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Home My WebLink About025334 - Construction-Related - Contract - Phoenix I Restoration and Construction, Ltd.� • CITY SECRETARY (�.�stttsC�O��t: ��" CONTRACT NO �� r --� Cot�cr� �` ��C�NTRACIC?Q'S aaNDIN6 C0. �- THE CITY OF FORT WORTH, TEXAS --�.��frFCRETARY � cmr r�uau►a�rs o�c� `' WILL ROGERS AUDITOI�IUM ��' '� VVII,I, ROGER� 1VIEM012IAL CEIiTTElZ n � F'OT aTH �. � . �: .� .� �� c � L .� � � � � � �, . � �Nl�TTETI� BA� MAYOR BOB TERRELI, CITY MANAGER HUGO MALANGA, P. E. DIRECTOR, TRANSPORTATION AND PUBLIC WORKS KIRK STRICKLAND PUBLIC EVENTS DIRECTOR JIJLY, 1999 � ; _;;Cy��C�B�� G?�C�� :; �� G?�`I�^ G�� o , �G��Io 4��e — , / G� From: �ke Mathews 817-871-8488 To: L'nda Tayrior Date: 7J28199 Tima:14:33:00 � � . � � � � � a a � � � � a � � � � � � CITY OF FORT WORTH TRANSP4RTATION AND PUBLIC WORKS DEPARTMENT AODENDUM NO. 1 RENOVATION 4F THE WILL ROGERS AUDITORIUM Bid Opening Date: August 6,1999 (NO CHANGE) The Contract Documents and Specifications for the above referenced project are hereby revised and amended as follows: The Mandatory Prebid Conference was heid at 1 Q:00 AM, July 20, 1999. The following attended: City of Fort Worth: Mike Mathews Nancy Richardson Chris Harmon Danny Rose Contractors: Jerry Zaskoda Bob Prince Alan Odom Ken Williams Don Johnson Tony Rader Ken Davis Tiffany Pannell Roy Parr Jeff Rhoads Ronald Maddox Eugene Igbeka Glenn Fullerton Dale Glady Chief, Architectural Services 871-8274 871-8488 Architectural Services 871-8014 871-8488 WRMC, Manager 871-5988 871-�3170 WRMC, Operations Supervisor 871-8165 871-8170 Tyson Bidg. Corp. R.J.S. Painting Phoenix 1 Rest. & Const. K&S Coatings, Inc. AU I AUI Phoenix I Southcrest Phoenix I Painting Jones Blair Paint Maddox Engr. & Const. IKE Painting Co. Lonestar Pla�tering Ft. Worth 732-1471 732-1518 (972)513-19$5 (972)790-7749 {214)353-1 fi93 (214)353-1631 535-8085 535-8085 92fi-1t377 926-4387 926-4377 926-4387 353-1693 (214)363-1631 447-4367 (214�353-1693 (214)353-1631 732-3423 732-5071 922-8499 922-8819 (9�2)303-2352 (972)3Q3-2844 237-4044 237-2899 478-4078 483-4241 Addendum 1 Page 1 of 6 Page 1 af 6 l� � � l�l � � ��l � LJ � �� l■' l•i l�J lJ lJ I�J �'� From: Mik� M�hews 817-871-8488 To: Linda Taylor . Date: 7128159 Time:14:33:59 TECHNICAL SPECIFICATIONS Addendum to Section 01010- Summary of Work Page 2 of 6 01 PROJECT DESCRIPTION F.1. Altemate No.1: delete "plaster repair as required". First floor level removal af paint layers, verifv sound nlaster. scarifv alaster laver to receiv auickset apalication, paint orie base coat, paint two additional coats. Plaster repair to inclu e wall area at southeast side aisle #111. All additional plaster rep�ir to be included in chanqe orders. Paint ceilinq tile at sid � aisle #111 &#133 (color to match existinq). Paint door frames at walls to be repainted (color ta match existinal Protect doors to rema;n as existina, no paint. (Tvpical). F.2. Alternate No. 2: d alete "plaster repair as required". Second floor level rernoval of paint layers, verifv sound plaster, scarifv plaster laver to receiv� quickset applicatian, p�int one base coat, paint two additional coats. ' Plaster repair to inclu e restroom #301 ceilinq and wall. All additional alaster reaair to be in luded in chanae orders. Paint door frames at �valls to be repainted (color to match existinql. Protect doors to remalm as existinq. no paint. (Tvpical). F.3. Altemate No. 3 to be deleted. 02 CONTRACTOR USE OF Pf�EMISES 2. Base project (Prosceniur�) contractor will have control of facility without interruption from Deceml�er 13. 1999 throuah Jar�uary 21. 2000. , Additional da��s required Imay be added throuqh the stock show with continaencies includin4:, I 1. Leavinq no supplilas or debris in anv areas but thosc selected bv the facilitv manaa�r 2. Gvt di a�l�� niu�l I�a� d4l:CSb LV �ldll:Vl ly S{Jdl:t7 LVWtxI CJ �I Itl IdL�CI part of the stock ow as required bv facilitv manaaer 3. Contractor to pro ide e�ctreme caution for safetv of aublic. 5. Air supplv and return will be turned off in the f�cilitv durina work� except as reauired b�'� facilities manaaer far events as sliown abave or bv contractor. Heat nav be provided bv steam heat at the staae area. � Aulendum 1 Page 2 of 6 IL�J � l� Fram: Mik� Malhewa 817-871-8488 To: LindaTaylor Date:7/28199 Time:1t:35:00 Page 3 of 6 Addendum to Section 02060 � � f■�. � � l�j l■J � � C'' l�J � � L�l � � 02060- SURFACE PREPARATI�N 01 SCOPE A. Remove ail paint layers to sound plaster base. Last 2 lavers of paint were found to be alkyd base. ScarifV smooth plaster to receive thin application of USGVpsum Imperial Brand Basecoat or equal to provide smooth surface. 03 PROTECTIVE BARRIERS ANQ C4VERS A. Pravide demolitian materials, barriers, protective covers to fixed seats and carpet to complete the work as specified to ensure that no part of the renovation is damaging to existing finishes and equipment during the construction period. Ceilinq tile in side aisles #111 and #133 to be reaainted. Doar frames to be repainted. Protect painted doors to remain as existina. Addendum to Section 92200 92200- PLASTER 01 GENERAL Fumish all labor, materials, equipment, and services for a complete installation of all plaster work, as shown on the drawings and as hereinafter spec�ed, but not limited to the following: A. Plaster repair for proscenium in Base Bid to consist of fillinq voids with thin aaplication of non-lime containinq products, such as USGvpsum Imaerial Brand Basecoat or equal, to provide smooth surface to match existina. � B. Plaster repair for Altemate #1 to include plaster application as in Base Bid. with the exception of a 3-coat plaster patch on the southeast side aisle #111. � C. Plaster repair for Altemate #2 to include alaster ap�lication as in Base Bid. with the exception of 3-coat plaster patches in Restroom #301. Addendum 1 Page 3 of 6 �� 1 1 1 1 � � Fran: Mik4 M�hews 817-871-8488 To: L'nda Taylor Dats: 7128/99 Timr 14:35:54 Page 4 of 6 02 INSTALLATION B. Plaster 11. Cure time for thin application of finish plaster to be 2 days. (Exceations noted above.) 3-coat plaster patch to be tesfed for condensation after completion by placinq an 18" x 18" clear piece of polv film: duct tape all edqes. Leave in place for 2-3 days. If condensation forms. wait ta aa�lv aaint. Acknowiedge the receipt of this addendum on your Proposa(. H. A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS �� Nancy Richardson, Architectural Services 817-871-8014, Fax 871-8488 RELEASE DATE: July 22, 1999 Addendum 1 Page 4 af 6 l�J � � L�J I�I � � Iwl �;l L�J lJ � L�1 LJ l�J � � � From: Mike Mathews 817-871-8488 To: Linda Taylor Date:7l281fl9 Tim�:14:36:31 PROPOSAL Revised Addendum 1 T0: MR. BOB TERRELL CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: WILL ROGERS AUDITORIUM RENOVATION W ILL ROGERS MEMORIAL CENTER 34�1 W. LANCASTER AVE. Page 5 of 6 Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications and the site, understands the amour� 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 Transpartation and Public Works of the City of Fort Wo�th. 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 Pertormance andlor Payment Bonds approved by the City af Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTI�N OF ITEMS Base Bid: (Proscenium, Front Walls} Add Altemate 1: (Fi�st Flaor, Stai�s 11, 13, Ceiling under Mezzanine} Add Altemate 2: (Level 2, Mezzanine, Balcony) Add Altemate 3: DELETE The undersigned agrees to perform the base bid within the dates of December 13. 1999 and January 21, 2000. Work on selected alternates will be completed within 180 Calendar days and be scheduled to avoid interference with Auditorium operations. 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 unde�signed are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fo�t Wotth City Code Section 13A-21 through 13A-29). Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state cor�tr�etors whose corporate offices or principal place of business are outside of the State of Texas} that bid projects for construction, Addendum 1 Page 5 of,� � From: Mik� M�hews 817-871-8488 To: Linda Taylor Date: 7/28/99 Tims:14:37:33 a. � Page 6 of 6 D � improvements, supplies or services in Texas at an amount lower than the lowest Texas resident � bidder by the same amount that Texas �esid�nt bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-residenYs principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident , bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidde�s � Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. f I■�� A. , L� Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. LI Non-resident vendors in (give state), are not required to underbid resident bidde�s. B� LI Our principal place of business or corporate offices are in the State of Texas. � Withi� ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver an approved Surety Bond for the faithful pertormance 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 bond are not executed within the time set forth, as Iiquidated damages far delay and additional work caused thereby. '�l I�J � � � � L�J � � � 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, conceming the MMIBE participation within FIVE BUSINESS DAYS of submittal of this Prapasal in orderto be RESPONSIVE. Respectfully submitted, Campany Name BY: . Signature Pririted Name of Principal Address: Street City Phone: Fax: Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No. 2: Addendum 1 Page 6 of 6 Title Zip .� u � O � � � � � � D a I � � � � � � � � From: Mike Malhews 817�871-8488 To: Linda Tayfor Date: 7/30/99 Time:18:0520 RENOVATION OF WILL ROGERS AUDITORIUM (PP+INTING) 7/30/99 � CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORkS DEPARTMENT ADDENDLiM NO. 2 . ,r�, . RENOVATIQN OF THE WILL ROGERS AUDITORIUM Bid Opening Date: August 12, 1999 (POSTPONED ONE WEEh� The Caniract Documents and Specitications far the above referenced project are hereby revised and amended as follows: TECHNICAL SPECIFICATIONS Sectiun 01010 - Summary of Work � Revise U1B to read: O1B Thz BASE BID consists of complete paint removal in the Proscenium area. Add Paragraph 03 as follows: Q3 RENiOVAL OF LEAD BASED PAINT A. The Gity of Fort WoRh, Deparirnent of Environinenta! Quality, has determined the existence uf lead in auditoriuin paint samples. See Pages AZ-2 tl�rou�h 5 of this Addendum. B. AlI paint shalt be removed in compliance with the 4ccupational Safenf Health Administration (OSHA} Lead in Consiructiun standard (29 CFR 1926.62). Acknowledge the receipt of this addendum on your Proposal. H. A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS : Nancy Richardson, Architectural Services 817-871-801�, Fax 871-8488 RELEASE DATE: July 30, 1999 ADDErIDUM 2 PAGE A2-] Page 1 of 5 From: Miks Mathews 817-871-8488 To: Linda Taylor Date: 7/30/D9 Time: 18:06:12 � . L�I � � � TO: FR4M: DATE: , . . , ,. - - ,..,,. l+iat�cy tidt�rdsase '�'rartsporlaHan/Pubftc Works MiCilae! Gange, �r. Eavirom�enql Sp�Cigli�t �ottlplit+noe RENOVATIONOF WILL ROt�ERS AUDITORIUM (PAINTING) 7/30i99 Fort �arth ��` t;��1Y[i�.71'�111t[�tt�tL MANAG�IV�£N t' Page 2 of 5 u '!'J LJ '� L�� L#I L�1 � Iq{y 30, i994 Sl.�BSF�i': W+�I lto�ens �lemaial Cvl�um —As�ditorium Ar�ea. .��. _.._�� '`�f Per your reques�, d�e Department of Env�-onrneniat Quality collect,�:J g paint �mp�as frOm t�e auditonum ��e� wails and �iting f� �nalys�s oft�ota! lead. The 5ampie5 col�ec�ted ar►d analytfca] resutt� are pre.9ertteti C,elaw and tne laboratory re�oa-t ls atfiaclled. �rgure �. d�i.ais t�e appraxlrna�te sample locatio+�s. I Rai�ti 5amp�les ?uiY 29. I�9� , ID�� Samrrk F�scripebn _ � 7ata! Lead ftt+4/1cg� WR Qi i.tqht qray uraii paint from eas� a�s(e near exit. I iY.300 � I YVR-0Z R.�d wall/tri�lip�irtt frt)rn east aisle t1e�r e7dG I �+.560 � ' VYR-03 Dar[c arav watf/trim paint fram east ats(e �ear exi�, ; g,41p exi= � Wft Q4 Qark qcay walf/[rIm Raint ft'om nactft fobby rte�r rrraiR e�dt._ 1,730 �WR-OS �qht �r�y vva(I paint frorn r� Jo�by near mai� �c1t. � 5,4�8i1 WR-45 fted wa(Iliri►n Daint fi�om north labbY �ear nnaitt e�at 3g0 ` � WR-07 8ltje Cel{tn4 qai� from r�orth tobb�y naar �st WaIL � �42 � WR-08 B(ue c�unq na'sc�t from narth lobbv at west end of main e�aC. 1 503 � Na�: j Sarr�r�las w2re anal�zed hv U.S. �nv3mnmentaf ProtQcnol'1 AaertiGv Metl�od 7�ZU. � Based an the exist�lce of Iead la the palnt plar�rted i�r renwval tt�e Contracbr(s) mu� � corrrpty with the C�ctdpatior�a[ Safety Heattie:Admirzt�tra�ion (�) Lead tn CQ►�strvc�an st�ndard (29 C�li 1926.62} alang witf� a�i other epplicaWe heaith a�t� s�fety regutations. � � � L�J P4ease oontact me at 871-85'92 offic�e ar 998-i996 pager w� any ques�:ion,. Th�rtk yau. ADDENDUM 2 PAGE A2 � ��J � � � ' 1 � � i � 1 I � � � � � � � ' From: Mike Mafhews 817-871-8488 To: Linda Taylor Date: l/30199 Timm:18:07:10 RENOVATION OF WILL ROGERS AUDITORIiTh,i (PAINTINGl7(30/99 • � �t�u�� - r� . . �...._....r. � � ,r��'� � ��ciM�� P�� t�c�t� ADDENDUM 2 PAGB AZ-3 � ��~� �, ,� � ,�„ w�•ar� L,��'� .r� . . - � ..I '"�� w�oi , .� :�:.�-�—� � , � , � � , �_.. ,�*�3 �',�,�c.� � �-ot � Page 3 of 5 r. �..,.,.�. � � � � L!'.I � � �� CI CI� � l'�J F^J � � l�J � From: Mike Malliews 817-871-8488 To: Linda Taylor Date: 7/3W99 Time:18:07:55 RENOVATION OF WILL RO(3ERS AUDITORIUM (PAINTING) 7/30/99 ' �'��.5 ��1• Forensic La vratoru � xn�xnc��•r ��,,�.7eae2 31T-�Z �s1T,295�39tCi July?�, 79g9 ► . �,►r.�«�rha � �s-c�wn�s. Rs � �Ke�u�usr:t, c[rs luh. Nfichael 11. t^i$rge Ciiy af Port Worth '1DOQ 7hrockn�ortrxti Str�aat • Fat YJcxth. TX TBia2-83i 1 . siGe' WFtMG f3aCeEE�ed: Juiy 29, t�39 24011Nest La�ncaster Sub'rn[tlbd_ 8 F*�Ir�3amples F'ort YWt'tF4 l7( . P.a.Nn.: EOOE2�3$3 tAEfOF�ATOfiY REPORI': 99i�{2520 �o�tu� EP11 MOthOd 7420 Lah � _, . _ ._ �@L�Cdott ., ,.,, _ .. Nurn6er ^ O�Srt Res�iptinn Test Req�l�sted Resufts ; Limii Un� �82f45t3 Wit-a1 iohf taed - - 1 i.3+D� ; � -- • rr�� es265�t � wRrU2 sorat leacf a,56o ,� o ,,,�yk� B62862 WR-03 7o2aE lead B,d90 : r 8 mglk� .' � WR.�I " %tal t� Z.TBU ' � 7 �� 682854 1Nit-0S Tata! le.ad 5�{I80 � 1 a mBfkq g$2855 1MR-06 Tpt�t lea� 38A 10 ►rg/k9 B�a6 1HEiA7 Total iead 342 ' ip r�ticy _ 882$5% WE�-08 --.- _ 7'O�! ICGd 50� i g ry�� ; 1 � � . J I44. CAtt1, M3. L.e�borelwy Di�Or I�Ia ' Acii[�tractg� MS��H,1�tH R�Pditatton i�o: 363 V{OB ?t�rt of S�vices HA eL.L�A ACc�d�ced A99.3�G.dx/an ' � Prooidi�g a W'orlrf nf Sernicrs �if ADDENDUM 2 PAGE A2-4 Page 4 of 5 0 r � � � � � � � � � � r � � � � � � � b d � � b � � � �� r`�Y1`t2�"�"Qf2�' .t't�Y'2YtSiC ��iflDYI��O?`"i�r �Yl�. ��r��«•c�l �:11.�:+�1.., �l�I_�___,_iZO�,t;tiStV� �oc.�,mc-�cw+ruu �r,�aa.r«�� eoi:.:ua� ai�,z�s�►9�t,� ez:,2rs""""saea�():�tr,N.�nr�000+ __._._..........T..._.__. �i.7roXlment3l 1J fy� � -- ......,�....� f'1 sM. �J� l!!i f . .... ......�.......�., , � C�xiiact: I�� i Prv�ecf; jf�lJi ( j �� AFL Case No,: � � l. k�� ;� ��-� c�} c''3 � c�ent: � `Sii� � ��f , (,� Dat�lte�c�'ived: �- �r�'�i `R � ,�. , j� Add�ess: I f. � -'TA3': •� it�utar Rush i�� : ,� . 5�mpler (� tabbtrvkaxequeexd � Qlrottc iJO.: �( �' .. . �,,• Fax No:. ,��L� . ��i ...._. ,T , � P.Q. Na: � TeAnp 0 Re�cetys�: �,4 . � ce i.ab SamP1s aJornwHoo Collecdon tnfa��t auan { C.'orWaa�s.lafa ,s � [�1a. � a t.oatlon MaL�i�c Data 'iime GIG '� Slse Pm, ,� 1� { � � tt1K-C�t i � dq / � - • . {-; a � �. (�-fD2.. ' U4pZ / _ � � . - CL? 0�'t}�I :� �. . .. . - WiZ- � U`1Qfr � , 7( � wf� - c.��r��s� .J X � . u�- a� �o �� . • ; � ORJL % E - � � � r � -� S �z��`t �i�� f t• / � _. � � � . .. . — '� ,.�.____---� �_.. . �.. �� - � i�f�4. Rc�� }SY' Q /J%% • / � L�� .euw �}' � � -. /� .. �.`..,.JL�� r... ��'� � � l�� - r� r' I 'r �etcm�ci �p; iorie ittrCivtd '�— • , _, `-.. csu��.� % '1 �� - '�.y � j �ct Lnb t9�-• _ j .. , . �. . � .� �rouiriing• a Wur1d nf S�mtee� ; '" U ! � . 3r1��,,��., ��P f �... _�% z O Y H °z �o r �� o o� �� H '� � r. l�' � I� � NOT{CE TO BIDDERS Sealed bids for Will Roge�s Auditorium F2enovation, Will Rogers Memorlal Center, 3401 W. Lancaster Ave, wili be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76147, until 1:30 P.M., Thursday, August b, 7989 and wiil be opened and publicly read aloud approximately thirly minutes later in the Council Chambers. A rnandatoty Pre-Bid Conference will be held at 10:00, Tuesday, July 20, �899, at the Will � Rogers Auditorium. 7he Project consists of hisivric interior plasfer and paint restoration. � 7he MWBE Goal for this project (s 2�,°f,4. Contactthe MWBE office (871-6104) to obtain lists of cer�fied subconVactors and suppilers. � Contractors wi11 be required to post Payment an8 Performance Bonds and provide Contractors Genera! Liability and Statutory Workers Compensation Coverage. Copies of the Project Manuai and plans for this project may be obtained at the Department of � Engineering Ptans Desk, City Hall, 1000 Throckmorton Street (817.871.7910) in return for a$50 deposif for each set. Fo� additiona! information contact Nancy Richardson, Architectural Services Section, TPW, 817-871-8014. Advertisement: Thursday, July 8, 1999 Thursday, July 15,1999 � � � � � i� l+�J I� ,� �� NTB-1 L� � � �� ' � � � � � � � �' � � � �� TABLE OF CONTENTS NOTICE TO BIDDERS NTB-1 TABLE OF CONTENTS TOC-1 INSTRUCTIONS TO BIDDERS ITB-1 to ITB-3 SPECIAL INSTRUCTION FOR BIDDERS (M/WBE) MWBE - 1 to 12 PROPOSAL P-1 to P-3 EXPERIENCE RECORD GENERAL CONDITIONS GC-1 to GC - 21 WEATHER TABLE WT-1 PROJECT DESIGNATION SIGNS PDS - 1 WAGE RATES WR - 1 TECHNICAL SPECIFICATIONS SEE NEXT PAGE CONTRACT C-1 to G2 PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW � T'OC - 1 �� I � � l�J L�J INSTRUCTIONS TO BIDDERS 1. PROPOSAL REQUIREMENTS: The following requirements are considered in judgina the responsiveness of a Proposal: • Use the Proposal Forrn provided in the Project Manual. • Entries on the Proposal Form may be handwritten or typed • Write in contract duration if not specified • Acknowledge all Addendums on the Proposal Form • Have a Principal sign the Proposal • Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard bid bond. Personal checks are not acce�table. Note Project Name on the check or bid bond 2. MINORITY/WOMENS BUSINESS ENTERPRISE fM/WBE) D If your bid is in excess of $25,000, the MWBE Program applies, and you have five City business days following the bid date to prepare and submit your M/WBE Plan. Early submittal is encouraged. Be aware that if you elect to provide documentation of a Good Faith Effort you will have to accomplish each and every action in the Special Instructions to Bidders, Minority and � Women Business Enterprises Specifications, included in this Project Manual. In order to meet all the requirements for a Good Faith Effort you will have to start at least two weeks before the Bid date. �I �� The lowest responsive, responsible, bidder meeting the M/WBE requirements will be recommended for award. Information concerning participation of Minority and Women's Business Enterprises is not required for Projects less than $25,000. All purchases from M/WBE suppliers, second tier subcontractors and second tier suppliers may be included in M/WBE contribution toward meeting the goal. � The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAI7H EFFORT FORM {"Documentation") as appropriate. The Documentation must be received no later than 5:00 P.M. five (5) City business days after the bid 0 opening date. The Bidder shall obtain a receipt from the appropriate employee of the managing department to whom detivery was made. Such receipt shall be evidence that the Documentation was received by the City. tJ �� L�J L�J' I�� L�J Successful Bidder will be required to submit co-signed letters of intent or executed agreements with all M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed. 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid and is subject to forfeit fin the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 49 calendar days of receipt of bids, unless an extension is agreed to by the Bidder. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful bidder entering into a contract for the work will be required to give the City surety in a 6/4/99 1TB - 1 l�l L!' I:��, sum equal to the amount of the contract awarded. The form� of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Article 5160 of the Revised Civil Statutes of Texas, as amended. In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on � the current U. S. Treasury List of Acceptable Sureties (Circular 870), or (2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on � the Treasury list or one-tenth of the total capital and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. '� I�� I� '� L�J '� �� 'I� L�J LJ No sureties will be accepted by the City which are at the �time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor shall immediately provide a new surety to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. BOND SURETY: Preferred sureties for bonds required for the project are included on the current U. S. Department of the Treasury - Fiscal Service list of companies holding certificates of authority as acceptable sureties on federal bonds and as acceptable reinsuring companies (Circular 570). The limit of a bond written by any one acceptable company shall not exceed the amount shown on the Treasury list for that company. Alternate ratings are discussed in the General Conditions. Surety must be admitted to do business in the State and have capital and surplus equal to ten times the limit of the bond. Any amount in excess of the ten percent limit must be reinsured by a company or companies duly authorized, accredited or trusteed to do business in this state. Should any surety for the contracted project be determined unsatisfactory at any time during Project, the Contractor shall immediately provide a new surety bond satisfactory to the City. The Owner will not accept sureties which are at the time in default or delinquent on any bonds or which are interested in any litigation against the owner. All bonds shall be made on the forms furnished by the Owner, and shall be executed by an approved surety company doing business in the City of Fort Worth, Texas, and which is acceptable to the owner. Both the Contractor and Surety Company shall properly execute each bond. D 6. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy himself as to the conditions which will be encountered relating to the character, quality, and quantity of the a work to be performed and materials and equipment required. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements. L�J 6/4/99 ITB - 2 � � 7. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, � the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. � � C�� 8. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents, must be paid on this project. 9. POST BID - PREAWARD SUBMITTALS: Bidders are required to submit the following information to the Architectural Services Section, Building Services Division, 3409 Harley Avenue, 817-871-8274, within five business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capabili�ty of performing the work and in meeting City contract requirements: MinorityNVomen's Business Documentation (for bids in excess of $25,OOQ) Contractors Qualification Statement (AIA Form A305) Proposed Subcontractors and Suppliers 10. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to a 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. � L� l� � L'I 11. DISCREPANCIES AND ADDENDA: Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to their meaning, he shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Bidders. The Contractor is responsible for determining if addendums are available and for securing copies prior to submitting a proposal. Oral instructions or decisions unless confirmed by addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruted non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 12. WORKERS COMPENSATION INSURANCE: Bidders will be required to demonstrate Q 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. �I I 13. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. � 14. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. � LJ r �L� 15. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon construction cost and stated bid period of time for construction. Where the Bidder proposes time, the City will evaluate the City's program needs in determining the acceptability of the proposed 6/4/99 ITB - 3 I� LsJ � I� � I� � Li1 � C� C�'� 0 0 0 0 � � � '� ��J' 16. acceptability of the proposed contract duration. The City reserves the right to award the contract upon those terms considered by the City to be in its best interests. LIQUIDATED DAMAGES: Liquidated damages for this project shall be $900/ calendar day. 17. PLAN DEPOSIT: The City will deposit plan deposit checks to its account finro weeks following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractors forfeit their plan deposit after that time. 18. ADJUSTMENT OF QUANTITIES: Where unit prices and estimated quantities are used to compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the total cost for that section. Unit prices for adjustments tb unit quantities in excess to 20% may be negotiated at the request of either party. . 18. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. For all items other than reference specifications and equivalent products listed in each section, a full size sample and/or detailed product descriptions must be provided to the architect within 14 calendar days after receipt of bid. .. � .. 6/4/99 ITB - 4 LiJ � . n PROPOSAL '0: MR. BOB TERRELL CITY MANAGER CITY OF FORT WORTH, TEXAS � =OR: WILL ROGERS AUDITORIUM RENOVATION WILL ROGERS MEMORIAL CENTER 3401 W. LANCASTER AVE. � 'ursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the �lans, specifications and the site, understands the amount of work to be done, and hereby �roposes to do all the work and furnish all labor, equipment and materials necessary to fully � �omplete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS ,' Base Bid: (Proscenium, Front Walls) ��/, J(v� J�� Add Alternate 1: (First Floor, Stairs 11, 13, Ceiling under , �' Mezzanine) � ��v_ /`�� - � Add Alternate 2: (Mezzanine, Balcony) f� �,��V � . � Add Alternate 3: (Tower Hali Lobby) � — The undersigned agrees to complete the Work within 42 calendar days after the date of Notice to Proceed. � The City reserves the right to accept or reject any and all bids or any combir,ation 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 referrina � employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). � Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or � principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a �.�. non-resident bidder in order to obtain a comparable contract in the state in which the P-1 � � l �" la� � non-residenYs principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. �_� Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. �_� Non-resident vendors in (give state), are not required to underbid resident bidders. B. ��,� Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver an approved Surety Bond for the faithful perform2nce 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 bond are not executed within the time set forth, as tiquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25,000) � • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be RESPONSIVE. � 1'� Respectfully submitted, By: Phoenix I Restoration & Constructin, Ltd. Com any Name t! ,�—,�J� � Sig ature DALE C. SELLERS Printed Name of Principal la�ir �� Addendum No. 1: g Addendum No. 2: � PRESIDENT/C.E.O. Title 75235 Fax: 214/353 11631 Addendum No. 3: Addendum No. 4: P-2 Address: 6822 Maple Avenue Street Dallas Tegas City Phone: 214/353-1693 Receipt is acknowledged of the following addenda: �i Rug 24 99 �3:55p TPW �, , 5ent by�NE00RRD CONTRRCTINB Rue-24-94 14:47 � I�J � 1�� L'�J L�J IJ 1�' L� l�J � L�J � � 817-871-8488 p•Z Fro� 214353163"1�917 871 84B$ �e4� 2� 4 . nrrnCHnnskr ,�, {'1�y O� f=qtt �/O[��t �'a9� t or7, Minority and Wocxicn t3usiness CnEerpri5e Specificatior�s , MB�JWBE UTlLJZAY'tON Pbvenix i Restor�ttioa � Conatruttiun, Ltd. AugusE 5, 1999 PA1reE COMPAttY It�ME � . (!ID DATE flil��,s Audita,civalitl�,1 Roaers l�,eaarial Ccnter 1'ROJEC N/liY1E PFiOJEC7 N�I:iFi�R lClit"5d1AYDC PROlEC7COe[,: Z�j � ��nvpt rc►eCL'N'rnCEnG��EVED: �/ I ! �Failure to eomplcic �t�is fvrm, In Its onti�ety rv{th aupporttnfl doGumeniation, and recclved Gy lhe Managla4 Dcpartmcn� on or 6efore 5:00 �.ra, Gvc (5) City buslness days s(tcr b1d opCninQ, cxcluslvc of bJd openi�g date, rrU! resut� in thc bid hcing consfdeted non�osponslvc to bfd epocl�Cations. Tt►c understpned bidder agrees �o eater lnto a to�sat agsecment wtth the MBE andior WBE fim�s for work ��stcd In thts eChedulC� condltlancQ upon executiCn of a contract witA !hc CJty of Fort Worih. ihc lntcntion�l andlor knowing mtsrcpresentatlo� ot l�cts Is grounds !o� considc�stion o( disqua{ifieatfop and wi{l r�sute In sk�a bId bci�� conslcleretl non{esaonslvc tn cpoclticauvns. Company liamc. Conlatt Na1nC, G�rtFfi�d SpeC!(y Alf Contncting SpcClfy Af! Ilems to bc Dotlar Mnocmt Addres�, and Telcpho�e Na. �t scvpe at 1YorK (') Supplicd('J 2� ;� t1 �' ' U Y � 00 e (� b ii — iS ~� y F- Iice' y Pait�ta,ng . .. t7�7_. Hi�lcreolc Ar. � paintiug Garl.and, T!C 75Q43 . . Su�ene I�beka 9ti2%303-2352 � Pai.nC lst ;47,565. { MRNfl£s must be toeated !n the 9(nlne) taunty m�rkctplace or eurmntir dolna 6�:lecss i�� lhs msr�oepfaCe il tAE i�i11! Oi D:d. � O Speelfy sli �rs�s In wqteh ktWR£'s a.• �o ba m��iced anaro� Irrms �o ee wPa�iea: I ('� A cornpte(� tisliag ol ftems Ia he supplied is required In orJu� to iecelvs credit lowsrd Ihe MNYpE yoat, f �t") ��i��tlty esch Tler Jev�l. iier: Maans tne �evel 01 subtoatr�tlinp belaw t�ie prlme eontractoUconsultant, I.e., a d�reci p�y�enl 1 lrom tqe prime con�ractor to s su6canaactor !s consldcred 1" ifer, s p�ymenl 6x a sUbeQ��«or to i if� e....n/:�r 1. �..w�l.�_�w 1M.e" a iN1S FORM !1<t�ST HE �EGFIVEp BY THE N1ANnGINC DC•f�ARTMENT pY 5:00 p,m., wvE �s� cirY aus�HEss onYs arrc� a�a OPC•N(NG, �XC�UStVE OF iNE flt0 OPENeNG OATE �t�� i9� Psgcs 1 and 2 ot Attaclimcnl 11L n�ust be received by tt,c Managing Ucpartmcnt � � MWc�E • 2 � Rug 24 99 03:55p TPW Sent by:NEOGHRD CONTRRC(IN& Ru9-24-99 t4:47 � , -�� ' � � ' T s � � �I LJ �^J L:_J � l� LJ � L L�'J � , 817-871-8488 �.� fro� 2143531631a617 871 8488 Pa9e 3/ 4 nrtnc,tn,i�f,�r � �'��jc 2 or � > Ci1y of Fort Worth Mino�iiy acici Women E3usiness L=nter��rise Specifications . M��/WBE UTi�17Jaf1aN Company KsmC, Gon[act ttafne, CerUGed �pocUy A!I Contracvn� Speclty A(l' lcems to be ' Uotfar I�nOunt AddtCss, �nd Tcicpf�ono Ho. Scopc ot Work ('j SuRptiedt'! r� � �� kr � z � • -_....._ � � ��_ .__.. , . _ � 71,e bidder inRher aqrees to providc� direcily !o thc City upon teqUesl.•campfe4e and accuntc ;n(orn,atio� rcgardinc aMuat work periormed t�y atl subcontr=ttots, including M9E(s► andlor Wl3E(sj arrangements submiqcd with thes bid ihe LidQer also agrces to a((aw an auAit anQlor cxaminst;�n ot any books, records and filcs I,eld by their companY lAai � +NiA substanlf�tte thC aC1Ua1 wOrk pet'lormed by the M$E(s) and/o� W8E(s} on this contract, by on autAorized officer o► empTorcc af �I�e G11y. Any intentior►at and/or knowi�g mistepresentalion o[ tacts will bc grounds lor icrminxting thc tontract or deDarr�ent ��om City worsc tor a period ot �oi less than lhree (1) years and for initiating action uacler Federal, S1tte or �ocs! laws eaneerning false s[�tecnents. Any (ailure ta compty with t�,is ordtnancc ana creates a materlai � bresch o►cantract may fesufe in a determi�ation ot an trrespansibie otteror and barred frpm participaling in Cily work . for a perioQ ot timc npt Jess lhan onc (1 } yc�r. r��`",�� ALL MB�s and 9 s MUS7 8E CEKTIFIED BY THE CITY i3EFdRE C�tJTRACT AWARD �7"�- J.Q,�� .._- �ale C. 5eilers, B.S.K.E., M..B.A. ed 5'sgna�o-�^'' Printcd Siqnatutc ,� E.O.IPresident �'�� • Contaet �tamc snd 7ille (i! different) Phoeaix I Restaratioa � Coastruction. Ltd. 214f353-1b93 Company Namc � Tricphoae �1umt�cr {sj 5822 i�sple Avectue 214/353-1631 Address F�x NumUCt ��2Ias �C 75235 . 8/24/99 CilylSlatr,l"Lip Codc Oatc � ini5 FORM MUST QE RECEiv[o OY cNE h�qNnG�NG OEPARTMENT t1Y S:oo p..n., LW[ �5) CIiY fJUS�NC5S UnrS nF riR Dto OPENWG, EXCLVSlVE Q� Tl1� pl0 OP�NINCr OAi[ �y�„ 611/98 Paqes 1 and x of Altaci�rc,c�t 1A musl �e secrived Uy tf+c Ma�+sging pepanment L'�' � iNWi�E: - � I,I � n. � � � � � � � � � � �� r�� ke paintitig Ccm�aay has [iled with ihe Agency [iu appropriate AEfidavit and is hereby cemfied as a -- ___ . Di�adsc�a.tag�d Buainesg �erpriae providing setvice(s} in th� follcnving ueas: 1521-00; 1742-00; T3S9-0� RSSIDiLi�'!'IALjC�32C�7lL CO1tTSTRIICTiON �il�{D Ilt'T�LtIaR WORiC 3 � F- 7�his C:erri�i�ation is valid b�ginning a�tober 1998 znd supersedts anp registration or listing previously issued. This certification n�ust be updated annually by submission of a Reccrtification Application. Ar any tin�e there is a ciiange in ownership or cantrol oC the ficm, noti{ication must be made immediateiy co che North Central Texa_a Regional Cerdf'icati�r: Agency. /� , !,` ; � � This Certi{i�ation expires on �Ctober ��g 99 � i rtificacioa� �drninistrator u� r Issued at Ar[ingtcin, Trxas October 19 98 , p CERi1F1CATlON NO. HMSD79$5Yi099 m a� - � N � , . Cwc� a<. — � � 0 i..�.l Q � Q � � � r_� . , A NCTR�A D/�i/i►�1'BE CER �.��r�i�AT`IC��i o� c--� o o Q o 0 0 0 � � � l*"J I�� I� �) � L!'i '� � � � L'�'1 '�"J � � City� of Fort Worth, Texas Transportat�on/Public Works Departmen! Building Serv�ces Drvlsion/Architecturaf Services Section GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by ali parties, Change Orders, written interpretations and any written Fieid 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 shalt 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 ali labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals by the Contractor and the Owner in such form as may be prescribed by law. A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a bid, the bidder shall examine carefully the proposal, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shaii be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variaticns between conditions actually encountered in construction and as indicated by the plans wili not be allowed. A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract, the intention of the Contract pocuments 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 weli 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 Pians 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 6/23/99 GC-1 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 Conir2ct Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman, or involving any question of fault or liability of any party, the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Plotes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract. A-9 COPIES OF WORKING DRAWING� AND SPECIFICATIONS. Th� Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner of the Architect are and shall remain the property of the Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to the Ccntract, are to be returned to the Owner on request at the compietion of the work. A-10 MINORITY AND WOMENS BUSINESS ENTERPRISE POLICY. The City of Fort Wo�th has goals for the participation o� disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included. A-11 CORRELATION AND INTENT. In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated en the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or i�cluded. Dimensions on drawings shall take precedence over smaif-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact locatio� shown. Relocation shall not occur without the Architects approval. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportation and Public Works or his designated Project Manager. The Director, Transportation wili designate a Project Manager and Construction I� � t�J � � � '� C�� l � �� L�J l�J Manager to administer this contract and perform the funciions of the "Architect" as indicated in the General Conditions. The design architect may also be designated to perform the duties of "ArchitecY'. B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated, the 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 this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as !o the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract B-:i DUTIES OF THE ARCHITECT As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Architect will provide general administration of the Contract on behaif of the Owner and will have authority to act as the representative of the Owner to the e�ent provided in the Con:ract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perForm its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quatity of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of the progress of the Work and wili endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the ContractoPs applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue ceitificates 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. � 6/23/99 � GC-2 The ArchitecYs decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK. The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion, the Architect considers it necessary or advis2ble in order to insure the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or noi such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT. Shoq Drawinas. The Architect will review Shop Drawings and Samples as provided in Section D. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Chanae Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner through the Architect in accordance with the provisions of Section L. Guarantees. The Architect will receive on behalf of the Owner all written guarantees and related documents required �f the Contractor. Upon completion of the project the Contrac;or shall provide the Architect five copies of each guarantee. The Architect wili provide three copies of each guarantee to the Owner. Ins�ections. The Architect wili conduct inspections for the purpose of determining and making his recommenciations concerning the dates of substantial completion and final completion. Ooeration and Maintenance Manuals. The Architect wiil receive on behalf of the Owner, six copies of all applicable .equ:pment installation, operation, and maintenance brochures and manuals required of the Contractor. The Architect wiil provide three copies of this information to the Owner. B-9 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Own�r, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public lNorks, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNEd2 C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein. by its duiy authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Building Seroices Division. Generally speaking a designated representative will be identified from within the Building Services Division to act as a point of contact for day to day contract administration. C-2 DUTIES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacies to the prosecution of the VVork as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for l�f � 'i1 �.J � LJ � LJ �� l'!' 1 �� LJ 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 shail furnish information under its control with reasonabie promptness at the request of the Contractor. C-3 INSTRUCTIONS. The Owner shall issue all instructions to the Contractor through the Architect. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS. The Owner and the Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports provided by the Architect concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK. The Owner will have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, instailed 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 shatl be incorporated into a punch list to be prepared by the Architect and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City 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 "subcontracY' as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. � 6/23/99 � SECTION 0 GC-3 CONTRACTOR D-1 IDENTIFICATION. The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR. Contractor shall perform all work and services hereunder as an independent contractor, not as an officer, agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to controi the details of the work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts and omissions of its officers, agents, and emptoyees. Nothing herein shail 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 th2t the performance of this Contract, either in whole or in part, shal! not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The Contractor shall carefully study and compare the Aareement, Conditions of the Contract, Drawings, Specifica4ions, Addenda and modifications and shali at once report to the Owner ar,d to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. D-5 SUPERVISION. The Contractor shall supervise and direct the Work, using his best skill and attention. He sha(1 be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, the Contractor shall provide and pay for atl labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best ef�orts to hire local laborers, workmen and materiaimen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. The Contractor shall at all times enforce strict discipline and c�ood order among his employees, and shail not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. The Contractor agrees to pay not less than the general prevailing rate of per diem wages for Work of a similar character in the Iocaiity in which the Work is performed, and not less than the general prevaiting wage of per diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this Contract. The Contractor agrees to pay at least the mii�imum wage per hour for all labor as the same is classified 2nd set cut by the City of FoR Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. D-8 WARRANTY. The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless othervvise specified, and that all work will be of good quality, free from faults and defects, L"J L�:! � L_J � f�1 � � l� � � C�J � � � � I�1 �' and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shail be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES. The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. D-10 LICENSES. NOTICES AND FEES. The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the pertormance of the Work. if the Contractor observes or becomes aware that bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptiy notify the Architect in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, the Contractor will assume fuil responsibility therefor and bear all costs attributable thereto. D-11 CASH ALLOWANCES. The Contractor shall include in the Contract Sum all aliowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment detivered 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 ailowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Architect may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will inciude additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-92 SUPERINTENDENT. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. important communications will be confirmed in writing. Other communications wiil 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 ail Sub-contractors, their agents and employees, and ali 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 6/23/99 D GC-4 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 compiete 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 foRh and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE. The Contractor, immediately after being awarded the contract, shall prepare and submit for the ArchitecYs approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This scheduie shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the ArchitecYs approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment andlor materials. The progress schedule shall be updated at least monthly by the contractor and submitted to the Architect for approval with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Architect u�on completion of the Work, and the Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the work. D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which iilustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The Contractor shail review, stamp with his approval and submit, with reasonabie 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 constructio� critsria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given i� the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. lil � L`1 0 �J � `�' � (� . � � � � � � � Li l�1 The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The ArchitecYs approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation as authorized in Paragraph A-2, ArchitecYs approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Sampies. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE. The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the work by the City Council of the City of Fort Worth, the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at his own expenses ali injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-19 SAFE WORK PRACTICES. The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulatio� of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc., as before the work was undertaken. D-20 FIELD OFFICES AND SHEDS. The Contractor is not required to provide a temporary field office or telephone for projects under $500,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. D-21 CUTTING AND PATCHING OF WORK. The Contractor shall do all cutting, fitting or patching of his Work that may be required to make its several parts fit together properly, and shall not .endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-22 CLEAN UP. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In 6/23/99 GC-5 addition to removal of rubbish and leaving the buildings "broom- clean°, Co�tractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from furniture a�d carpet, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-23 COMMUNICATIONS. As a general rule, the Contractor shall forward all communications to the Owrer through the Architect, and in all other instances the Contractor shall furnish the Architect a copy of any communication sent directly to the Owner. SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or . organization who has a direct 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 singuiar in number and masculine in gender and means a Subcontra�tor 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 shail furnish a list of the names of the subcontractors or oiher persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure o` 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 organizatior., the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualiy 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 shail not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shali be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-subcontractors) which shall contain provisions that: 1. preserve and protect the rights of the Owner ar.d the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; � � � '�1 �/) �Lr� � � li.`i � � � L"1 L�J � �� IL�J �r� 2. require that such Work be performed in accordance with the requirements of the Contract Documents; 3. require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; 4. require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and, 6. obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub-contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE Mf /WBE), Should the base bid be less than $25,000, the requirements of this section do not apply. In accordance with City of Fort Worth Ordinance No 11923, the City of Fort Worth sets goals for the participation of minority business enterprises and women business enterprises in City contracts. Ordinance No 11923 is incorporated in these Specifications by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM and GOOD FAITH EFFORT FORM, as applicable, must be submitted within five city business days after bid opening. Failure to submit the post bid information shall render the bid non-responsive. The City will consider the contractor's performance on other City Projects regarding its MIWBE program in the evaluation of bids. Failure to comply with the City's M/WBE program, or to demon- strate a"good faith effort", shall result in a bid being considered irresponsible. Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise (M/WBE) on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or fites in it's possession that will substantiate the actual work performed by an M! WBE. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on ihe Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. � 6/23199 d GC-6 Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors pri�r to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors !o the Construction Manager. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentags of the M/V1fBE participation in the joint venture for a clearly defined portion of the work to be performed. Ail subcontractors used in meeting the goals must be certified prior to the award of the Contract. Whenever a change order affecis the work of an M/WBE subcontractor or supplier, the MlVUBE shall be given an oppoRunity to perform the work. Whenever a change order is in excess of 10% of the original contract, the M/WBE coon�inator shail determine the goals appiicable to the work to be per�ormed under the change order. During the term of the contract the contractor shaN: 1. Make no unjustified changes of deletions in it's IL1lWBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces, the contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM, if the contractor desires to change or delete any of the M/VVBE subcontractors or suppliers. Justification for change may be granted for the following: 1. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance 2. Failure of subcontractor to provide required general liability or other insurance. 3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan 4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract. Other reasons at the discretion of the M/WBE Coordinator Within ten days after final payment from the City the contractor shall provide the M/WBE Office with documentation to reflect final participation of each M/V116E subcontractor and supplier used on the project. E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a � � L�'*J � � � � ."�J � (� � � E�� L:.J L� � Lrf � �L_fi particular subcontractor, the Contractor shail pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Architect may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shail have any obligation to pay or to see to the payment of any monies to any Subcontractor. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contract are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The Contractor shall afford other contractors reasonabie opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Architect any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractors work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he wili so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if any judgment against the Owrer arises therefrom, the Contractor shali pay or satisfy such judgment and shali reimburse the Owner for ali attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Contractor shall do all cutting, fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any wor�C or any other contractors by cutting, excavating or otherwise alt ring any work and shall not cut or alter the work of any other c�ntractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be �orne by the party responsible therefor. F-4 OWPIER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsjbility for cleaning up, the Owner may clean up and charge the cost thereof I 6/23/99 GC-7 to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS. The law of the place w�hpre the site is located shall govern the Contract. The Contractor must familiarize himself and strictiy comply with ali Federat, Sta:e, and County and City �aws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liabi�ity arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his emp;oyees, agents or subcontractors. G-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABIIITY OF PUBLIC OFFICIALS. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the o�cers, agents and employees o` the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS. Contractor aorees the comply with all laws, Federai, state and tocal, including ali ordinances, rules and regulations of tne City of Fort 'vVoRh, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. Contractors are responsible for obtaining construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedute to the Construction manager weekly. Building, plumbing, electrical and mechanical building permits are issued �vithcut charge. Water and sewer access fees will be paid by the City. Any other permit fees are the responsibiiity of the Contractor. G-5 I DEMNIFICATION: Contractor covenants and agrees to indemni�y 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, whefhar or not anv such iniurv. damaae or deafh is caused. in who/e or in part, by the neqliaence or alleqed nealiqence of Owner, iis offlcers. servants. or emnlovees. Contractor likewise covenants and agrees to indemnify and hold harmless ihe 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 artv such 7niury or damaqe is caused in whole or in oaK bv the neali4ence or � LaJ L�J � l�J u � L�J � L'�J � L�J � �. � L_1 Ld � ��i a!leaed rtealiaence of Owner. its o�cers. servants or emn/ovees. 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 reiease 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 accept bids on other Ciry of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRI77EN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Contractor agrees, on the execution of this Contract, and before beginning work, to make, execute and deliver to said City of Fort Worth good and su�cient 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 acceptabie to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. To be an acceptable surety on the bond, (1) the name of the surety should be included on the current U. S. Treasury List of Acceptable Securities [Circular 570]. Any surety authorized to do business in Texas a may write performance and payment bonds on a project without reinsurance to the �imit of 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized, accredited, or trusteed to do business in the State of Texas. Should any surery for the contracted project be determined unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the City. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good 6/23/99 � GC-8 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 ArchitecYs additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not su�cient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS. The Contractor shali pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shalt save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the Contractor has reason to be{ieve that the design, process or product specified is an infringement of a patent, he shall be responsible for such loss unless he promptly gives such information to Architect. G-11 TESTS. If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected, tested or zpproved, the Contractor shall give the Architect timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall be2r all costs of such inspection, tests and approvals untess otherwise provided. If after the commencement of the Work, the Owner or Architect determine that any Work requires speciai inspection, testing or approval not included above, the Owner or the Architect, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the psrFormance 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 Architect. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner. If the Architect or Owner wish to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable, at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perForm the VlrorR in accordance with the Contract Documents. G-1� INTERRUPTION OF EXISTING UTI! ITIES SER ICES. The Contractor shall perform the work under this Con�iact with a minimum of outage time for all utiiities: Inter�uption shail be by approved sections of the utility. In some cases, the Contractor may be required to perForm the work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interru�ted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service � � LJ � � � L�7 i�.l � � L'� L, �� l�l � � �� from the existing utiliry, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shail be as approved by the Owner. G-13 LAYING OUT WORK. The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the Contractor shall carefuliy compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the contractors sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholty responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference which may be found shali be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK. The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or no shown or specified at the contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-76 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shall be the responsibility of the Contractor to make certain in the installation of jointed floor, wall and ceiling materials that: 1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints •to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This, includes heating registers, light fixtures, equipment, etc. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the 6/23/99 GC-9 most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK. The Con;ractor shail protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to an from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. AII damaged work shali 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 expressiy stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into 2ny portion of the project, including advising all materiais suppliers and subcontractors of this requirement. The contractor shal! verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING. Dra�aing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the retocating of any items without first obtaining the ArchitecYs approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible uniform margins are to be maintained between parallel lines and or adjacent wall, floor or ceiling surfaces. G-20 OVERLOADING. The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipme�t, tools, machinery or any other item thereon. No Ioads shali be placed on floors or roofs before they have attained their permanent ard safe strength. G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materiafs, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shali be construed to mean that said application or installation shall be in striot accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approvai thereof obtained before work is begun. G-22 CLEANING UP. The Contractor shall kesp the premises free from accumulation of waste material or rubbish caused by employees or as a result of the work. At completion of work, the General Contracter shail, immediately prior to final inspection of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base, and vacuum carpeting. I�i � � � l..�J L�� '�! � � � � l�!1 � � � LJ � �� 2. Dust all metal and wood trim and similar finished materials. 3. Ciean all cabinets and casework. 4. Dust al� ceilings and walls. 5. Dust, and if necessary wash, all piumbing and electrical fixtures. ' 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. AII paint surfaces shall be clean and unbroken, hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean ali glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cieaning work shali be borne by Contractor. 10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations causing such probfems 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 wiil be permitted in the building. Excess flammabie liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shatl be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire e�inguishers in accordance with the recommendations and NFPA Builetins Nos. 10 and 241. 6/23/99 � GC-10 However, in ail 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, sucli �vork shall be neatly sawed or cut by contractor in a manner that will produce a neat straight line, parallei to adjacent surtaces or plumb for verticai 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 Insnection. Record Drawinas: Attention is called to General Conditions Section 1 entitled, "Payments and Completion." Maintenance Manual: Sheets shail be 8'/s" x 11", except puli out sheets may be neatly folded to 8'/z " x 11". Manuals shall be bound in plastic covered, 3 ring, loose leaf binder wiih 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, c+ther materials. Submit six copies of Maintenance Manual, prior to request for final payment. O�erational Insoection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electricai systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial st2rt up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the p�oper operation and maintenance of each item. G-27 GUARANTEE AND F�,XTENDED GUARANTEe. Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Guarantees shall become valid and operative and cemmence upon issuance of Certificate of lnspection and Acceptance by Owner. Guarantees shail not apply to work whsre damage is result of abuse, neglect by Owner or his successor(s) in int�rest. The Contractor agrees to warrant his work and m2terials provided in accordance with this contract and the terms of the Technical � � � I�I � � � u � �� l.J .. 1�1 I:J I� � � � I�I � Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturers normal extended warrantees, the Contractor shall warrant ail work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at Ieast their original condition. G-28 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print of each of the drawings accumpanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual location of all sub-surface utility lines, average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE. At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY. STORAGE. HANDLING. The Contractor shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in pertorming this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational quatification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, mem- bers, agents, employees, subcontractors, program participants, or persons acting on their behalf, shail 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 compiy with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arisi�g out of Contractor's and/or its subcontractors' alieged 6l23/99 � GC-11 failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. G-32 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for appiicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it wili fully comply with ADA's provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmtess against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alteged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION H CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period of time allotted in the Contract Documents for completion of the Work. The date of commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. , The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed Hlork or any portion thereof can be made only by the City Council of the City of Fort Worth or iYs designated Assistant City Manager, and no other form of acceptance witl be binding upon the O�vner. A calendar day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect avith flnal approval by City of Fort Worth. A working day is defined as a caiendar 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 I�ss than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shail be construed as prohibiting the Contractor from working on Saturdays if he so dasires. Should the Contractor choose to work on Saturdays, one day v�rill be charged as contract working time when weather or other conditions permit seven hours of work as delineated above. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Vetgran's Day. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date o� commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contact Time. �1 I LR.7 {�.r lJ � � � � L� � � � �� L``! � '�1 H-3 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or �by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shali be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be aliowed 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�3 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 I-1 CONTRACT SUM. The Contract Sum is stated in the proposal as accepted and is the toial amount payable by the Owner to the Contractor for the performance of the Work under the Contract Docume�ts. I-2 SCHEDULE OF VALUES. Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum, divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. i-3 ADJUSTMENT OF QUANTITIES. Where unit prices and estimated quantities are used to compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the total cost for that section. Unit prices for adjustments to unit quantities in excess to 20% may be negotiated at the request of either party. I-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed, the Contractor will make current estimates in writing for review by the Architect of materials in place compiete 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. 6/23/99 GC-12 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 titie 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, materiais 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 otherNise imposed by the Contractor or such other person. The Contractor shall prepare each appiication for payment on AIA Document G702, "Application and Certificate for Paymen;", and attached thereto AIA Document G703, "Continuation SheeY, to indicate the progress made to date and the period or month for which payment is requested for each item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-5 CERTIFICATES FOR PAYMENT. If the Contractor has made Appiication for Payment as above, the above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, pre�are 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 wiil constitute a representation by the Architect to the Owner, based on the Architect's observations at the site and the data compris+ng the Appiication 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 1hJork 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 correctabfe prior to completion, and to any specific Gualifications stated in the Certificate); and recommendations to the Owner that the Contractor be paid in the ameunt 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 WoRh. 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 ihe Cir� Councit of the City of Fort Worth. No Certificate for a progress payment, nor any progress pa�ment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work nct in � L� 0 i� �� L� l�lJ �� IL7 � l�'1 � L�' I�I l� � � � i�� 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 Architect may decline to approve an Application for Payment and may withhoid his Certificate in whofe 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 or instructions of the Architect. I-7 UNRESOLVED CLAIMS: In the event a written claim for damages against the Contractor or its subcontractors remains unsettied at the time ali work on the project has been completed to the satisfaction of the Director of the Transportation and Public Works Department, as evidenced by a final inspection, flnal payment to the Contractor shali not be recommended by the Director of the Transportation and Public Works Department for a period of 30 days after the date of such final inspection, unless the Contractor shall submit written evidence satisfactory to the Director that the claim has been settled and a release has been obtained from the claimant involved. Although the claim concerned remains unsettled at the expiration of the above 30-day period, the Contractor may be deemed to be entitled to a semi-final payment for work completed, such semi-final payment to be in an amount equal to the total dollar amount then due less the dollar value of any written claims pending against the Contractor arising out of the performance of such work, and such semi-final payment may then be recommended by the Director. The Director shall not recommend final payment to a Contractor against whom such a claim for damages is outstanding for a period of six months following the date of the acceptance of the work performed unless the Contractor submits evidence in writing satisfactory to the Director that: 1) The claim has been settled and a release has been obtained from the claimant involved, or 6/23/99 2) Good faith efforts have been made to settle such out- standing claims, and such good faith efforts have failed. If condition (1) above is met at any time within the six month period, the Director shall recommend that the final payment to the Contractor be made. If condition (2) above is met at any time within the six-month period, the Director may recommend tiiat the final payment to the Contractor be made. At the expiration of the six- month period the Director may recommend that final p�yment be made if all other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Transportation and Public Works Department contract work ' from a Contractor against whom a claim for damages is outstanding as a result of work perFormed under a City contract. I-8 LIQUIDATED DAMAGES: The deducticn for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Rer Dav See Instructions To Bidders, Item �16. 1-9 FAILURE OF PAYMENT. If, without fault on the p2rt of the Contractor, the Architect should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereo° within the period of time specified, then the Contractor rc�ay, upon seven (7) days additional written notice to tha Owner a�d to the Architect, stop the Work until payment of the amount owi�g has been received. GC-13 I-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT. Prior to the request for final payment, the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work or a designated portion thereof acceptable to the Owner is substantially complete, the Contractor shall prepare the submission to the Architect a list of items to be completed or corrected. The failure to include any items on such list does not alter the responsibility of the Contractor to complete all Work in accordance with the Contract Documents. When the Architect, on the basis of an inspeciion, determines that the Work is substantially complete, he then wilt prepare a Certificate of Substantial Completion which, when approved by the Owner, shall establish the Date of Substantial Completion, shatl state the responsibilities of the Own�r and the Contractor for maintenance, heat, utilities, and insurance, and shall fix the time within which the.Contractor shail complete the items listed therein, said time to be within the Contract time unless extended. Upon receipt of written notice that the Work is ready for final inspection and acceptance and upon receipt of a final Appiication for Payment and upon receipt of a final application for payment, providing the record drawings have been received by the Architect, the Architect will conduct such test and/or inspections as he deems necessary, and if in his opinion the Work has been completed in acccsrdance with the Contraci Qocumen;s, the Architect will promptly issue a final Certificate of Completion stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, the Work has been completed in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor is due and payable. Final acceptance can � C � L�J � I� � L�J �.J � � � � L�J L�J L�, J Architect, the Architect will conduct such test and/or inspections as he deems necessary, and if in his opinion the Work has been completed in accordance with the Contract Documents, the Architect will promptly issue a final Certificate of Completion stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, tHe Work has been compteted in accordance with the terms and conditions of the Contract Documents and that the entire balance found to be due the Contractor is due and payable. Final acceptance can be made by the City Council of the City of Fort Worth or iYs designated representative, and no other form of acceptance will be binding upon the Owner. Final payment and retease of the retainage amount will become due within fifteen days following approval of the City Council of the City of Fort Worth in accepting the work as complete. Neither the final payment nor the remaining retained percentage shail become due until the Contractor submits to the Architect (1) an Affidavit (G706) 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 (G707), if any, to final payment and, (3) (G706A) if required by the Owner, other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. • If any Subcontractor, materialman or laborer refuses to furnish a release or waiver required by the Owner, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shalt refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. SECTION J PROTECTION OF PERSONS AND,PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS. The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PRO�ERTY. The Contractor shall take all reasonable precautions or the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the Work and ali 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 � 6/23/99 � GC-14 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. The Contractor shall comply with alt applicable Laws, Ordinances, Rules, Regulations and Orders of any pubtic authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shal! erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protec;ion, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owr,ers and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone empioyed by him or for whose acts he may be liable, and not attributable to the `ault 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 rsquired to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. These requirements are in addition to the Accident Prevention Clause in the General Conditions of the Contract. Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety oi persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shail be determined as provided in Changes in the Work. SECTION K - INSURANCE K-1 Insurance Reauired. The Contractor shall not commence work under this Contract until he has obtai�ed all insu�ance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor ailow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. K-1 Insurance Reauired. The Contractor shall not commence work under this Contract until he has obtained ail � I'� � insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. K-2 Workers' Compensation Insurance: 1) General � a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its D employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. � � '� � �I 1�'J lJ b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City). c) By signing this contract or providing or causing to be provided a certificate of coverage, the contractor is representing to the City that all employees of 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 wiil be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Workers Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The contractor's failure to comply with any of these � provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. � L�J L�l � � � 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, regardiess of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limiiation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, 6/23/99 D GC-15 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 materiais, or providing labor, transportation, or other services related to a project. "Services" does no: include activities unrelated to the project, such as food/beverage vendors, o�ce supply deliveries, and delivery of portable toilets. 3) Requirements a) The contractor shall provide coverage, based on proper reporting of classification codes and payroli arnounts and filing of any coverage ag�eements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for ail employees of the contrac?or providing services of the project, for the duration of the project. b) The Contractor must provide a certi5cate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the con:ractor's current ce�tificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The contractor shall obtain from each person providing services on a project, and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for al1 persons providing services on the project; and ii) no later than seven days after receipt by the contractor, a new certificate of coverage shonring 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 fur one year thereafter. fl 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 shali 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 repoRing 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 emplovees providing services on the project, for ths duration of the project; O � � L�, � 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 empioyees of the person providing services on the project, for the duration of the project; iii) provide the contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts, and provide to the contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and � (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; � ��1 �L�1 � '�� ',L��' �I ��, v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of I coverage of any person providing 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. 4) Posting o4 Required Worker's Compensation Coverage. a) The contractor shall post a notice on each project site informing all persons providing seroices on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shali be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE � � � � 6/23/99 � The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an empioyer's failure to provide coverage." K-3 LIABILITY INSURANCE. The Contractor shall procure and maintain during the term of this Contract such Liabiiity Insurance as shall protect him, the City of Fort Worth and any Subcontractor performing work covered by this Contract, From claims of damage which may arise from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them 2nd the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicies used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the pciicy shall have no exciusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Cortaining Materials, the Contractor shall be required to maint2in Asbestos Abatement Liabiiity Insurance as f+�llows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmentai impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the Proposal or Invi;ation, the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builders Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehic!es, vandalism, and malicious mischief, at a limit equal to 100% of the Contr2ct Sum. The policy shali include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different subiimits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE. The Contractor shall provide a certificate of insurance documeniing the Transportation and Public Works DepaRment, City of FoR Worth as a"Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents anlor insurers for the Contractor's insurance coverages specif�ed for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS. GC-16 � ral i�l i� � � fl �., L�J � l�l � L�� L+�J � L'J � L�J �1 1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicabie insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas, or othervvise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. BesYs Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the Ciry. 4) Deductible limits on insurance policies and/or self insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) Certificates of insurance shall be provided by the Contractor to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 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 ciaim 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 such coverage on the Contractor's subcontractors shali be provided by the Contractor. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. a 6/23/99 � 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 Fort Worth shali be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized, including the ailowance 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 £xed or percentage fee. If none of the methods set forth herein above is agreed upon, the Contractor, provided he receives a Change Order, sha?I promptly proceed with the Work invotved. The cost of such work shzil then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and proflt as indicted in the original contract oroposal. 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 proposai within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If the Architect will attempt to negotiaie with Contractor to revise the proposal to a figure which is fair and reasonable and forvvard it on to the Owner for approval. If the negotiations do not resuit in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for appreval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter, that when the cumulative effect of Change Orders results in an increase in cost of the contract amount by over $3,000, the City Council must approve all such Chang2 Orders which will exceed this limit. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty (30) days . Owner, Architect and Contractor shall endeavor to identify Change Order items as early in the Construction process as possibte to minimize their impact on the construetion schedule. If unit prices are stated in the Contract Decume�is or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Or�er that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor, GC-17 �1 C � � � � � � � I�L1 ILJ ��J LJ � l� l � l�1 � the applicable unit prices shall be equitabiy adjusted to prevent such hardship. If the Contractor claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any written order for a minor change in the Work, the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonabie time after the occurrence of the event that gave rise to such claim. This notice shali be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner, shatl be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Materiai and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 1l 5%). 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent 10% . L-4 MINOR CHANGES IN THE WORK. The Architect shail have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contact Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS. The Architect may issue written Field Orders which interpret the Contract Documents in accordance with Section A, or which order minor changes in the Work in accordance with Section L without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORI�ECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it must be uncovered for observation and replaced, at the Contractor's expense. If any other work has been covered which the Owner or Architect have not specificalty requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it be found that this condition was caused by a separate contractor emptoyed by the Owner. 6/23/99 � GC-18 M-2 CORRECTION OF WORK. The Contractor shall promptly correct all work rejected by the Owner or Architect as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantiai Completion and whether or not fabricated, installed or completed. The Contractor shall bear ail costs of correcting such rejected Work, including the cost of the ArchitecYs additional service thereby made necessary. If, within one year after the Date of Substantial Comple;ion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previousiy given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall �ive such notice promptiy after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary, and the work shali be corrected to comply with the Contract Documents without cost to the Ov�mer. The Contractor shall bear the cost of making good ali work of separate contractors destroyed or damaged by such remaval or correction. If the Contractor does not remove such defective or non- conforming work within a reasonabie time fixed by written notice from the Architect or the Owner, the Owner may remove it and may store the materials or equipment at the expenss of the Contractor. If the Contractor does not pay ihe cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at s�uction or at private sale and shall account for the net proceeds t�ereof, 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 dif�erence shall be charged to the Contractor and an appropriate Change Order shall bs issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shali 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 2he tivork 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 emp!oyees 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 L�JI I■�I L� � � � l�J LJ ��1 � �� L�J � LJ L�1 LJ L'J � of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may afterthe end of such period of 30 days and upon seven additional days' written notice to the Owner and the Architect, terminate the Contract. N-2 TERMINATION BY THE OWNER. If the contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative or upon certification by the Architect that sufficient cause exists to justi�j such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the ArchitecYs additional services., exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City'of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Termina;e 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 tennination 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 aliowability 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 WoRh shali be final and binding upon all parties to this contract SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for "Project Designation 6/23/99 Signs." This sign shall be a part of this Contract and snall be included in the Contractor's Base Bid for the Project. SECTION P TEMPORARY FACILITIES P-1 SCOPE. The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the � performance of this Contract, inc�uding 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. I P-3 MAINTENANCE AND REMOVAL. 7he Contractor shal� 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 Contractcr shali provide a temporary field office building for himse!f, his subcontractors and use by ihe Architect. For const�uction contracts with a bid price in excess of 51,OOO,Q00.00, the Contractor shall provide a separate field o�ce for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate eiectrical outlets and lighting, and a shelf large enough to accommodate perusai of the project drawings. Openings shall have suitabie locks. Field o�ces shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shail be suitabiy 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 o�ce shall contain not less than 120 square feet of floor space. The Contractor shail provide and maintain storage sheds, other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Architect. Remove sheds when work is completed, or as directed. P-5 TELEPHONE. The Contractor shali 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 o�ce for the duration of the project. The contractor shall provide a separate telephone line, and instrument for use by the City's fieid representatives. P-6 TOILET FACILITIES. The Contractor shaii provide proper, sanitary and adequate toiiet facilities for the use of all workmen and subcontractors employed on the prq�ect. P-7 UTILITIES. Contractor shall make a!I necess2ry arrangements and provide for temporary water and electricity required during the construction. Contractor shall provic:e and instail temporary utility meters during the contract construction GC-19 l!'J � � L�J '�II � �� '� ��'i � LJ � � L i� (� �� L�!J ��i 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. wilt be availabte 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 suppiy 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 etectric 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. Li htin . Supply and maintain temporary lighting so that work of ali trades may be properly and safely performed, in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity shali 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 potentialiy damaging to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide su�cient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION. EQUIPMENT AND PROTECTION The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffoiding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. � 6/23/99 � GC - 20 The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, all fences, barricades, lights, shoring, pedestrian wal!<ways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City empioyees, equipment, the public and property. All temporary construction and equipment shall conform to all reguiations, ordinances, laws and other requirements of the authorities having jurisdiction, inciuding insurance companies, with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, inciuding power, for keeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and iocking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shail provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, pusts, and other disturbances as a resuit of avork under this Contract. Such protection shall be posi:ive, shalt meet the approval of the Architect and shall be maintained for the duration of the construction period or as required to provida for the protection es specified. P-10 PROJECT BULLETIN 80ARD. The Contractor shall furnish, install and maintain during the life of the preject a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Architect, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulietin board shall remain the property bf the Contractor and shall be removed by him upon completion of the Contract work. The following information which will be furnished by the City to the Contractor, shall be poste� on the bulletin board and shalt be maintaired by th� Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondescrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SQL 155), �vith the Contract Schedule of minimum �vage 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 shali lie in Tarrant County, Texas. � � � A L�J L"�'JI L�J � l�l l'!' �� L�J � LJ L.'!l l�l l� DEFINITIONS PROCEDURES AND INTERPRETATIONS GENERAL CONDITIONS INDEX A-1 Contract Documents A-2 Entire Agreement A-3 Work A-4 Execution of the Contract Documents A-5 Familiarity with Proposed Work A-6 One Unified contract A-7 Division of Work A-8 Interpretations A-9 Copies of Working Drawings and Specifications A-10 Minority and Women's Business Enterprise Policy A-11 Correlation and Intent B IDENTITY OF ARCHITECT B-1 Contract Administration B-2 Termination and Suspension of Work B-3 Duties of Architect B-4 Architect as Representative of the Owner B-5 Access to Job Site B-6 Interpretations B-7 Authority to Stop Work B-8 Miscellaneous Duties of Architect B-9 Termination of Architect C OWNER C-1 Identification C-2 Duties of the Owner . C-3 Instructions C-h Access to Job Site C-5 Progress Inspections C-6 Authority to Stop Work C-7 Substantial Completion Inspection C-8 Right to Audit D CONTRACTOR D-1 Identification D-2 Independent contractor D-3 Subletting D-4 Review of contract Documents D-5 Supervision D-6 Labor and Materials D-7 Prevailing Wage Rate D-8 Warranty D-9 Taxes D-10 Licenses, Notices and Fees D-11 Cash Allowances D-12 Superintendent D-13 Responsibility for Employees and Sub-contractors D-14 Failure to Commence work D-15 Progress Schedule D-16 Drawings and Specifications at the Site D-17 Shop Drawings and Samples D-18 Site Use D-19 Safe Work Practices D-20 Field O�ces and Sheds D-21 Cutting and Patching of Work D-22 Cleaning Up D-23 Communications a 6/23/99 � SUBCONTRACTORS GC-21 E-1 Definition E-2 Award of Subcontracts E-3 Terms of Subcontracts E-4 Minority and Women's Business Entsrprise (M,'Vl•'BE) E-5 Payments to Sub-Contractors SEPARATE CONTRACTS F-1 Owner's Right F-2 Mutual Responsibility of Contractors F-3 Cutting and Patching Under Separate Contracts F-4 Owner's Right to Clean Up G MISCELLANEOUS PROVISIONS G-1 G-2 G-3 G-4 G-5 G-6 G-7 G-8 G-9 G-10 G-11 G-12 G-13 G-14 G-15 G-16 G-17 G-18 G-19 G-20 G-21 G-22 G-23 G-24 G-25 G-26 G-27 G-28 G-29 G-30 G-31 G-32 Conflict of Laws Governing Laws Personal Liability of Public Officials Compliance with Laws Indemnification Successors and Assigns Written Notice Surety Bonds Owner's Right to Carry Out the Work Royalties and Patents Tests Interruption of Existing Utilities Services Laying Out Work Measurements Existing Overhead or Underground Work Alignment of Joints in Finish Materials Integrating Existing Work Hazardous Material Certification Location of Equipment and Piping Overloading Manufacturer's Instruction Cleaning Up Dust Controi Fire Protection Cutting and Patching • Project Closeout Guarantee and Extended Guarantee Record Drawings Construction Fence Product Deliver, Storage, Handling Age Disabiiity H CONTRACT TIME H-1 Definitions H-2 Progress and Completion H-3 Delays and Extension of Time H-4 No Damage for Delay I PAYMENTS AND COMPLETION 1-1 I-2 I-3 I-4 I-5 I-6 I-7 I-8 I-9 Contract Sum Schedule of Values Adjustment of Quantities Progress Payments Certi£cates for Payment Payments Withheld Unresolved Claims Liquidated Damages Failure of Payment L 0 � � � I� � � L�J L� L�J L�J �J � I-10 J J-1 J-2 J-3 J-4 K K-1 K-2 K-3 K-4 K-5 K-6 L L-1 L-2 l-3 L-4 L-5 M M-1 M-2 M-3 N N-1 N-2 O P P-1 P-2 P-3 P-4 P-5 P-6 P-7 P-8 P-9 P-10 Q Q � 0 Q 6/23l99 � Substantial Completion and Final Payment PROTECTION OF PERSONS AND PROPERTY Safety Precautions and Programs Safety of Persons and Property Hard Nats Emergencies INSURANCE Insurance Required Workers' Compensation Insurance Liability Insurance Builders Risk Insurance Proof of Insurance Other Insurance Related Requirements CHANGES IN THE WORK Change Order Claims for Additional Cost or Time Overhead Allowance for Changes Minor Changes in the Work Field Orders UNCOVERING AND CORRECTION OF WORK Uncovering of Work Correction of Work Acceptance of Defective or Non-Conforming Work TERMINATION OF THE CONTRACT Termination by the Contractor Termination by the Owner S1GNS TEMPORARY FACILITIES Scope Use of Temporary Facilities Maintenance and Removal Fieid Offices and Sheds Telephone Toilet Facilities Utilities Heating Temporary Construction, Equipment and Protection Project Bulletin Board VENUE 00000 GC-22 C �� l�'J L"J l� L*'J � � L�� L�l � l#J ��I J l�' L'�J�� i f Revisions 10/6/98 Flood and Earthquake not required in Builder's Risk unless required by Notice to Bidders 6!4/99 Minor editing 6/23/99 Major revison of K-2, Workers Comp Insurance � 6/23/99 GC - 23 � a 0 � � � � D � a � � Q I� � � � � � � WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets Rain January 7 1.80 1 February 7 2.36 * March 7 2.54 * April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 " December 6 1.82 * ANNUALLY I 77 ( 32.30 I 1 � I (1) Mean number of days rainfall, 0.01" or more (2) Average normal precipitation, in inches . (3) Mean number of days 1.0 inch or more ` Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation, (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to 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. WT - 1 � City of Fort Worth � � CLASSIFICATION lJ lJ L�J � L'!J � L!'J ��I L!'J l�J � 1994 BUILDING & CONSTRUCTION TRADES STANDARD WAGE RATES FOR TARRANT COUNTY HOURLY RATE BUILDING TRADES AIR CONDITIONER MECHANIC AIR CONDITIONER MECHANIC HELPER BRICKLAYER/STONE MASON BRICKLAYER/STONE MASON HELPER CARPENTER CARPENTER HELPER CONCRETE FINISHER CONCRETE FINISHER HELPER CONCRETE FORM BUILDER CONCRETE FORM BUILDER HELPER DRYWALL INSTALLER DRYWALL INSTALLER HELPER DRYWALL TAPER ELECTRICIAN (JOURNEY) ELECTRICIAN HELPER ELECTRONIC TECHNICIAN FLOOR LAYER (RESILIENT) FLOOR LAYER (CARPET) FLOOR LAYER HELPER GLAZIER 12.10 GLAZIER HELPER INSULATOR INSULATOR HELPER LATHER 15.83 METAL BUILDING ASSEMBLER METAL BUILDING ASSEMBLER HELPER PAINTER 10.20 PAINTER HELPER PLASTERER PLASTERER HELPER PLUMBER/ PIPE FITTER PLUMBER/ PIPE FITTER HELPER REINFORCING STEEL SETTER REINFORCING STEEL SETTER HELPER ROOFER ROOFER HELPER SHEET METAL WORKER SHEET METAL WORKER HELPER SPRINK�ER SYSTEM INSTALLER STEEL WORKER STRUCTURAL STEEL WORKER STRUCTURAL HELPER LABORER SKILLED LABORER COMMON EQUIPMENT OPERATORS � CRANE, CLAMSHELL, BACK HOE DERRICK, DRAG LINE, SHOVEL FORKLIFT FOUNDATION DRILL OPERATOR {"j FRONT END LOADER � r TRUCK DRIVER WELDER WELDER HELPER D � 13.86 6.64 13.56 8.29 10.68 8.52 11.51 8.38 10.36 7.58 11.93 7.55 10.29 13.�0 8.22 8.75 13.17 13.17 6.44 7.26 10.83 8.70 9.06 7.22 6.52 15.48 9.00 12.18 8.57 9.77 6.98 10.49 7.95 10.47 7.34 9.72 13.24 8.40 7.65 6.47 7 0.20 10.20 9.27 10.53 9.89 8 06 11.83 8.59 WR- 1 � 07/06/99 a � � � D � � a � � � � � a 0 � � a � WILL ROGERS AUDITORIUM TECHNICAL SPECIFICATIONS Division 1- Summary of Work 01010 Summary of Work Division 2 — Surface Preparation 02060 Surface Preparation Division 9 — Finishes 09200 Plaster 09900 Painting and Finishing Report on Will Rogers Auditorium Paint Peeling Evaluation e Page 01010-1,2 02060-1,2 09200-1,2,3 09900-1,2,3 1-17 � � LJ �� lJ � � U � [�� I�J � LiJ I�) � � L"�J u �� L�J 01010 — SUMMARY OF WORK SECTIQN 01010 01 PROJECT DESCRIPTION A. The project consists of ail work to be executed as herein described and as shown on the drawings entitled "Renovation to Wifl Rogers Auditorium, Fort Worth, Texas", prepared by the City of Fort Worth, dated June 1999. B. The Base Bid work consists of renovation and restoration work in the proscenium and front section of the auditorium to eliminate deteriorating conditions including plaster and paint. C. The existing building generally consist� of the Auditorium and Balcony containing approximately 2,964 fixed seats, lobby, foyer, stairwells and restrooms. D. The construction generally consists of �elective paint and plaster removal, plaster repair and resurfacing and painting as indicated on the drawings. No acoustical ceiling tile or acoustical wall tile is included in this scope of work. E. Trial test area (8'x8') for plaster removal, plaster repair and paint application to be approved by architect prior to work. (Paint application may applied at a later date after plaster work has been approved.) F. Alternates shall be as follows: Alternate No. 1: First floor level removal of paint layers, plaster repair as required, paint one base coat, paint firvo additional coats; Auditorium side aisles including soffits, auditorium rear wall, entry foyer, corridor #131, Stairs #11 &13 including ceiling. All areas to include ceiling and/or soffits as required. Underside of Balcony (ceiling at first level) and Balcony face. 01010 -1 lR� t�i � LJ 2. Aiternate No. 2: Second floor level removai of paint layers, plaster repair as required, paint one base coat, paint two additional coats; Balcony and landings, Restrooms: Men #301 & Women #308. All areas to include ceiling and/or soffits. Mezzanine and landings, Corridor #209, Restroom: #204 & Lounge #120. All areas to include ceiling and/or soffits. a 3. Alternate No.3: Tower Lobby & Hall removal of paint � ' layers, praster repair as required, paint one base coat, paint two additonal coats; ["� Tower Lobby, Hall and ceiling # 1,.J 02 CONTRACTOR USE OF PREMISES � � L�J l!J L■.� Isl LJ l�! � l�J � A. Special Considerations: 1. All operations in the interior of the facility will be coordinated with the owner and cease as required by facility schedule. � 2. $ase-pr•e}eet�r ^� �� contractor will have control of facility without interruption for 42 days at a mutually agreed upon start date. �-.,� �� R��ir�g-plas#�er�ael+tsr�rdust control and positive ventilation shall be provided by the contractor. 4. Clean up and protection- Provide barriers, protective covers and positive ventilation to ensure that no part of the renovation is damaging to existing furnishings and finishes during the construction period. END OF SECTION D01010 -2 � � � � L� L�J � '�J � �! l!J � LJ � LJ L�J � L�J SECTION 02060 Q2060 — SURFACE PREPARATION 01 SCOPE 02 A. Remove all paint layers and "yellow" piaster. The "yeilow" plaster layer shall be totally removed to expose strong plaster base. B. Remove deteriorated materials, plaster, lath, channels, etc. as far back as necessary to reach firm areas. Clean existing lath and plaster of all dust, dirt, powder residue, oil or other cor�taminants. Rework metal lath as required. Dampen open areas and patch with plaster or other approved patching compound. Sand areas to match and blend with existing surfaces. C. Care shall be taken to protect existing features from damage by any tool, equipment or material. Repair will be at contractors expense. D. Contractor to review "Report of Will Rogers Auditorium Paint Peeling Evaluation". Recommendations are shown on Page 15. (Attached} QUALITY STANDARDS A. B. C. Provide experienced, well-trained workers competent to complete the work as specified. 03 All work shall comply with governing building and safety codes, including personal safety. Examine and verify that job conditions are satisfactory for speedy and acceptable work. PROTECTIVE BARRIERS AND COVERS A. Provide demolition materials, barriers, protective covers to fixed seats and carpet to complete the work as specified to ensure that no part of the renovation is damaging to existing finishes and equipment during the construction period. B. Environmental Controls: Use water sprinkling, temporary enclosures, and other methods to limit dust and dirt migration. � 02060 -1 � � � � L� � � � � � l�, � L�J � �•J l�J L�J � � � Q4 DAMAGES A. Promptly repair damages caused to adjacent facilities by demolition work. END OF SECTION 02060 -2 � � IJ 92200 — PLASTER 01 GENERAL SECTION 92200 � Furnish all labor, materials, equipment, and services for a complete installation of all plaster work, as shown on the drawings and as � hereinafter specified, but not limited to the following: � A. Plaster repair for proscenium, soffits, ceilings and walls as shown on the drawings. � B. Metallath. C. All accessories implied or required. � �� L�J lJ �� J Q2 MATERIALS A. B. C. Plaster- Color and texture to match existing. Portland cement, white cement, gypsum plaster, coloring materials and lime shall be National Gypsum, U.S. gypsum Co. or Georgia Pacific. Package materials shall be delivered in original containers, unopened and bearing manufacturer's name and brand. Water shall be drinkable from existing source at no cost. D. Sand shall be clean, free from deleterious matter, and shall be screened and well graded from fine to coarse to produce a smooth working mix. E F. Metal lath- Install lathing and furring materials indicated for gypsum plaster to comply with ASTM C 841. Metal trim- including but not limited to corner beads and grounds, casing beads edge molds, etc. shall be galvanized. 03 INSTALLATION A. Metal Lath and Trim Furring, lath, and suspension; Install in accordance with the best recommendations of the manufacturer. This practice shall also be followed with all corner beads, corner lath, expansion joints, end joints and casings. 09200 -1 � � �1 l�J � �� lwl � l�.l �� L �� L� �� L'� B. Plaster 1. Prior to beginning work all grounds shall be checked and ' inaccuracies shall be corrected. 2. Cutting and Patching: Cut, patch, point up, and repair plaster as necessary to accommodate other work and to restore cracks, dents, and imperFections. Repair or replace work to eliminate blisters, buckles, excessive crazing and check cracking, dry outs, efflorescence, sweat outs,. and similar defects and where bond to substrate has faifed. 3. No work shall be applied unless the temperature is at least 50 degrees F. All work shall be kept damp in hot dry weather for 24 hours after application. 4. Utilize plastic barriers to contain dust. Exhaus� ventilation to be provided by contractor. 5. Plaster Base Coat Compositions: Comply with ASTM C8�2 and manufacturers directions for gypsum base coat proportions that correspond to application methods and plaster bases indicated below: 5.1 Three-coat work over metal lath: 5.1.1 Scratch Coat: 1 part gypsum plaster with not less than 2 parts job-mixed sand. 5.1.2 Brown Coat: 1 part gypsum plaster with not less than 3 parts job-mixed sand. 5.1.3 Finish coat: Gypsum Plaster: 1 part gypsum plaster and 2 parts sand. Or, Gypsum Ready-Mixed Finish Plaster: Mixed in accordance with manufacturer's printed instructions. .� 7 Lath shall be applied and well nailed or wired securely in place. The first coat shall be applied with a sufficient force to form good keys on lath. 8. When the mortar of the first coat has become firm, but not dry, the surface shall be scratched to form a rough bond for the next coat. 09200 -2 � � l�l lJ �� 9. The brown coat shall be brought to true uniform plane with a straight edge of floating rule to within 3/8" to 1/2" of finished surface and left rough to receive the finishing coat. 10. The Contractor shall be responsible for determining the most effective procedure for curing and time lapse between application of coats based on climatic and job conditions. Plaster which has cracked or crazed due to improper timing and curing will not be accepted. Remove and replace defective plaster including plaster base materials, if damaged during removal of defective plaster. � 11. Cure time for plaster application to be 3 weeks prior to painting. Test for condensation 2 weeks after completion by placing an 18"x18" clear piece of poly film; duct tape a11 ,� edges. Leave in place for 2-3 days. If condensation forms, wait to apply paint. I,� C. WORKMANSHIP �J � L�� CJ � [� � � � � I_!1 � Lathing and stucco shall be done by skilled workmen und�r the direction of a competent foreman. CLEANING AND PROTECTION 1. Provide temporary covering and whatever other provision is needed to minimize spattering of plaster on adjacent finishes, seating or carpet. Contractor will be responsible for cleaning of all seats and carpet to the satisfaction of the manager. Promptly remove plaster from other surfaces. When plastering work is completed, remove unused materials, containers, equipment and plaster debris. 2. Ventilation: Ventilate building spaces as required to remove water in excess of that required for hydration of plaster. Begin ventilation immediately after plaster is applied and continue until it sets. 3. Finish plaster must be complete prior to paint start. END OF SECTION �j 0920Q.-3 11 L�J CJ L1 �!.I I� L� � l� � LJ ,� � C�J LJ �� L*; I �J � SECTION Q9900 09900 — PAINTING AND FINISHING 01 SCOPE A. Furnish all materials, labor, equipment, and services necessary for the surface preparation, complete painting and finishing as shown on the drawings and specified herein. B. Items included, but not limited to are interior walls, ceilings, soffits, and fascias. Paint exposed plaster surFaces whether or not designated on drawing, except where a surFace or material is specifically indicated not to be painted or is to remain natural. Where an item or surface is not specifically mentioned, paint the same color as existing. � C. The painting contractor shall examine the specifications for the various other trades and shall thoroughly familiarize himself with all provisions regarding their painting. D. Plaster application to cure a minimum of 3 weeks prior to painting. Test for condensation 2 weeks after completion by placing an 18"x18" clear piece of poly film; duct tape all edges. Leave in place for 2-3 days. If condensation forms, wait to apply paint. E. Items not to be painted include the following: 1. Acoustic tile wall and ceiling in Auditorium. 2. Vitreous tile trim on �ertical surFaces at auditorium ceiling. 3. Auditorium ceiling plaster, except at proscenium. 4. Exposed brick masonry, stone and marble. 5. Finish hardware, except hardware with existing painted finish. . 5. All glass, light fixtures, metal trim, etc. 6. Doors, frames, handrails and wood trim. 02 03 SUBMITTALS A. Color samples to match existing must be submitted to Architect for approval prior to application. QUALITY ASSURANCE A. Single Source Responsibility: Provide primers and undercoat paint produced by the same manufacturer as the finish coats. � 09900 - 1 � L1 L*i Ifl � �, � � 04 PRODUCTS A. Paint for plaster surfaces to be as follows, or equal with approval by Architect: Primer: Jones-Blair- #975 Multi-Purpose 100% Acrylic-1 coat, apply at 3 mil wet or 1.5 mil dry. Finish Coat: Jones-Blair- Wash & Wear Semi-Gloss Acrylic Enamel- 2 coats at 3 mil wet, 1.5 mil dry per coat. 05 EXECUTION A. Examine substrates and conditions under which painting will be � performed for compliance with requirements for application of paint. Do not begin paint application until unsatisfactory conditions have been corrected. � � � B. Contractor shall be responsible for verifying that the plaster surfaces are sufficiently cured before the start of any paint application. C. Prior to the beginning of any work verify with the paint � manufacturers' representative that the PH level and moisture content of the plaster is in tolerance with the manufacturers � recommended levels. �� J r,� u LJ L!� � 05 PREPARATION A. General Procedures: Remove hardware and hardware accessories, plates, machined surfaces, lighting fixtures, and similar items in place that are not to be painted, or provide surface- applied protection prior to surface preparation and painting. Remove these items if necessary for complete painting of the items and adjacent surfaces. Following completion of painting operations in each space or area, have items reinstalled by workers skilled in the trades involved. , � 09900 - 2 IL� � B. Lost, broken or damaged �xtures shall be replaced in kind by the contractor. The architect shall approve any substitutions prior to installation. � LI � l� L� � C�! � ls! � �� I�J � � � L� �: 07 B. Clean surface before applying paint or surface treatments. Remove oil and grease prior to cleaning. Schedule cleaning and painting so that dust and other contaminants from the cleaning process will not fall on wet, newly painted surFace. C. Plaster: Remove efflorescence, chalk, dust, dirt, grease, oils and release agents. Roughen as required to remove glaze. D. Minimum Coating Thickness: Apply materials at not less than the manufacturer's recommended spreading rate. Provide a total dry film thickness of 1.5 mil per coat as recommended by the manufacturer. CLEANING A. Cleanup: At the end of each work day, remove empty cans, rags, rubbish, and other discarded paint materials from the site. B. Upon completion of painting, clean glass and paint-spattered surfaces. Remove spattered paint by washing and scraping, using care not to scratch or damage adjacent finished surFaces. PROTECTION A. Protect existing surfaces, fixed seating and carpet against damage by painting. Correct damage by cleaning, repairing or replacing and repainting as acceptable to Architect. . . C Provide "WET PAINT" signs to protect newly painted finishes. At completion of construction activities, touch up and restore damaged or defaced painted surFaces. END OF SECTION � 09900 - 3 � 1� �. � � � � � � L�J � L! ,� � � � �� lJ � 02l16/S9 07:�0 2142410619 CFP� LABORATORY INC. R�port on �1! Rogers Auditorium Paint Peeling Evaluation Wayne Britton CPM Laboratory Febtuary 2, 1997 PAGE 02 GPM LoDorttory, 12e0t Ste�tx�son� Ft+veWtay. S�it� a29, Fatmen 8ranch. TX 7502;i 9T2-?ri1-0374 Pa9. 1 � L�J �iJ � lR� � L■J � � � � � � �L� � l�4 ��l L� I e2/16/s5 �?:5� 21a2a1e619 � • • ti�:I n r ar i t•, CFP� LABORATO�Y INC. A general survey of the auditorium vras conducted to document locations where paint faliures were oawrring, 8nd �o provide ath�r data which might be useful for understanding this paiM pee) proWem. A floor plan af the faciEity i� appet�ded and a summary of the data ftom � aurvey is provided in Table 1 below. The tabla lists the locations evaluabed in the ordar which tt�y were examined starting with the main entry� moving east up the stairs to the balcony, and then to the west and finaly finishing on the rrtain floor. The main entry to the auditorlism h�a� a!at of glass surface witfi a ticket room on each side and relativeiy lirnited p�inted areas. The painted areas and doors ail show good paint adhesion. 1IYth two exceptlons, the balc�y appears to be fr�ee of paint failures. Much of the area is s�coustic bfe which does not seem to have any pairrt failurea. One waN of the batcorty on tfie west side t�ad an obvious water problem whic� we have di�ed previously in the lnitia! tour of the facility. This area was rrot i�vestifgated furtfier. The hallway behind the bak�ny had sed;ons which vrere sheetrodc and no faUures were observed on this suFfaoe. Genetally the hallw�y was free of paint failures until one moved toward the ataiMrelts at either end where the failures began to st�aw up. ' . The men's room on the aecond floor had a number pai�t failures but it is likely that some of these are due to physic��l abrasion of the surfaEces. Moving uq the west stairrvetl tttere are failures cbse to the bridc but faitures are infrequent as you move away from the bridc on the upper s�ction of the walls. 1n the coat room on the eaat �ide tt�ete was a paint problem on a heat rogi3ter, but this appears to be a unique situation--there is no plaster and the temperature conditions on the regiater are �Icey to be different from the other problem areas. In summary, the fai{ures are absExv4et� to oxur on outsicle walis, ceilings, and interior walls, Many of the faiiure� appear in the stairvvell regions, on the main levet east a�d west wai�� and on the vent cover on the ceiling in front of th� stage. The frortt af the balcony faar� the sta�e had some failures and a several problems existed on bath sides c� the wall behind tt�e tast row of c�airs an the main floor. Sec;tiQna of the c�ili�lg atong the east and west islea of the main floor alao have some problems. a�s we� � the east and west regions near the outside doars on the main floor opposne t4�e stage. Areas with few fa�ures indude ttte entry. af! the acoustie tih and sheetrocic surtaces, and ths hallway behind the ny an the second floor. Wrth the CPM Laborotory, 12aGt SMmmorw Froew�r. SaNe 429, F�m�sn &anah. TX 75023 974�41-8374 Pap. PAGE 03 � � a U LJ � U � � � f � � ,� I � � � � �' 02/16/89 �7:50 2142410619 CPM LABORATORY INC. exception of the acous�c tiie, these areas represent a relativety smatl percentage of the painted area. r�bie � Summary of Palnt Cottditio� Throughout AudiLurium L�ti�n s�1�tC � Entry red/brown good Entry � da�ic gray good Entry light gray good Entry doors red brown good East Ticket Raom light gray good East Ticket Roam- gray failure of paint -heater vent East balcony Stair dark gray > 4 failures East balcony red/brown failurea landing ceiling men's room gray several failures balcany east wali good wood handrait mount projection room biadc, few 1a��er� few failu�s, ge�erally OK balcony ceiling datk gray one failure �ear a vent east balcony wali light gray failu�e, eftlorescence, water west balcony failures landing . west balcony gray OK handrait mount � west balcony fallures landing west balcony failures south wall west baic�ny failures c:eiling acoustic tile in OK balcony west stairv+►ay redlblueigraylbtadc faifure west stairvvay gray faiture ceiling west staitway �ed and b{ue failure ceiling CPM l.aborslcry, 12�1 Slernnw�a Froeway, SuNe 828. Famien Br�, TX 75023 972-241-0374 RaQe 3 PAGE 04 � 02/16/89 0�:5� 2142410619 ■ �� lJ La�a�a haliway behind balcony, ceiling hallway behind balcony, wall hallway behind balcony near stairs down stalrweli near brick an outer and inne� wa11 Main floor. inner loge, walls and ceilinga west wing at end of lower loge east wa11 on main floar--mostfy abave ground lavel ceiiing over vent above and away from stage column ceiling near east wall facia along bal�ot�y west outside wal! an main floor west outside wal{ on main floor atairway on wsst wall CPM LABORATORY INC. �L �si!! gray, darfc aray, OK red/brown. k�lue light gray wailboard 4K � � � � � Li�J � r � � L*�J LJ '� � � above atairs on inside wall of weat stairway near stage ceiling above columns near west wall effluorescance at ceiiing wafl junction effiuorescence on wall effluarescence, water dawnspout diredty opposite stairway water problems, effluorescenoe, flat roof above, drains appear to run onto roof failures except fior last �ction near erttry—this seGtion has a roof above, othe�s do not FAGE 05 CF'M l.aborRWry.12801 S�er�xT�Ons Freevray. SuIN 02A. Fi1m'lOrs BranCh, TX 75Q2J 97%241-8374 PaQe 4 �'�� failure ail cobrs failure I'�ght gray aome water btiaters, fallurea failures all a{or�g ceiling, worse toward stage, ceiling worse #han walls gray failures mo8tly to th� left sjde faang stage no failures failurea I � � [1J � l�! ,�� L�J � L�I � L�l L�1 � � L�l L■ � � LJ � 02/16/S9 07:50 214241�619 � � • � • :r. ri . ,r • .-.: . •r , c.�•a CPM LABORATORY INC. Eight pairs of palnt sampfes were scc�uired throughout the auditorium providing representative sxamples of faiiurea and a corresponding good referenc� paint sample for eaCh failure. In addition to the sample pairs, a fiew other examples of paints failures were acqui�ed. A fx,�ure representi�g thc auditorium floorplan ia appended which indudes the approxinra�e location of the sight samples: The reference aampi�s wero acquired olose to the region where the faibd paint samples were acquired, having the sarne orie�rtation (celling ve wa11}, proximity� and paint colar as the samples. Tt�e goa! for selecctirig the samptes was ta provide a representation of tt� types of paint tailures, 'rf indeed� more than one failur� mechanism is operative. Samples were acquired from waEis and ceilings, and from the west walt which had been reptastered and repair�ted in the (ast renovatbn in 1980 or 1991. Sampfes and references were acquired by dritling out i inch diameter oores of pa'tttt �td plaster. �ach of the eight samples and re�erences were examined by Infrared spectroscapy and by mkroscopy. Cros� sec�ar�s of the eight samples and corresponding references werc mounted, polished, and examined microscopically. Table II below provides a summary of the visual obaervations made of tF�e sa�les which were acquit�ed. Some of the observations were made under the m'�a�oscope and others witfi the una'tded eye. Infrared spectrosoopy ptovides a pioture af the chemistry o# the samples. It is particulariy useful for or�anic materials, but many inorganic arHons may be identified with this technique. Infrared spectcoscopY is not �{e to identify the metals which are present in sample�. ft was iMended at the onset to evafuate the paint samples which were direetfy irnrohred in the peeling or fa�ure, however, in nearly every case, a thin yeMow tayer on the top of the piastar latyer seemed to be invohred in the failures. Tttie focus of tho investi�ation v�ras thenefore directed at this yellow material to get an understanding of its chemistry ir� oMer to b�ter understand the fadures. The pla� for the eght reference and sample sections was analyzed by lnirared sped�osco�ty and aH were %u�d to be mixturea of carbanate and auifate with differeM �atios of each. A comparison of the ra�o of the carbonate peak size to the su�ia�e peak s"izs for the sampies and references indicated no dN'fenence �r the two groups. f�frared spe�tra for the sample reference p�astera are appended. Microscopic examinatioEi of the samples i�volved recording the colors of the layers af painVplaster whic;h appeared to be irnolved in f1�e failuro. In some cases the colora of all of the paiM� which were bonded to the Rlasfier were documented. A summary of this it�formatiort is provided in Table 11 bebw, Many layers of paint were found on mo�t of the samples and refer+enoea and at least 8 CP1V1 Laboratory, 12�p1 SterlxnOM FteeWay. Suite 829, Famists Br�nth. �( 75029 972�41-a374 Paps $ PaGE 06 � u I� '� � L�J � [� LJ UJ � � � � � l�' I�I LJ �� 02/16/89 07:50 214241�619 CPM LABORATORY INC. layers were counted on one sample. The total paint thickness is estimated to be about 20 mils on the thicker rt�uttiple pairit sampies. The paint and plaster layers were probed while observing the sampie under the microscape. VYhile thia is not a c�uarrt;tative technique, one can qualitatively assoss the force necessary to scratch. move, or deform the coating layers while observing the behavior of the ma�erial. � r� ri • a • •.i+ •„•. ' I�� at=1l•:a•:r. �j The laboratory identfication number and Iocations for the eight samples and corresponding referonces are given m the table belaw and are depicted on tt�e appended floor plan. A notatan on the paint color starting with the white plaster layer is provided unci�er the comment heading of. the tabie. . . : ts:; �; � . . � . : 1� . : P�Int Samntea K888 Center rear of auditorium--No. 1 K887-Reference for No. 1 K888 West wafl near stair well- efHuorescence-No. 2 K889 Reference €or No. 2 effluorescence K880 Reference ior No. 2 K891 West wall ceiling Na. 3 K892 Ref for No. 3 K893 lnner west wall top of stairs No 4 K894 Reference for No. 4 K895 fnner east waN opposite door No. 5 K696 Refierence for No. 5 � white� yefJo�x� silver(aluminum), yelbw and silver layers disbo�xling; yellow and vrhi�e plaster diabonding white, yellow, silver (Aluminum) � gray on white only--paint puUs white away gray on white substrate white 9ray onfy-�raY pulls white away which may be a primer-s�uita smaoth white, yel.red,large chip with srnooth plaster failune. Sorr�e yellow on plaster but mos�y ptastier f�iluro white. Yt�l, red� Ye�, aqua (Ya� aqua failure?� Aqua layer tough, upper yel tough, some red tayer expa�d and possibly failuro gray on white--some paint faifure--chariry within pairn layer. Some pai�t plaster bond failure gray on wh�e only. Pairtt well bonded to wfiite white, yel� red white, yet, r�d PAGE 07 CPM Laboratory, 12801 St.rtx�w�s Ft�eway. SuM BZg. F�m�eti BtancA, TX 780Q� 972-241-8374 P�ge 6 I�J 02/16/89 07:50 D �. � �� r', �J �� l�J � LiJ L!1 L�l � u L!J L�J L�J � � � �� 2142410619 pe�nr s��r� K897 East isle oeliing between pillar 2 and 3 No. 6 K898 Ref for No. 6 K898 Top of east stairs No. 7 K9U0 Reference for No. 7 K901 Top east sta�r ceiling No. 8 K902 Rei�re�ce for No. 8 Ceiling ea�t iab, K9�3 K904 Tape Sample K905 Coat room sarnpl� K9Q6 KS18 CPM LABORATORY INC. � white, y�l, aluminum wh;te, y�, �luminum whit�, yel, a�uminum w�,ite, yei, a�uminum yel r�d � w#tfite, yel, s�ver ye�. red, broMm� Yel� rad, bro�m, �ue, red yel, I� r�, �c red, ft bh1e, d!c blu�e� yei� wfitlte, $raY whit�, It bf�e, yel, gray Failure of pta�ater. Piaster �Y � 3ampRe kari .�adc Ourtiam-dk bk�e, � t�t,e� Yel, �ray, cx� at yel blue ir�sfa�aa, n�tfY plastec fa�ure, sa�bs ate a!I v�rt�te on the badc. PAGE 08 The first paint sam�e vvas aoqui�ed fran the ma}n f{oor o� the auditotium behind the last row o� seats. Th� lonatiq�n i� on an i�t�rior w�aq free af etfeats found on wa91s adjacer�t to thQ bu�ding exk►�ior (effec�s euch a� pressuPe, moisture, and temperaturo due to �xposure). The falied and retererwa pednia samples have a yeibw layer on top o# t�e wh� p�aber which ia folto+�red by a� aihrer metallic tayei. i'he pairtt and plaa�ar aea�t� � eas�y pull a�vay ftnm the a�lver tayer. A sample of the ai�ver pa�nt waa t�at�d with a sodium hydroocide sot�ion and it reacted vi9flfousiY evoivi�9 g�• This �S c�on�lsterzt with aiurrtinum metal, and it is concluded this me�c tayer �a �nam paint Aluminum paint is sometimes uaed to hide odora ihom srtwke a� a flro, but it �a not known if �ia ia the rcaaon why this coating was u�eci here. Tiie pt� �nd the yelle�w layar vrero fourx! to cons�t mainly of ctttbo�a�e a�nd su�te. The yetbw tay+er al�o cantains an cxganic c�mpot�et�E--see bebw. The second sample wras aoqudne�d it�irr� the wast waN near the a�ell in lir�e with the stage. The west waiN is �que wi� t8spec# to tha rest af tfie building. The plaat�� on this wa1! w�as r+ep�sd dwir�g the last rer►ov�ation, and therefore this section does nat have the m�i� layera of pair�t, nor does it have the nearfy ubiquitous y�Now paintlpls�t� t�per which is di� iu� bebw. There are also other fe� about this waN �d the re�ion of the wa� v�hich must be CF'M l.aboratory. 1�E01 8bnrno�» Freeir� 9t1� G78. Fartnets &anch, TX 75�OQ3 97�,241-037{ Ppe 7 �; l� �I u � � � u L�J � � � u LJ L�J �2/16/89 �7:50 2142410619 CPM LABORATORY INC. dlscussed. because it is believed these other featurea bea� on the paint fai1ure8 which exist here. Two paint failures on th�a wal! ar�d a third failure above the atalrway on the east side of tt�e hallway show evidence for efffuorescence. EHtuorescence ia a deposit which fortns on the surfacr of masonry or near a paint failure o� the masonry. The deposit is the resuR of movement of water through the masonry carrying with it soluble salts wt�ich depasit on the surface as the water � evaporates. The water movement is caused either by evaporation or hydrostatic pressure. Effluorescent salts incwde carbonates and sulfates which are present in this plaster. An infrared apcctrutn of the eftluorescent sample is shown in Figure 1 below. Ff�une T. FTlR Spectncsm of E�fuor�scence from Simple 2 .� � �� adoo �dbo �doo �dbo Aeaotoance r wa�rammcer (c�t) F1N / 6 = K86vV1! VYb, K{l9.1�2 SMiAPLE. 6T11FP OU'f OF P/11NT. KBR. 01-2QY7 �sbo �abo sdo �pW X-tootfl CURSOR Rts�4ar�1 The large peak near 1040 wavenumi)er� in the sp�ctrum indicates the � effiuo�escence contains mosUy sut�ate. Cart�onate is also preserrt which could a{so be present in the etfluocescet�ce or it cou{d be from plaster contami�a�on. These salts are probably derived fr�om the plaster� however they sometimea � come ftom soil which can� an outer waH, and it is possible for aalts to mtgrate several feet above grade. � L�l �l The effluorescence observed on the we�t waU has caused some bulqing of the paint layer. Sample locstion no. 2 taken ne�r the bottom af tfie stairvvell which shows effluo�nce is below g�ade and directfy opposite a drain spout which ru�s from a section of the Rat roof above down the outside of the building. c�n �r,tory, �seo� st�no�x Froaw.y, su�a a29, Famw� s�,a�. nc 7so2a 97Z-24t-aS74 �. 8 PAr,E 09 l�J � u L�J � u �2/16/89 �7:50 21n2a10619 CPM LABORATORY INC. Another failur�e observed on the west wa{I was toward the nofth, about half way along the wali. This failure appea�ed to be above tt� outside grade but it atso showed evidence of ef�tuonesoenoe. This entire {ength of wall is below grade level to some degEee, with a turf�aaa along the full length on the outside of the building. The east wal! by contr'ast has a parking bt along its bngth a�d it is at ground (pa�icing bt} level. The e�st wait does not show any evidence of effluorescence. aSamples no. 3 and 4 were taken h�om the ceiling reglon and from #he inner hallway wal! above the staitway dose ta sa�tnple 2. Thia is an interior walf in contrast with the aampb from no. 2, ho�wer sample 4 from the wall atso shows � evidence fo� etfluorescence. Upon further inapecxion� this waN is diredly balow ths Junciion of the fl�t one story roof and the three stary ou�s�de wal1. There could be a water prablem hare af�o� as the draf� pipes delnrer the water down Donto the flat roof. Based upon the bcation of the failures ar�d the observation of efffuorescence, it is conduded that the paint problems in this area of the building aEe probably relat�d to water. {t 'rs alao noted tfiat the sample no. 3 ftom the � ceiUng has the soft ye{Iow ptaster fay�r at the intertace with the p�aint and multiple layers of paint are found here. i'herefare othe� probl� may also be operativve at this locabon. LiJ LJ �� u � L� I,� u I� �l I�I f� Sample no. 5 is from a bcation nearly opposite w�ere aample 4 was acquired but on the east inner wall. Dlrecay oppoaiUe this lor.ation is a door which lea�ds to the pa�icing lot outside. There is �o e�videnoe for effloresce�ce here, afthough this section is alsa directly below a ftat one stary roof. The paint here covera a yel(ow plaster fitm over the white plaster as we find in most othe� locations which we have examined. Sample no. 6 was acquired from the cei�a�g betvveen pillars 2�d 3 on the we�t side of the seats on the main f�oor. To provide a raference, piliar no. 1 is dosest to the sta-ge and pil(ar no. 4 ia near the badc of the tast row of soats on tf�e main floor. No paint fa�e�res wero observed between pNtars 3 and 4� but several failures were observed betwee� p�ars 1 and 3. The ceiHn� above plllars 1 to 3 ia below the one story ftat roof which was discussed eailier, hawever the ce�ling above the regbn between pillara 3 at�d 4 is nat part of this sing{e fEoor flat roofed ragion. The paint from no. 3(between piilara 2 and 3) and the reierence sample (between piHars 3 and 4) appear to be the same. The plastef is fdlowe� by a thin yellow layer which is foNowed 6y a� aluminum paint, s'itnila� to tttat for sample 1. No evide�ce for efi�ore�soe�ce is notad for sample 6. Sample no. 7 was aoqu'�red irom the oeiFin� r�ea� the end of the long halMray on the second levei bebw �nd down from the balcony. This hallway seems to be relatively free of failures except at the two ertda near the stairs. 7fiis pai�t sampb and the referonce also sMow the ye�ow ptaster layer foNowed by tt�e aluminum paint. Being nea� the staitwell, the encts of the halhKay may be subject CPM LaborAtory. 12E01 Stertxnpn9 Fteaway. &uits 829, Fsm+ers 6romah. TX TSOZS 97Z-?A1-Q374 Pagq g PAGE 10 L^1 1�' L�1 C � � ��l LJ L] L�J �u a2ii6isg e�:�e �142410619 CPM LABORATORY INC. to drafty conditior�s whlch may resu� in greater temperaturae extremes and greater fluctuatiorts in moisture level. Sample no. 8 was taken from the west oeiiing di�ectty below the roof. It also appears to have ttte yelioW layer over the plaster followed by tfie aluminum paint. i ' n,� .=, i�• :i ��;• �=.r .1 In addltion to the eight samples and references, five ott�er �aint samples were acquired. Two of them wero from the vent co�er on tfio ceilmg above the stage, and another was acquired from tt� tidcet room on the east side near the main auditorium entry. A sampfe of the plaster from the veM v+ras prepared ��d �he i�frared spectrum acquired. The spectrum w#tich is shown below does not retreal at�y aignific:ant differences from the other plaster samp�les which have been examined, differences such ns tfie presence � att�er com�onents of absence of comportertts. Th'is doe� not mest� that thts ptaste� does not have inferior physical differenc�a. VYe do see a sanall hydrocacbon p�c in this spectrum. The portion csf the hydroca�bon peak which is not obsc�tred by other components of the pi�ater, i.e.� the region near 3400 wavenumbers� loQks mudt q'ke the a 9lycal, however there ar�e other possib�s. The s'�gnif�aEx� of this peak with resp�ct to the fa�ure of this plaster i� nc�# known. F�GE 11 � �--�----�----��-r-------�-------r----_- _�r.__----�-- � � � , ��°°r�w � � i � � , r � i i i i � � a•_--^^' � ------ ' "^'^' � "-^---� -------� .__._^ � _^_"_ ' . 'i `i "i i i ..� _ ..�.. � � � � � I � . _ � ' � .. � � � , � � . .. ' .. .. � ' _ � 1 1 � A . - � - ' - ' .. . w ir� R�►w �an�iwfl �inp� - .. � _ Adhi�A_ .. ' ' ' �"' � � � � � � � � � � � � i i i k� i a •�--------�.__----'--------�-------'--___-- `---- � �-'--------'-- � � � , � � � � � � � � � � � � � � • � � � � � � � a. . .__-_.`- _-- -`----.._.._�...._---- '------- -�--------'-• , ' '►�a«l:� � � � � � � � � � � � � � D . , . . . . 1 I ��..r� ��. � I 1 1 - .1._��- -�-- -'�-ti"'.. -'-r'^-'- -�.." ".---�"`f-' -' � � � � � � i � � � � � � i t 1 � � 1 I 1 I 1 1 � �_"..'_�'..►'..��.��r-�..��..��.��_��`�r.��M'��'�..1-' • ��..r�. � 7Y� �1M � HM 1M� fM N��Arw /�MMMII�r (w►q �—� C�� l�l CAM Laboratory. 12001 8lertar+oos Ftwrrap. 8u16� e29� FtrmKs 8rancfi. TX 75�Z3 972-241-0374 Ppe 10 �� L'J l�l �LJ Gi, �J LJ � �� 1� l� L� l=_! �—.' LJ I;J � � 02/16/89 �7:5� 2142410619 CPM LABORATORY INC. PAGE 12 We do not have data on tt�te te�r�ers+t�.+res which may exist st the ptaster aver the vents during heating. 7emperature� in the neighbott�ood of 125 deg F and above are known to produce probiems with plaster whicfi oause water loss and can change the chemistry of the plaster in ways whic�t make it weaker. l= �•=_ -, •� �• �ne reason for paying so much attenti�on to the yellow layer nea� the plaster is that it appeats to be involved in many of the failures we see, and it is present in most of the samples which were �cqu�red. Many of the samples which wer�e examined and aoquired had th�s yellow layer exposed wfiere the paint layer had falle� away. Infra�ed analysis of tt� yelbw layer has oanvit�ced us that this is part of the plastet, but is impregrtated w�h an otga�ic material. The spectra for the yeNow layer from one sample is compared with the sPectrum of a plaster sample in the figure below. The water, hydrocarbon� carbona�te, and suifate peaks are identifled �n the figure below. � --'--'--r-^-"_'r-"_---r----�^- _^"��'-r"-'-"�--_"..'--' � � � � ' I i I 1 1 1 � / I 1 / I I 1 � 1 1 � � � s-_..___--�-�-----�------..,.__..�.,_-r-�----- --,...-�--------�-- � � � � . � � � , � � i � � � i � i i i i i i � ,�..__. _�- ..�._►.tMrllMrrM�hMrtfW�--^'�_ F--_--' ' � � � � --�- -- � i � � � � }� � � 1 1 � � �•---'..-'a._.-�^��---�-��..-'--�^�..�^.� �W- -.adhM�_......_� �_. � � 1 1 CyEpMI� � � I�K 1 1 I � 1 � . 1 1 � 1 � � 1 1 1 1 1 i• _ _ _ _ ` _ _ _ _ ' � ' L � _ .. .. � ' _ L � _ _ _ � _ ..l . _ .. . _ ' ..1 _ _ _ I_ _ _ _ _ .. .. .. � _ . 1 � 1 1 � �� r _ � � 1 1 � � 1 M_IImfJ1OOf1 l � 1 1 I 1 1 1 1 1 t._._.. _L..__ �_....4..��__�'___ ��' .` �_' _._!_' 1 � 1 1 � � � I 1 1 1 1 I 1 � Y��OM 1�f *� No i II�IW10� 1 t � � � � � i 0 � � ^� ___��___^_____ )_�^_^_ J__�___ " �'«__��1� ' _ ' ' ' ' _ � •• � � �iM HM IN� !01 � �M�AMr1Yr.�I1�MRpHj Notice the absence of tha hydroc�t�bon peak !n the white piaster. Other than this difference the two materia� looic es�entially the same chem'�calty. In ocder to facii'itate id�rrtiflc�tion of the orgal�Ic componBM� the yeNow layer was carefully remaved from two ditferent pairrt sampbs while working under the microscope. The isolated ye�tow samples were then exVacted with an ar+ganic sotver�#, and tfie solvent was re�rwve� by disti�ation. The residue leR ai'�er the sotvent was removed was anafyzed by infrar� speetroscopy and the apec.�tra are presented belaw. CPM Laba�ory.12E01 Sierrmor» Ft�ewtsy. 8�ib b29. Fstrner� &and�. iX 750�3 972-2�1-8�74 Pa�ge 11 � I�I L�J �I �� 02/16/89 �7:5� 214241061� CFM LABORATORY INC. � � � � � � � , , , , � � � , � , � � .M.._._...,._.'."_•"'-r -'-'_..�.,......"-r-"--'•r-'-----r---. ..._�_. i i �M�CI � Y�7N MYK � K�06-C�qflp OI�N�t NI� � �, � 1 1 1 I I 1 1 1 1 1 1 1 I 1 1 1 1 .a'____"".___'___'_"__-� ,__-'_'_" '_� ^_ ' __ _______�_' • i alhA. � i i � i i � � � i i i � � � i i i � � i � i � i .Ot .- � -'---� - ------� ----- ^ -w ^"_' --�------ - _'-"^-'--�'----- ---�- • I 1 1 1 1 I � 1 1 I I � 1 1 1 I I 1 1 I I I I 1 � � �Q � �NK �'K�10f11 �+T�I(10a11 YII�1! I 1 1 � 1 � � � 1 � � ." "" '.�f' "" "... _ _ """' �.... _. �.... � ��' � � �... -r �--�-r----'--r--- r r � i � i � � � � i i i � • i � i � i � ��'�1 i I 1 1 •.R."'.."_' '�_'__''" _ __^! ^___��•��..�___ _,� i � � ; j ""�' 1 1 iW 100� 37�1 i!d /M0 UY � N�A�w I W�.�w }f1) D The spectfa from the two samp{e extracts are identifted as molecules from a d�ss of compaunds called fatty aclds. An exampte of a fatty acid ia olelc acid. Ttte extracffi do not cor�tsin styr�te, a common compo�� of tatex emutsions. Q Nor do they appeat to contain ei4her acrylics or vinyis, atso used irt emulsions. Fatty acids of this type are moro typical of o4der paint tschnology w3�ich was used in the 193Q's and later. The acida hawever, wouid h�ve bee� in the torm of Q esters and not the free acida which ane ir�dicated by thc apectra. Fatty acid eaters may be tound alkyd paint, varnist�, linseed oil� or oth�r oaating retated products. Th� fact that tt�is extrac! is an organic acid form and not an ester form D probabty means that this compo�ent of the plaster fitlish has u�ergone hydrolysis {addition of water) whid� bres�ks an ester into �n alcottol and a� ac,id. Hydrolysis of esters to fo�rn adds ia catalyzed by either acids or bases. Wdh al! Q of the carbonate in the plaster, it shouM be quke afkafine (basic), and a moist plaster may provide the envirottrnetit tiec;essary fot tlte hydrolysis of an ester coating or sealer, The alkalinity � the Plaste� was tested by vvetting a cxushed � sample af with wate� and then we!ling a p'�ce of pH paper with water. The pH of the water was grea#er than 8 whioh is cloarty in ttte ��caHne rar�ge, and sufficieMly basic to hydrolyae esteis. � � C�1 �l A careful examinatlon was made of the yeRow layer wfiiie working under the microscope. The coating was prvbed gentty with a amaN tool while observirtg the integrity of the caadng. In every oase which was ex�nined� th�s yellow tayer had (itHe strength or integrity. It was solt and d�alky and wouid dump up when the probe was moved acxoss the suriaca. In cocrtrast, many of ine paint layers w�re much ha�der, and consolidated. Vlfith enough pressuro� a good paint could be CPeA L�borxtory,12801 Siar�mora FrewvaY, Suka a29, F�rm�s BranM, TX 75Q23 972-241-s37� Pap� 12 PAGE 13 � � � L�J u LiJ �� L�I �,� LJ I�J l�l l� L�J LJ �� 02/16/89 07:�� 214241�619 CFM LABORATORY INC. scraped away, but R did not crumble or break away easi{y as was observed with this yellow layer. The re�son for the softness af tha yellaw pla�ter layer is not know with certainty, but it could be related to the hydrolysis of the organic coating. The arganic coating itself would no lange� have the strength it once had as an este�, sittce the ester bonds t�e tt�e acids toge�hef into {ong chains wiiich ha�e greater � dimension and strengtfi. Acids may also react with lime and carbonate in the plaster reducing the bonding strength in the regio� whet�e these acids are formed--at the firt paiM surtace. Whatever the reaaon fior tho so�fiess of the yellow layer, the fact is that it has lit�e integrity and ia probably re�sponsible for some of the paint failures. To undersiand this better requiras a� understanding oi plaster, ibs methaf of applica�on and ita physical t�ar�ctetts3lt:s. When a plaster is appl'ied, it is finished by trowekng, which c�mpac�s the out,cer layer and r+emoves �ome of the water. The conaequsnce is the outer layer becarnas hard �nd dense compared with the lower plaster. This hard a1cM provides the support for the paint, and withstanda the forces app�ed to it by the drying paint. Certain paints such as epoxy whicfi fomn extremely hard and stro�g layers are some�mes abte to cause plaster failure. When multiple tayera of paint bu� up on a plaster surface, the forces axe�ted on the p{aster increase� if far no otfier reason than just Qravity. F�owever, ttte strength of the pair�t can incrsase to the point tha# it is stronger than the plaster. The plaster fails. (n the case herc, the plaster ia not only subjecc:t�d to add'�ional forces relatsd to multiple layers of paint� but its bonding surface has been weakened. The failure is at the plaster pairtt interfaoe and the paint generally pulls away witf�out much plasber �ttached_ Thia is what ia observad in many but not a!{ of the cases. PAGE 14 An exception to tt�e failure )ust described is observed or� the piaste� from the surtace over the vent on the ceil�rtg abov� th� section just in fror�t of the stage. We vrere unable to get up to the ceiliing arxi acquire samp�es, but one small sample was found on the floof, ar�d a sec:ond aet of aamp{ea was provided by Jadc Dufiam. Each of theae aamples waa observad to t�ave faifed not in the paint layer or at the pai�t ptaster i�rfa�ce� but within the pt�as�er tayer itself. This failuse is probably a spec�al case wlthln the building. Most of the failures we observed in this r+egion of the bu�ding wero directly over the vant cover, but not in adjacent regions which were not pan of the vent cover. Preliminary diacussions revealed that this vent region has always had a paiM peeling problem. CPM Lsbotatary, 12D01 Sqmrfwns FrNwq, 3uIM E24, Fsm1�s &anc}f, TX 75�3 972.211-d374 PsQ� 13 CI �� L� �� 2/16/89 07:50 2142410619 CPM LABORATORY INC. Another issue concems the existence af the aluminum paint adjac:errt the alkaline plasier layer. As poirtte� out above, tt�is metaUic coating reacts vigorousiy wi#h an al�caline soludon. tt seems aimost inconoeivable that ove� the course of time (preaumably 60 years tirrne), so�me m�tature haa �ot condensed in this interfacial region, di�sc�lvving sorr�e of the alka�ne plaster a�d then reacfing with tt�e metalfic paicrt. We loolced carefully for evid� of this twt we have nathi�g direct to offer, other than the obvious failures of �is interface. QWith aluminum pre�e� at the pla�ter surface, there is the possfbility of formation of a minerai called ettringite (CazAl�(SO4).x HZQ wttiore x= 0 to 34} which ia a dimensionally unst�ble materiai tha! can iorm in plaster. The presence af 4 aluminum paint could l�ad to iom�ation of ettringite crystals which can lead to paint failure. � In reviewing our data on the plss�er, some fruitfu! discussior�s were had with Mr. Ed Jacacki with US Gypsum Cor}�ortati�on. Mr. Jacacici has c�siderabte experience badc to the time that the 1M11 Rogers Auditorium was construCted. �] One poirrt that he ma�e is that plastef has a�nite IN�etime, .from 5(f to 100 years. �= The question arises is the plaster ne�ar �he end of its useful 1'�'e? tt does not have the hard outer layer as lt shouki. Th!s �ayer has been degraded possibly through � the decomposition of an otganic cornponent in the pt�sber. Since this yellow layer has Imla physical ir�teDrity, and since thete ate so many paint layera�on top of the ptaster� the minimum recomrn�idation wou{d be to remove�e�erything � down to and below the yef�ow �ayer. This wouk! irtclude a!I of the aluminum paint as well. It is recbmmended that US Gypsum and Mr. Jacada be contac.ted ior re:cnmmendations on a surface tr�atrnent for the expos�d piaster. There are � many products on the market which contain ofganic polymer whiah may provide a satisiactory coating for the plas�r tio provide a base for �aint. . � � The vent over the auditorium is another s'rtuation. Here the plasber is failing. tt is not ce�tain if this is due to he�t atress or some other probl�n. A reinforced plaster may be in order at thia bcatior�. and US Gypsum c�n make some spec'�fcc recommendations here. Finally, the west wall nnd ceiling on tfie main floo� showed evidence f�or a wate� � problem. We suspect ttw�p ia waier infiltratio� in H�ese �egions and th3s shoutd be inve�s�gated and corrected. The outer +nral! below the ground level may need to be seated. ��i LiJ � L�J In summary, severa! problems ar paientia! problams have beer� identified. These ace: � A degraded iow inbagrity yellow p}aster layer exists undet' most of the paint PAGE 15 � � • � � � L�J � 02/16/89 08:02 2142�10619 CPM LABORATORY INC. • Water problems are evident on the west waii which have caused at least two of the paint failures there • Aluminum paint is found directly over the plaster in severai location� wfiich couid decompo�e under alkali�e conditi�ons pr+esent in tfie piaster + The failures over the vent area on the c�iling in f�ont af tt� st�ge a�� due to plaster faiiure and not paint failure. Thfs region may be too hot causing loss of strengih of the plaator a-ih•111f=f •:= i�f 0 � • Remove all p�int and yeNow plas�er. Qbtai� recommerxlations from U.S. Gypsum about refinishirtg the remaining plaster in thesp locatans. �btain raecommendatans from the pa�t manufacturer for a sui#able paint. l�l � � ��1 LJ L� l�!J �' L�J � 1=J ��J • The water problems on the was! wall need to be itivestigaUed fu�ther before any acction can be taken. • The use of a simple plaster otier the c��ing vent in frorrt of the stage st�ould be reconsidered. This IocatiQn may ca11 far a spec�a�/ formulated plaster co�taining modifiers whict� would provide bettertemperature �tability. US Gypsum (sea appendix io� caitact and number) has a variety of produ�ts availabie which might be suibed for this focation, and perhaeps other iocations as weli. Other conside�ttiorts indude uae of rein�orcit�g plasters. CPM Laboritory, t280/ Siorrxnons Fre�r�p. 3u1� 828. F�rrr�.rs e�and�. TX 790�3 G72,?�41-03t4 PsW 1b PAGE 01 a�. � � � � � � � � � � � � 0� Q � � � � 02/16/89 03:02` 2142410619 , .. � CPM LABORATORY INC. 2. Floor Ptan of Vifiil Rogers Aud'e�r�m wiitt �ampling �ites t�ited r+-�'''r- � � � � ! i � � � � - �rr.'"'� ' _ �_...L � f , r ��5� ` �� .�3 � � �.,�;� (� � .-� � 5 � �� . � . . � , ,. I `�, � � - - � CPM LaDor9tory,12801 Stemme�ns Froew+�r. $Pu� 629� Fans�ero gfanch, 7X 75023 9T2-Y41�8374 Page �r PGGE 03 � �� _ E � � � �.._ I� � C�l CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN BY THESE PRESENTS: This agreement made and entered into this the 5�' day of October AD, 19 99 , by � and befinreen the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the a 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 Phoenix I Restoration & Construction. Ltd. of the City of Dallas County of Dallas State of Texas hereinafter called CONTRACTOR. a � � � [i L�l LRl � L1 LJ 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: PAINT AND PLASTER REPAIR WILL ROGERS AUDITORIUM WILL ROGERS MEMORIAL CENTER That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. The Contractor hereby agrees to prosecute said work with reasonable diligence after the commencement thereof and to fully complete and finish the same ready for the inspection and approval of the Transportation and Public Works Director of the City of Fort Worth and the City Council of the City of Fort Worth within a period of 42 calendar days. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $455.485.00 and includes the base bid and Alternates 1& 2. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 42 calendar days. �'j The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works Department U as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, Builder's Risk and Worker's Compensation coverage. If this Contract is in excess of $25,000, the Contractor shall a provide Payment Bond. �If the Contractor is in excess of $100,000, the Contractor shall provide both Payment and Pertormance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort � C-1 LJ GI � r� � 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. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Condi- tions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in SIX (6) counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in SIX (6l counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the 5`h day of ��}c 1. ,�7a,C�¢-Tioh( 5i , � C.� . �. --�Con rac or� APPROVIE : �! / � � �, � p� � � i � �I i� By: ,: `l; ��,.%" ;._ , � . � __ _ _ � � Assistant�ty Manager By: �l ,�a- / [= C. .� //�,C'- S Name �2 E5 /'ZZ="l�lT Office October , AD, 19 99 . � APPROVAL RECOMMENDED: RECORDED: 'a� � �� `� �, d�� . By: � � � By: � '�� !-�%d�.�-C��-- � Trans ortation and 1��fblic Works Cit creta P �aZ. Y rY 1 � � � ' 1 � � APPROVED AS TO FORM AND LEGALITY: By: Assistant ' Attorney �0�-:�` �'9 Date C'2 Cr - %'"/ l� `��_..-..�. Cozitract Authorization �, �l�...�� -- Uate � L�I C L C � J L�J � I■ C I■. � �I � � �J � � � Bond No. 22-000-201 THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL MEN Restoration & Construction. Ltd. PERFORMANCE BONI) BY TI�SE PRESENT: That we (1) Phoenix I (2) Companv of Texas hereinafter called Principal and (3) Libertv Mutual Insurance Co�anv , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas hereinafter called Owner, in the penal sum of: Four Hundred Fiftv Five Thousand, Four Hundred Ei�htv Five Dollars & No Cents $455.485.00 Dollars in lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we hereby bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contraGt with the City of Fort Worth, the Owner, dated the Sth � day of October , 1999 , a copy of which is hereto attached and made a part hereof, for the construction of: PAINT AND PLASTER REPAIR WILL ROGERS AUDITORIUM WILLROGERS MEMORIAL CENTER designated as Project Number C192-020192065009 , a copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copies at length herein, such project and construction being hereinafter referred to as the "work". NOW TI�REFORE, if the Principal shall well, truly and faithfully perform the work in accordance with the plans, specification, and contract document during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that if ariy legal action be fled upon this bond, venue shall lie in Tarrant County, State of Texas. � AND PROVIDED FURTHER, that the said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time alteration or addition to the terms of the contract or to the work or to the specifications. , A:14PERBOND.FRM �. � � � � .�- � � r �� , � �, r �., � r � IN WITNESS WHEREOF, this instrument is executed in 6 Counterparts each one of which shall be deemed an original, this the Sth day of October , 1999. ATTEST: �/�I/k cPa � ��t� (Principal) Secretary (SEAL) 12750 M�erit Drive. #710 (Address) Dallas, TX 75251 �: WI'PNFSS : (��.i .l "J�-+��... �� (Surety) Secretary (SEAL) , % '� �.�_ '\ � — .� 1�` ... A 1�r�. ' � 1 � J;hi "" k� ,'i Witness as to Surety � � A:14PERBOND.FRM Phoenix I Restoration & Constzuction, Ltd. Principal (4) By: .� .li�',/� - � �q lE C. �JEl� G �' (Printed ame/Title) 6822 Maple Avenue ADDRESS Dallas, Tx 75235 CITY/STATE/ZIP Liberty Mutual Insurance Conmanv (Surety) � � — / /<� � /�-� By: C_ �� , �-i�� ,_ -��. : , (Attorney-in-Fact) (5) Elnora Cruthis (Printed Attorney-in-Fact) No�e: (1) i1) (3) (4J (5) Da�e of Bond mus� not be prior to date oj Conlracl Correct name ojContractor A Corporalion, a Partnership or and Individual, as case may be Correct Name of Surety If Conlracto� is parinership all Partners should execute bond A true copy of Potiver of Attorney shall be anached to bond by At�orney-in-Fac1 J � � �J � I�l u � Bond No. 22-000-201 THE STATE OF�TEXAS COUNTY OF TARRANT ; PAYMENT BOND BOND NO. 141503264 , KNOW ALL MEN BY THESES PRESENTS: That we, Phoenix I Restoration & Construction. Ltd. a corporation of Dallas County, Texas , hereinafter called Principal and (3) Libertv Mutual Insurance Co�x-uzv , a corporation organized and existing under the laws of the State and fully authorized to transact business in the State of Texas, as Surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation organized and existing under the laws of the State of Texas, hereinafter called Owner, and unto all persons, firms, and corporations who may furnish materials for, or perform labor upon, the building or improvements hereinafter referred to in the penal sum of: Four Hundred Fiftv Five Thousand, Four Hundred Eightv Five Dollars �& No Cents $455.485.00 lawful money of the United States, to, be paid in Fort Wo�th, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, o�r heirs, executors, administrators and successors jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a � certain contract with the City of Fort Worth, the Owner dated the 5t� day of October , 1999, a copy of which is hereto attached and made a part hereof, for the construction of: � C Ci PAINT AND, PLASTER REPAIR � WILL ROGERS ALIDITORIUM WILLROGERS MEMORIAL CEI�TER . i designated as Project Number C192-020192065009 copy of which contract is hereto attached, referred to, and made a part hereof as fully and to the same extent as if copied at length herein, such project and construction being hereinafter referred to as the "works". NOW, THEREFORE, the condition of the obligation is such that, if the Principal shall promptly � make payment to all claimants as defined in Article 5160 of the Revised Civil Statutes of Texas, supplying labor and materials in the prosecution of the work provided for in said Contract, then this obligation shall be null and void, otherwise it shall remain in full forc�.and effect. Iel � THIS BOND IS MADE AND ENTERED into solely for the protection of all claimants supplying labor and material in the prosecution of the work provided for in said Contract, as claimants are defined in said Article 5160, and all such claimants shall have a direct right of action under the bond as provided in Article 5160 of the Revised,Civil Statutes. PROVIDED FURTHER, that if any legal action be filed upon this bond, venue shall lie in aTarrant County, State of Texas, and that the said Surety, for value received, hereby stipulates and agrees that no change extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specification accompanying the same shall in any wise affect its obligations � on this bond, and it does hereby waive notice of any such change, extensiori of time, alterati.on� or addition to the terms of the contract or to the work or the specifications. � A:15PAYBOND.FRM � � � ��. � PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder whose claim shall be unsatisfied. IN WITNESSETH WHEREOF, this instrument is executed in 6 counterparts, each one of which shall be deemed an original, this the Sth day of October , 1999. � ATTEST: ��vu sf�p �`�iti� C�tJ � (Principal) S c� retary � (SEAL) �. r� . L, � � � , 1..+ 12750 Nl�rit Drive, #710, Dallas, TX (Address) /��1 � WI'I'iVESS : !�� ,Y�� ' I � C�� (Surety) Secretary (SEA �� `�� -� � ; �' �� f i � �_ i�, �-i� � _ 1 _� ��1 k �i �� Witness as ko Surety Phoenix I Restoration & Construction, Ltd. Principal (4) Y: d-�. C.._. �r l�y41c�'. �ll�=e�, ��2C`=,�ivcJ�/; (Printed Name/Title) 6822 Maple Avenue ADDRESS Dallas, TX 75235 CITY/STATE/ZIP Liberty Mutual Insurance Canpany (Surety) � �, , �,% By: C �,. .1�� ;?� ��r�-:�� (Attorney-in-Fact) (5) Elnora Cruthis (Printed Attorney-in-Fact) Note: (1) (2) (j) (4) Date oj Bond must nol be prior to date of Conlract Correct name of Contractor A Corporation, a Partnership or and Individual, as case may be Correct Name oJSurety Ij Con�ractor is Partnership all Partners shou/d execute bond � ., � � THIS POWER OF ATTORNEY IS NOT VALID UNLESS IT IS PRINTED ON RED BACKGROUND. C�^ O� C J �-f J This Power of Attorney limits the act of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. LIBERTY MUTUAL INSURANCE COMPANY BOSTON,MASSACHUSETTS POWER OF ATTORNEY � KNOW ALL PERSONS BY THESE PRESENTS: That Liberty Mutual Insurance Company (the "Company"), a Massachusetts mutual insurance company, pursuant to and by authority of the By-law and Authorization hereinafter set forth, does hereby name, constitute and appoint, SHEILA M. YOUNG, ELNORA CRUTHIS, DERRELL C. DODSON, DOUGLAS MOORE, SAM J. MULLIS, JR., LUKE J. NOLAN, JR., ALL OF THE CITY OF DALLAS, STATE OF TEXAS ................................ ............................................................................................................................................................................................... � ............................................................................................................................................................................................... ............................................................................................................................................................................................... , each individually if there be more than one named, its true and lawful attorney-in-fact to make, execute, seal, acknowledge and deliver, for and on its �"�� behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations in the penal sum not exceeding ! TVUENTY FIVE MILLION AND 00/10;i • •�'**"***** DOLLARS ($ 25,000,000.00****'` ) each, and the execution of such bonds or � undertakings, in pursuance of these presents, shall be as binding upon the Company as if they had been duly signed by the president and attested by w the secretary of the Company in their own proper persons. � �N C � �- .. c i •� 4:,, � �3 i� � � tC '-� > + � �� .y �� d y o � � ,� �� d � � O R a v �� O` � 3 C� That this power is made and executed pursuant to and by authority of the following By-law and Authorization: ARTICLE XVI - Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer or other official of the company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys-in-fact, as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Such attorneys-in-fact, subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the company by their signature and execution of any such instruments and to attach thereto the seal of the company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. By the following instrument the chairman or the president has authorized the officer or other official named therein to appoint attorneys-in-fact: Pursuant to Article XVI, Section 5 of the By-laws, Assistant Secretary Garnet W. Elliott is hereby authorized to appoint such attorneys-in-fact as may be necessary to act in behalf of the company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. That the By-law and the Authorization above set forth are true copies thereof and are now in full force and effect. IN WITN�SS iNrIERF'OF, ;his instrument has been subscribed by its authorized officer and the corporate seal of the said Liberty Mutual Insurance Company has been a�lixed th�r�to in Plymouth Meeting, Pennsylvania this 19th day of Map , 1�q . '� � �`j LIBERTY MUTUA� INSURANCE COMPANY gy 1774rt+✓t„� i� Gs:e%Le.'vl� Garnet 1N. E!liott, Assist�n, SPcretary COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF MONTGOMERY On this 1�h day of May , q.p, 1999 , before me, a Notary Pubiic, personally came the individual, known to me to be the therein desc ' �yidual and officer of Liberty Mutual lnsurance Company who executed the preceding instrument, and he acknowled- ged that he executed �arne at��,tFfaT the seal affixed to the said preceding instrument is the corporate seal of said company; and that said corporate seal and his signatu �'��,� t�,"e'��was duly affixed and subscribed to the said instrument by authority and direction of the said company. � IN TESTIMO � � 4 =OF, I t� set my hand and affix my official seal at Plymou Meeting, P, the day and year first above written. �`� ' ` ? /,��f�%vYt�t i; fl��gJ � � � � :�� 3 , ., �; � � Notary Public i � ,.•-« r .hrt F ( > zt ..� -� �iBL?1#�'�� „_ �R�"t�r�ia�'E � I, the undersigne , �ta&i�'�retary of Liberty Mutual Insurance Company, do hereby certify that the original power of attorney of which the foregoing is a full, true and c c copy, is in full force and effect on the date of this certificate; and I do further certify that the officer who executed the � said power of attorney was one of the officers specially authorized by the chairman or the president to appoint any attorney-in-fact as provided in Article XVI, Section 5 of the By-laws of Liberty Mutual Insurance Company. This certificate may be signed by facsimile under and by authority of the following vote of the board of directors of Liberty Mutual Insurance Company at a meeting duly called and held on the 12th day of March, 1980. E, VOTED that the facsimile or mechanically reproduced signature of ary assistant secretary of the company wherever appearing upon a certified ��+ copy of any power of attorney issued by the company, shall be �ralid and tinding upon the company with the same force and effect as though manually affixed. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affix�d the corporate seai of the said company, this 5� � : OCtn}-�r , 1 A �3 A . , �, i �-`, '' � � �' , �� sistant ecPetary �' THIS POWER OF ATTORNEY MAY NOT BE USED TO EXECUTE ANY BOND WITH AN INCEPTI E AFTER Mav 19 day of , 20 �� C� �Certificate Holder: Date: � ' Project Name: �Project Number: This is to certify that: Address: C�RTIFICA�'E OF INSURANCE City of Fort Worth October 5,1999 '' � Paint and Plaster Repair — Will Rogers Auditorium C192-020192065009 ' - Phoenix I Restoration & Construction, Ltd. 6822 Maple Avenue � . � Dallas, Tegas 75235 � is at the date of this certificate, insured,by this company with respect to the business operations hereinafter described, for the �type of insurance and in accordance with the provisions of the standard policies used 6y this Company, and further hereinafter described. Exceptions to standard policy noted on reverse side thereof. � � Tvne ofInsurance � POLICY NO. aWorkers Compensation ' y�K9100899- , Comprehensive General LiabilityInsurance� KK09100837 � (Public Liability) � Blasting QCollapse of Buildings or structures adjacent to excavations � �' E�crrvE ExriuEs 04-1-99 04--1-99 04�1-00 04�1-00 LIMITS OF LiABILTTY Statutory 500,000 EL Bodily Injurj+: $ Each Occumnce. �See xever:�e Property Damage: � Each Occurrence: S included above in general l:.ability included above �.n general l:.ability Each Occurcence $ Each Occwrence $ Damagetounderground included above in general 1=.ability Utilities Buildec'sRisk �09100837 . 04-1-99 04-1-00 Comprehensive AutomobileLiability KK09100837-1 ^ Contractual Liability 4� � Other Each Occurrence Bodily Injury 04-1-99 04-1-00 �hPerson • Each Occurrence 'Propecty Damage . • Each Occurrence Bodily Injury included above in general ].iability EachOccunence Property Damage Each Occurrence $ $ 1,000,000 Combined� s Single Limits S S S KK09100837 04-1-99 04-L=00 $2,500,000 Any or.e job-$1,OOq,000'Frame Locations covered: Paint and Plaster Repair - Will Rogers Auditorium, Ft . Worth , Texas �Description ofoperations covered: Commercial construction operations including paint & plaster repair The above policies either in the body� thereof or by appropriate endorsement provide that they may not be changed or canceled by the insurer in less than five (5) days after the insured has received written notice of such change or cancellations. � � Where applicable local laws or regulations require more than fi ) days a 1 no ' e f change or cancellation to be assured, the above policies contain such special requirements, either in the body ther� by op ' orsement thereto attached. � �' Agency Dodson-Bateman & Company "` `'� Fort �ti/orth Agent By; Douglas Moore Address 8350 Meadow Rd, Ste 181 Title: Vice President aDallas, Tx 75231 . n A:121NSURAN.FRM 6„J 0 General Liability Limits: $1,000,000 Occurrence $2,000,000 General Aggr'egate � $2,000,000 Products/Completed Operations Aggregate $1,000,000 Personal & Adv. Injury . $100,000 Fire Damage Legal Liability $10,000 Medical Expense ` This is to certify that the policies of insurance listed have been issued to the insured named for tlie policy period indicated, notwitfista�ding any requizement, term or condition of any contract or other document with respect to which this certificate may.be.issued or may pertain.�The insurance afforded by the policies described herein is subject to all the terms, exclusions and cortditions of such policies. Limits shown may have been reduced by paid claims. Exceptions ta standard policies: Commerical General Liability:� - Exclude Nuclear Energy Liabil�.ty - Intercompany Products Lawsuits Exclusion Issu7�ng Comp�n�,es : � Wozkers Compens�ti�on -- St, ��.ul Insurance Co� General Liabil�,ty �'St� Paul Fire & Mar�ne �ns�rance Co. Builders Risk -- St. Paul ��.re & Maxine Insurance Co: �utomobile L�,a�il�ty � �t. �aul Guardian Tnsurance Co. a � � � � CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, Phoenix I Restoration & Construction. Ltd. certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Paint and Plaster Renair — Will Ro�ers Aditorium project number, C192-020192065009. � � �� 9/cG��l�-�zs� ,�,�,�,�,- Title to 1 ��-1 4S Date STATE OF TEXAS 3 � COUNTY OF TARRANT 3 BEFORE ME, the undersigned authority, on this day personally appeared � �_7�4 I r L. � l I�S , 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 �� !�5�cx�4n�� :� C'a��reucT�o�: �7v , for the purposes � and considerations therein expressed and in the capacity therein stated. � GIVEN LTNDER MY HAND AND SEAL OF OFFICE this /� day of � U c j , 19 `� 1. � : /--7 /� � �� N ary Public, State ot 7exaa tary Public in and for the State of Texas �O'� My Commission Expires OS-13-20 `-' (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 certifcate 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. A:13WORKCOM.FRM � City of Fort Worth, Texas �1►�Ay�r a�ttd C�aunc�l �,arr�mun��,��on DATE REFERENCE NUMBER LOG NAME PAGE 10/5/99 **C-�7676 I 20PHOENIX I 1 of 2 SUBJECT AWARD OF CONSTRUCTION CONTRACT TO PHOENIX I RESTORATION AND CONSTRUCTION, LTD. FOR PAINT AND PLASTER REPAIR OF THE WILL ROGERS' AUDITORIUM RECOMMENDATION: It is recommended that the City Council approve the execution of a consXruction contract with Phoenix I Restoration and Construction, Ltd. for the paint and plaster repair of the Will Rogers Auditorium in the amount of $455,485.00 with a contract duration of 42 calendar days for the Base Bid. The contract includes two alternates. DISCUSSION: With the renovation of the Fort Worth Convention Genter and the removal of the JFK Theater, the Will Rogers Auditorium becomes the �emaining venue for stage produc�ion. The interior paint requires restoration to maintain the appearance of this historic building. The existing paint consists of eight layers of old paint, some of which contain lead. The paint will be completely removed and the plaster surface prepared for the new paint. Several aceas will require additional plaster patch and repair. The project was divided into three sections to provide flexibility in award: • The Base Bid includes the paint of the• proscenium. (To be completed in 42 days, since the auditorium will not be usable.) . • Alternate #1 includes the first floor level lobby, aisles, stairs to the second level and the ceiling under the balcony. • Alternate #2 includes the mezzanine and the balcony level. Alternates #1 and #2 can be accomplished subsequent to the proscenium work. The City of Fort Worth Architectural Services Section prepared the construction documents. The project was advertised in the Fort Worth Star-Telegram July 8 and 15, 1999. On August 5, 1999, the following bids were received: - BIDDER Phoenix I Restoration and Construction, Ltd. Architectural Utilities BASE BID $1�77,965.00 $371,000.00 ALTERNATE #1 ALTERNATE #2 $186,150.00 $ 91,370.00 $520,000.00 $160,000.00 TOTAL $ 455.485.00 $1,051,000.00 Phoenix I Restoration and Construction, Ltd., is in compliance with the City's M/WBE Ordinance by committing to 27% M/WBE participation. The City's goal on this project is 26%. This project will•not have an operational impact on the General Fund budget. � K. The Will Rogers Auditorium is in COUNCIL DISTRICT 7. City of Fort Worth, Texas A or Af1� aunc�l ammun�cAt�an �� y C C DATE REFERENCE NUMBER LOG NAME PAGE 10/5/99 **C-17676 20PHbENIX I � 2 of � SUBJECT AWARD �F CONSTRUCTION CONTRACT TO PHOENIX I RESTORATION AND CONSTRUCTION, LTD. FOR PAINT AND PLASTER REPAIR OF THE WILL ROGERS AUDITORIUM FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds required for this expenditure are available� in the current capital budgets, as appropriated, of the Culture and Tourism Fund and the Public Events Improvements Fund. MG:j � Submitted for City Manager's Office by: Mike Groomer 6140 Origin'ating Department Head: Hugo Malanga � , 7801 Additional Information Contact: Hugo'Malanga 7801 I FUND I ACCOUNT I CENTER I AMOUNT � (t�) I � � � (from) IGG04 541600 0240600 $406,038.00 C192 541200 020192065009 $ 60,000.00 CITY SECRETARY APPROVED CITY COUNCIL OCT K 1999 ({�,W., �a�.r�.�" �� ,.��p of t2te Cit'! ci Fort Worth, 7l'e�►s