Huitt-Zollars, Inc. July 5, 2007 06150-2 HZ No. 03-0939.04 ········--··-··------ City of Fort Worth Rodeo Plaza Streetscape G . Penetrating Sealer: Clear sanding sealer complying with Division 9 Section "Wood Stains and Transparent Finishes" and compatible with topcoats specified for use over it. 2.4 FABRICATION A. Predrill decking for lateral spiking to adjacent units to comply with referenced decking standard. B. Seal Coat: After fabricating and surfacing decking, apply a saturation coat of penetrating sealer in fabrication shop. PART 3 -EXECUTION 3.1 EXAMINATION A. Examine walls and support framing in areas to receive wood decking for compliance with installation tolerances and other conditions affecting performance of wood decking. B . Proceed with installation only after unsatisfactory conditions have been corrected. 3 .2 INST ALLA TI ON A . Install solid-sawn wood decking to comply with referenced decking standard. 1. Locate end joints for two-span continuous lay-up . B. Anchor wood roof decking, where supported on walls, with bolts as indicated. C. Apply joint sealant to seal roof decking at exterior walls at the following locations: 1. Between decking and supports located at exterior walls. 2 . Between decking and exterior walls that butt against underside of decking. 3. Between tongues and grooves of decking over exterior walls and supports at exterior walls . 3.3 ADJUSTING A. Repair damaged surfaces and finishes after completing erection. Replace damaged decking if repairs are not approved by Architect. WOOD DECKING Huitt-Zollars, Inc . July 5, 2007 06150-3 . HZ No. 03-0939.04 ---------···-···· ---· ·-··--····--···---- City of Fort Worth Rodeo Plaza Streetscape 3 .4 PROTECTION A. Provide temporary waterproof covering as the Work progresses to protect roof decking until roofing is applied. WOOD DECKING Huitt-Zollars, Inc . END OF SECTION 06150 July 5, 2007 06150-4 HZ No. 03-0939.04 ·,o WELD PLATE 4"X4"Xf-- • st ' I'} -I -- • st ' I'} -I -.... 'st ' I'} -I -- • st ' I') -- JS" PREMOLDED JOINT FILLER PAVING SEE STRUCTURAL DETAIL 6/S100 4, ~· 'LJ e -· .:a ··e · SCALE: 3/4" = 1'-0" 2" HORIZONTAL STEEL RAILING 2-1 /2" STEEL VERTICAL POSTS " 101'-4" $ -(2) n" NELSON STUD 4" LONG ( FENCE DETAIL ) DATE: 07-05-07 HUITT-zoLJARS tt.ilt-Zolara, nc. Englr---.g / Arc:Nteet\re 500 W. 71h 8l ste. 300 Fon Wor1h, Texas 76102 Phone(~ . Fu (817)335-1>25 FoRTWoRTII ~ RODEO PLAZA STREETSCAPE STREETSCAPE, ARENA. & PAVILLION UPGRADE RODEO PLAZA &: E. EXCHANGE AVf.. FT. WORTH, TEXAS DRAWN: PCL DESIGNED: DWC CHECKED: WBH PROJ. NO. 03-0939.04 SHEET: ASK-1 ""' ~ ""' ""' ""' ""' ""' ""' ""' I ""' I ""' ""' ""' ""' ~I iJ ~ ==1 ~ -~[i]µc__ w 1-w er u 7 I ~ I RENOVA.la) AA(NA ---------~ / / EXISTING GAZEBO TO RO,UJN ------1 ENL AR GED ELECT. SITE PLAN-BAS E BID £'111 SCAl..£: ,· • 10.0' Pl.AH NORTH ELEC1R ICAL NOTES BY SYMBOL Q NOTE OESCf1iPT10N (8) l fS. (4) flO. 11 0 CN:>-1.t,•c (SlfflNG UGt1TS NiO ftEC[P TACU: CIRCUITS) 2. (8) f8. (l) ,,a, 110 GN0-1x·c (Sm~c LIQ{TS ~ R(C(PTACU: CRCUITS) J. (7) 18, (2) f10, 110 CJ.10-l)l,'C (STRNC LIGHTS AND REC(PTA(l.£ CIRCUITS) 4. HOT USED ON THIS SHEET 5,. NOT USED ON nns SHEET NOT USED ON THIS SHEET 7. (7) f{j. (l} 110, #10 GHO-t.ll,"C (SlRINC UGHT5 AND RECEPTACU: CIROJ!TS) 8. NOT USED ON TM!S SHEET NOT usro ON 1111S SHE[T 10. (10) f8, #10 CHO-I 1/4"C (GAZEBO UCHTINC ANO RECCPTAa.E CftCUITS) (10) ,a. '10 CHD-1 1/4"C (AA£NA/ARCAOE UQffl/tC ANO RECEJ>TACl£ CIRCUITS) 12. (4) #10, #10 CNO-rc (POLE UQfJlNG CIROJIT AHO RECEPTAQ.£ CIRO.Ill) 13. (3) flO, f lO CNO-l"C (POL[ UGITINC CIRCVIT) (2) ~. f 10 GND-l"C (SOU'ftt CA'IEWAY U(;HTINC aRCUlf) 15. 12· X 1a· X 12· F18ERCl..ASS .UNCTION aox MTH S1£EL COVER f'LUSH 1111TH FlNJSHED GRADE OR PA\'ERS 16. EXISTING flX'NRES TO 8( RCORCUllED "5 SH~ FOft BASE BIO. &. 17. COOROIN.-. TE AOOlllONAJ. UG'HTINC RCOUIRCMEtHS WITH ARTIST. GE NERAL ELE C1R IC AL NOTES NOTE 0£SOUPTION 1H£ CONlROL Of' THE POLE AM) STRING UCHT'S. OffCUITED AS 'RP-1,J', 'RP-1Y, 'RP-1~'. 'RP-1Y, 'RP-lSI', 'RP-21', 'RP-23', 'RP-2.4', "RP-14', 'RP-16', 'RP.:..1e·, 'RP-:20', 'RP-1:2', ANO 'RP-:24' SHAU. BE 8Y i.lEANS c:#' TH[ PROGftAWI.I Aal..[ 8REAK£RS IN PANO. 'RP' "'1TI-I THE INPUTS c:#' PHOTO C£U. "ON" ANO TIMER "OFr. "OfF" TIME SHALL BC AS OREClED 8Y O'ANER. ~m w ~41 =it , I u ,-.. ~ w ~ ~ (_) en ~~ !-w gt; w a:: ~,. 0 !-.,.;s al en i~ bl ~ ~~~ < a, Cl... ..;;:slo' I ~~~ ~ 0 w 881:l a.. 0 I!:! 0 !;;~t;: a:: li5 §~ '"' <.> ci § t ~ & i5 '-' !)ATE, 04-04-07 ORAVIN 8'1': ... DESICNED 8'1": HOA OtE()(ED 8'1': SPP PROJ. NO. 03-0lllll...Q.4 SHEET, E11 2 . "" ,~._______,.___,_~ "" "" "" ~----.(3) f1 0. f\0 OHO-INSTAULD IN B EXISllNC CONDUIT. 1• PVC SHALL RP-1,J 8E USED 'flH£1lE N£'W CONDUIT IS NECESSARY. "" "" "" ~ I "" "". l =·-· J ""I "" "" "" ~l~-,.J~ ~ :=! ~ -~[i]IL--- I::' I I I I I I I I I I I DF---""llli'--............ -.,...."liF--"""lllF--~LJill. I I .......... -.......... " RP-2,4 AlTtflNAT[ I SEE A101 HOTE 4 . RP-2.4 D ELECTRICAL NOTES BY SYMBOL Q HOTE OESCRIPTIOH (e) ,0. (4) 110. 110 CN0-11.·c {SJRl,fQ UCHTS AND ftECEPTAa.£ OflOJITS) 2. (8) f&, (J) 110, 110 GH0-1)1."C {STRIHC UCHTS AND RECrPTAa.E Cl'tCUITS) l. (7} f&, (2) #1 0, 110 GH0-1>.i"C (STRf.lC UQHS AND RECEPTAa.E ORD.ITS) 4. MOT V5[l) ON 'M'S SH££T 5. NOT USED ON THIS SHEET II. NOT usro ON THIS SKEET (1) ,a, (J) f\O, 110 CNC>-t>l,'C (SlRINC UCHTS AND RECEPT.-.a.£ ORWTS) l!I. MOT USED OH THIS SHEET O. NOT USED ON THIS SHEET 10. (10) ,a. 11 0 GN0-1 1/4"C (CAZEBO UGHTINC AhC REa:PTAa.E OROJITS} (10) ,e, f1 0 Ct«>-1 1/4"C (AROIA/ARCAOE UCHTINC ANO REC[PTAQ.£ CIRCUITS) 12. (4) f lO, f lO GNO-l"C (POU UCHTINC ORCUIT ANO RECEPTAa..t ORO.II'!) 13. (J) f 10. f 10 GHO-l"C (POLE UCHTlHC ORCUl'I} (2) If,, f1 0 CNO-\"C (SOUlH CA.l£WAY UCHTlHC ORCUl1) 15. ,r X 1e· X ,r Fl8ERQ.ASS .JI.IHCTION BOX '1111 TH STEEi. COVER rtVSH W.TH .&. U!i. ~:A:~:a::~TINC REOJ1RD1Df1S 'fltlH ARTIST. ....--,=~~---------------~ """" ~ .------------, "" "" "" GENERAL ELECTRICAL NOTES HOit TH( CONTROL CY! THE POL£ AHO STRINC UCHTS,, CIROJITED AS 'RP-1,3', 'RP-13', 'RP-1~·. 'Rf>-1T, 'RP -19'. 'RP-2.1', 'RP-2.l'. 'RP-2.4', 'RP-1 4', 'RP-11!1', 'RP-18', 'RP-20', 'RP-22', AHO 'RP-24' SHAU. BE BY t.lEANS OF TH[ PROCRAWMA8LE BREAKERS IN PANEl 'RP' '111TH TH[ NPUTS OF PHOTO CEl.L •ON• ANO TIMER •o,:r, •o,:r TIME SHAU. 8E AS DIRECTED B'f O~ER. w a:: u 7 ~~\~~\~~\~~\~~~__,.'"1-~~~~~...-'~"'-~~~~~~~-'<~~~~~~~~-...-.~~"" ENLARGED ELECT. SITE PLAN '-ALT. I II 0 11.1 $CAL(!,·• 10.cl' DRA~l!I~ JC OESIQolED BY= HO A Oifa((D BY: SPP PROJ. NO. 03-0llJi-04 Sli_EE:T: E112.1 ~'" N~lr'"") -~-~~~ GENERAL ELECTR !CAL NOTES 1)([ CCWTROL OF THE POLE AHO Snt!HC UQUS, CIRCUITED AS 'RP-1,J'. 'RP-1)', 'RP-15'. 'RP-17', 'RP-19', 'RP-21°. 'R9-2J', 'RP-2.4', 'RP-14', V-16', 'RP-18', 'RP-lo', 'RP-22'. ANO 'RP-24' S1iAU. BE BY MEANS OF TH£ PROCRIJ.IMAIIU BRUJCOtS IN PAHEL 'RP' 'Ml'H lH( IHf"VTS OF PHOTO CElJ.. •o,,r A.HO TIMER "Off"". ( :.A LU ENLARGED ELECTRICAL SITE PLAN :-., l-®c'"'c--, -1--c"""'=."c,.c-."',"'•a='-=====-==:....c.-=-=.. ELECTRICAL NOTES BY SYMBOL Q MOT USED OH lHIS SHErt 2.. NOT USED OH THIS SHEO 3. HOT USED OH THIS SHEET 4. {7) ,e.. 110 Qol0-1:11."C (STRING UCtil'S ANO RECEPTAa.£ CIRCUITS) 5. (5} A #10 GNO-t"C (STRING UCHTS ANO RCCU'TAC:U: CIRCUITS) ti. (4) A f10 Qi0-1"C (STRING UCHTS AHO RtctPT"°-1: CIRCUITS) NOT USED OH Tl11S SHEET a. (6) A 110 QO-t'C (STRING I..ICMTS ANO RCCCPTAQ.C CIRO.ITS) SI. (2) A 110 CJ,I0-1•c (STRING U~T QRO.JIT) 10. NOT USED OH THIS SHUT NOT USED OH THIS SHEET 12. NOT USO) OM THIS SH([l 1l. (l) f lO, f1 0 GND-l "C (POLE UQHING ORaJIT) 14. (2) ff,. flO GNO-l "C (SOUlM GAT£WAY UCtlltHG CIRCUIT) 15. 12" X 18" X 12" Fl8£RCU.SS .IJNCTION BOX 'MTH STEEL CO..-ER Fl.lJSH WITH ANISHED GRAllC OR PA\/ERS I /. / -" "' ci % :5 a.. ~ !i5 <l u r.; u ci § :5 GS '--- ORA ... 8'1': OESIQED BY! OiEQ([O BY: '""'NO. SHEEl',. ,: ..,. ""' Ql-09J!iH)4 . E1.1-3 PANEL RP .. l~~~i~a;!:~ ~~E..~~~~-~;--• ~iAMP MCB 101KAIC 0CSTRl8VTION PANEL CONNECTED LOAD PHASE A KVA 2ii" ,-····· TOTAi. CONNECTED KVA, •••• se ~ .. ESTNA.tto ofMAND KVA' S7 .• ES_T~TEO_CIE~ll""!'S~ . ;~~}~~-;t:::j;j_·:~-- 0:0THERMICAU Y 'fltl.D f4 Cfl:OUND 'lltRE TO A J/4" X 10" COPPERa..AOORl~CffO..JNO ROO. SEE DETAIL 1/(60\ N<fO Sf>E:Cl'lCATIONS..-----1 '\, I I I :----"---: I ~.J I l 400A MCB I I I INEW I (XISllNC :,~ : ~~~~= OF I I L.. ______ _, ,r----(.l) 12. ,e CN0-1 1/4"C ,1,-----(4) #l/Q. f4 GH0-2 1/2°C ,l,,~--~ae-7,921 AMPS MAXllilUM NEW PRDGRAMMA8..£ TYPE 208Y/120 YCI.T, .la, 4-lljlR'f PN<fa "RP" ONE -LINE DIAGRAM A 1T FlJJltD ·snUJNK" BURGUNDY PQ.( YlfJM OECORATI..-£ Cl.AM SliEU 8...SC. GLASS ~ OROP WlitlH.uR( WIT\ol O([P D(CORAnVC SKRT AHO MOONllt,IC PRCMSIONS FOR TYPE 'C" SlRINC UCH1S LIGHT FIXTURE SCHEDULE MANl.lf'ACTURER HCl..a'HAHE: Pa.£ ISL-5-1700-D2-PO BASE f:Sl.-NY17-CA-CS8-T5-02 8~ ARMS (•2) ,S..-8A-24-A-1.00-T5-D2 EYEBCl.TPLATl'.,SU:'rEDOLn.502 '1.ACPU.[ HO...OOt ,sl.FPH1!50'1,o2 AUX. ~AHMEL*REOCITfSl..AIJX'MRtT502 FOOURE ICRP-175WH-20-A-5-0S (BURCUHOY) ARM ,si..5-CAM-48/1-02 (BVRCUHOY) l.n'E1.Jt-lC FIT1UI ICM.f-200-RC#i-AS (8URCUNOY) NO SU8STl11JTIONS R!'.MAAKS PR0"10E, SY UEANS CF Al~ AOOITIOHAL lHREAOCtl OPCHINC 'MlH A MATCtilNC f>UJC.. PR0\1SIONS FOR RAISINC n;E ARM/rlXTUA[ HOGHT BY 2· fllOM 'MiCRE IT JS QJRll(NTLY ~-PROVIDE IIIHIMUM Of" J° EXlRA CONDUCTOR LDIC'IH AT BAS( OF POL£ f"OR PRO\'ISIONS TO RAIS£ lHE flXT\ME HEIGHT. SEE DRAWING E600 FOR OETAILS. CONT11ACTOR SHAU 'v0t1N AU. EOUIPMOff/PART NUMBERS WITH W~ACT\,111[1' ANO AROillECT PRIOR TO Pl.ACING ANY OFU)O[IS.. -L--.N I,\ e-~-+===~===--h~=~+==-----------l-"~"°"c'""':..,"'--="=-'.,,"",_""-'_'"_'_"""_'_'_'_"'_'_"-i Al ~~~Gf ... O~~r!'6'.i ~b!i5 H~~ ~~~-1700-02-PO ~r.r:J~r~ PENDANT LIGHT BY ARTIST 8 81 C D F Fl G H v.lTH A LARGE wtlU IN US( BASE ISL-NYl7-CA-CS8-TS-02 aaow. CO'.£R W:OUNTEO IN POl..[ BANt,,{ER ARMS (x2.} ,sL-BA-24-A-1.00-T5-02 EYEBa..T Pl.Alt IS(E'ltBOLTT502 Fl.AGPaLHCl..0£ft ,s.Fl'ttl~T,o2 AUX. OlAHHO.. 'MR£ ElOT ,:SV.UnAAET,02 FlXTlJRE ,cRP-17:!IWH-20-A-5 (BURGUNDY) AAW ,SU-CAM-48/1-02 (BUflCUNOY) I.E\fl.lHC FlTIER IG\fr,l.f-200-RCA-AS (BL.IICUNOl') U0 OIJTt£T ISU)UTlTOJ122002 NO SIJ8STITUTICriS PRISI.IAnC Cl.ASS ~ FlXlURE (1) 1DO WATT ON A TAPERED ,fl.UTEO CAST METAL HALJt'.lE HCX.a>HANE MOUNT AT LOCATIONS NDICATEO OH 'THE DRAWINCS AU HJ INU W POL£, W.TH A OECORATI-.£ BASE: rumJR:E IG"-100MH-MT-f'-A-e-N-N-O POLE IZ-HY-9C17-CA-csH (8URCUNOY) NO SUBSTIT\JTIONS Sit.al.AR 10 TYPE B EXCEPT WTH (1) 100 WATT WEA1H£Rf'ROOF lcrCI RECEPTAO.E METAL HALJD( HOI.OPkAN[ WOJHf AT LOCATIONS INOICAltO ON THE \fl\TH " LAACE 'Mil.£ IN use C0\9 MOUN~ IN POl..[ t.AIU<IU'I UC11,::., .. ,NC 'MTH eo WATT MEOILM BASE INCAHOEstOlf LAMPS ON 12" C(NTO<S [NQ.OSED ALUMINUM LOW BAY Wini Ol.JAR12 RESTRKE ''"'" SlWILAR TO TYPE f' EXCEPT Wini A TIQ{l SPOT OIS11tlflUTlON AND 120YOL.TBALLAST CCMPACT, HEAVl' DUTY, YOKE MOONT[D WINI F'LOOO LICHT nxTVRE ~V-lOOWt-Mf-r-A-&-N-H-0 DRAWIMCS. RECEPfAO.E SHALL ee: ORICNTEO POLE ,Z-NT-VC17-CA-CSH-f'CIUL-SNYH (BORCUNOY) ON POU: AS SHOMII ON THE: ORA'MNCS. NO SUBSTITVTIONS eo WATT CEl..e:SllAl UGHTINC Mroll.M BASE r.m-12 INCANOE:SCEHTS OR APPRO-.n> EOUAl. (I) 250 WMH .... {1) 100 WATT OUAATZ LAMP (I) 70 WATT Me:TAL.. HM.JOE (1) 100 WATT METAL HAU)[ LITHONIA ffX-250M-AJ0-2011-0AS OR APPRO\ot'.O EOUAL UT><OH~ P,SW1-70M-Cl-208-I.Pt-00B1 • OR APPROVED EOUAL '""""'' p,s,n-7!:Xil-SP-120-LPI-OOBT OR APPR0\1)) EOUAL UlliONlA #Ni-100M-8l,jB-120-'M.J> OR APPROVED EOUAL "'"°"~ ll'f'M-175M-R9-20&--I.PI--YK OR APPRO'f(D EQUAL (1) 100 WA TT UlliONIA METAL HAI.IX ~-100W-12f'W-ftf..-208 OR A.PF>ffO\ot'.O EQU AL (I) 1S!I WATI V . . MOUtH AT 16'-6" ON NEW 1'rP£ 'A' AHO 'Al' LICHT PO.£S. FlNISHED STRINWC>IT ASSOl8l Y SHALL BE A UJNJMUM Of' 14' A.F'.0. AT LO'lo£ST POINT, SUSPEHOCD ON MESSCNG(A PEA 1/t:600. PR0\11)[ CAL..CIJLATIONS SHO'MNC THAT TH£ F'lNAL SAG AT TI< U)\1£ST POINT 'MU. NOT BE BElOW 14' AF.C. MOUflT 10 BOTTOM OF PURUNS AT LOCATIONS INOICATEO ON ORAWINCS MOUNT UNDER SOfflT AS INDICATEO ON DftA'fl\NCS. SEE AROIITECT\IRAL filVAnOHs ON SHEET AJ04 f'OR WOUNTlNC HEIGHT MOUNf UNOER SOfllT AS INDICATED ON ORA\IIINCS. SEE AAOi!TECTVRAl filVATIONS Oti SHEET A30e f'OR WOUNllNC H[JCHT WOIJNT RECCSS[O IN SOFFlT AT LOCATIONS INOICATEO OH DRAWINGS MOUNT Al 2fl-o· >..r.c. AT LOCATlONS INDICATEO ON OFIAIWlCS MOUNT REctSSEO IN SOFFTT AT LOCATIONS INOICATED OH ORAWNCS "'\..-....---J. ~g,;1~~~ ~ A~\g: Mcm1cAL LO~HC PURPOSES ONLY. IF Pe:HOAHT UCHTS AA[ fflTAU.ED. THE POUtS N<fO rouNOAT10NS OESIGMED f'OR TW( A Ali!> At SHAU. NOT BE USED. REl'tR TO SHEET S1 PROYIOEO BY SURENDRN<f CONSULTANTS FOR OCSIGN AND A A lHSTAU..AllON Of' TH[ PCNOAHT UCHrs. DA1" 0<-0<-07 ORA'IIH BY: HOA OESGHED BY: "'" CJiECXEO BY: PROJ. HO. QJ-~J9-(M SHEET: E800 FORT WORTH ~ CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 1 FORT WORTH STOCKYARDS Streetscape, Arena Cover and Gazebo Rodeo Plaza Renovation Request for Proposals Submittal Date : July 19, 2007 (CHANGE) The Request for Proposals for the above project is hereby rev ised and amended as follows : The Pre-Submittal Conference was held at 11 :00 AM , June 26, 2007 . The following attended : City of Fort Worth : Dalton Murayama Architectural Services Manager 817 -392-8088 817-392-8488 Fax Alfonso Meza Architect 817-392 -827 4 817-392-8488 Fax Jack Durham Senior Construction Mgr 817-392-8072 817-392-8488 Fax Mike Milam Construction Mgr 817-392-2297 817-392 -84 88 Fax Architect: Bill Hoelscher Huitt-Zollars , Inc . 817-335 -3000 817-335-1025 Fax Dustin Chappell Huitt-Zollars, Inc. 817-335-3000 817-335-1025 Fax Contractors : John Burnett Alpha Building Corp . 817-244-6777 Trent Hirth Hasen Construction Services 817 -877-1144 817-877-1149 Fax Jerry Moody Prime Construction Co. 817-572-5550 817-572-6354 Fax Ken Binkley MKBinkley Construction 817-572-0015 817-478 -0937 Fax Drew Herman Frymire Co . 817-336 -4514 817-870-9155 Fax Ed Krum 3i Construction 214-231-0675 214-231 -0672 Fax John Seymore Unit Structures 817-477-1205 817-477-1206 Fax Acknowledge the receipt of this Addendum No. 1 on your Proposal. ROBERT GOODE, PE DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPT By : RELEASE DATE : June 28 , 2007 Rodeo Plaza Renovat ion June 2007 Dalton Murayama Architectural Services Manager 817-392-8088 , FAX 817-392-8488 Page 1 of 1 NOTICE TO OFFERORS Proposals for the Renovation of Rodeo Plaza located in the Stockyards between Exchange Avenue and Stockyards Boulevard in Fort Worth , will be rece ived at the Purchas i ng Office , City of Fort Worth , 1000 Throckmorton, Fort Worth , 76107, until 1 :30 P .M., Thursday, July 12, 2007, and will be opened and publicly read aloud approx imately thirty minutes later in the Council Chambers . After evaluating the Proposals subm itted , the City shall select the Offerer tha t offers the best value to the City and enter into negotiations with that Offerer. The City may discuss w ith the selected Offeror opt ions for a scope or t ime modification and any price change associated with such modification . A Pre-Bid Conference will be held at 11 :00 A.M., Tuesday, June 26, 2007 at the Stockyards at the Texas Cowboy Hall of Fame Museum on 128 East Exchange Avenue in Fort Worth. Estimated construction cost is $350 ,000 for the base bid . There are also two Alternates . MWBE participation will be evaluated in awarding this Contract. Contact the MWBE office (871-6104) to obtain lists of certified subcontractors and suppliers . The MWBE participation requ irement is 12%. Offerers must sub mit Utilization Plan w ithin 5 bus iness days of subm itting their Best Value Proposal. Failure to document proposed atta inment will remove the Proposal from further consideration . Contact the M/WBE Office at 817-392-6104 to obtain list of certified subcontractors and suppliers . Offerers must submit a bid bond with fheir proposal. Offerer to wf\om an awara of contract is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage . If you intend to submit a proposal, inform the Project Manager who can then inform interested subcontractors . General Contractors and Suppliers may make copies of the Project Manual and Plans through the ir printer. The bidding documents may be viewed and printed on -line . Bid documents are not available at the City . The bidding documents may be viewed and printed on -line by logging on to https ://projectpoint.buzzsaw.com/fortworthgov with the user name "Cowtown ", password "Cowtown2004 ", ''TPW Projects ". Contact the Project Manager, Alfonso Meza , at (817) 392-8274 or Email alfonso .meza@fortworthgov.o rg for assistance . For additional info r mation contact William Hoelscher, Huitt-Zollars , Inc., at (817) 335-3000 or Email whoelscher@huitt-zolla rs.com . Advertisement: June 14 , 2007 June 21 , 2007 Ro deo Pl aza Re novat ion Jun e 2 00 7 TABLE OF CONTENTS NOTICE TO BIDDERS TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTION FOR BIDDERS (M/WBE) PROPOSAL GENERAL CONDITIONS WAGES RATES WEATHER TABLE CONTRACT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW Rodeo Plaza Renovation June 2007 INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS : The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals : • 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. If the Offeror is a corporation , the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted (5% of the total of both fire stations if the Offeror is submitting proposals for both fire stations). In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law ; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied-States secretary of the treasury-to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein . 1A. SELECTION OF CONTRACTOR : The Best Value selection will be with one contractor for both fire stations or one contractor for each stat ion, at the City's option . The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed price (60%) 2. Proposed level of MWBE participation (10%) 3. Proposed project schedule (10%) 4. Reputation/experience of the Offeror as demonstrated by past project work and the report of references ( 10%) 5. Offeror's past relationship with the City. (10%) **NOTE**: If the Offeror does not have previous work experience with the City , then the reputation evaluation criterion will represent 20% of the overall score After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected Offeror. The City and its arch itect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification . Rodeo Plaza Renovation June 2007 2. 3. 4 . If the City is unable to negotiate a contract with the selected Offeror, the City shall , formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected . MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL) All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority and Women Business Enterprises (M/WBE) in the procurement of services with a fee of $25 ,000 or more by establishing an M/WBE goal. Within five (5) City business days from proposal submittal date, exclusive of the proposal submittal date, all Offerors will be required to submit information concerning the M/WBE(s) that will participate in the contract. The M/WBE goal is 12%. The information shall include : (1) the name, address and telephone number of each M/WBE ; (2) the description of the work to be performed by each M/WBE; and (3) the approximate dollar amount/percentage of the participation . The M/WBE firm(s) must be located or doing business in the City's geographic market area that include the following nine (9) counties: Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division prior to recommendation for award being made by the City Council. If you will not have any M/WBE participation during this contract , then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation . Failure to submit the M/WBE participation information or the detailed explanation of the Offeror's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may Render the proposal non-responsive . The plan will be part of the final weighted selection criteria . 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 [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids, unless the Bidder agrees to an extension. The surety must be licensed to do business in the state of Texas . 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 Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law ; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and Rodeo Plaza Renov ation June 2007 is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations perm itted or required under federal law . Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City , in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that 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 satisfactory 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. PRE-BID SITE INVESTIGATION : Prior to filing a response, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself 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 response by the bidder shall be considered evidence that it has complied with these requirements . 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES : Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. 8. POST BID -PREAWARD SUBMITTALS: Offerors are required to submit the following information to the Architectural Services Section, Building Services Division, 319 West 10th Street , 817-871-8274, within five business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements : Minority/Women's Business Documentation (for bids in excess of $25 ,000) Contractors Qualification Statement (AIA Form A305) Proposed Subcontractors and Suppliers Project Schedule Proof of insurability for Statutory Workers Compensation Insurance 9. 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 . 10 . DISCREPANCIES AND ADDENDA: Rodeo Plaza Renovat ion June 2007 Should a Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once . If required, the City will then prepare a written addendum that will be available to all Offerors at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Offerors . The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed bids. Oral instructions or decisions unless confirmed by written 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. Offeror 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. 11 . WORKERS COMPENSATION INSURANCE : Offerors 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 12. 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. 13. 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. -14 . UTILITIES AND rMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the base bid . The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap . 15 . BID DOCUMENTS: Hard copies of bidding documents may be obtained directly from printers or downloaded and printed by the Offeror. 16 . MANUFACTURER'S REFERENCE : Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered . Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions . Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also refer to specification section O 1630 Product Options and Substitutions. 17 . TESTING SERVICES: The City shall provide for , independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work . 18 . PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will , at the minimum, include the following : quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. Rodeo Plaza Renovation June 2007 PROPOSAL (Revised) TO : MR. CHARLES BOSWELL CITY MANAGER CITY OF FORT WORTH , TEXAS FOR : Rodeo Plaza Renovation The Stockyards Between Exchange Avenue and Stockyards Boulevard Fort Worth , Texas Project No . TPW2007-24 Pursuant to the foregoing "Instructions to Offerors ," 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 acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum , to wit: DESCRIPTION OF ITEMS ~ Base Bid .fl Lf >'+> 01 i,' ,; Completion within hO calendar days After date of Notice to Proceed Alternate No . 1 (New Riding Arena Cover/Arcade v .., & Demolish Existing Gazebo) '1 '1 0 , t..( SJ, (Cost to Demolish Existing Gazebo , included above ' IO, Do D ') Alternate No . 2 (New Gazebo & Demolish Existing Gazebo) f I 3 9, )-I 1S' (Cost to Demolish Existing Gazebo , included above I I ~<3, Lil'{') Section 01270 , Unit Prices , Part 3 -Execution in Addendum No. 2 , list of unit prices: I Light Pole Type A 's (Not installed) ;). q I l. Light Pole Type B's (Not installed) ~ ?> I 1 $ ' Coffin Style Pipe Bollard (Installed) ' I Sm .., lo / ()(ft. .,. Antique Style Pipe Bollard (Installed) ___ _ Rodeo Plaza Renovation June 2007 (Revised in Addendum No. 4 , July 25, 2007) t ( / < Piers ..... 18" diameter additional per foot __ ,_-> __ ..... 18" diameter credit per foot I 0 Light Pole Type A's and B's Foundation j O {) Molly Sconce (South Gateway) The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed . A Project Schedule will be submitted as required in the Instructions to Offeror 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 Offerors : The 1985 Session of the Texas Legislature passed house Bil l 620 re lative to the award of contracts to non-resident bidders . The law provides that , in order to be awa rded 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 principa l place of business is loca ted . 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 sta te or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B . A . B. U Non -resident vendors in (give state), our principal place of business , are required to be __ pe rcent lower than res ident bidders by state law. U Non-resident vendors in (give state), are not requ ired to underbid resident bidders. M Our principal place of business or corporate offices are in the ~te of Texas. Within ten (10) days of receipt of not ice of acceptance of this bid , the successfu l bidder will execute the forma l contract and will deliver approved Performance and Payment Bonds for the faithful performance of this co ntact. 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 Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth , as liquidated damages for delay and additiona l work caused thereby . MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25 ,000) I am aware that I must submit information the Director , Transportation and Public Works , concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE . Rodeo Pl aza Renova ti on June 200 7 (R ev ised in A dd endum No . 4 , Jul y 25 , 200 7) Respectfully submitted , By : David Hasenzahl President/Owner Pr inted Name of Pr incipa l Title 2501 Parkview Drive Suite 400 Address : Street Fort Worth City 817-877-1144 Phone: ----------- Fax : 817-877-1149 Receipt is acknow ledged of the follow ing addenda : Addendum No . 1 :__:j__ Addendum No . 2:_J__ AddendumNo .3 X Addendum No . 4 / Addendum No . 5 __ _ Rodeo Plaza Renovation June 2007 (Revised in Addendum No . 4 , Ju ly 25 , 2007) 76102 Z ip FORT WORTH ·--..., . . ··-City of Fort Worth Minority and Women Business Enterprise Specifications SPECIAL INSTRUCTIONS FOR BIDDERS APPLICATION OF POLICY If the total dollar value of the contract is $25,000 or more, the M/WBE goal is applicable. If the total dollar value of the contract is less than $25 ,000 , the M/WBE oal is not a licable . POLICY STATEMENT It is the policy of the City of Fort Worth to ensure the full and equitable participation by Minority and Women Business Enterprises (M/WBE) in the procurement of all goods and services to the City on a contractual basis . All requirements and regulations stated in the City's current Minority and Women Business Enterprise Ordinance apply to this bid. M/WBE PROJECT GOALS The City's MM/BE goal on this project is \ 2-% of the total bid (Base bid applies to Parks and Community Services). COMPLIANCE TO BID SPECIFICATIONS On City contracts of $25 ,000 or more , bidders are required to comply with the intent of the City's M/WBE Ordinance by either of the following : 1. Meet or exceed the above stated M/WBE goal, or 2. Good Faith Effort documentation, or; -3. Waiver documentation, or; 4. Joint Venture. 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 . 'fhe Offemr shall deliver the MWBE documentation in person to the appropriate employee of the managing department and obtain a date/time receipt Such receipt shaH be evidence that !he City received the documentation in the time aHocated. A faxed copy will not be acct:1pted. 1. Subcontractor Utilization Form , if goal is met or exceeded: 2. Good Faith Effort and Subcontractor Utilization Form , if participation is less than stated oal : 3. Good Faith Effort and Subcontractor Utilization Form , if no M/WBE artici ation : 4. Prime Contractor Waiver Form, if you will erform all subcontractin /su lier work: 5. Joint Venture Form , if utilize a joint venture to met or exceed oal. received by 5:00 p .m ., five (5) City business days after the bid o enin date , exclusive of the bid o enin date. received by 5:00 p .m., five (5) City business days after the bid opening date, exclusive of the bid opening date. received by 5:00 p.m., five (5) City business days after the bid o enin date, exclus ive of the bid o enin date . received by 5:00 p .m ., five (5) City business days after the b id o enin date, exclusive of the bid o enin date. received by 5:00 p .m., five (5) City business days after the bid o enin date, exclusive of the bid o enin date . FAILURE TO COMPLY WITH THE CITY'S M/WBE ORDINANCE, WILL RESULT IN THE BID BEING CONSIDERED NON-RESPONSIVE TO SPECIFICATIONS Any questions, please contact the M/WBE Office at (817) 392-6104. Rev . 11/1/05 FORT W ORTH ~ PRIME COMPANY NAME: City of Fort Worth Subcontractors/Suppliers Utilization Form ATTACHMENT 1A Page 1 of 4 Check applicable block to describe prime HASEN Con Si-n,c..,'\" \0 'v\ ~ \''1 ~c_eS I M/W/DBE I "1' NON-M/W/DBE PROJECT NAME: 'Roc:\~o \:>\t;'2C\ $ -t<ee.. t S <'..4 ;i..e_ / BID DATE 1 'Z.tt/0'1 City's M/WBE Project Goal: Prime's M/WBE Project Utilization : PROJECT NUMBER \2. % 1'3.~4 % TP\AI 1.0D1 -2.+ * 'f oss \ \=>\-e t\o\.o\,.\-\,11\.<\.. I C\ 0 /o MW 6 E. Identify all subcontractors/suppliers you will use on this project Failure to complete this form , in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m . five (5) City business days after bid opening , exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth . The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin , Dallas, Denton , Ellis , Kaufman and Rockwall counties . Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered 151 tier, a payment by a subcontractor to its supplier is considered 2nd tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division . Disadvantaged Business Enterprise (DBE) is synonymous with Minority/Women Business Enterprise (M/WBE). If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract The M/WBE may lease trucks from another M/WBE firm , includ ing M/WBE owner-operators, and receive full M/WBE credit The M/WBE may lease trucks from non-M/WBEs, including owner-operators , but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement Rev . 5/30/03 FORT WORTH ---..,-.-- ATIACHMENT 1A Page 2 of 4 Primes are requ ired to id ent ify ALL subcontractors/suppl iers , regardless of status ; i.e., Minority , Women and non-M/WBEs . Please li st M/WBE firms firs t , us e add itio nal s heets if necessa ry . Certification N (check one) 0 SUBCONTRACTOR/SUPPLIER n T T Detail Detail Company Name i N C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A '\)1d(<'1 Lo.ncA ,;c. ~ p..e $ 11 1 '-" r;;,S "~ '2-4· Cc.""~ i!>ow-i-< \.AXs+ ' \... 0. "'-o\ S CC•, \0 e_ fl· Wo~I.---. \T~ 11.PI\\.,, I J l' r"' gr1 --z.4-'\-.. +~00 :Cvn ~ ev+11>"' ~ an-'2.44 ,'5'4q1 """ "'q,""' £V\~ .... ~ n·seS M1':::><...,. 'Stee\ ¥t 'o;\cl~~ St ~ l,Q t\-'3+1501 lo1 ~ l v fo-.--t ~\., \ T-j. 1li>ll'2.. I V r"'"' 811-'Z~'t, rU>l\lp w 'o\1,qz.i -30++ ~ov-\-\.,wH+ L..c.....\,1.-. I f\a.sw L.o..+~ ~ f\" $-KY' .\\ \lP 1 ioo \'r I I t'.°o'<e '."\-I.An e. ~c....-\c,~ \ 1~ ,,so 4'2. \ j St-vc..c..o f'--qn.-~+-1q14- +-f.. C\ 12. -4-q 4 -I q q O 2.L 41V\$+v-vc.-hO""-L,.l.,L £c.v+l.nw0<\L • g 'Z.':> 0 I \\':,D 'S\~""'-4~ ~ / ~wk 'o \ t;, \ J \-\a.s\e:r \ t"-1 l, or;' ""l.. f~ 12,l""t .. +";C\ -'Z.1">2.. £..t 9t\ 1 -+-;q -'Z.14-l, A~ s oc.t:;_~~ o1 Sa.we u t-h~c)' -0~""' D u 43, '3'13> c..u>1\..,, av < V\ 't\c. ,r-I 'C)od\c.s I Ti<.. 1-; 1.. '2. o / P"' z.1+ -"3'5 O -4-4 ~ l:. ~ 'll'\--?,'50-81'2..0 \-\o.vv.sc.c.f.e ~c.\~\ ~ 'f'4,.v<.t'"S At 3o, ++s 4c4-q Neches I v F+ W~ ,"f-J. 1'4>10(... ~~ ~ll-'2..C'i:'-\V~t ~ 'ol'l -1.i,2(p .r1.l,!! Re v. 5/30 /03 .. , FORT WORTH ~ ATIACHMENT 1A Page 3 of 4 Primes are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification N (check one) 0 n SUBCONTRACTOR/SUPPLIER T N T I Detail I Detail Company Name i C X M Subcontracting Work Supplies Purchased I Dollar Amount Address e M w T D VI Telephone/Fax r B B R 0 B E E C T E A vln~Y\'tS Col\S+n,~10""' I I I C. t>V\.C:. <( {.,A-~ I Ii 34-I q 1 z_ ?o e,o~ I e.C> <\-1 l.p AY\i~h""' ,-r~ 1l, oqe, ' I I I I IJ r""' '511-lt>,-<lOl, 0 h Sl1 -1i,-OS5+ Gla.'1 f .$ 01-\ t-,\q_ Sc,r\ Y'-( ~ I t-Jlr,_ "'"'''1 I ,, +'2->, l~~ 3S"OI o\Dl °'"c....!;11~1 ~ °'~"'~ 1 "f-1-1\oO'r"I I r'--~,,-z..,q-9'500 f'I-e,11-,;13-\\'&2-. ff.T tV\~t'"~_..;s.es Fl"O.m I j ~ \\1 Z.19 ~4.-<\-t\. L1"c.l'1 RJ * Pon.cu,,. T""-1\#'Z.S9 I I L. \J"Y\ \, e. '( ~ "14-C• 'r1'1• '\\\C> f'JL q +o · 4'14 -G\ I 09 1~ tc?pe,.. cro..~+ IJ I I I u <lo~ \0~3 4<\C\'> i!.e\l.e.y Roi I Sf1Y-.(... Kd\er I'/.. •lP?..+t I f'-' <ooo -4Sl, -"2. i Z. ~ r;.'/.. (e,1) +"lo-<i1.,t,1 'Pro~{~ss1\/~ -R.-q..~~ zq ( l s, fe(\GY\-W,(~ ReA I ~oo~,~ I ,, 1'3, ooo 8,c.\cV) ~;""? ~ 1 ~ , , o I v PY\. (-zt+') '3+S-1\o(,3 '"''f, ( 2.\ '\-J ;tt-i -7 t, t, S ~~D.S ~uc..h-\.'1 ?c:.,~'\-1~ J f'o.,'.-~ 0 I 1$ -:p:\ C)O I \<\60'\ ?-<cstt.n ~o\ ~ 2.l \ Oc..l\c..s tfi 1'525'2.. r (~12.) ZOI',. +H & (:'111..') ~ot-4-\~ 1 Rev. 5/30/03 fORTWORHl ~ ATIACHMENT 1A Page 3 of 4 Primes are requ ired to identify ALL subcontractors/suppliers, rega rdless of status ; i.e ., Minority , Women and non -M/WBEs . Please li st M/WB E fi rms fi rst , use add iti onal sheets if necessary. Certification N (check one ) 0 SUBCONTRACTOR/SUPPLIER n T T Detail Detail Company Name I N C X M Subcontracting Work Supplies Purchased Dollar Amount Address e M w T D w Telephone/Fax r B B R 0 B E E C T E A $1'3'"' l"i< s\~\'\ • ~"'IC s\ '.j '(\Ci_5 e 1t \012.84-- Po ~~ \ "1t. l-&4 I , Av-h~~"' I --r~ I \p 003 ,/ r (_~n)-<$1.;l-4"\Db ~ (sn'i .,,eo, -1 q 1, ' . :r~ H c\e.c. +-n c.,, , E.l ecJ·ncc,.. \ 1\ q4-'15(.:,, I -, Z.o I 'Bo.kv Slvo\ ./ R~~~nJ 1-\'dls --r~ ,1_p II~ \ I ph ~\'1) 2-9+ .... ,zto +'t. CB11\ U4 -, ioc; Rev . 5/30/03 ·,1 FORT WORTH ~· Total Dollar Amount of M/WBE Subcontractors/Suppliers $ Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ Lo 2. I Cf5 lP z.qq 2.3~ I "31.R 2. 1 I q4 ATTACHMENT 1A Page 4 of 4 The Contractor will not make additions , deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance . The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed M/WBE goal. If the detail explanation is not submitted , it will affect the final compliance determination. By affixing a signature to this form, the Offeror further agrees to provide , directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors , including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company . The bidder agrees to allow the transmission of interviews with owners, principals , officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or 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 initiating action under Federal , State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a eriod of time not less than one ( 1) year. Printed Signature Contact Name/Title (if different) Company Name Telephone and/or Fax E-mail Address 1fo(c,'l... City/State/Zip Rev . 5/30/03 FORT WORTH -----......----- PRIME COMPANY NAME: \-\ (\ $ E.~ CD'4\~-\v uc.,t~O\f\ PROJECT NAME: 'Roc:l~o P\ai'-~ $.\-<-f'e..t-sc~ City's M/WBE Project Goal: \2 % City of Fort Worth Good Faith Effort Form ATTACHMENT 1C Page 1 of 3 Check applicable block to describe M/W/DBE NON-M/W/DBE BID DATE e or If you have failed to secure M/WBE participation and you have subcontracting and/or supplier opportunities or if your DBE participation is less than the City's project goal, you must complete this form. If the bidder's method of compliance with the M/WBE goal is based upon demonstration of a "good faith effort", the bidder will have the burden of correctly and accurately preparing and submitting the documentation required by the City. Compliance with each item, 1 thru 6 below, shall satisfy the Good Faith Effort requirement absent proof of fraud, intentional and/or knowing misrepresentation the facts or intentional discrimination by the bidder. Failure to complete this form, in its entirety with supporting documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. 1.) Please list each and every subcontracting and/or supplier opportunity} for the completion of this project, regardless of whether it is to be provided by a M/WBE or non-M/WBE. (DO NOT LIST NAMES OF FIRMS) On Combined Projects, list each subcontracting and or supplier opportunity through the 2nd tier. (Use additional sheets, if necessary) List of Subcontracting Opportunities List of Supplier Opportunities t>e.~\~·h o" Rea\,-~~ i:,.f'l.~WG'<~ Re-bn-r tb'f\.C..V'~~ L\Jwvbe¥ ' Lc..n.d. ~u.o,e_ Ll (.\V\\-~\~, •A .... .., ' V ~A.\I~~ ~c.,.."'r"-1 M\~c. • ~\<..e-\ f>\r..sk:< Roo~~ -~ 'fvo..""'-\ Vl.C\ " "-a.,n.\-,~ ~\~d·-n'l-"'2( \ Rev. 05/30/03 ATTACHMENT 1C Page 2 of 3 2.) Obtain a current (not more than three (3) months old from the bid open date) list of M/WBE subcontractors and/or suppliers from the City's M/WBE Office. 1Yes Date of Listing --2_/ S / 61 __ No 3.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by mail, exclusive of the day the bids are opened? Yes {If yes, attach M/WBE mail listing to include name of firm and address and a dated copy of letter mailed .) =z=No 4.) Did you solicit bids from M/WBE firms, within the subcontracting and/or supplier areas previously listed, at least ten calendar days prior to bid opening by telephone, exclusive of the day the bids are opened? ~ Yes (If yes , attach list to include name of M/WBE firm, person contacted, phone number and date and time of contact.) __ No NOTE: A facsimile may be used to comply with either 3 or 4, but may not be used for both. If a facsimile is used, attach the fax confirmation, which is to provide M/WBE name, date, time, fax number and documentation faxed. NOTE: If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or less, the bidder must contact the entire list to be in compliance with questions 3 and 4. If the list of M/WBEs for a particular subcontracting/supplier opportunity is ten (10) or more, the bidder must contact at least two- thirds (2/3) of the list within such area of opportunity, but not less than ten to be in compliance with questions 3 and 4. 5.) Did you provide plans and specifications to potential M/WBEs or information regarding the location of 1 plans and specifications in order to assist the M/WBEs? _V_Yes __ No 6.) Submit documentation if M/WBE quotes were rejected. The documentation submitted should be in the forms of an affidavit, include a detailed explanation of why the M/WBE was rejected and any supporting documentation the bidder wishes to be considered by the City. In the event of a bona fide dispute concerning quotes, the bidder will provide for confidential in-camera access to and inspection of any relevant documentation by City personnel . (Please use additional sheets, if necessary, and attach.) Company Name Telephone Contact Person Scope of Work Reason for Reiection J\.\\ ~\r flerh~ 'ol1,";124o~ \Aw"' ~c-t-\-e. el~c}<~~A \ \-\,G'n -0,o 'V Rev. 05/30/03 ADDITIONAL INFORMATION: ATIACHMENT 1C Page 3 of 3 Please provide additional information you feel will further explain your good and honest efforts to obtain M/WBE participation on this project. The bidder further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed on this contract, the payment thereof and any proposed changes to the original arrangements submitted with this bid. The bidder also agrees to allow an audit and/or examination of any books, records and files held by their company that will substantiate the actual work performed on this contract, by an authorized officer or 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 initiating action under Federal, State or Local laws 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 time not less than one (1} year. The undersigned certifies that the information provided and the M/WBE(s} listed was/were contacted in good faith. It is understood that any M/WBE(s} listed in Attachment 1 C will be contacted and the reasons for not using them will be verified by ity's B Office. ~\ . ~ \ ~----:::--, A ~s~ ::t-c...._ '-'-'-l orized Signature · Signature t-St l~+ l'rent \-\,· .. ~ -€.s+,~~+;"" Title Contact Name and Title (if different)~ \-\PQ.\=.~ Co""~hvur\~ <;e~v~«-<:$ Company Name ' ;)':So~ '?o. .... \L"~1.u t>n'1<-'*'-+oe:, Address City/State/Zip Phone Number Fax Number ' . cta.v c\ tt) t\ct~e.~ \"C. • COTY) Email Address Date Rev. 05/30/03 M/WB E REQ UIRE D DOCUMENTATION RECEIPT T r an s portat ion & Public Works Department Offici al Date: .Auh I 9 I ,wo, Official Time: Bid Date: Project Na me : Project M anag er: Fo rms Submitted By Nam e : Co m pany : Received By : J une/1 4/2 007 Rodeo Plaza Renovation A lfo ns o Meza Hasen Co nstruction Services _±_: 01 fll1 TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser, Firm or Agency: City of Fort Worth, Texas Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton City, State , Zip Code: "--Fo=rt-=-=--W=-=o'"-'rt=h.,_T-'-'e=x=a=-s....;.7=-6-"--10=2=----------- Telephone: (817) 392-8360 I, the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from : All vendors Description of the items to be purchased , or on the attached order or invoice: All items except motor vehicles as listed below Purchaser claims this exemption for the following reason : Governmental Entity I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used . I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used in a manner other than expressed in this certificate and that upon conviction I may be fined not more than $500 per offense . ~d~ Purchaser: 0V: ,Jl.___, Title: Purchasing Manager Date: February 1, 2007 Note: This certificate cannot be issued for the purchase, lease or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID Sales and Use Tax "Exemption Numbers" or 'Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Mechanic Hel er er Installer S rinkler S stem Installer 1------~-------t--'------< coustic Ceilin Installer Hel er S rinkler S stem Installer Hel er >------~----~---------< Brickla er/Stone Mason Steel Worker Structural 1---~----------t-------< Brickla er/Stone Mason Hel er Steel Worker Structural Hel er 1---~------~-----'------< 1----'------------t--'------< f-C--'_._'----'-'---.L...C...--------l----'-----'-----l Concrete Finisher Concrete Finisher Hel er Concrete Form Builder Concrete Form Builder Hel er Electrician Hel er Electronic Technician er Glazier Laborer Common Laborer Skilled Lather Assembler Metal Buildin Assembler Hel er Reinforcin Roofer Roofer Hel er Sheet Metal Worker Rodeo Pl aza Renovation June 2007 $19 .79 $12.95 $20 .06 $12 .27 $15 .17 $15 .94 $11 .00 $14.35 $10 .32 $15 .05 $10 .12 $9 .21 $11 .59 $15 .94 $11 .12 $14 .29 $9 .33 $12 .86 $8.66 $18 .22 $12 .90 $16 .16 $9 .98 $13 .00 $15 .33 $10.24 $15 .73 Welder Welder Hel er ruck Driver $13 .37 $9.48 $17 .86 $13 .33 $16 .20 $11 .71 $15 .88 $11 .25 Houri Ra tes $16 .07 $12 .62 $17 .55 $13.27 $12 .66 !Sheet Metal Worker Helper Rodeo Plaza Renovation June 2007 $10 .53 (1) (2) (3 ) * WEATHER TABLE Month Average Inches Days of of Rain Ra infall January 7 1.80 February 7 2 .36 March 7 2 .54 April 8 4 .30 May 8 4.47 June 6 3 .05 July 5 1.84 August 5 2 .26 Sept ember 7 3 .15 October 5 2 .68 November 6 2 .03 December 6 1.82 ANNUALLY 77 32 .30 Mean number of days rainfall , 0 .01" or more Average normal precipitation , in inches Mean number of days 1.0 inch or more Less than 0 .5 inches Snow/Ice Pellets 1 * * 0 0 0 0 0 0 0 * * 1 This table is based on information reported from Dallas-Fort Worth Reg ional 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 . Precipit ation 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 i ndicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. Ro de o Plaza Re novation Ju ne 200 7 City of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties , including but not necessarily limited to, the Contract , Notice to Bidders , Proposal , General Conditions , Special Conditions , Specifications , Plans , Bonds and all Addenda , Amendments signed by all parties , Change Orders, written Interpretations and any written Field Order for a minor change in the Work . A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements , instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents . After being executed , the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change . A-3 WORK: By the term Work is meant all labor, supervision , materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents . A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originals , with all required attachments, including required bonds and insurance certificates , by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond . A-5 FAMILIARITY WITH PROPOSED WORK : Before filing a Proposal, the bidder shall examine carefully the, plans , spec ifications , special provisions , and the form of contract to be entered into for the work contemplated . He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of wo rk to be performed and materials to be furnished . The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work . Claims for addit ional compensation due to var iations between conditions actually encountered in construction and as indicated by the plans will not be allowed . A-6 ONE UNIFIED CONTRACT: Insofar as poss ible , the Contract Documents will be bound together and executed as a single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision , materials , equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings . A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions , Sections, Articles , or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work . Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon . Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents , the evaluation of work or materials performed or furn ished by the Architect Contractor, or any subcontractor or materialsman, or involving any question of fault or liability of any party , the decision of the Owner shall be final and binding . In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence : Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings ; Notes and dimensions on Drawings ; Technical Specifications; Special Provisions ; Supplementary General Conditions ; General Conditions ; and , Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications . Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him . All Drawings , Specifications and copies thereof furnished by the Owner or the Arch itect are and shall remain the property of the Owner. They are not to be used on any other project and , with the exception of one Contract set for each Party to the Contract , are to be returned to the Owner on request at the complelion of the work. General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 1 of 26 A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) POLICY: The City of Fort Worth has goals for the part icipation of Minority and Women Business Enterprises (M/WBE) in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City pol icy and procedures to be followed in submitting bids is included . The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects . A-11 CORRELATION AND INTENT: In general , the drawings ind icate dimension , locations , positions , quant ities , and k inds of const ruct ion ; the specifications indicate the quality and construction procedures required. Work ind icated on the drawings and not specified of vice-versa , shall be furnished as though set forth in both . Work not detailed, marked or specified shall be the same as sim ilar parts that are detailed , marked or specified . If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included . Dimensions on drawings shall take precedence over small-scale drawings . Drawings showing locations of equipment , piping , ductwork , electrical apparatus , etc ., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-12 AGE: In accordance with the policy ("Pol icy") of the Executive Branch of the federal government , Co ntractor covenants that neither it nor any of its officers , members, agents , employees , program participants or subcontractors , while engaged in performing this contract , shall, in connection with the employment, advancement or discharge of employees or in connection with the terms , conditions or privileges of the ir employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification , retiremen t plan or statutory requirement. Contractor further covenants that neither it nor its officers , members , agents , employees, subcontractors , program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract , a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification , retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcont ractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above re ferenced Pol icy concern ing age discriminat ion in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subconiractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public , nor in the availability, terms and/or conditions of emp loyment for applicants for employment with, or employees of Contractor or any of its subcontractors . Contractor warrants it will fully comply with ADA provisions and any other appl icable federal, state and local Jaws concerning disability and will defend , indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged fa il ure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportation and Public Works or his designated Building Construction Manager. The Director, Transportation will designate a Project Manager and Building Construction Manager (BCM) to adm inister this contract and perform the functions of the "Architect" as indicated in the General Conditions . The design architect or engineer may also be des ignated to perform the duties of "Arch itect ". The term "City" and "Owner" are used interchangeably and refer to the City of Fort Worth as represented by the Director of T ransportation and Public Works or his designated represen tative . B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated , the Contractor shall : a) Stop work under the Contract on the date and to the extent specified on the notice of termination . b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated . c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination . After termination as above , the City will pay the Contractor a proportionate part of the contract price based on the work completed ; provided, however , that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made . Contractor shall submit its claim for amounts due after termination as provided in t his paragraph within 30 days after receipt of such claim . In the event of any dispute or controversy as to the propriety or allowab ili ty of all or any portion of such claim under this paragraph , such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth , and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. General Conditions for Facil ity Construction Lump Sum Contract Rodeo Plaza Renovation, October 2007 Page 2 of 26 B-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative . Nothing contained in these Contract Documents shall create any privily of Contract between the Architect and the Cont ractor. 8-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonab le times . B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress . The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents . The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents . On the bas is of on-site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavo r to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts . B-6 INTERPRETATIONS: The Architect will be, in the first instance , the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents . B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications . In addit ion , whenever , in its reasonable opinion, the BCM considers ii necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM w ill have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. 8-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawings . The Architect will review Shop Drawings and Samples . Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees . The Owner will rece ive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee . Inspections The Owner will conduct inspections for the purpose of determ ining and making his recommendations concerning the dates of substantial completion and final completion . The Architect will conduct the final acceptance inspection and issue the Certificate of Completion . Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation , operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner , the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works , or shall appoint a successor Arch itect against whom the Contractor makes no reasonable objection . SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth act ing herein by its duly authorized representatives in the manner provided by law . Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportat ion and Public Works Department and members of the Facilities Management Division . Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration . C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics , legal limits and util ity locations for the site of the Work ; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himse lf therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only , are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficienc ies in such surveys . The Owner shall secure and pay for title to the site and all necessary permanent or construction easements . The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. General Conditions for Facility Construct ion Lump Sum Contract Rodeo Plaza Renovation, October 2007 Page 3 of 26 C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM . C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perfo rm its ass igned functions under the Contract Documents . C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents . On the basis of on-site observations and reports concerning the progress and quality of the work , the Owner will approve and authorize the Contractor's applications for payments . C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans and Specifications . Whenever, in its reasonable opinion , the Owner cons iders ii necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed . C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete , defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted , approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the C ity shall , until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books , documents , papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books , documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used here in includes purchase orde rs . Contractor agrees to photocopy such documents as may be requested by the city . The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code . SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative . D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City . Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder, and all persons performing same , and Contractor shall be solely responsible for the acts of its officers , agents, and employees . Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers , agents and employees , and the doctrine of respondeat superior shall not apply . D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. 0-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement , Conditions of the Contract, Drawings, Specifications , Addenda and modifications and shall at once report to the Owner and to the Architect any error, incons istency or omission he may discover. The Contractor shall do no work without Drawings , Specifications and Interpretations . D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using his best skill and attention . He shall be solely responsible for all construction means , methods , safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents . 0-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials , equipment, tools , construction equipment and mach inery , water, heat , utilities , transportat ion and other facilities and services necessary for the proper execution and completion of the Work . The successful low bidder will use its reasonable best efforts to hire local laborers , workmen and materialmen . The genera l cond ition is not to be constructed as lim iting the right of any bidder to employee laborers , workmen or materialmen from outs ide local area . General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation, October 2007 Page 4 of 26 The Contractor shall at all t imes enforce strict discipline and good order among his employees , and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. 0-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pay Prevailing Wage Rates . The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents . Penalty for Violation . A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents . This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258 .023 . Complaints of Violations and City Determination of Good Cause . On receipt of infonmation , including a complaint by a worker , concerning an alleged violation of 2258 .023, Texas Government Code , by a contractor or subcontractor, the City shall make an initial determination , before the 31 51 day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred. The City shall not ify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contracto r or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation . Arbitration Required if Violation Not Resolved . An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code , including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq ., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c) above . If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required , a district court shall appoint an arbitrator on the petition of any of the persons . The C ity is not a party in the arbitration . The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained . The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work , maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in th is contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City . The provisions of the Audit section of these contract documents shall pertain to this inspection . Pay Estimates . With each partial payment estimate or payroll period , whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code . Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times . Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above . On projects where special wage rates apply (e .g. Davis-Bacon) the Contractor agrees to meet all requirements of such programs . D-8 WARRANTY : The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in confonmance with the Contract Documents . All work not so conforming to these standards may be considered defective . If required by the Architect or the Owner , the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents . 0 -9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction , Excise and Use Tax. D-1 O LICENSES, NOTICES AND FEES: The Contractor shall obtain all Permits , Licenses, Certificates , and Inspections, whether permanent or temporary , required by law or these Contract Documents . The Contractor shall give all Notices and comply with all Laws, Ordinances, Ru les, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter , Ordinances , Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovat ion , October 2007 Page 5 of 26 D-11 CASH ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead , profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance . The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and othe r direct expenses resulting to the Contractor from any increase over the original allowance . D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work . The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing . Other communicat ions will be so confirmed on written request in each case . D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees , and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans , Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper , and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing , setting forth and specify ing an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the Architect 's approval, an estimated progress schedule for the Work. The progress schedule shall be re lated to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests . D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction . These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work . The Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work. D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor , manufacturer, supplier or distributor, and which illustrate some portion of the Work . Samples are physical examples furnished by the Contractor to illustrate ma terials , equipment or workmanship , and to establish standards by which the Work will be judged. The Contracto r shall review, stamp with his approval and submit , with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor , normally within the first 90 days of the work , six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified , or as the Architect may require . At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents . By approving and submitting Shop Drawings and Samples , the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials , catalog numbers and similar data , and that he has checked and coord inated each shop drawing given in the Contract Documents . The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions . The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay , but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions . The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved . The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions . General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation, October 2007 Page 6 of 26 The Architect 's approval of Shop Drawings or Samples shall not relieve the Cont ractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviat ion at the time of submission and the Architect has given wr itten approval to the specific deviation . Architect's approval shall not relieve the Contractor from respons ibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requ iring a Shop Drawing or Sample submission shall be commenced unt il the Architect has approved the submitta l. All such portions of the Work shall be in accordance w ith app rove d Shop Drawings and Samples . D-18 SITE USE : The Contractor shall confine operations at the site to areas permitted by law , ordinances , perm its and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City Council of the City of Fort Worth , t he entire site of the Work shall be under the exclusive control, ca re and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild , repa ir, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above , caused before acceptance . D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly, and shall not endanger any Work by cutting , excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP: The Contractor at all times shall keep the prem ises free from accumulation of waste materials or rubbish . At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construct ion equipment, machinery and surplus materials , and shall clean all glass surfaces and leave the Work "Broom-clean " or its equivalent , except at otherwise specified . In addition to removal of rubbish and leaving the buildings "broom-clean", Cont ractor shall clean all glass , replace any broken glass , remove stains , spots, marks and dirt from decorated work , clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete , tile and terrazzo floors. If the Contractor fails to clean up , the Owner may do so , and the cost thereof shall be charged to the Contracto r. D-21 COMMUNICATIONS: As a general rule , the Con t ractor shall forward all commun ications to the Owner through the BCM . D-22 CONTR ACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJ EC TS : Contractor s hall observe and comply with the requirements of the City of Fort Worth Fiscal Department , Intergovernmental Affairs and Grants Management as outlined in the Supplemental Condit ions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site . The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative . Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen . E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the princ ipal portions of the Work. Pri or to the award of the Contract, the Arch itect shall notify the successful bidder in writing if either the Owner or Arch itect , after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization . If, prior to the award of the Contract , the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organizat ion, the apparent low bidder may, prior to the award, withdraw his bid without forfe itu re of bid security . If such bidder submits an acceptable substit ute , the Owner may , at its disc ret ion , accept the bid or he may disqual ify the bid . If, after the award , the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute . The Contractor shall not make any substituti on for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: A ll work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors ) which shall conta in provis ions that: 1. Preserve and protect the rights of the Owner and the A rch itect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof w ill not prejudice such rights ; 2 . Require that such Work be performed in accordance with the requirements of the Contract Documents ; General Condit ions for Fa ci lity Construct ion Lump Sum Contract Rodeo Plaza Renovation , Octobe r 2007 Page 7 of 26 3 . Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party , in reasonable time to enable the Contractor to apply for payment ; 4 . Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5 . Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance , except such rights, if any , as they may have to proceeds of such insurance held by the Owner , and, 6 . Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract , and every subcontract shall be so construed and applied as to the Owner and the Architect , whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE {M/WBEl: Should the base bid be less than $25 ,000 , the requirements of this section do not apply. General : In accordance with City of Fort Worth Ordinance No 15530 (the "Ordinance "), the City of Fort Worth sets goals for the participation of minority and women business enterprises (MNVBE) in City contracts . Ordinance No 15530 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The MNVBE documentation required by the procurement solicitation must be submitted within five city business days after bid opening . Failure to comply with the City's MNVBE Ordinance, or to demonstrate a "good faith effort", shall result in a bid being considered non-respons ive. During Construction : Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MNVBE subcontractors and or suppliers prior to issuance of the Notice to Proceed . Contractor shall also provide monthly reports on utilization of the subcontractors to the MNVBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual wo rk performed by an MNVBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in it's possession that will substantiate the actual work performed by an MNVBE . The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. An offerer who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offerer and barred from participating in City work for a period of time of not less than three (3) years . The failure of an offerer to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein , may result in the offerer being determined to be an irresponsible offerer and barred from participating in City work for a period of time of not less than one (1) year. The Contractor may count toward the goal any tier of MWBE subcontractors and/or suppliers . The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MNVBE participation in the joint venture for a clearly defined portion of the work to be performed . All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders : Whenever a change order affects the work of an MNVBE subcontractor or supplier, the MNVBE shall be given an opportunity to perform the work . Whenever a change order is $50,000 or more, the MNVBE Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall : 1. Make no unjustified changes or deletions in its MNVBE participation commitments submitted with the bid/proposal or during negotiation, without prior submission of the proper documentation for review and approval by the MWBE Office . 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12 .3 and 12.4 of the OOrdinance, exclusive of the time requirements stated in such subsections . 3 . The Contractor shall submit to the MNVBE Office for approval an MNVBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract, the Contractor wishes to change or delete one or more MNVBE subcontractors or suppliers . Justification for change of subcontractors may be granted for the following : 1. An MNVBE's failure to provide Workers' Compensat ion Insurance evidence as required by state law; or 2 . An MNVBE 's-failure to provide evidence of general liability or other insurances under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1) the limits requ ired of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply General Conditions for Facility Construct ion Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 8 of 26 agreements used on other projects of sim ilar s ize and scope and with in the Contractor's normal business pract ice with non - M/WBE subcontractor's/subconsultant's or suppliers ; or 3 . An MWBE's failure to execute the Co ntractor's standard subcontract form , if entering a subcontract is required by the Contractor in its normal course of business, unless such fa ilure is due to : a) A change in the amount of the previously agreed to bid or scope of wo rk; or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month; or c) Any )imitation be ing placed on the ability of the M/WBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide not ice of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a cons ideration before the reques t for change is approved . 4. An M/WBE defaults in the performance of the executed subcontract. In this event , the Contractor shall : a) Request bids from all M/WBE subcontractors previously subm itting bids for the work , b) If reasonably pract icable , request bids from prev iously non-b idding M/WBEs , and c) Prov ide to the M/WBE office documentat ion of compl iance w ith (a ) and (b) above. 5 . Any reason found to be acceptable by the M/WBE Office in its sole discretion. W ithin ten days after final payment from the City the Contractor shall prov ide the M/WBE Office with documentation to reflect final part icipation of each subcontractor and supp_lier , including non-M/WBEs , used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon re ce ipt of payment from the Owner, an amount equal to the percentage of complet ion allowed to the Contractor on account of such Subcontractor's Work . The Contractor shall also require each Subcontractor to make similar payments to his subcontractors . If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a part icular subcontractor, the Contractor shall pay that Subcontractor on demand , made at any t ime after the Certificate for Payment would otherwise have been issued , for his Work to the extent completed , less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors . The Owner may, on request and at its discret ion , furnish to any Subcont ractor, if practicable , information regard ing percentages of completion certified to the Contractor on account of Work done by such Subcontractors . Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions t o be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or 0MB Circular A-110 , as approp ri ate . Each subcontractor must ag ree to comply w ith all applicable Federal, State , and local requ irements in addition to those set forth in this section . No subcontractor will be employed on this Project , except as specifically approved by the City, who is contained in the list ing of cont ractors debarred , ineligible , suspended or indebted to the Un ited States from cont ractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for re imbursement wholly or partially from EDA grant fluids . All subcontracts in excess of $10 ,000 shall include, or incorporate by referen ce , th e equal opportunity clause of Executive Order 11246 . All subcontract s must contain a nondiscriminat ion clause . Each subcont ract must conta in a requ irement fo r compl iance w ith the Davis -Bacon and related acts . Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contracto r who will compile them and submit to the City . The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347 . General Conditions for Facility Const ruct ion Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 9 of 26 Each subcontract with every subcontractor must contain a clause comm itt ing the subcontractor to employment of local labor to the maximum extent possible . All subcontractors who employ more than 50 employees , and is a prime or first tier subcontracto r , and has a subcontract or purchase order of $50 ,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year. Subcontractors perform ing wo rk in areas covered by published goals f or m ino ri ties will be requ ired to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection wi t h other port ions of the Work . When separate contracts are awarded for other portions of the Work , "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS : The Cont ractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equ ipment and the execution of their work , and shall properly connect and coordinate his work with theirs . If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results . Failure of the Contractor to inspect and report shall cons titute an acceptance of the other contractor's work as fit and proper to receive his Work , except as to defects wh ich may develop in the other separate contractor's work after the execution of the Contractor's Work . Should the Contractor cause damage to the work or property of any separate contractor on the s ite , the Contractor shall , upon due notice, settle with such other contractor by agreement, if he will so settle . If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense , and if any judgment aga inst the Owner arises therefrom , the Contractor sh all pay o r satisfy such judgment and ~shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS : The Contractor shall do all cutting , fitting or patching of his Work that may be required to fit it to rece ive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other cont ractors by cutting , excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible t he refor. F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to the ir responsibility for cleaning up , the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determ ine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the s ite is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State , and County and City Laws , Statutes , Charter, Ord inances, Regulations , or Directives controlling the action or operation of those engaged upon the work affecting t he materials used . He shall indemn ify and save ha rmless the City and all of its officers and agents against any claim or liabil ity arising from or based on the violation of any such Laws , Statutes, Charter, Ord inances , Regulations, or Direct ives , whether by himself, his employees , agents or subcontractors . G-2 GOVERNING LAWS: It is mutually agreed and understood that this ag reement is made and entered into by the part ies he reto w ith reference to the existing Charter and Ord inances of the City of Fort Worth and the laws of the State of Texas w ith reference to and governing all matters affecting th is Contract, and the Contractor agrees to fully comply w ith all the provisions of the same . G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the C ity of Fort Worth in connection with th is Contract , or in exercising any of the powers granted the Owner herein , the officers , agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incu r any personal liability by v irtue of such performance hereunder, except for gross negligence or w illful wrong . G-4 COMPLIANCE WITH LAWS. Contractor agrees to comply w ith all laws , Federal , state and local , includ ing all ord inances , rules and regulations of the City of Fort Worth , Texas . Materials incorporated into the fi nished Proj ect are not subject to State Sales Tax. General Conditions for Fac il ity Construction Lump Sum Contract Rodeo Plaza Renovation , Octobe r 2007 Page 10 of 26 The Owner is responsib le for obtaining the Building Permit . The Contractor and the appropriate subcontractor are respons ible for obtaining all other construction permits from the governing agencies . Contractor shall schedule all code inspect ions with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manager weekly . Building , plumbing , electrical and mechanical building permits are issued without charge . Water and sewer tap, impact & access fees will be paid by the City . Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION : Contractor covenants and agrees to indemnify City's engineer and architect , and their personnel at the project site for Contractor's sole negligence . In addition , Contractor covenants and agrees to indemnify , hold harmless and defend , at its own expense, the Owner, its officers, servants and employees, from and against any and all claims or suits for property loss , property damage, personal injury, including death , arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents , employees , subcontractors , licensees or invitees , whether or not any such iniury, damage or death is caused, in whole or in part, by the negligence or alleged negligence of Owner, its officers, servants, or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage , loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract , whether or not any such iniury or damage is caused in whole or in part by the negligence or alleged negligence of Owner, its officers, servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment , final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier . The Director may , if he deems it appropriate , refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2 , this contract shall be binding upon and insure to t he benefit of the parties hereto, their Successors or Assigns . Contractor shall not ass ign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void . G-7 WRITIEN NOTICE : Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom ii was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice . G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25 ,000 . The Contractor agrees , on the submittal of his Proposal to make , .execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work , such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas , as amended, in the form included in the Contract Documents , and such bonds shall be 100 percent of the total contract price , and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas , and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City . Each bond shall be properly executed by both the Contractor and the Surety Company . Bonds required by the City shall be in compliance with all relevant local , state and federal statutes . To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptable Securities [Circular 570), and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus . Such a surety must reinsure any obligat ion over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized , accredited , or trusteed to do business in the State of Texas . Should any surety for the cont racted project be determined unsatisfactory at any time during same , the Contractor shall immediately provide a new surety bond satisfactory to the City . If the contract amount is less than $25,000 , payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work . G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies . In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies , including the cost of the Architect's additional serv ices made necessary by such default , neglect or failure . If the payments then or thereafter due the Contractor are not sufficient to cover such amount , the Contract shall pay the difference to the Owner. G-10 ROYAL TIES AND PATENTS: The Contractor shall pay all royalties and license fees . He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be respons ible for all such loss when a part icular design, process or the product of a particular manufacturer or manufacturers is specified ; however, if the General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 11 of 26 Contractor has reason to believe that the des ign, process or product specified is an infringement of a patent , he shall be responsible for such loss unless he promptly gives such information to Owner. G -11 TESTS: If the Contract Documents, Laws , Ordinances , Rules , Regulations or Orders of any publ ic authority hav ing jurisdiction require any Work to be inspected , tested or approved, the Contractor shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection , testing or approval. The Owner shall bear all costs of such i nspection , tests and approvals un less otherwise provided . If after t he commencement of the Work , the Owner determines tha t any work requires special inspection , test ing or approval no t included above , the Owner, upon written aut horization from the Owner, will instruct the Contractor to order such spec ial inspection , testing or approval , and the Contractor shall give notice as requ ired in the preceding paragraph . If such special inspection or testing reveals a failure of the Work to comply (1) w ith the requ irements of the Contract Documents or (2 ) with respect to the performance of the Work , with Laws , Statutes , Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction , the Contractor shall bear all costs thereof, including the Architect 's additional services made necessary by such costs ; otherwise the Owner shall bear such costs , and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection , testing or approval , and three copies will be promptly delivered by him to the Owner. The Architect will review the certificates and forward one copy of each with his recommendation (s) to the Owner. If the Owner wishes to observe the inspections , tests or approvals required by th is Section, they will do so promptly and , where practicable , at the source of supply . Neither the observations of the A rchitect or the Owner in the ir administration of the Construction Contract , nor inspections, tests or approvals by persons other than the Contractor shall rel ieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents . G -12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under th is Contract with a m inimum of outage t ime for all utilities . Interruption shall be by approved sections of the utility . In some cases , the Contractor may be requi red to perform the Work while the existing utility is in service. The existing utility serv ice may be interrupted only when approved by the Owner. When it is necessary to interrupt t he existing utilities , the Contractor shall notify the Owner in writ ing at least ten days in ad vance of the time that he des ires th e exi sting service to be interrupted . The interrupt ion ti me shall be kept to a m inimum . Depending upon the activities at an existing facility that requires continuous serv ice from the existing ut ility, an interruption may not be subject to schedule at the time desired by the Contractor . In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand fo r the utility . The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Con t ractor shall verify dimens ions and elevations indicated in layout of existing work . Discrepanc ies between Drawings , Specificati ons, and existing cond itions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in sat isfactory workmanlike manner at the Contractor's sole expense . The Contractor shall be held responsible fo r the location and elevation of all the construction contemplated by the Construction Documents . Prior to commenc ing work , the Contractor shall carefully compare and check all Architectural , Structural , Mechanical an Electrical drawings ; each w ith the other that in any affects the locations or elevation of the work to be executed by him , and should any discrepancy be found , he shall immediately report the same to the Arch itect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work , the Contractor shall verify all measurements at the site or at the bu il ding and shall be wholly responsible for the correctness of same . No extra charge or compensat ion will be allowed on account of any difference between actual dimensions and d imensions indicated on the drawings . Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check t he site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected , as requ ired, whether or not shown or specified at the Contractor's sole expense . Attention is directed to the poss ible existence of pipe and other underground improvements that may or may not be shown on the Drawings . All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings . Location of existing underground lines, shown the Drawings are based on the best available sources , but are to be regarded as appro xi mate only . Exercise extreme care in lo c at ing and iden t ify ing these lines befo re excavation in ad j acent areas . G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor , wall and ceiling ma terials that : 1. Preserve and protect the righ ts of the Owner and t he Arch it ect under the Cont ract with respect to the Work to be performed under the subcontract so that the subcontracting t hereof wi ll not prej udice such rights ; General Cond itions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 12 of 26 2 . Place joints to relate to all open ing and breaks in the st ructure and be symmetrically placed wherever possible . Th is includes heating reg isters , light fixtures, equipment, etc . If because of the non-related sizes of the various materials and locat ions of open ings , etc ., it is not poss ible to accomplish the above , the Contractor shall request the Arch it ect to determ ine the most sat isfactory arrangement. The Contractor shall establish centerlines for all trades . G-17 damages. INTEGRATING EXISTING WORK: The Contractor shall protect all ex isting street and other improvements from Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities . Where new site work is to be connected to exist ing wo rk , special care shall be exercised by the Contractor not to d isturb or damage the existing work more than necessary . All damaged work shall be replaced , repaired and restored to its original condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents , whether expressly stated or not , that nothing containing haza rdous materials , such as asbestos , shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project , including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply . G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping , ductwork , etc. are diagrammatic and job conditions may not always permit their installation in the location shown . When this situation occurs , it shall be brought to the Architect's attention immediately and the relocation determined in a joint confe rence . The Contractor will be held respons ible for the relocating of any items without first obtaining the Architect's approval . He shall remove and relocate such items at his own expense if so directed by the Arch itect. Where possible , uniform margins are to be maintained between parallel lines and/or adjacent wall , floor or ceiling surfaces . G -20 OVERLOADING: Th e Cont ractor shall be respons ible for load ing of any part or parts of structu res beyond their safe carrying capac ities by placing of materials , equipment , tools , machinery or any other item thereon. No loads shall be placed on floors or roofs before they have atta ined the ir permanent and safe strength . G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials , products , processes , equipment , or the like be installed or applied in accordance with manufacture r's instructions , direction or spec ificat ions , or words to this effect , it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the materia l concerned for use under conditions similar or those at the job site . Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun . G-22 CLEANING UP : The Contractor shall keep the premises free from accumulation of waste material or rubb ish caused by employees or as a result of the Work . At completion of work , the General Contracto r shall , immediately prior to final inspect ion of complete build ing , execute the following final cleaning work with trained jan itorial pe rsonnel and with material methods recommended by the manufactures of installed materials . 1. Sweep and buff resi lient floors and base , and vacuum carpeting . 2 . Dust all metal and wood trim and similar fin ished materials . 3 . Clean all cabinets and casework . 4 . Dust all ceilings and walls . 5 . Dust , and if necessary wash , all plumbing and ele ctrical fixtures . 6 . Wash all glass and sim ilar non -resilient materials . 7 . All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched -up if necessary , and all temporary labels, tags , and paper coverings removed throughout the bu ildings . Surfaces that are wa xed shall be pol ished . 8 . The ext erior of the bu ilding , t he grounds , approaches, equipment , sidewalks , streets, etc . shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance . All paint surfaces shall be clean and unbroken , hardware shall be clean and pol ished , all required repa ir work shall be completed and dirt areas shall be scraped and cleared of weed growth . 9 . Clean all glass surfaces and m irrors of putty , paint materials , etc ., w ithout scratch ing or injuring the glass and leave the work bright , clean and polished . Cost of this cl ean ing work shall be borne by Contractor. General Condit ions for Facil ity Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 13 of 26 10 . Cleaning, polishing , scaling , waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11 . Burning : Burning of rubbish on the premises will not be permitted . G-23 DUST CONTROL : Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when di rected by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen . All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building . Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods . A fire extinguisher shall be available at each location where cutting or welding is being performed . Where electric or gas welding or cutting work is done , interposed sh ields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used , a watchman shall be present to cover periods when other workmen are not on the prem ises . The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos . 1 O and 241. However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line , parallel to adjacent surfaces or plumb for vertical surfaces . Care should be exercised not to damage any work that is to remain . At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection, Record Drawings : Attention is called to General Conditions Section entitled , "Substantial Completion and Final Payment ". Maintenance Manual: Sheets shall be 8 W' x 11", except pull out sheets may be neatly folded to 8 Y," x 11". Manuals shall be bound in plastic covered , 3 ring , loose leaf binder with title of project lettered on front and shall contain : 1) Name, address and trade of all sub-contractors. 2) Complete maintenance instructions ; name, address , and telephone number of installing Contractor, manufacturer's local representative , for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves , water heaters , heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment and light fixtures. 4) Manufacturer's name , type, color designation for resilient floors, windows, doors , concrete block , paint , roofing , other materials . Submit six copies of Maintenance Manual, prior to request for final payment. Operational Inspection and Maintenance Instruction : The Contractor shall provide at his expense , competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications . This requirement shall be scheduled just prior to and during the initial start up . After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE : Upon completion of the Project, prior to final payment , guarantees required by technical divisions of Specificat ions shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Proj ect for one year. In addition, where separate guarantees, for certain portions of work , are for longer periods , General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Cert ificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse , neglect by Owner or his successor(s) in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained here in. Unless supplemented by the Technical Specifications or the manufacturer's normal extended General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 14 of 26 warrantees , the Contractor shall warrant all work materials , and equipment aga ins t defects for a period of one year from the date of final acceptance . The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents . Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Cont ractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least the ir original condition . G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment , one print of each of t he drawings accompany ing this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construct ion actually provided and that ind icated or specified in the Contract Documents . The annotated documents shall be del ivered to Architect . Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose , or by subsequent change to the drawings, the record drawings shall define the construction actually provided . The representation of such variations shall conform to standard drafting practice and shall include supplementary notes , legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate , in addition , the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances . G-29 CONSTRUCTION FENCE: At the Contractor's option, he may provide a substantial chain-l ink construction fence around all or a part of the site . The fences and gates must be ma intained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition . G-30 PRODUCT DELIVERY, STORAGE, HANDLING: The Contractor shall handle , store and protect materials and products, includ ing fabricated components , by methods and means which will prevent damage, deterioration and loss , includ ing theft (and resulting delays), thereby ensuring highest quality results as the work progresses . Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of ii in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City . G-32 MANUFACTURER'S REFERENCE: Catalog, brand names , and manufacturer's references are descriptive , not restrict ive. Bids on brands of like nature and quality will be considered . Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions . Where equipment has been listed as "no substitute accepted ", the City will accept no alternates to the specified equipment. H-1 DEFINITIONS SECTION H CONTRACT TIME The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the dale of substantia l Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner The Date of Commencement of the Work is the date established in the Notice to Proceed . If there is no notice to proceed , it shall be the date of the Agreement or such other date as may be established therein . The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete , in accordance with the Contract Documents, so the Owner may occupy the Work or designated port ion thereof for the use for which it is intended . Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week , including Sunday , regardless of whether a 'Working Day " or not , and regardless of weather conditions or any situation which might delay construction . An extension of contract time shall be in accordance w ith this Section . Extensions of time will be as recommended by the BCM with final approval by City of Fort Worth. A Working Day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m . and 6 :00 p.m . However, noth ing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires . Legal holidays are defined as being New Year's Day, Independence Day , Labor Day, Thanksgiving Day , Christmas Day , Memorial Day , and Veteran 's Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall beg in the Work on the date of commencement as defined in this Section . He shall carry the Work forward exped itiously with adequate forces and shall complete it within the Contract Time . General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 15 of 26 H-3 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes , fire, unusual delay in transportation , unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Arch itect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equ itable adjustment of the contract time . All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay ; otherwise they shall be waived . If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable . H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time . SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: The Contract Sum is staled in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents . 1-2 SCHEDULE OF VALUES : Before the first Applicable for Payment , the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Arch itect , aggregating the total Contract Sum, divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require . Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. 1-3 ADJUSTMENT OF QUANTITIES 1-4 PROGRESS PAYMENTS: On the first day of each month after the first month 's work has been completed, the Contractor will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work , materials and equipment covered by an Application for Payment , whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person . The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703 , "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted . 1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above , the above , the Architect will , with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment , with a copy to the Contractor, for such amount determined to be properly due , or state in writing reasons for withholding a Certificate . The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the BCM's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation, October 2007 Page 16 of 26 Owner that the Contractor be paid in the amount certified . In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment , the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works . For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth . For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment , nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or , because of subsequently discovered evidence or subsequent inspections , may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied ; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment ; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time; or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed , payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications . 1-7 1-8 NOT USED LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows : Amount of Contract Liquidated Damages Per Day $15 ,000 or less $45 $15,001 to $25,000 $ 63 $25 ,001 to $50,000 $105 $50,001 to $100,000 $154 $100 ,000 to $500,000 $210 $500,001 to $1,000 ,000 $315 $1,000 ,001 to $2 ,000 ,000 $420 $2,000 ,001 to $5,000,000 $630 $5 ,000 ,001 to $10,000 ,000 $840 over $10 ,000 ,000 $980 1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified , then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete, the Construction Manager shall inspect the project with the Contractor and prepare a "Preliminary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete , he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the Contractor to request a Certificate of Occupancy which will establ ish the Date of Substantial Completion . The Certificate of Final Completion shall state the General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 17 of 26 responsibilities of the Owner and the Contractor for maintenance , heat, utilities , and insurance , shall set forth the remaining work as a "final punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days . When the Certificate of Occupancy has been issued, the retainage will be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced to2 .5%. Should the Contractor fail to complete all contractual requirements of the contract , including submlttals and fina·1 pay request within the fixed time, the contract time will again commence . Should the Contractor fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection , the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible , have been paid or otherwise satisfied , 2) Consent of Surety to Final Payment (G707), if any , to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations , such as receipts, releases , and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth . If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at the election of the Owner , furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made . The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees . The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth . The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following acceptance . 1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work . The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to : (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors ; and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements , roadways , structures and utilities not designated for removal , relocation or replacement in the course of construction . Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work . The Contractor shall rebuild , repair , restore and make good , at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above , caused before its completion and acceptance. General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 18 of 26 The Contractor shall comply with all applicable Laws, Ordinances , Rules , Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage , injury or loss . He shall erect and maintain, as required by existing conditions and progress of the Work , all reasonable safeguards for safety and protect ion, including posting danger signs and other warnings against hazards , promulgating safety regulat ions and notifying owners and users of adjacent util ities . When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work , the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel . All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor , any Subcontractor, or anyone directly or indirectly employed by any of them , or by anyone for whose acts any of them may be liable , shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Arch itect or anyone employed by him or for whose acts he may be liable , and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety . J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work . Each Contractor , employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor , employees and visitors. Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors . J-4 EMERGENCIES: In any emergency affecting the safety of persons or property , the Contractor shall act at his discretion to prevent threatened damage, injury or loss . Any additional compensation or extension of time cla imed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work . J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public . The Contractor shall keep the prem ise free at all times from accumulation of waste materials or rubbish . At the completion of the work , the Contractor shall remove all his wastes and rubbish from and about the work area , as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc ., as before the work was undertaken . J-6 TRENCH SAFETY : The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements . If the Proposal requires , the Contractor shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal , the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values . SECTION K -INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved . The City of Fort Worth will be listed as an "additional insured " on all policies except Worker's Compensation. K-2 WORKERS' COMPENSATION INSURANCE 1) General a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (C ity) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compl iance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section . b) Subcontractor's Worker's Compensation Insurance . Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project . Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired . Contractor shall provide a copy of all such cert ificates to the Owner (C ity). c) By sign ing this Contract or providing or causing to be provided a cert ificate of coverage , the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project , that the coverage will be based on proper reporting of class ification codes and payroll amounts , and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured , with the Texas Worker's Compensation Comm ission's Division of Self-Insurance Regulation . Providing false or misleading information may subject the Contractor to administrative penalties , criminal penalties , civ il penalties or other civil actions . d) The Contractor's failure to comply with any of these prov isions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy t he breach within ten days after receipt of notice of breach from the City . General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 19 of 26 2) Definitions : a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83 , or TWCC- 84), showing statutory workers' compensation insurance coverage for the person 's or entity's employees providing services on a project, for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City . c) Persons providing services on the project ("subcontractor" in section 406 .096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees . This includes , without limitation , independent contractors, subcontractors, leasing companies, motor carriers , owner-operators , employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services " include, without limitation, providing, hauling, or delivering equipment or materials , or providing labor, transportation , or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries , and delivery of portable toilets . 3) Requi rements a) The Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code , Section 401 .011 (44) for all employees of the Contractor providing services of the project , for the duration of the project. b) The Contractor must provide a cert ificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must , prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended . d) The Contractor shall obtain from each person providing services on a project, and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental ent ity will have on file certificates of coverage showing coverage for all persons prov iding services on the project ; and ii) no later than seven days after receipt by the Contractor , a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice , in the text , form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to : i) provide coverage , based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas labor Code, Section 401 .011 (44) for all of its employees providing services on the project , for the duration of the project ; ii) provide to the Contractor, prior to that person beginning work on the project , a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project , for the duration of the project ; iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; iv) obtain from each other person with whom ii contracts , and provide to the Contractor: (1) a certificate of coverage , prior to the other person beginning work on the project ; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) not ify the City in writing by certified mail or personal delivery , within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person prov iding services on the project ; and vii) contractually require each person with whom it contracts , to perform as required by paragraphs h-i) -vii), with the certificates of coverage to be provided to the person for whom they are providing services . General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 20 of 26 4) Posting of Required Worker's Compensation Coverage a) The Contractor shall post a notice on each proj ect site informing all persons providing services on the project that they are requ ired to be covered , and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worke r's Compensation Comm iss ion rules . This notice must be printed w ith a title in at least 30 point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the wo rker populat ion . The text for the notices shall be the following text , without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requ ires that each person working on this site or providing services related to th is construction project must be covered by worker's compensation insurance . This includes persons providing , hauling , or delivering equipment or materials, or providing labor or transportat ion or other serv ice related to the proj ect , regardless of the iden t ity of the ir employer or status as an emp loyee ". Call the Texas Worker's Compensation Commission at 512 -440-3789 to rece ive informat ion on the legal requirement for coverage, to verify whether your employer has provided the required coverage , or to report an employer's failure to provide coverage ." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him , the City of Fort Worth and any Subcontractor perform ing work cov e red by t his Contract , from cla ims of damage which may arise from operations under this Contract, includ ing blasting, when blasting is done on , or in connection with the Work of the Project , whether such operations be by himself or by any Subcontractor or by anyone directly or ind irectly employed by either of them and the limits of such insurance shall be not less than the following : 1) Automobile Liability : $1 ,000,000 each accident or reasonably equivalent split limits for bod ily injury and property damage. Coverage shall be on "any auto" including leased , hired , owned, non -owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability : $1 ,000 ,000 each occurrence . Coverage under the policy shall be as comp rehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the pol icy shall have no exclus ions by endorsement unless such are approved oy the City . 3) Asbestos Abatement Liability Insurance : When the Project specifically requires the removal of Asbestos Containing Materials , the Contractor, or subcontractor performing the removal , shall be required to maintain Asbestos Abatement Liab ility Insurance as follows: $1 ,000 ,000 per occurrence ; $2 ,000,000 aggregate limit. The coverage shall include any pollution exposure , includ ing environmental impairment liab ility , associated with the services and operations performed under this contract in addition to sudden and acc idental contam ination or pollution liab ility for gradual emissions and clean -up costs. K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation , the Contractor shall procure, pay for and mainta in at all times during the term of this Contract , Builder's Risk Insurance against the perils of fire , lightning , windstorm , hurricane , hail , riot , explosion , civic commotion , smoke , aircraft, land vehicles , vandalism , and malicious misch ief, at a limit equal to 100 % of the Contract Sum . The pol icy shall include coverage for materials and suppl ies while in transit and while be ing stored on or off site . If specifically requ ired in the Instructions to Bidders , the policy shall inc lude coverage for flood and earthquake . Different sub-limits for these coverages must be approved by the City . Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agen t s shall be covered . Upon completion of the Work , the Contractor shall notify the City of Fort Worth in writing before term inating this insurance . K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Transportation and Public Works Department , City of Fort Worth as a "Certificate Holder", and noting the specific project (s) covered by the Contractor's insurance as documented on the cert ificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and /or insurers for the Contractor's insurance coverages spec ified for the project (s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured , by endorsement , on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed w ith a wa iver of subrogation in favor of the City of Fort Worth . 3) Insurers of polic ies maintained by Cont ractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas , or otherwise approved by the City of Fort Worth , and such shall be acceptable to the City of Fort Worth insofar as the ir financial strength and solvency are concerned . Any company through which the insurance is placed must have a rating of at least A :VII , as stated in current edition of A. M . Best 's Key Rating Gu ide . At the City's sole discretion, a less favorable rate may be accepted by the City . General Conditions for Facil ity Construction Lump Sum Contract Rodeo Plaza Renovat ion , Octobe r 200 7 Page 21 of 26 4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth . 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein . 8) The City of Fort Worth shall be entitled, upon request and without incurring expense , to review the insurance policies including endorsements thereto and , at its discretion, to require proof of payment for policy premiums . 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein . 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth . 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly . All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents . A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time . The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shall be coordinated with the Director, Department of Transportation and Public Works . A change order must be written and duly negotiated and executed prior to performing changed work . The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways : 1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon ; or 3) by cost and a mutually acceptable fixed or percentage fee . If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved . The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings , including a reasonable allowance for overhead and profit as indicted in the original contract proposal . In such cases , the Contractor shall keep and present, in such form as the Architect shall prescribe , an itemized accounting together with appropriate supporting data . Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner . If after the Contract has been executed, the Architect, requests .a price proposal from the Contractor for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended, the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost -plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above . General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation, October 2007 Page 22 of 26 Contractor is advised that accord ing to City of Fort Worth Charter, that, the City Council must approve all Change Orders and Work Orders wh ich results in an increase in cost of the contract amount by over $25 ,000 . Normal processing time for the City Staff to obtain City Council approval , once the recommended change order has been rece ived at the City , is appro xi mately thirty days . Owner and Contractor shall endeavor to ident ify Change Order items as early in the Construct ion process as poss ible to min imize the ir impact on t he construction schedule . If un it prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally con templated are so changed in a proposed Change Order that appl ication of the agreed un it prices to the quantities of Work proposed will create a hardsh ip on t he Owner or the Contractor, the applicable unit prices shall be equitably adjusted to prevent such ha rdsh ip . If the Contractor claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A , (2) any order by the Arch itect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault , or (3) any written order for a minor change in the Work , the Contractor shall make such cla im . L-2 CLAIMS FOR ADDITIONAL COST OR TIME : If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract T ime , he shall give the Arch itect wr itten notice thereof with in a reasonable time after the occurrence of the event that gave rise to such claim . This notice shall be given by the Contractor before proceeding to execute the Work , except in an emergency endangering life o r property in which case the Contractor shall proceed in accordance with Section J . No such claim shall be valid unless so made . Any change in the Contract Sum or Contract Time resulting from such claim , if approved by the Owner , shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES : Should any change in the work or extra work be ordered , t he following applicable percentage shall be added to Material and Labor costs to cover overhead and profi t: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent (15 %). 2 . Allowance to the Contra ctor for overhead and pro fi t for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent (10 %). L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order m inor cha nges in the Work not involving an adjustment in the Contract Sum or an extension of the Contract T ime and not inconsistent with the intent of the Contract Documents . Such changes may be effected by Field Order or by other written order . Such changes shall be confi rmed in writing by the Arch itect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue wr itten Field Orders which interpret the Contract Documents , or which order minor changes in the Work w ithout change in Contract Sum or Contract T ime . The Contractor shall carry out such Field Orders promptly . SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK : If any Work should be covered contrary to the request of the Owner , it must be uncovered for observation and replaced, at the Contractor's expense . If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Spec ificat ions , the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications , the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M -2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as fail ing to conform to the Plans and Specifications whether observed before or after Substantial Complet ion and whether or not fabricated , installed or completed . The Contractor shall bear all costs of correcting such rejected Work , including the cost of t he Architect's additional service thereby made necessary . If, w ithin one year after the Da te of Substantia l Completion or wit hin such longer period of time as may be prescribed by law or by the terms of any applicable spec ial guarantee required by the Cont ract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice f rom the Owner to do so , unless the Owner has previously given the Contractor a written acceptance of such condition , describing same specifically and not gene rally . The Owner shall give such notice promptly after d iscovery of the cond it ion . All such defect ive or non-conforming work und er the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply wi t h the Contract Documents without cost to the Owner . The Contractor shall bear the cost of ma king good all work of separate contract ors destroyed or damaged by such remova l or correction . General Conditions for Fa cility Construct ion Lump Sum Contract Rodeo Plaza Renovat ion , October 200 7 Page 23 of 26 If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter , the Owner may upon ten additional days ' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services . If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued . If the payments then or thereafter due the Contractor are not sufficient to cover such amount , the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work , the Owner may correct it in accordance with Section G . The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work , he may do so instead of requiring its removal and correction , in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum , or, if the amount is determined after final payment , it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR : If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction , through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor , or if the work should be stopped for a period of 30 days by the Contractor for the Owner's fa ilure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' written notice to the Owner , terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt , or if he makes a general assignment for the benefit of his creditors , or if a receiver is appo inted on account of his insolvency , of if the Contractor refuses , except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials , or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with al Laws , Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction , or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that suffic ient cause exists to justify such action , may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any , seven (7) days ' written notice , terminate the employment of the Contractor and take possession of the site and of all materials, equipment , tools , construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished . If the costs of finishing the Work , including compensat ion for the Architect's additional services . exceed the unpa id balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate th is contract in whole , or from time to time, in part, whenever such termination is in the best interest of the City . Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective dale of termination . After receipt of termination the Contractor shall : a) Stop work under the Contract on the date and to the extent specified on the notice of terminati on . b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination . After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed ; provided , however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments , if, any otherwise made . Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim . In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph , such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth , and the decision by the City Council of the City of Fort Worth shall be final and bind ing upon all parties to this contract SECTION 0 SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance w ith the Specifications for "Project Designation Signs ." This sign shall be a part of th is Contract and shall be included in the Contractor's Base Bid for the Project. General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 24 of 26 SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish , erect, and maintain facil ities and perform temporary work required in the performance of this Contract, including those shown and specified . P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project , subject to reasonable directions by the Contractor as to their proper and most efficient utilization . P-3 MAINTENANCE AND REMOVAL : The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under $1 ,000,000 . Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City . The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1 ,000 ,000 .00, the Contractor shall provide a separate field office for the City 's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting , and a shelf large enough to accommodate perusal of the project drawings . Openings shall have suitable locks . Field offices shall be maintained for the full time during the operation of the work of the Contfact. During cold weather months , the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday . During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract , the Contractor shall remove the building from the premises . In addition to the drawing shelf, provide for the City field representatives office: one deck, four chairs , plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed, or as directed . P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described above . Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax lines and instruments for the City and the Contractor. P-6 TOILET FACILITIES: The Contractor shall provide proper , sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period . These meters will be read and the Contractor will be billed on this actual use . The Contractor shall provide all labor and materials required to tap into the utilities . The Contractor shall make the connections and extend the service lines to the construction area for use of all trades . Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies , etc. will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required . Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps , tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required . Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines, lights, heating plant , air conditioning system, pumps , and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting . Supply and mainta in temporary lighting so that work of all trades may be properly and safely performed , in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a socket voltage of at least 11 O volts. Use at least 100-watt lamps . In any event , the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas . P-8 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat , ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes . All such heating, ventilation and services shall be provided and ma intained until final acceptance of all work . In addition, the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all limes during the placing, setting and curing of concrete provide sufficient heat lo insure the healing of the spaces involved to not less than 40 F. General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation , October 2007 Page 25 of 26 b) From the beginn ing of the application of drywall and during the setting and curing period , provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting , decorating and laying of resilient flooring materials , provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION: The Contractor shall prov ide , maintain , and remove upon completion of the work all temporary rigging , scaffolding , hoisting equipment , rubbish chutes , ladders to roof , barricades around openings , and all other temporary work as requ ired to complete all work of the Contract . Contractor shall coordinate the use and furnishing of scaffolds w ith his sub-contractors. The Contractor shall provide , maintain , and remove upon completion of the work , or sooner, if authorized by the Owner , all fences, barricades , lights , shoring , pedestrian walkways , temporary fire escapes, and other protective structures or devices necessary for the safety of workmen , City employees , equipment , the public and property . All temporary construction and equipment shall conform to all regulations, ord inances, laws and other requirements of the authorities having jurisdiction, including insurance companies , with regards to safety precautions , operation and fire hazard . The Contractor shall provide and maintain pumping facilities, including power, for keeping the site , all times, whether from underground seepage, rainfall, drainage of broken lines . The Contractor shall maintain provision for closing and locking the building at such time as possible to do so . If this is not feasible , maintain a night The Contractor shall provide and maintain all barricades or enclosures , required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified . P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish , install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking . The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work . The following information which w ill be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a . The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Informat ion Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. c. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract , venue for said action shall lie in Tarrant County , Texas . General Conditions for Facility Construction Lump Sum Contract Rodeo Plaza Renovation, October 2007 Page 26 of 26 •~ ENGINEERING, INC. February 19, 2007 Report No. 125-06-24 Huitt-Zollars, Inc. 500 West ih Street, Suite 300 Fort Worth, Texas 76102 Attn: Mr. William Hoelscher, AIA Dear Mr. Hoelscher: GEOTECHNICAL ENGINEERING SERVICES RODEO PLAZA RENOVATIONS FORT WORTH, TEXAS 7636 Pebble Drive Fon Worth, Texas 76118 www.cmjeugr.com Submitted here are the results of a geotechnical engineering study for the referenced project. This study was performed in general accordance with our Proposal No. 06-1713 dated November 6, 2006. The geotechnical services were authorized on December 11, 2006 by Ms. Roxanne Pillar, P.E., Vice-President of Huitt-Zollars, Inc. Engineering analyses and recommendations are contained in the text section of the report. Results of our field and laboratory services are included in the appendix of the report. We would appreciate the opportunity to be considered for providing the construction consultation services during the construction phase of this project. We appreciate the opportunity to be of service to Huitt-Zollars, Inc. Please contact us if you have any questions or if we may be of further service at this time. _,,,,,,,, --iE. OF ts: '" --<,.~ ••••••• . ..}-11:, ,~ .. ····*···-~~<1,JI •• .. •• * ,. I . • ~ ~ . . ...................... : .. 1 .. s;r: _,..--.·,~·""" ..... fl~g§.M •. ~~91S§Q!'LJ ~\ { 46088 <:,/$i! Charles M. Jackson, . E. 't 0.:·-.(c e :'N & ~, ••• ~Y Senior Geotechnical Consultant --~,.s.s············~0-:_,. Texas No. 46088 I I , ... ((?NAL € ... t, 19 07 ,,,~- copies submitted: (3) Mr. William Hoelscher, AIA; Huitt-Zollars, Inc. Phone (817) 284-9400 Fax (817) 589-9993 Metro {817) 589-9992 TABLE OF CONTENTS Page 1 . 0 I NT ROD U CTI ON ----------------------------------------------------------------------------------------------------1 2.0 FIELD EXPLORATION AND LABORATORY TESTING --------------------------------------------------2 3 .0 SUBSURFACE COND ITJONS ------------------------------------------------------------------------------------3 4 .0 FOUNDATION RECOMMENDATIONS --------------------------------------------------------------------5 5. 0 FL 00 R SLABS -------------------------------------------------------------------------------------------------------8 6 .0 EXPANSIVE SOIL CONSIDERATIONS----------------------------------------------------------------------11 7 .0 SEISMIC CONSIDERATIONS------------------------------------------------------------------------------------12 8.0 EARTHWORK ---------------------------------------------------------------------------------------------------------12 9.0 . CONSTRUCTION OBSERVATIONS -------------------------------------------------------------------------15 10.0 REPORT CLOSURE------------------------------------------------------------------------------------------16 APPENDIX A Plate Plan of Borings -----------------------------------------------------------------------------------------------------------A.1 Unified Soi I Classification -------------------------------------------------------------------------------------------------A.2 Key to Classification and Symbols---------------------------------------------------------------------------------------A3 Logs of Borings--------------------------------------------------------------------------------------------' ------A.4 -A.6 Free Sw e II Test Res u Its --------------------------------------------------------------------------------------------------A. 7 1.0INTRODUCTION 1.1 Project Description The project site is located along Rodeo Plaza between Stockyards Boulevard and East Exchange Avenue in Fort Worth, Texas. The project, as currently planned will consist of three structures as follows: • Entry Gateway -Two 8-foot square columns with a connecting cover spanning Rodeo Plaza; light structural loads • New Gazebo/Bandstand -Four Columns supporting a clay-tile roof; light structural loads • Canopy cover for riding corral -CMU walls supporting laminate beams, that support metal standing seam roof; arcade between canopy and gazebo; light structural loads Structural loads are anticipated to be relatively light and no basements are planned. Plate A.1, Plan of Borings, presents the approximate locations of the exploration borings. 1.2 Purpose and Scope The purpose of this geotechnical engineering study has been to determine the general subsurface conditions, evaluate the engineering characteristics of the subsurface materials encountered, and develop recommendations for the type or types of foundations suitable for the project. To accomplish its intended purposes, the study has been conducted in the following phases: (1) drilling sample borings to determine the general subsurface conditions and to obtain samples for testing; (2) performing laboratory tests on appropriate samples to determine pertinent engineering properties of the subsurface materials; and (3) performing engineering analyses, using the field and laboratory data to develop geotechnical recommendations for the proposed construction. The design is currently in progress and the locations and/or elevations of the structure could change. Once the final design is near completion (SO-percent to 90-percent stage), it is recommended that CMJ Engineering, Inc. be retained to review those portions of the construction documents pertaining to the geotechnical recommendations, as a means to determine that our recommendations have been interpreted as intended. Report No. 125-06-24 CMJ ENGINEERING, !NC. 1 .3 Report Format The text of the report is contained in Sections 1 through 10. All plates and large tables are contained in Appendix A. Th~ alpha-numeric plate and table numbers identify the appendix i n which they appear. Small tables of less than one page in length may appear in the body of the text and are numbered according to the section in which they occur. Units used in the report are based on the English system and may include tons per square foot (tsf), kips (1 kip = 1,000 pounds}, kips per square foot (ksf), pounds per square foot (psf}, pounds per cubic foot (pcf), and pounds per square inch (psi). 2.0FIELD EXPLORATION AND LABORATORY TESTING 2.1 Field Exploration Subsurface materials at the project site were explored by three (3) vertical soil borings. Borings B- 1 through B-3 were drilled to depths 0f 25 feet for the proposed structures. The borings were drilled using continuous flight augers at the approximate locations shown on the Plan of Borings, Plate A.1. The boring logs are included on Plates A.4 through A.6 and keys to classifications and symbols used on the logs are provided on Plates A.2 and A.3. Undisturbed samples of cohesive soils were obtained with nominal 3-inch diameter thin-walled (Shelby) tube samplers at the locations shown on the logs of borings. The Shelby tube sampler consists of a thin -walled steel tube with a sharp cutting edge connected to a head equipped with a ball valve threaded for rod connection. The tube is pushed into the soil by the hydraulic pulldown of the drilling rig. The soil specimens were extruded from the tube in the field, logged, tested for cons istency with a hand penetrometer, sealed, and packaged to limit loss of moisture . The consistency of cohesive soil samples was evaluated in the field using a calibrated hand penetrometer. In this test a 0.25-inch diameter piston is pushed into the relatively undisturbed sample at a constant rate to a depth of 0.25 inch. The results of these tests , in tsf, are tabulated at respective sample depths on the logs. When the capacity of the penetrometer is exceeded, the value is tabulated as 4.5+. Report No. 125-06-24 CMJ ENGINEERING, INC. 2 To evaluate the relative density and consistency of the harder formations, a modified version of the Texas Cone Penetration test was performed at selected locations. Texas Department of Transportation (TxDOT) Test Method Tex-132-E specifies driving a 3-inch diameter cone with a 170-pound hammer freely falling 24 inches. This results in 340 foot-pounds of energy for each blow. This method was modified by utilizing a 140-pound hammer freely falling 30 inches. This results in 350 foot-pounds of energy for each hammer blow. In relatively soft materials, the penetrometer cone is driven 1 foot and the number of blows required for each 6-inch penetration is tabulated at respective test depths, as blows per 6 inches on the log. In hard materials (rock or rock-like), the penetrometer cone is driven with the resulting penetrations, in inches, recorded for the first and second 50 blows, a total of 100 blows. The penetration for the total 100 blows is recorded at the respective testing depths on the boring logs. 2.2 Laboratory Testing Laboratory soil tests were performed on selected representative samples recovered from the borings. In addition to the classification tests (liquid limits and plastic limits), moisture content, unit weight, and unconfined compressive strength tests were performed. Results of the laboratory classification tests, moisture content, unit weight, and unconfined compressive strength tests conducted for this project are included on the boring logs. A swell test was performed on a specimen from a selected sample of the clays. This test was performed to help in evaluating the swell potential of soils in the area of proposed structure. The results of the swell test are presented on Plate A.7. The above laboratory tests were performed in general accordance with applicable ASTM procedures, or generally accepted practice. 3.0SUBSURFACE CONDITIONS 3.1 Soil Conditions Specific types and depths of subsurface strata encountered at the boring location~ are shown on the boring logs in Appendix A. The generalized subsurface stratigraphy encountered in the borings are discussed below. Note that depths on the borings refer to the depth from the existing grade or Report No. 125-06-24 CMJ ENGINEERING, INC. 3 ground surface present at the time of the investigation, and the boundaries between the various soil types are approximate. A concrete surface with a thickness of 5 to 7 inches is present at the borings. The concrete in Borings B-1 and B-2 is underlain by 11/2 to 2 inches of sand. Soils in the upper 1V2 to 4 feet are fill materials, brown, dark brown, and reddish-brown silty and sandy clays with gravel. The natural overburden soils consist of dark brown, brown, and tan silty clays and clays, often with calcareous nodules and gravel. Those silty clays below 9 to 11 feet were interbedded with gravel. The ·various clays encountered at the site had tested Liquid Limits (LL) of 45 to 52 and Plasticity Indices {Pl) of 31 and are classified as CL and CH by the uses. The various clayey soils were generally firm to very stiff (soil basis) in consistency with pocket penetrometer readings of 0.75 to over 4.5 tsf. Tested unit weight values were 90 and 113 pcf and tested unconfined compressive strength values were 1,480 to 7,730 psf. Tan to gray limestone was present in Boring B-3 at a depth of 21 feet. The tan and gray limestone is hard to very hard (rock basis), with a Texas Cone Penetration test value of 0.25 inch per 100 blows. Gray limestone was encountered in Borings B-1 and 8-2 at depths of 19 and 18.5 feet, respectively. The gray limestone is hard to very hard (rock basis), with Texas Cone Penetration test values of 0.0 to 0.5 inch per 100 blows. The Atterberg Limits tests indicate the clays encountered at this site are generally moderately active with respect to moisture induced volume changes. Active clays can experience volume changes (expansion or contraction) with fluctuations in their moisture content. 3.2 Ground·Water Observations The borings were drilled using continuous flight augers in order to observe ground-water seepage during drilling. Ground-water seepage was not encountered in Boring B-2 and B-3; however, water was noted at a 19-foot depth in Boring B-1. Report No. 125-06-24 CMJ ENGINEERING, INC. 4 Fluctuations of the ground-water level can occur due to seasonal variations in the amount of rainfall; site topography and runoff; hydraulic conductivity of soil strata; and other factors not evident at the time the borings were performed. During wet periods of the year, seepage can occur in the clays and tan limestone above the gray limestone. The possibility of ground-water level fluctuations should be considered when developing the design and construction plans for the project. 4.0FOUNDATION RECOMMENDATIONS . 4.1 General Foundation Considerations Two independent design criteria must be satisfied in the selection of the type of foundation to support the proposed structure. First, the ultimate bearing capacity, reduced by a sufficient factor of safety, must not be exceeded by the bearing pressure transferred to the foundation soils. Second, due to consolidation or expansion of the underlying soils during the operating life of the structure, total and differential vertical movements must be within tolerable limits. The recommended foundation alternatives for the proposed structure are discussed below. The moisture induced volume changes associated with the active clays present at this site indicate that shallow or near surface footings could be subject to differential movements of a potentially detrimental magnitude. The most positive foundation system for the proposed structure would be situated below the zone of most significant seasonal moisture variations. A deep foundation system transferring column loads to a suitable bearing stratum is considered the most positive foundation system. Straight drilled reinforced concrete shafts penetrating either the tan or gray limestones offer a positive foundation system and are recommended. Ground-supported floor slabs may be used if soils are conditioned to provide a moisture-conditioned pad below the building structures. 4.2 Straight Shaft Design Parameters 4.2.1 Design Criteria Recommendations and parameters for the design of cast-in-place straight-shaft drilled piers are outlined below. Specific recommendations for the construction and installation of the drilled piers are included in the following section, and shall be followed during construction. Report No. 125-06-24 CMJ ENGINEERING, INC. 5 Bearing Stratum Tan or gray LIMESTONE Depth of Bearing Stratum: Approximately 18% to 21 feet below existing grades Required Penetration/Depth: All piers should penetrate into the bearing stratum a minimum of 1 foot or minimum total depth of 20 feet, whichever is greater. Allowable End Bearing Capacity: 40,000 psf Allowable Skin Friction: Applicable below a minimum penetration of 1 foot into limestone; 6,500 psf for compressive loads and 4,000 psf for tensile loads. The above values contain a safety factor of three (3). In order to develop full load carrying capacity in skin friction, adjacent shafts should have a minimum center-to-center spacing of 3 times the diameter of the larger shaft. Closer spacing may require some reductions in skin friction and/or changes in installation sequences. Closely spaced shafts should be examined on a case-by-case basis. As a general guide, the design skin friction will vary linearly from the full value at a spacing of 3 diameters to 50 percent of the design value at 1 diameter. Settlements for properly installed and constructed straight shafts in the tan or gray limestone will be primarily elastic and are estimated to be one inch or less. 4.2.2 Soil Induced Uplift Loads The drilled shafts could experience tensile loads as a result of post construction heave in the site soils. The magnitude of these loads varies with the shaft diameter, soil parameters, and particularly the in-situ moisture levels at the time of construction. For design purposes, an uplift load of 700 psf over a shaft length of 1 O feet is estimated. This load must be resisted by the dead load on the shaft, continuous vertical reinforcing steel in the shaft, and a shaft adhesion developed within the bearing strata. In order to aid in the structural design of the reinforcement, minimum reinforcing should be equal to 0.5 percent of the shaft area. 4.2.3 Drilled Shaft Construction Considerations Drilled pier construction should be monitored by a representative of the geotechnical engineer to observe, among other things, the following items: • Identification of bearing material Report No. 125-06-24 CMJ ENGINEERING, INC. 6 . . • Adequate ·penetration of the shaft excavation into the bearing layer • The base and sides of the shaft excavation are clean of loose cuttings • If seepage is encountered, whether it is of sufficient amount to require the use of temporary steel casing. If casing is needed it is important that the field representative observe that a high head of plastic concrete is maintained within the casing at all times during their extraction to prevent the inflow of water Precautions should be taken during the placement of reinforcing steel and concrete to prevent loose, excavated soil from falling into the excavation. Concrete should be placed as soon as practical after completion of the drilling, cleaning, and observation. Excavation for a drilled pier should be filled with concrete before the end of the workday, or sooner if required to prevent · deterioration of the bearing material. Prolonged exposure or inundation of the bearing surface with water will result in changes in strength and compressibility characteristics . If delays occur, the drilled pier excavation should be deepened as necessary and cleaned, in order to provide a fresh bearing surface . The concrete should have a slump of 6 inches plus or minus 1 inch. The concrete should be placed in a manner to prevent the concrete from striking the reinforcing cage or the sides of the excavation. Concrete should be tremied to the bottom of the excavation to control the maximum free fall of the plastic concrete to less than 1 o feet, or focus concrete in the middle of the reinforcing cage to prevent segregation. A drilling rig of sufficient size and weight will be necessary for drilling and/or coring through the hard layers to reach the desired bearing stratum and achieve the required penetration . It should be anticipated that very hard zones can be present in the tan and gray limestones . The very hard layers can complicate pier drilling operations. In .addition to the above guidelines, the specifications from the Association of Drilled Shaft Contractors Inc. "Standa rds and Specifications for the Foundation Drilling Industry" as Revised 1999 or other recognized specifications for proper installation of drilled shaft foundation systems should be followed. Report No. 125-06-24 CMJ ENGI NEERIN G, !Ne. 7 4.3 Grade Beams All grade beams should be supported by the drilled shafts. A minimum 6-inch void space should be provided beneath all grade beams to prevent contact with the swelling clay soils. This void will serve to minimize distress resulting from swell pressures generated by the clays. Grade beams may be cast on cardboard carton forms or formed above grade. If cardboard carton forms are used, care should be taken to not crush the carton forms, or allow the carton forms to become wet prior to or during concrete placement operations. A soil retainer or trapezoidal void forms should be provided to help prevent in-filling of this void. Backfill against the exterior face of grade beams or panels should be properly compacted on-site clays . Compaction should be a minimum of 93 percent of ASTM D 698, at a minimum of 2 percentage points above the optimum moisture content determined by that test. This clay fill is intended to reduce surface water infiltration beneath the structures. 5.0 FLOOR SLABS 5.1 Potential Vertical Movements Lightly loaded floor slabs placed on-grade will be subject to movement as a result of moisture induced volume changes in the moderately active clays. The clays expand (heave) with increases in moisture and contract (shrink) with decreases in moisture. The movement typically occurs as post construction heave. The potential magnitude of the moisture induced movements is rather indeterminate. It is influenced by the soil properties, overburden pressures, and, to a great extent, by soil moisture levels at the time of construction. The greatest potential for post-construction movement occurs when the soils are in a dry condition at the time of construction . Based on the conditions encountered in the borings, potential moisture induced movements are estimated to be on the order of 2 inches for soils in a dry condition. 5.2 Structurally Suspended Floor Slab The most positive method of preventing slab distress due to swelling soils is to structurally suspend the interior slab. Due to the expansion potential of the site clays we recommend that the suspended floor slab be constructed on carton forms with a minimum 6-inch void space. Report No. 125-06-24 CMJ ENGINEERING, INC. 8 Care should be taken to assure that the void boxes are not allowed to become wet or crushed prior to or during concrete placement and finishing operations. Corrugated steel, placed on the top of the carton forms, could be used to reduce the risk of crushing of the carton forms during concrete placement and finishing operations. As a quality control measure during construction, "actual" concrete quantities placed should be checked against "anticipated" quantities. Significant concrete "overage" would be an early indication of a collapsed void. Provisions should be made to provide drainage from under any buildings. Ventilation of the void below the floors should be provided if high humidity can cause problems with floor tile adhesives. Vehicle or pedestrian ramps leading up to the buildings should be structurally connected to the buiJding grade beams to avoid abrupt differential movement between the building slab and the ramps. Transitioning details will be required at the points where ramps connect with paving and slab on grade elements. In addition, ramp slabs should be constructed so that slopes sufficient for effective drainage of surface water are still provided after potential differential movements. 5.3 Ground-Supported Floor Slabs In conjunction with drilled shafts, interior slabs can be placed on a prepared subgrade. Ground- supported floor slab construction only should be considered if slab movement can be tolerated. The level of acceptable movement varies with the user, bl!t methods are normally selected with the goal of limiting slab movements to about one inch or less. Reductions in anticipated movements can be achieved by using methods developed in this area to reduce on-grade slab movements. The more·commonly used methods consist of placing non-expansive select fill beneath the slab . and moisture conditioning the soils. The use of these methods will not eliminate the risk of unacceptable movements. Readers should understand that a ground-supported floor slab can heave considerably if placed on dry, expansive clays. The installation of a minimum of 1 foot of non-expansive select fill over a minimum of 3 feet of moisture conditioned clays should reduce potential movements to on the order of one inch. Moisture conditioning can be achieved by mechanically reworking the clays as described below. Slabs not capable of tolerating this level of movement should be structurally suspended. These recommendations should be reviewed once a grading plan is finalized. Report No. 125-06-24 CMJ ENGINEERING, INC. 9 Consideration should be given to extending the moisture cond itioning process beyond the building line to include entrances or other areas sensitive to movement. Outside the building, a single lift of select fill (6 to 8 inches) is recommended to minimize drying during construction. Soil treatments presented in this section are referenced as an alternative to the use of a structurally suspended slab. The owner must fully understand that if the flatwork is placed on- grade, some movement and resultant cracking within the flatwork may occur. This upward slab movement and cracking is usually difficult and costly to repair, and may require continued maintenance expense. These methods of treatment are presented as an option for the owner's consideration. The options may or may not be practical or economically feasible, depending on the expected performance of the proposed structure. The owner should be aware that this method will not prevent movement of soil-supported elements, and can only reduce the magnitude of the movement. A properly engineered and constructed vapor barrier should be provided beneath slabs-on -grade which will be carpeted or receive mo isture sensitive coverings or adhesives. In general, the following procedure is recommended to be performed to provide a moisture- conditioned pad: Mechanical Reworking of Near-Surface Clavs with 1' Select Fill Cap In general, the procedure is performed as follows: 1. Remove all existing pavements , surface vegetation, trees and associated root mats , organic topsoil and any other deleterious material. 2. Excavate surficial clays to a minimum of 3.5 feet below finished grade. Scarify the exposed clay subgrade, if present at the base of the excavation, to a depth of 8 inches, adjust the moisture, and compact at a minimum of three percentage points above optimum moisture to between 93 and 98 percent of Standard Proctor density (ASTM D 698). Over-compaction should not be allowed. 3. Fill pad to 1 foot below final grade using site excavated or similar clay soils. Compact in maximum 9-inch loose lifts at a minimum of three percentage points above optimum moisture to between 93 and 98 percent of Standard Proctor density (ASTM D 698}. Over-compaction should not be allowed. 4. Complete pad fill using a minimum of 1 foot of sandy clay/clayey sand non-expansive select fill with a Liquid Limit less than 35 and a Plasticity Index (Pl} between 4 and 16. The select fill should be compacted in maximum 9-inch loose lifts at minus 2 to plus 3 percentage points of Report No. 125-06-24 CM] ENGINEERING, INC. 10 the soil's optimum moisture content at a minimum of 95 percent of Standard Proctor density (ASTM D 698). The select fill should be placed within 48 hours of completing the installation of the moisture conditioned soils. 6.0EXPANSIVE SOIL CONSIDERATIONS 6.1 Site Drainage An important feature of the project is to provide positive drainage away from the proposed buildings. If water is permitted to stand next to or below the structure, excessive soil movements (heave) can occur. This could result in differential floor slab or foundation movement. A well-designed site drainage plan is of utmost importance and surface drainage should be provided during construction and maintained throughout the life of the structure. Consideration should be given to the design and location of gutter downspouts, planting areas, or other features which would produce moisture concentration adjacent to or beneath the structure or paving. Consideration should be given to the use of self-contained, watertight planters. Joints next to the structure should be sealed with a flexible joint sealer to prevent infiltration of surface water. Proper maintenance should include periodic inspection for open joints and cracks and resealing as necessary. Rainwater collected by the gutter system should be transported by pipe to a storm drain or to a paved area. If downspouts discharge next to the structure onto flatwork or paved areas, the area should be watertight in order to eliminate infiltration next to the buildings. 6.2 Additional Design Considerations The following information has been assimilated after examination of numerous projects constructed in active soils throughout the area. It is presented here for your convenience. If these features are incorporated in the overall design of the project, the performance of the structures should be improved. • Special consideration should be given to completion items outside the building areas, such as stairs, sidewalks, signs, etc. They should be adequately designed to sustain the potential vertical movements mentioned in the report. • Roof drainage should be collected by a system of gutters and downspouts and transmitted away from the structures where the water can drain away without entering the building subgrade. Report No. 125-06-24 CMJ ENGINEERING, INC. 11 • Sidewalks should not be structurally connected to any buildings. They should be sloped away from the buildings _so that water will drain away from the structures. • The paving and the general ground surface should be sloped away from the buildings on all sides so that water will always drain away from the structures. Water should not be allowed to pond near the buildings after a slab has been placed. • Every attempt should be made to limit the extreme wetting or drying of the subsurface soils since swelling and shrinkage will result. Standard construction practices of providing good surface water drainage should be used. A positive slope of the ground away from foundations should be provided to carry off the run-off water both during and after construction. • Backfill for utility lines or along the perimeter beams should consist of on-site material so that they will be stable. If the backfill is too dense or too dry, swelling may form a mound along the ditch line. If the backfill is too loose or too wet, settlement may form a sink along the ditch line. Either case is undesirable since several inches of movement is possible and floor cracks are likely to result. The soils should be processed using the previously discussed compaction criteria. 7.0SEISMIO CONSIDERATIONS Based on the conditions encountered in the borings for the above referenced project the IBC-2000 site classification is TYPE C for seismic evaluation. 8.0 EARTHWORK 8.1 Site Preparation The building areas should be stripped of vegetation, roots, old construction debris, and other organic material. It is estimated that the depth of stripping will be on the order of 4 to 6 inches. The actual stripping depth should be based on field observations with particular attention given to old drainage areas, uneven topography, and excessively wet soils. The stripped areas should be observed to determine if additional excavation is required to remove weak or otherwise objectionable materials that would adversely affect the fill placement or other construction activities. The subgrade should be firm and able to support the construction equipment without displacement. Soft or yielding subgrade should be corrected and made stable before construction proceeds. The subgrade should be proof rolled to detect soft spots, which if exist, should be excavated to provide a firm and otherwise suitable subgrade. Proof rolling should be performed using a heavy Report No. 125-06-24 CMJ ENGINEERING, INc. 12 pneumatic tired roller, loaded dump truck, or similar piece of equipment. The proof rolling operations should be observed by the project geotechnical engineer or his/her representative. 8.2 Placement and Compaction Fill material should be placed in loose lifts not exceeding 8 inches in uncompacted thickness. The uncompacted lift thickness should be reduced to 4 inches for structure backfill zones requiring hand-operated power compactors or small self-propelled compactors. The fill material should be uniform with respect to material type and moisture content. Clods and chunks of material should be broken down and the fill material mixed by disking, blading, or plowing, as necessary, so that a material of uniform moisture and density is obtained for each _lift. Water required for sprinkling to b~ing the fill material to the proper moisture content should be applied evenly through each layer. The on-site soils are suitable for use in site grading. Imported fill material should be clean soil with a Liquid Limit less than 50 and no rock greater than 4 inches in maximum dimension. The fill materials should be free of vegetation and debris. Excavated limestones may be used as fill provided they are properly pulverized to a maximum size of 4 inches with at least 50 percent passing the number 4 sieve. This gradation requirement is recommended to prevent the presence of voids around large rocks. Inclusion of 4 inch rocks in the top 6 inches in pavement subgrade areas could hamper proper mixing of soil and lime. The fill material should be compacted to a density ranging from 95 to 1 oo percent of maximum dry density as determined by ASTM D 698, Standard Proctor. In conjunction with the compacting operation, the fill material should be brought to the proper moisture content. The moisture content for general earth fill should range from 2 percentage points below optimum to 5 percentage points above optimum (-2 to +5). These ranges of moisture contents are given as maximum recommended ranges. For some soils and under some conditions, the contractor may have to maintain a more narrow range of moisture content (within the recommended range) in order to consistently achieve the recommended density. Field density tests should be taken as each lift of fill material is placed. As a guide, one field density test per lift for each 5,000 square feet of compacted area is recommended. For small areas or critical areas the frequency of testing may need to be increased to one test per 2,500 square feet. A minimum of 2 tests per lift should be required. The earthwork operations should be Report No. 125-06-24 CMJ ENGINEERING, INC. 13 observed and tested on a continuing basis by an experienced geotechnician working in conjunction with the project geotechnical engineer. Each lift should be compacted, tested, and approved before another lift is added. The purpose of the field density tests is to provide some indication that uniform and adequate compaction is being obtained. The actual quality of the fill, as compacted, should be the responsibility of the contractor and satisfactory results from the tests should not be considered as a guarantee of the quality of the contractor's filling operations. 8.3 Trench Backfill Trench backfill for pipelines or other utilities should be properly placed and compacted. Overly dense or dry backfill can swell and create a mound along the completed trench line. Loose or wet backfill can settle and form a depression along the completed trench line. Distress to overlying structures, pavements, etc. is likely if heaving or settlement occurs. On-site soil fill material is recommended for trench backfill. Care should be taken not to use free draining granular material, to prevent the backfilled trench from becoming a french drain and piping surface or subsurface water beneath structures, pipelines, or pavements. If a higher class bedding material is required for the pipelines, a lean concrete bedding will limit water intrusion into the trench and will not require compaction after placement. The soil backfill should be placed in approximately 4-to 6- inch loose lifts. The density and moisture content should be as recommended for fill in Section 8.2, Placement and Compaction, of this report. A minimum of one field density test should be taken per · lift for each 150 linear feet of trench, with a minimum of 2 tests per lift. 8.4 Excavation The side slopes of excavations through the overburden soils should be made in such a manner to provide for their stability during construction. Existing structures, pipelines or other facilities, which are constructed prior to or during the currently proposed construction and which require excavation, should be protected from loss of end bearing or lateral support. Temporary construction slopes and/or pennanent embankment slopes should be protected from surface runoff water. Site grading should be designed to allow drainage at planned areas where erosion protection is provided, instead of allowing surface water to flow down unprotected slopes. Report No. 125-06-24 CMJ ENGINEERING, !Ne. 14 Trench safety recommendations are beyond the scope of this report. The contractor must comply with all applicable safety regulations concerning trench safety and excavations including, but not limited to, OSHA regulations. 8.5 Acceptance of Imported Fill Any soil imported from off-site sources should be tested for compliance with the recommendations for the particular application and approved by the project geotechnical engineer prior to the materials being used. The owner should also require the contractor to obtain a written, notarized certification from the landowner of each proposed off-site soil borrow source stating that to the best of the landowner's knowledge and belief there has never been contamination of the borrow source site with hazardous or toxic materials. The certification should be furnished to the owner prior to proceeding to furnish soils to the site. Soil materials derived from the excavation of underground petroleum storage tanks should not be used as fill on this project. 8.6 Soil Corrosion Potential Specific testing for soil corrosion potential was not included in the scope of this study. However, based upon past experience on other projects in the vicinity, the soils at this site may be corrosive. Standard construction practices for protecting metal pipe and similar facilities in contact with these soils should be used. 8.7 Erosion and Sediment Control All disturbed areas should be protected from erosion and sedimentation during construction, and all permanent slopes and other areas subject to erosion or sedimentation should be provided with permanent erosion and sediment control facilities. All applicable ordinances and codes regarding erosion and sediment control should be followed. 9.0 CONSTRUCTION OBSERVATIONS In any geotechnical investigation, the design recommendations are based on a limited amount of information about the subsurface conditions. In the analysis, the geotechnical engineer must assume the subsurface conditions are similar to the conditions encountered in the borings. However, quite often during construction anomalies in the subsurface conditions are revealed. Therefore, it is recommended that CMJ Engineering, Inc. be retained to observe earthwork and Report No. 125-06-24 CMJ ENGINEERING, INC. 15 foundation installation and perform materials evaluation during the construction phase of the project. This enables the geotechnical engineer to stay abreast of the project and to be readily available to evaluate unanticipated conditions, to conduct additi9nal tests if required and, when necessary, to recommend alternative solutions to unanticipated conditions . Until these construction phase services are performed by the project geotechnical engineer , the recommendations contained in this report on such items as final foundation bearing elevations, proper soil moisture condition, and other such subsurface related recommendations should be considered as preliminary. It is proposed that construction phase observation and materials testing commence by the project geotechnical engineer at the outset of the project. Experience has shown that the most suitable method for procuring these services is for the owner or the owner's design engineers to contract directly with the project geotechnical engineer. This results in a clear, direct line of communication between the owner and the owner's design engineers and the geotechnical engineer. 10.0 REPORT CLOSURE The boring logs shown in this report contain information related to the types of soil encountered at specific locations and times and show li.nes delineating the interface between these materials. The logs also contain our field representative's interpretation of conditions that are believed to exist in those depth intervals between the actual samples taken. Therefore, these boring logs contain both factual and interpretive information. Laboratory soil classification tests were also performed on samples from selected depths in the borings. The results of these tests, along with visual-manual procedures were used to generally classify each stratum. Therefore, it should be understood that the classification data on the logs of borings represent visual estimates of classifications for those portions of each stratum on which the full range of laboratory soil classification tests were not performed. It is not implied that these logs are representative of subsurface conditions at other locations and times. With regard to ground-water conditions, this report presents data on ground-water levels as they were observed during the course of the field work. In particular, water level readings have been made in the borings at the times and under conditions stated in the text of the report and on ttie boring logs. It should be noted that fluctuations in _the level of the ground-water table can occur with passage of time due to variations in rainfall, temperature and other factors. Also, this report Report No . 125-06-24 CMJ ENGINEERING, INC. 16 does not include quantitative information on rates of flow of ground water into excavations, on pumping capacities necessary to dewater the excavations, or on methods of dewatering excavations. Unanticipated soil conditions at a construction site are commonly encountered and cannot be fully predicted by mere soil samples, test borings or test pits. Such unexpected conditions frequently require that additional expenditures be made by the owner to attain a properly designed and constructed project. Therefore, provision for some contingency fund is recommended to accommodate such potential extra cost. The analyses, conclusions and recommendations contained in this report are based on site conditions as they existed at the time of our field investigation and further on the assumption that . the exploratory borings are representative of the subsurface conditions throughout the site; that is, the subsurface conditions everywhere are not significantly different from those disclosed by the borings at the time they were completed. If, during construction, different subsurface conditions from those encountered in our borings are observed, or appear to be present in excavations, we must be advised promptly so that we can review these conditions and reconsider our recommendations where necessary. If there is a substantial la:pse of time between submission of this report and the start of the work at the site, if conditions have changed due either to natural causes or to construction operations at or adjacent to the site, or if structure locations, structural loads or finish grades are changed, we urge that we be promptly informed and retained to review our report to determine the applicability of the conclusions and recommendations, considering the changed conditions and/or time lapse. Further, it is urged that CMJ Engineering, Inc. be retained to review those portions of the plans and specifications for this particular project that pertain to earthwork and foundations as a means to determine whether the plans and specifications are consistent with the recommendations contained in this report. In addition, we are available to observe construction, particularly the compaction of structural fill, or backfill and the construction of foundations as recommended in the report, and such other field observations as might be necessary. The scope of our services did not include any environmental assessment or investigation for the presence or absence of wetlands or hazardous or toxic materials in the soil, surface water, ground water or air, on or below or around the site. Report No. 125-06-24 CMJ ENGINEERING, INC. 17 This report has been prepared for use in developing an overall design concept. Paragraphs, statements, test results, boring logs, diagrams, etc. should not be taken out of context, nor utilized without a knowledge and awareness of their intent within the overall concept of this report. The reproduction of this report, or any part thereof, supplied to persons other than the owner, should indicate that this study was made for design purposes only and that verification of the subsurface conditions for purposes of determining difficulty of excavation, trafficability, etc. are responsibilities of the contractor. This report has been prepared for the exclusive use of Huitt-Zollars, Inc. for specific application to design of this project. The only warranty made by us in connection with the services provided is that we have used that degree of care and skill ordinarily exercised under similar conditions by reputable members of our profession practicing in the same or similar locality. No other warranty, expressed or implied, is made or intended. These recommendations should be reviewed once a grading plan is finalized. * * * * Report No . 125-06-24 CMJ ENGINEERING, !NC. 18 GEOTECHNICAL ENGINEERING SERVICES RODEO PLAZA RENOVATIONS FORT WORTH Presented To: Huitt-Zollars, Inc. February 2007 PROJECT NO. 125-06-24 0, 3' " ... "' I (3 I ~ ..- 0 STOCKYARDS BOULEVARD ;;.-------------, E 0 C L[G[NO: Boring Location CM I ENGINEERING. INC. CMJ PROJECT No. 125-06-24 8-1 ~I Billy Bob's DI Canopy \+Gazebo B-2 Cowtown Coliseum Entry Gote EAST EXCHANGE A VENUE PLAN . OF 8 ORINGS RODEO PLAZA RENOVATIONS FORT WORTH, TEXAS a ·50 Approx,'male Scale PLATE A. I ~ N I 120 feet Major Divisions Grp . Sym. Typical Names Laboratory Classification Criteria C .Q Q) O .~ 0) ~ CfJ .ti '+-(l) (J) Cl) Q) > GW GP Well-graded gravels, gravel- sand mixtures, little or no fines Poorly graded gravels, gravel sand mixtures, little or no fines Dso (D3./ !fl C = ---greater than 4· Cc= -------between 1 and 3 ~ u~ . ~x~ ~ ~o~------------------~ ~ wU>E -~ °i ':{ E C) U)Ul~ ch ~ ·<5cii (I) ai Not meeting all gradati on requ i rements for GW Q) Q) I!? -~ > > <ll Cl) aJ O.c,::, 8 C, Ui----------~----------1 (J) E • 'i ":I-~ Liquid and Plastic limits CJ) l!! 0 ..,,.------+-----------! ·cn "' o . o'-'-o D OZ C\J ~ C <ll Ill ..c ..c C _,_. ci z C (J) <ll = ..c o-(J) ~ u Q) CJ) e> C Ill <ll £ Ca> 5 GM Silty gravels, gravel-sand-silt i c, c, ·= Liquid and plasf1c limits E · ::, below "A" 1·1ne or P.I. :;:: mixtures <Ii ! ! ! g plotting in hatched zone :Q):: ~o: lo f---+-----------i oN: ~oi ./:: =:lo _i---g_r_e_a_te_r_th_a_n_4_--t be:~:~~=~~:e:re w Liquid and Plastic limits ~ e? GC Clayey gravels, gravel-sand-·cn N : : Q) above "A" line with P.I. requ i ring use of dual c, I clay mixtures 'i ! j 1 i greater than 7 symbols aJ :bt---------------------~ ~= :5 ~ (J) gf SW Well-graded sands, gravelly :: ~ = ca ·;a -;;; 0>= Dso (D3 c/ ' Ill a> ·c ~ Q) gi 1ii 0 E (J) £ '6 E 1? :§ sands, little or no fines ~ ~ .~ rn g ci> § § m a o --------------5 i ~ J ~ N ~ Q) Poorly graded sands; .;:: :=. ..... c· cQ) 2 ·cii 0 'E SP gravelly sands, little or no ~ ,!::<I> ;;!. a~ Q)e Cu= 0 -greater than 6 : Cc= ---between 1 and 3 10 0 10 X D60 Not meeting all gradation requirements for SW (J) a> ~ fines v, .§ ~ ~ ...: a 1? ~ ·cn1-----+---+-----------!0 0 C. C\I C1------------,-----------1 £ <llglv '6 Ula> l()...-~ U> 0 . Q) rn c c ai Liquid and Plastic limits ~ -0 (J) c Silty sands, sand-silt c.» 2l Ill Ill c o o z ~ 5 SM m·1xtures ~ i .; £ £ N below "A" line or P .l. less Liquid and plastic limits g ==c-E a>e;;i:Ula>...-1 i ,s cil 00 e :g_ g :g c5 .8 than 4 plotting between 4 and 7 '6 a -·== ~ ~ !-------------~ [ C ,E ...J ~ 1()1-----------are borderline CaSeS £ ~ :§ :;:: ~ f ! Liquid and Plastic limits requiring use of dual ~ a ~ SC Clayey sands, sand-clay E -o ~ above 'A" line with P.I. symbols ~-U> a. mixtures ai 5i ~ _ ft. ai g. [{l greater than 7 -ClOu 0 l() a (J) .r:. >, ..... <ll ~ 0~ u~ C ~ <ll 0) ti).~ ~E Cl) = u 3 CT 2 ML CL Inorganic silts and very fine sands, rock flour, silty or clayey fine sands, or clayey silts with slight plasticity Inorganic clays of low to medium plasticity, gravelly clays, sandy clays, silty clays, and lean clays OL Organic silts and organic silty clays of low plasticity /v Slll--.-+---+---+--t---1----+--CH----/--t-v--,,,...i- 4:; MH / trV\-----+-------+---+-~l'-l/ _ ___, __ +---+---l Inorganic silts, micaceous or :g _/ diatomaceous fine sandy or £ • , 'P' OH a, d MH silty soils, elastic silts • ~ CH OH Inorganic clays of high plastic ity, fat clays Organic clays of medium to high plasticity, organic silts Pt Peat and other highly organ ic soils 2~ut---+---+--+----t-----,,''-----1"--t----+---;----t-----i V / CL ./ 7 1;-,~~~~=~~~&'='71 ML a 1d OL 4 V 0'--~--'----'---~-~--~-~-~--' 0 10 20 30 40 50 60 70 80 90 100 Liquid Limit Plasticity Chart UNIFIED SOIL CLASSIFICATION SYSTEM PLATEA.2 SOIL OR ROCK TYPES -a> =-GRAVEL - SILT HIGHLY PLAS11C CLAY LIMESTONE SHALE CONGLOMERATE Shelby Tube Auger Spl it Spoon Rock Cor e TERMS DESCRIBING CONSISTENCY, CONDITION, AND STRUCTURE OF SOIL Fine Grained Soils (More than 50% Passing No . 200 Sieve) Descriptive Item Penetrometer Reading, (tsf) Soft 0.0 to 1.0 Firm 1.0to1.5 Stiff 1.5 to 3 .0 Very Stiff 3.0 to 4.5 Hard 4.5+ Coarse Grained Soils (More than 50°/o Retained on No. 200 Sieve) Penetration Resistance Descriptive Item (blows/foot) Oto 4 4 to 10 10to 30 30to 50 Over50 Very Loose Loose Medium Dense Dense Very Dense Relative Density Oto20'% 20to40% 40to 70% 70to90% 90to 100% Contains appreciable deposits of calcium carbonate ; generally nodular Having irx:lined planes of weakness that are slick and glossy in appearance Composed of thin layers of varying color or texture Containing cracks, sometimes filled with fine sand or silt Cone Pen No Recovery Soil Structure Calcareous Slickerisided Laminated Fissured lnterbedded Composed of alternate layers of different soil types, usually in approximately equal proportions TERMS DESCRIBING PHYSICAL PROPERTIES OF ROCK Hardness and Degree of Cementation Very Soft or Plastic Soft Moderately Hard Hard Can be remolded in hand; corresponds in consistency up to very stiff in soils Can be scratched with fingernail Can be scratched easily with knife; cannot be scratched with fingernail Difficult to scratch with knife Very Hard Cannot be scratched with kn~e Poorly Cemented or Friable Easily crumbled Cemented Bound together by chemically precipitated material; Quartz, calcite, dolomite , siderite, and iron oxide are common cementing materials. Degree of Weathering Unweathered Slightly Weathered Weathered Extremely Weathered Rock in its natural state before being exposed to atmospheric agents Noted predominantly by color change with no disintegrated zones Complete color change with zones of slightly decomposed rock Complete color change with consistency, texture , and general appearance approaching soil KEY TO CLASSIFICATION AND SYMBOLS PLATEA.3 C!) z ~ 0 Ill u.. 0 C!) 0 _, Project No. I Boring No. Project ENGlNEERING INC. - Rodeo Plaza Renovations 125-06-24 B-1 Fort Worth, Texas CMJ Location Water Observations See Plate A.1 Seepage at 19' during drilling; water at 19' at completion Completion I Completion Depth 25.0' Date 2-8-07 Surface Elevation Type Auger: B-34 u: 0 1/) 0 Cl) 0 C: u: .c .0 C. .... 0) N C. E E 0 .5 0 #. ~u: -o .2 & >, OI Stratum Description • 'O ;,~ ~:~ Cl) rn rn -OI .?;-~...: 0 #. t&! . ~ 0~ ;:, :j t;:: Cl)"' ~ C: 0 0 ::, C: 0~ C: .... 'O 0 ·-ci :2 .... ti =f ; )( -Q) 8 a.c: u 0 ,!: C: LL: 1/) > "'-5-E "' Q) ·-C: == ui E::i \ w 0 ..212)~ ~.9! OI E OI 'O oo C: .0 C: 0 0 Cl'. Cl'. al [l. 1-: Cl.(/) ::J:.J a: ::J -C: :;Eu ::>...J ::>Ua. Cl.- -~ ..... CONCRET~ (6" thick) /F 4 .5+ 19 --\SAND (1 1/2" thick) / 2.0 20 --SILTY CLAY, brown , w/ gravel and ironstone 0 .75 30 --" nodules, firm to very stiff, fill r 3.75 52 21 31 26 90 .... -SIL TY CLAY, dark brown, w/ ironstone nodules and 3.0 28- gravel, stiff to very stiff ~5- L-- .... -4.0 24 .... - L-SILTY CLAY/GRAVEl,.interbedded, brown, w/ 4 .5+ 8 -10-sand , very stiff .... - -- -- --4 .5+ 17 -15- L-- L-- .... -.... -LIMESTON[; gray, hard to very hard 100/0.5" '-20-i .... - L-- .... - --100/0.25 -2:; E? ~------------------------ LOG OF BORING NO. B-1 PLATE A.4 r:::---:--:-,-:----,--,---------r----------------------------CMJ ENGINEERJNGINC - Project No. I Boring No. Project Rodeo Plaza Renovations (!) z 125-06-24 B-2 Fort Worth, Texas Location Water Observations See Plate A.1 Dry at completion Completion Depth 25 .0' I Completion Date 2-8-07 Surface Elevation Type 0 ~ .0 0. E E >, "' en en \ =I L.- '-5- .... - L.-- .... - .... - L.-- -- -15- .... - .... - .... - -- - - I- At.1ger: B-34 Stratum Description -=. CONCRETE; (5" thick) ,,;= \SANt>, (2" thick) JI SANDY SILTY CLA)'light brown and reddish-brown, w/ calcareous nodules and gravel, ..-.. firm to stiff, fill ~ SIL TY CLAY, dark brown, w/ gravel, stiff to very stiff SILTY CLAY/GRAVEl,.interbedded, brown , very stiff LIMESTONE; gray, hard to very hard ------------------------- ,Ji!. ~ 0 0 0 w a a::: a::: 0 0 o.~ N 0 ..; -g z rn~ !!:: QI C: (I) a::: • ·-Q) 3: C: u, (I)> ..2 Ql ~ ~.~ al 0.. I-o.. en 1.5 2 .25 1.5 1.25 2 .25 3 .5 4 .5+ 4.5+ 100/0" rno10.25 ~ 0 ~ 0~ ~ I!!-' 0 ·o :, C: :2 ..... tn.! ~~ :;:: )( 5-·E (I) QI ·-C: "'E .!!! -g Oo ::J::J a: ::J 0..-:::Eo 17 24 22 21 101 31 48 17 31 22 28 102 14 cit u.9 CT Ql "'en .§ ~ U) c: "-u 8 C. C: E:, C: 0 0 ::,on. 1480 6000 ii: 0 ::'.~-...L-J..l. __ _L ___________________ ...l..,. _ _L.._-L-------'-------'-------'---'---'---'---'-----1 0 g LOG OF BORING NO. 8-2 PLATE A.5 C!) z ii': 0 a, u. 0 CJ g Project No . I Boring No. Project Rodeo Plaza Renovations 125-06-24 8-3 Fort Worth, Texas Location Water Observations See Plate A.1 Dry at completion Completion I Completion Depth 25.0' Date 2-8-07 Surface Elevation Type Auger: B-34 it 0 (I) Q) £ .0 c ii E E >, cu Stratum Description Q) Cl) en 0 ;f!.. (.) \ w a: ..... =1u CONCRET!; (7" th ick) - r\SILTY/SANDY CLA'(dark brown and r ..... reddish-brown, w/ gravel, very stiff, fill ..... SIL TY CLAY, dark brown, w/ calcareous nodules, very stiff -II -h ,r SIL TY CLAY, brown and tan, w/ calcareous 1--5- ~ -nodules , very stiff I-- ..... --- '-10- ..... -SIL TY CLA Y/GRA VE\,.interbedded, brown, very ~ -stiff -- ..... - 1--15--- ..... - ..... - ..... - 1--20- ..... -LIMESTONI; tan and gray, hard to very hard ..... -~ ..... - ..... - r-2: P-. ~------------------------ ~ LOG OF BORING NO . 8-3 CMJ ENGINEER.lNG INC. - 0 0 C: ii'. ... oi N o .5 0 ,ft. 3 u: ,:,.2 c:i- r{Kl ~~ ~:~ ~ a> -c:-:,; ,ft. ,ft. o;;! ~c: '€ e {! u'i~ . C: OQ ·-Cl) 'O ~;ti .:; )( -Q) 0 Q. C: 0 ;: C: u., ~ 6, ·5 :ti (/)-(/) Q) -C: ~ en o E :, 0 ..Q Q) ~ CU.-c-E cu E cu 'O oo C: ..c C: 0 0 a: co Cl. f-Cl.C/J ::::i ::::i O::::::i 0::E :::Eu :, ....I :)(.)Cl. 4 .0 11 4.0 22 4.0 20 4 .5+ 45 14 31 17 4 .5+ 17 4 .5+ 17 113 7730 4.5+ 10 4 .5+ 11 h00/0 .25' PLATE A.6 FREE SWELL TEST RESULTS Project: RODEO PLAZA RENOVATIONS FORT WORTH, TEXAS Project No.: 125-06-24 Fee swell tests performed at approximate overburden pressure CMJ ENGINEERING, INC. PLATEA.7 CITY OF FORT WORTH , TEXAS CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: This agreement made and entered into this the 30~h day of October AD ., 2007 , 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, AD . 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said City , hereinafter called OWNER, and Hasen Design Build and Development, Inc, d/b/a/ Hasen Construction Services 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 : RODEO PLAZA RENOVATION THE STOCKYARDS BETWEEN EXCHANGE AVENUE AND STOCKYARDS BOULEVARD FORT WORTH, TEXAS PROJECT NUMBER TPW2007-24 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools , appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth , which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to rece ive, 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 $1,261,711.00. The contract is as follows : Rodeo Plaza Renovation (October 2007) $ 454,076.00 Base Bid $ 770,452 .00 Alternate No. 1 (Arena Cover & Demolish Existing Gazebo) $ 138,475 .00 Alternate No. 2 (New Gazebo & Demolish Existing Gazebo) $1,363 ,003 .00 SUB-TOTAL $ 10,000.00 Minus Demolition in Alternate No. 1 (Included in Alt. No. 2) $ 9,425.00 Minus North Entrance gate, solar gate operator, foundation $ 38,592 .00 Minus 12 Lights Pole Type A and foundation $ 31,275.00 Minus 9 Light Poles Type Band foundation $ 12,000 .00 Minus 4 South Gateway Molly Sconces $ 101,292.00 SUB-TOTAL MINUS $1,261,711.00 TOTAL CONTRACT AMOUNT Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 165 calendar days. Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub- contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors a. WORKER'S COMPENSATION INSURANCE: • Statutory limits • Employer's liability • $100,000 disease each employee • $500,000 disease policy limit • $1 00, 000 each accident b . COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits : $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly . • The insurance shall include, but not be limited to , contingent liability for independent contractors, XCU coverage , and contractual liability . Rodeo Plaza Renovation (October 2007) c : BUSINESS AUTOMOBILE LIABILITY : • $1 ,000,000 each accident • The policy shall cover any auto used in the course of the project d: BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents . e . EXCESS LIABILITY UMBRELLA • $1 ,000,000 each occurrence ; $2,000 ,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. f . SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors , respectively, against damage claims which may arise from operations under this contract , whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. f. PROOF OF CARRIAGE OF INSURANCE : The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors , should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy . b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth , TX 76102, prior to commencement of work on the contracted project. Rodeo Plaza Renovation (October 2007) c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein . d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium . e . Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency . f . Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000. per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups . The Owner must approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j . Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery . k. In the course of the project , Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss . I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000 , the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility . Rodeo Plaza Renovation (October 2007) If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him , the liquidated damages outlined in the 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 four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in six counterparts with its corporate seal attached. xxxxxxxxxxxxxxxxxxRemainder of Page Left Blankxxxxxxxxxxxxxxxxxxxxxxxxxxx Rodeo Plaza Renovation (October 2007) Done in Fort Worth , Texas , this the lltz_day of /J o J A.O., 2007 . HASEN DESIGN BUILD AND DEVELOPMENT , INC., D/B/A/ HASEN CON TION S S APPROVAL RECOMMENDED : By : $~ ~ Robert &code, PE , Director Transportation & Public Works Dept Rodeo Plaza Renovation (October 2007) APPROVED: CITY OF FORT WORT~ /1)) By•~cit&L MarcOtt Assistant City Manager REC1J\D • _ . By ~~ MartyHenci ~ City Secretary THE STATE OF TEXAS TARRANT § § § Bond #AL800 1 PAYMENT BOND KNOW ALL BY THESE PRESENTS: COUNTY OF That we, (1) Hasen Design Build and Development, Inc, d/b/a/ Hasen Construction Services , as Principal herein, and (2) Contractors Bonding and Insurance Company , a corporation organized and existing under the laws of the State of (3) Washington as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of One Million, Two Hundred Sixty One Thousand, Seven Hundred Eleven Dollars ($1,261,711.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors , administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the c?C() day of () L± , 2007, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: RODEO PLAZA RENOVATION THE STOCKYARDS BETWEEN EXCHANGE AVENUE AND STOCKYARDS BOULEVARD FORT WORTH, TEXAS PROJECT NUMBER TPW2007-24 . NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH , that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Government Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void ; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code , as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN WITNESS WHEREOF , the duly authorized representatives of the Principal and the Surety have executed this instrument. Rodeo Plaza Renovation (October 2007) SIGNED and SEALED this 'l /0 day of ~D'Y , 2007 . ATTEST: (Principal) Secretary (SE AL) ~~ Witness as to Principal ATTEST: Secretary (SE AL) Hasen Desi gn Build and Developnent, Inc. dba Hasen Construction Services Address: 2501 Parkview Dr. , Suite 400 Fort Worth, TX 76102 Contractors Bondin g and Insur~ce Company SURETY By :~)~ Name: Staci Gross Attorney in Fact Address : 2999 N. 44th Street, Suite 450 Phoenix, AZ 85018 Telephone Number: (602)956-6000 NOTES : (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition , an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Rodeo Plaza Renovation (October 2007) THE STATE OF TEXAS TARRANT § § § Bond #AL800 1 PERFORMANCE BOND KNOW ALL BY THESE PRESENTS : COUNTY OF That we , (1) Hasen Design Build and Development, Inc, d/b/a/ Hasen Construction Services, as Principal herein, and (2) Contractors Bond ing a nd Ins ura nce Co mpan y , a corporation organized under the laws of the State of (3 ) Washing ton and who is authorized to issue surety bonds in the State of Texas , Surety herein , a re held and firmly bound unto the City of Fort Worth , a municipal corporation located in Tarrant and Denton Counties , Texas , Obligee herein , in the sum of One Million, Two Hundred Sixty One Thousand, Seven Hundred Eleven Dollars ($1,261,711.00) for the payment of which sum we bind ourselves , our heirs, executors , administrators , successors and assigns , jointly and severally , firmly by these presents . WHEREAS , Principal has entered into a certain written contract with the Ob li gee dated the '3(L__day of , .,.-_ -/j cf-: , 2007 , a copy of which is attached hereto and made a part hereof for all purposes , for the construction of RODEO PLAZA RENOVATION THE STOCKYARDS BETWEEN EXCHANGE AVENUE AND STOCKYARDS BOULEVARD FORT WORTH, TEXAS PROJECT NUMBER TPW2007 -24 . NOW, THEREFORE , the cond ition of this obligation is such , if t he said Principal shall faithfully perform the wo rk in accorda nce with the plans , spec ifications , and contract documents and shall fully indemnify and hold harm less the Obligee from all costs and damages which Obl igee may suffe r by reason of Princ ipal 's default, and reimburse and repay Obligee for all outlay and expense that Ob ligee may incur in ma ki ng good such default, t hen this obligation shall be void ; otherwise , to remain in full force and effect. PROVIDED , HOWEVER , that th is bond is executed pursuan t to Chapter 2253 of t he Texas Government Code , as amended , and a ll liabil ities on this bond shall be determined in accordance with the provis ions of such statute , to the same extent as if it we re copied at length herein . IN WITNESS WHEREOF , the duly authorized rep resentatives of the Principal and the Surety have executed th is instr ument. Rodeo Plaza Renov at ion (Oc tober 20 07) SIGNED and SEALED this f (p day of __ ~ ....... \ ..... C!:>.._V....__ __ , 2007 . ATTEST: Hasen Design Build and Developnent, Inc. dba Hasen Construction Services -Name.~~~a........1-~~~~~~:....a. (Principal) Secretary Title: f?rec:s~~ - (SE AL) ATTEST: Secretary (SE AL) NOTES: Address: 2501 Parkview Dr., Suite 400 Fort Worth, TX 76102 Contractors Bonding and Insurance Company SURETY By:GbfaL<J ~ Name : Staci Gross Attorney in Fact Address : 2999 N. 44th Street, Suite 450 Phoenix, AZ 85018 Telephone Number: (602)956-6000 (1) Correct name of Principal (Contractor). (2) Correct name of Surety. (3) State of incorporation of Surety Telephone number of surety must be stated. In addition , an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. Rodeo Plaza Renovation (October 2007) 1 YTiStJRsIflTiCE er of Attat>n+ rated i3n lrr ,: elir ! %mlbelr:... JUM TR, 0 8 13 347 Only an unaltered original of this Power of Attorney document is valid. A valid original of this document'is printed on gray l security paper with black and red ink and bears The seal of Contractors Bonding and Insurance Company (the -Company"). 'The original document contains a watermark with the letters "cbic" embedded in the paper rather than printed upon it. The ++ . watermark appears in the blank space beneath the words "Limited Power of Attorney" at the top of the document and is visible, when the document is held to the light. This document is valid solely in connection with the execution and delivery of ,,..' the bond bearing thenuanber indicated below, and provided also that the bond is of the type indicated below. This document is valid only if the bond is executed on or before the date indicated above. +I; ALL l�N 1Y fiE P12E$ENTB, that the Gomsany Baassereby snake>r oonst� taste wr 1 and appoint ;the failgr�nq. S3'ttE Dom,,€T gD�tLI�BgN and: S'�GI CR09 its rue �k! asxd:: ievr x 3 al4tta i.A Fgo t • ;riti f t� 1 p S+Te amd aathc�r� t h+ CQ fe7Gred 3 its name,,, pleca arn�; Stead, to <aacaeute, aetknoat edge � dal3ver> �kn: behalf :.af ompatnys {13 : aexsg aid Ai bonds 44tAdertal�ngs sf s ralryShi ► gfrren .fob =Y provided humor, :that'no such,araan snail ba atshprisaad to exeChte r 8aiivar ;;aa d ter Uw6r.t.41 I=q that shAll obi igactw the <Compa for any :. portaton of the paw] Stem thereof , in a sess of $1Q.. t#4{;!Q00, a �sd pro,VIA dt: further f that na AttoeY ass FAt Ssal7 hays; the at7ttlaor ts+ a iasua a 2�ifl .nr h I, tie undersigc.d scretaxy of Contractors Bung end Insurancearrtnv. a Certificate of Appointment and Resolutions of the Board of Directors The undersigned President and Secretary of Contractors Bonding and Insurance Company hereby certify that the President has appointed the Attomey(s)-in-Fact identified on the front side of this power of attorney, under and by the authority of the following resolutions adopted by the Board of Directors of Contractors Bonding and Insurance Company at a meeting duly held on December 15, 1993: RESOLVED, that the CEO, President, CFO, any Vice President, Secretary or any Assistant Secretary, and any other employee as may be specifically authorized by a particular board resolution (hereafter "Authorized Officer or Employee") may appoint attorneys-in-fact or agents with authority as defined or limited in the instrument evidencing the appointment in each case, for and on behalf of the Company, to execute and deliver and affix the seal of the Company to bonds, undertakings, recognizances, and suretyship obligations of all kinds; and any Authorized Officer or Employee may remove any such attorney-in-fact or agent and revoke any power of attorney previously granted to such person. RESOLVED FURTHER, that any bond, undertaking, recognizance, or suretyship obligation shall be valid and binding upon the Company: (i) when signed by the Authorized Officer or Employee and attested and sealed (if a seal be required); or (ii) when signed by the Authorized Officer or Employee, and countersigned and sealed (if a seal be required) by a duly authorized attorney-in-fact or agent; or (iii) when duly executed and sealed (if a seal be required) by one or more attorneys-in- fact or agents pursuant to and within the limits of the authority evidenced by the power of attorney issued by the Company to such person or persons. RESOLVED FURTHER, that the signature of any Authorized Officer or Employee and the seal of the Company may be affixed by facsimile to any power of attorney or certification thereof authorizing the execution and delivery of any bond, undertaking, recognizance, or other suretyship obligations of the Company (unless otherwise specified in the power of attorney itself); and such signature and seal when so used shall have the same force and effect as though manually affixed. RESOLVED FURTHER, that all previous resolutions of the Board of Directors concerning powers of attorney and attorneys-in-fact remain in full force and effect; that all forms of powers of attorney previously or in the future approved by the Board of Directors, including, but not limited to, so called "fax or facsimile powers of attorney", where the entire power of attorney is a facsimile, remain in full force and effect; and that one form of a power of attorney may be attached to one bond (for example, the form for which this resolution is a part may be attached to a bid bond), and another form of power of attorney may be attached to another bond (for example, a fax power of attorney may be attached to the final bond for a project for which the different form of power was attached to the bid bond) without affecting the validity of either power of attorney or bond. IN WITNESS WHEREOF, Contractors Bonding and Insurance Company has caused these presents to be signed by its president and secretary, and its corporate seal to be hereunto affixed this 13th day of May, 2004. State of Washington County of King ~oo S,rliio, l'res,a..., ~-----Attest: R. Kirk Eland, Secretary ----. _ ... On May 13, 2004 before me, Brenda J. Scott Notary Public, personally appeared Don Sirkin and R. Kirk Eiand-pyr~onal :.:kn~to me to be the persons whose names are subscribed to the within instrument, and acknowledged to me all that they exec ted tae same::~ their authorized capacities and that by their signatures the entity upon behalf of which they acted executed thl".-instrurnent. :::::- WITNESS my hand and official seal. Signature_-,1~ ........ Mfloa....::tfa.~~ .......... lrff--..._,c ___ _ Brenda J. Scott, Notary Public (seal) ~'''''""'''' ..," : ..... . .,. _. .. ,.,~ J a,.!l, . §~r,;.·"""'';,,,;."'O.Z,,f ·• :: #£ ~,-..,.o/··· . = j +OV..1-\\ ~ ~ t -. • •i ~ ~ ., • C, s .... ;,_: .. ~ ,,.\..~ = ... :: \ Yl4,e,.f.30.0j_a"' ... ._off i11 -ff' '"''"""'''\: .J,,._o : 111 01t WAS'ii.'-r ,$" ,,.,,,"'""'''''""' CBIC CONTRACTORS BONO!NG ANIJ INSURANCE COMPANY IMPORTANT NOTICE To o btain information or make a comp lair.t: Hoene Oifi.c,e: ~1 t 2 V:i !!~1 .Scre~c r-.o. ea" 92.i , S~ac~le . """A 96 109-0<'.~1 (2.0 6) 62.:?,iO~: <13001 765-CB ;c Nac icn;;i (2.:l 6) J82 ·962:? F..l.X You may contact the Texas De;,artment of In.surance to obtc:i.in irJ'ormation or. compa.nie!:, coverage!:, rights or complaint:S at: 1 (800) 252-3439 You may write the Te..xas Department of rnsurance at: P.0 Box 149104 Aus~-'1, TX 787:4-9104 FAX~ (5 :i.2) 4:75-1771 PREMIUM OR CLAIM DISPUTES Should you have a dispute concerning your premium or about a clai::n you shouk: contact the agent or t.i.':e company first. If the dispute i.s not resolved, you may cont:Lct the Texas :Uepartme:nt of In.surar:ce. ATIACH THJS NOTICE TO YOUR PCLICY: This notice is for information only 2.nc. does not become a par.: or cor..c.ition of :he attached doc..:ment. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3 .23 of Vernon's Annotated Civil Statutes, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project RODEO PLAZA RENOVATION THE STOCKYARDS BETWEEN EXCHANGE AVENUE AND STOCKYARDS BOULEVARD FORT WORTH, TEXAS PROJECT NUMBER TPW2007-24 STA TE OF TEXAS COUNTY OF TARRANT Title (}c.J 39 , d9P :t ' Date BEFORE ME, the undersigned authority, on this day personally appeared :f. £::tr!F~ ~JV'l:'Ah ~ ,]?: . , 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 :bl, .41t--,u lac,;'(+r L tcb1-J k,.n& (:1:75> for the purposes and considerations therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this -~ ......... '-~-----day of $'-S¥}'~;:;,;,,, SUSANL ;:..:..· ~W,;.;.;INc;;..:KL:,;.,.ER..-===--1-1----~....q."'---""==-d-.--)1-~...c....:::.l.LJ-;.:c..-=::.__ _____ _ fi~n No~~l~~1~issi~~·E~pl~::s otary Public in and for the State of Texas ~~~;.;,~}~ S•p1ember l 5, 201 o ,,,,.,.,,,, (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. Rodeo Plaza Renovation (October 2007)