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Home My WebLink About025647 - Construction-Related - Contract - Frymire Company�NS COPY i0l� � , COttt�ACtQR *�"o��per��r�s aaNata� co. C�NTR CT N RY� J ., �/ . c�v s�c��Q�► � �� O. ��'S°�E THE CITY OF FORT V�rQRT � ��l��r�� anr. H, TEXAS ill�+! - F�i� Ct?�y � � � � � �. � �� DRESSING ROQM �NpVATIO �'�.l�OGERS ME1VIp N RIAL AUDITQRIUIVI- PROJECT TPwg9_p16 � �R� ��T.� ., �_ �.,� _ �, . KENNETH BARR MAYOR � ' ' � Hugo Malanga, p.E. Director, Transportation and Public Works Kirk Slau�hter Public Events Dzrector BOB TERRELL CITY MANAGER FRS Design Grou p � � January 2000 ��e�o�� L�� C�O� ��G��G�� o � °��➢ �C�?o 1�'I �� ' L�J � L ��' �I� City of Fort WoYth; Texas Ntayor and �ouncil �ommunrcation DATE REFERENCE NUMBER I LOG NAME 2i� �/oo **C-17856 SUBJECT APPROPRIATION ORDINANCE AND AWARD FRYMIRE COMPANY FOR THE DRESSING ROGERS MEMORIAL AUDITORIUM RECOMMENDATION: It is recommended that the City Council: PAGE 20FRY 1 of 2 OF CONS RUCTION CONTRACT �O ROOM RENOVATION AT THE WILL 1. Approve the transfer of $310,000 from the Culture and Tourism Fund to the Public Events Improvement Fund for fund the renovation of the Will Rogers Memorial Center auditorium; and 2. Adopt the attached appropriation ordinance �increasing estimated receipts and appropriations by $310,000 in the Public Events Improvement Fund from available funds; and � 3. Approve the award of a construction contract to Frymire Gompany for renovations to the existing dressing rooms in the Will Rogers Auditorium, including Alternates 1 through 3, for $170,000 to be completed by June 1, 2000. DISCUSSION: The Will Rogers -Auditorium is over 60 years old, and has insufficient dressing room accommodations for many theatrical events. With the removal of the JFK Theatre at the Fort Worth Convention Center in March, 2000, the Will Rogers Auditorium will be the only municipally-operated performing arts theatre. Renovated and expanded dressing rooms at the Will Rogers Auditorium are imperative to accommodate- traveling touring shows; such as the prestigious annual Miss Texas Scholarship Pageant, and a diversity of other events, some of which were historically performed at the JFK Theatre. Funds for the renovation are made available from Capital Improvement funds, as appropriated, for the � renovation of the auditorium at Will Rogers Memorial Center, and supplemental appropriations` from unallocated occupancy-use tax from the Fort Worth Convention and Visitors Bureau Reserves. u �, u C � C�J � Bid documents were prepared by FRS Design Group. The project was advertised in the Fort Worth Commercial Recorder January 6 and 13, 2000. � On �ebruary 3, 20"00 the following bids were received: , � Bidder Frvmire Companv Phoenix I Restoration Tom Stephens, Inc. Triple R General Contractors New World Industries McWilliams Enterprises Keck and Company Creative 4 Construction Management Prime Construction Woodrose Company Base Bid Alt. #1 Alt. #2 $149,000 $ 5,700 $14,700 157,440 12,000 16,000 157,513 4,575 18,81.5 158,000 1,200 16,052 173,821 2,985 15,300 � 189,457 6,893 21,600 190,000 7,875 16,823 193,775 18,000 26,000 197.770 1,400 18,OQ.0 214,083 6,191 18,� 162,., � ' Of��OC�O�� C��aD C�`� ��QC��Q� �� G�b, �'�. - Alt. #3 1 000 1,000 2,614 1,792 1,500 1,200 1,520 2,300 1,100 1,109 � � a � City a.f FoYt Worth, Texas N1 a OY GiYLG� COUYI�i� CD�'l�'luY1l �GitI0Y1 � DATE REFERENCE NUMBER LOG NAME � PAGE 2/15/00 � **C-17856 20FRY 2 of 2 SUBJECT APPROPRIATION ORDINA CE AND AWARD OF CONS RUCTION CONTRACT TO FRYMIRE COMPANY FOR THE DRESSING ROOM RENOVATION AT THE WILL ROGERS MEMORIAL AUDITORIUM ' Three alternates were: � � Alternate 1: Instaii floor tile; paint the basement corrid�r Alternate 2: lnstafl portabie orchestra pit filler system Alternate 3: Instafl carpet tife in Room B03 LJ � � � � � � � � � � � � � Frymire Company is in compliance with the City's M/WBE Ordinance by committing to 24% M/WBE participation. The City's goal on this pro}ect is 23%. The architect reviewed the bids and qualifications of the apparent low bidder, and recommended award of contract to the Frymire Company. The Will Rogers Auditorium is located in COUNCIL DISTRICT 7: FISCAL INFORMATION/CERTIFICATION,: The Finance Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinance, funds will be available in the current capital budget, as appropriated, of the Public Events Improvement Fund. MG:j Submitted for City M�n:►ger's Office by: Mike Groomer 6140 Originating Department Head: Hugo Malanga Adclitional Information Contact: Hugo Malanga � FUND I ACCOUNT I � (to) 1)C192 472004 I 2) C192 472004 ' I 2) C192 541600 7801 I (from) 3) C192 1) GG04 � 7801 , CENTER � AMOUNT , CITY SECRETARY 025192004001 025192004001 020192004001 541600 020192004001 538070 0252000 $s�o,000.o0 1 $310,000.00 1 $310,000.00 • APPROVED 2/15/00 $170,000.00 � ORD. NO. 14095 $310,000.00 - —� �� '��JQ� CU� ��G��Q�( ��'YYX� ��4 � From: N6ke Mathews 817.871.8488 To: Linda Taylor Date: 1R2/100 Tims: 00:49:06 P�ge 1 of 12 Dressing Room Renovation Will Royers Memorial Auditorium Addendum 1 CiTY OF FORT WORTH TRANSPORTATION AND PUBLIC WURKS DEPARTMENT ADDENDUM NO. 9 WILL ROGERS AUDIT4RIUM RENOVATION OF DRESSING ROOMS Bid Opening Date: February 3, 2000 (NO CHANGE) The Contract Documents and Specifications for the above referenced project are hereby revised and amended as foltows: The Prebid Conference was held at 10:00 AM, January 18, 2000. The following attended: Architects: Phone Fax Mike Cunningham FRS Architects 334-0556 334-0405 Clty of Fort Worth: Mike Mathews P•lancy Richardson Jack Durham Chris Harmon Kirk Slaughter Danny Rose . > Contractors: M.DeRosia MikeGoldfield BoydRParrish ThadJennings MilesWilson LesMendenhall TonyEspritt RuthBurgess DanRhoades KimHardin M a rkRedford JerryMoody RonMaddox AlanOdom Chief, Architectural Services PM, Architectural Services Construction Myr., 7/PW WRMC. Facility Manager Director, Pubiic Events WRMC, Facilities 371-82i4 871-8014 871-8072 871-5988 212-2509 871-8165 871-8488 871-8488 871-8488 871-8170 212-2756 871-8170 Woodrose BaileyConstruction McWiiliams Pia:-.�aConstruction M.C. Hutton FrymireConstruction FrymireConstruction Coronado Keck&Co. DunnEngineering R.J. Miller&Assoc. PrimeConstructionCo. MaddoxEngr.�Constr. PhoenixlRestoration TECHNICAL SPECIFICATIONS 377-44 i 7 (214}455-1100 595-1700 (903}463-2384 882-9292 336-4514 336-4514 551-7742 469-6035 377-9290 377-0971 831-1150 922-8499 214)353-1693 377-4410 (817)268-8252 595-3993 (903)463-1870 335-1515 870-9155 870-9155 465-7842 45�-1452 377-9296 377-0923 831-7363 922-$819 (214)353-1631 Ge�eral Shop drawings will be required on millwork, doors & hardware, plumbing fi�ures, HVAC equipment, electrical devices and panel boards. Contractor v�ill be responsible for submittal of finishes for approval prior to any application. Contractor will submit six (6) copies of shop drawings to the architect. Addendum 1 Page 1 of 12 .� 1 ��o�Ga�� cc� p�� a�� a� �. ��b, �. from: Ir6ke Mathews 817-871-8.t88 70: Linda Taylor Date: 1l27J100 Time: 00:50:09 Pag� 2 of 12 Dressing Room Renovation Will Royers Memorial Aud�torium Addendum 1 Reference: Attached revised PROPOSAL to include Alternates #1 &#2. Date for completion of project will be June 1, 2000, assuming award and Notice to Proceed by March 3, 2004. Reference: Attached Sheet #1 Calendar showing dates not available for construction. Close coordination wiih facility manager will be necessary. Sheet A2.1 Note No. 15 to I�e included as Alternate #3. (Below) Sheet A3 Section No. 8 — Chanc�e note from 1-1/Z"x1-1/2' 12 gai. steel tube to 1-1/2"x1-1/2' 16 ga. steel tube. Sheet A3.2 Detaii No. 6 — Hollow metal frame dimensions are to be 6-1/S" x 2" with 5/8" stop. Sheet M2.1 of 4(Partial Basement Plan — Mech�nical) Replace Note 6 v�ith: New ADA compliant sink and faucet. Sink is to be American Standard Model 0355.012 "Lucerne" with 5400 142H "Heritage" ali-brass ceramic-vaived faucet, gooseneck spout, lever handfes and 2411.015 grid drai�, McGuire model 8872 "P" trap, 187 stops and supplies J.R. Smith model 700 carrier and Truebro modet 103 Handi Lav-Guard insulation kit on tailpiece, trap and supplies. Sink is to be installed with rim at 34" above flnished floor in compliance with ADA. See riser diagram on M3.1 for pipe sizes. Sheet M2.2 of 4(Partial First Floor Plan — btechanical) Replace Note 3 vrith� " Reconnect new ADA compliant shower to old shower connections. New shower is to be Kohler mode( K-12453 "Freewill" shower with K-9674 "Persona" handshower and slide bar kit, K-8226-4 "Taboret" pressure balancing shower faucet and K9132 drain with perforated strainer. Add new Note 8 w�th: New ADA compliant sink and faucet. Sink is to be American Standard modef 0355.012 "Lucerne" with 5400.142H "Heritage" all-brass, ceramic-valved faucet, gooseneck spout, lever handles and 2411.015 grid drain, McGuire model 5872'P" trap, 1S7 stops and supplies J.R. Smith model 700 � carrier and Truebro model 103 Handi Lav-Guard insulation kit on tailpiece, trap and supplies. Sink is to be installed with rim at 34" above finished floor in comp(iance with ADA. See riser diagram an , M3.1 for pipe sizes. This note replaces Note 7 only for the sink north of the chase identified in Note 6. ALTERNATE #1 f� Reference: Attached sheets AIt.1.1 & AIt.1.2. � Install VCT (Armstrong 51836, Shelter White or approved equal) in cor�idor as shown hatched. (No base.) Paint corridor and stairwell �valls, including 6" stripe at base. Paint stairwell handrails and balustrades. � ALTERNATE #2 � Addendum 1 Page 2 of 12 0 ��cD@.� �'��D . � Q�'' ��.; G'(�!�G?1� �o �4��'!r:'1'UII� �lS!!�o � � � � ' � , r• � � Y� 1 From: kTiks Mathews 817-871-8488 To: l:nda Tayiw Date: 1122/100 Tim�: 00:51:12 Dressing Room Renovation Will Rogers Memorial Auditorium Addendum 1 Reference: Attached sheets AIt.1.3 — AIt.1.6 Install portable orchestra pit filler system at stage level as manufactured by StageRight, Wenger Corporation or equal. Shop drawings will be required. StageRight Corporation, Chuck Rogers, Sales Manager (214) 906-9581 Cellular Wenger Corporation, John Kempton, Sales Rep. (800) 326-8373 ext. 196 ALTERNATE #3 Reference: Sheet A2.1 Note No. 15 — Install carpet tile in lieu of VCT in Musicians Room 603. ATTACHMENTS Revised Proposal Schedule ALT 1.1 ALT 1.2 ALT 1.3 ALT 1.4 ALT 1.5 , ALT 1.6 RELEASE DATE H. A. MALANGA, P.E. DIRECTOR OF TRANSPORTATION AND PUBLIC WORKS By: Nancy Richardson, Architectural Services 817-871-8014, Fax 871-8488 January21, 2000 Addendum 1 Page 3 of 12 Page 3 of 12 ��I�V G��l� ��U' �, �� ' �C��G��1G`�`��r ! . ��o C�� :'�� o From: k6ks 1�1at�ews 81T-8713J88 To: Linda Taylor Oate: 1R21100 Tims: 00:51;i0 Page 4 of 72 Dressing Room Renovation Will Rogers Memorial Audrtarium Addendum 1 PROPOSAL Revised Addendum 1 T0: MR. BOB TERRELL ClTY MANAGER CITY OF FORT WORTH, TEXAS FOR: WILL ROGERS AUDITORIUM RENOVATION OF ORESSfNG RdOMS 3401 W. LANCASTER AVE. Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish ail labor, equipment and materials necessary to fu�ly complete alf 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 FoR 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, fur�Sish 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 vrit: DESCRIP710N OF ITEMS Base Bid: '' Add Alternate 1: Install VCT, paint in basement corridor. Adcl Alternate 2: Install po�table orchestra pit filler system. Add Alternate 3: Install carpet tile in Room B03. The undersigned agrees to perform the base bid and the altemates, if included, prior to June 1. 2000. Workwill be scheduled to avoid interference vrith Auditorium operations. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for ihe above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). ' Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to ihe 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 Addendum 1 Page 4 of 12 � ' �� f�G �fl�� C�� r��u ��'vUu��U _�� ;��,��y ��o From: MSks Mathsws 817-811-&I88 To: li�da Tay1o� Date: 122f100 Tims: 00:52:53 Pags S of 72 Qressing Room Renovation Will Rogers Memorial Audltorium Addendum 1 bidder by the same amount that Texas resident bidder wou(d be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-residenPs principal place of business is located. The appropriate blanks in Section A must be filled out by ail non-resident bidders in order for your bid to meet specificatlons. The failure of out of state or nvn-resident bldders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. M �- F r � � � , �, .r. � � A. a LI Non-resident vendors in (give state), our principal place of business, are required to be percent lower than �esident bidders by state law. LI Non-resident vendors in (give state), are not required to underbid resident �idders. LI Our �rirtcipal place of business or corporate o�ces 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 Eond for the faithful performance of this contact. The attachecl deposit check in the sum of Dollars ($_� is to becorne 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 iorth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS E(�lTERPRISE (MNVBE): (For bids in excess of $25,000) • I am aware that I must submit information the Director, TranspoRation and Public Works, concerning the MM/BE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be RESPONSIVE. Respectfuffy subrnitted, Company Name By: Signature Printed Name of Principal Address: Street City Phone: Fax: Titfe Zip Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum 1 Page 5 of 12 U��u� GL�LU�C� , C��7 ��'�G�[�°,l&�� _ _ �', N��, �. _ � ■� � a a � � a C � v � � �o � 0 ti ��>> o� �� > fL1 �y' � �� 07 � � C� o � � �--� c"� r-� E� r�� 1 �'°—� �"''1 �! �"'� �-� r---i r-�� --� �°� � ��'-�=`� \'O T � :l s,� ��_ ' c:�lirnax j� �`�l r�r�x.'� l,�c_i�-�s i.t�t<� t'1�►•: .Z �c�iztivrl,�.y�.ri;.sv'i �•�C`. _ I��,�,..- i{)•(1 ��C3L•: L, �1?ab �" ' " l�FL'_4+ 'p��,5itv:o�s�c.,�iS. �.�n��ci^:��bCtaii^ In•:�»'t�nr�.; C,t c1•�r �,V\l.l. � � .,: �..:_..��.,t� :�. I•�•'.. ��: r•r� il•.. 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"' -'��a ��s : .. _ ;3� - ,:�..��..:.:.,,�...:��, 25 2G .2�� ; + ��r 2� 29 •3O . ,'•11y . y�•y•'~ I�I.. ...�•.�.M.:. �w' � l �•.��..+��.u,M+� �� 1 ��7�. h..�.�� nw- D � � Q _. � Q- = �, m �, Q� � C � 3 `�^° a � O fD � �� o� �i � 0 D Tc o � c 3 � i 1 0 � . � 0 � � � � � S r IG s m � N From: NSks Mtathswt 817-871-8488 To: Linda Tayb� � Dressing Room Renovation Will Rogers Memorial Aud�torium � Addendum 1 �= �, � � � �.� k. � � � � � � � �. � , I ". � � I 1 r I � �Il �! r i� � � .�� .L ��- � �,� U �� — _ _ � � r L: !Y .� _ .,, . , � . ., �, „ � � � � ;, I`� " i . i F� n Date:1J22/100 Tims:00:5d:59 Page 7 of 12 J o ��- � �� _ ti S, �cv t'i �� +�- -_� �..._ ��_..._�H�.�v�v�r ��° i�//` .. ' ' � . .,, �(`_; 11 �!. 1 � I � � � � � -� — _,1. '�"_ ' � \ 7 1 � � ` � [ r �'� �- j; 1.�_ 7 ----- I -� � �� "i/ : � z� I �r1�� / . �5 L U �] ] � / % �J � f— `�� , '� � �j/ / � � ' t :� ��1� / � � /�`'`�' ��` _ � ---� � ' ' _�, ��— , � , _� .� !� ,�,, ty �1 - - - - � (� � l � a : f V .� '� -- �% C��i v . � �� _ --��--�� _ _.. _ i ' Y �� .�> � � " _ --� �l � � u.0 f ' l- _ _ - _ ... •t ' G i `)�� ,` ._ .- —: 'K� �r� .;Q'1 — x o �'� - "l� ---, I � .� � o V� '� 1�/� _.� F= � i � � � '•�,l � n �. , _ �..�.� % - , n� - �o % `' ��, _:.� I � .� F � j /� -`�� Tc ��/� � ...--�.�.._. -� —��' 1a ///� : j f_ _ ^ .. _ .. .. . ... _. -- / � �� --. --=- -------.. . -- . .-�� ; �� ., /i � �. :�is , ;,. � . �`u J � / •� � \ I�l C ' �/' + _ L� ��✓ 0_ ► —�-- � � �f li �� ' ,Q � � , �. �.. j .. :,1 ` � v1 � t � — �-- o-� ,, ; �y G� 1__._. �—_'� A4.'�. i. t _... �- —• � i �, i ' '._ Addendum 1 Page 7 of 12 �� U��G��:� ��'��,�� i � G�'bf ��u G�[�Q�i I�o � u! �-'��I, �[�{. _ . 0 From: Mlike Mtathews 817-871-8J88 To: L'cida Taylor Date: 1f2?J100 Tims: OO:SS:Sd Dressing Room Renovation Will Rogers Memorial Audrtorium Addendum 1 Page 8 of 12 _J I I I� � I I� � � �I � I . �:� ,. _..� ;._.� ; � ,-..---, I ,� , . ..� ; : -- --- -' i :, i . , .,, , , :-,'� � � � ' i � � , � O � � � � �� , � _ r i ;;� :,�� ' . i i � _l/ �::� i i i��,��^_' .�� vl i i ► I - ( Y �' •� � i i _ I I _ ` � C`� " i 1 � �, � � .., � r_ y �y\ � �J J 1 i T i,pl .1 U� f 1 C..f w l:� . � �r� n u� � � SL �%`� l 1�� pi� ' I � O J 1 �; . , � � � m �._ �`� � � , �, �I I � Ir- I 1 :i � I1 I I � \i . .` _ � �1 \ ;'` y ..L .1.. � _^�_ 1 � _�� "� `; ~� w � 1 `-.' � � .�i 'i _ ' � , ' _ �f7:E �� ` ? .r V 1 1 ,;Ii _ . .� �,\� ``,.�— .. .�r -t'� �,J _ Y �� [ � _ -: � 4-� `� ' ` � � �--- — � , -� 1 .�,�-a. , �� '.1.,��-�<<�,��,��. %�" __._�-=�--�- \� �� '/ �_ � b l/� - � � �/ /` . �� ' � � � � ,� ,/ � - �'`. � � o ;- W--- ,��. � � ti� ;� �- �� - � �� - /;/ � � �-- � - �� ' �� - , ��// I 1 y � �� w � `j _. N r � - � ''� �. i � '7 � � � ��, � �-;�� I � �� f( ,I � .�1 r �. ; 1= � . �_� � �� . � � "` '~ � � j >; . � / —�. , . y -� � �r � ^ � ( 1 . ( u i � 1 � /` � �� • �/ l_`�, —.. ., �'' �, , . .. ... ti��`�YV �,�'C. l.Z � � Addendum 1 Page 8 of 12 I..'•,f---�4 V y � `� � �' ��;�f�0�0�f� �'��D � �� l ��'G�� o ��C��'�o ��t o � 'w'�� '�� '�J �i�� J � Q�� 0 �8�� r� �'� t ��.�d Z 610 g a6ed � wnpuaPPd N a E t b b � .� !`� � ~ 3- a `2 ;� N ry O i � o > rh n 7�c NVI N . { \ \` ` I � � 1 n \ � N ' `° o �� i � , . N p O C V O / A ti N � M � n i .� �� N �� n� 1 �t�a��., ti�' � WILL ROCL�'RS MEMORIAL CENTER P1T FI,LLER LAYDUT � wnpuappy wnuo�pny �eiaowaw s�a�o� II!M uoiaenouaa woo� Buissa�p Zt lo d a6ed tS�9S�00 :�!1 OONZU4 :e�ea �1�1 �!l �O1 88f8'LL8'L�8 =�+W��W a�14H :waj o� 0 From: Mks Matfisws 817-871-8188 To: L'vxia Taylor , Dressing Room Renovation Will Rogers Memorial Aud�torium Addendum 1 � r Date:'Il22J100 Time: 00:57:34 StageRight Corporation Pit �'itier Specification pr�RT l •GE�EKti l 01 PRODL�CT Oi1TLF�7E A. The porublo vichc»� pit Glla systcm de5crib:d iR thcse spc::ficat�or.s has bc;n cucllilly chosrn co m��ch ii,� qetlormance, handlmy, ops:sA•�nnl, an3 acsdxc;c req��ucm<r.�s of C^e (ar�Ley and �he ercnr� pianned Cor �he sp�:e. 1 0: GE`��RaL DESC0.IPTION A. Aorta�le ph fi4;et sh�11 bc d:siyneJ �v fu�ui a pii Iloao at �ta�,t kr:IhttghLt. 8. RcvccsiSlc honcycomb l�:ninent deck panels sr�ll abso:b thc . Drvmht>C" e:Yeci typioUy 3sso<u�cd wtch :Ingte skin plywood p!arlomss 1.03 QL�r1E,1iY � A 'TTe:e speciC�:anons ue b�cc1 upon thc 1�.1E•IfH)() �rx1 honeyCOcriS dcck system 3s rtvnulx�vt:d by S��qeRiBh� Corponhon, Cl�se, �ti:hiben. HQO�s7s-��94. 1.0� CitJAF,�+�1�:TFF A Th= m�nuficturer sh�ll Yua: ancce �ll '+t:m� of ihc p�t fiUu egeinsi Cetccts �n material and Krotknanship foc i genod of ttucc yei�c_ 71+e mam�faccurcr ihsU cocscc� iay iuch dcFccts wi�hin thc gwrantccd pr.iod, wnh no �osi to il,e o�rner. 1 CS NSTAL(..0.T1a` A T'.vcc uu o(dc�ailed shop drawtngi andlor instncnon� aha116c fwnuh:d Gy �De rn�nuf�crurcc at insUflation p Ongnil ia;ul(�<<on shi:l bc supcn �sed by SngcR�pl�e Represenub�:. PAE;.'Lj_S',Q�' S.IFUC7f0� 2 Ol PFr►:s '`- A Uccks �h3ll bc e 3.2" �hick L-m�natcd compoz�se cons�ruucd of phenotic.trcstcd ccllvlosc �anc��comD bct+reea 1�4" Solid• r , co�c Gt ptywood. � 8 Dccb cdgcs she11 be closcd 0.��n a 6Q05-TS alum�num catn+s�on �tiai tii pou�dcc coatcd black �.. , C Corn<c r<iaforcem.ot cholt bc m3ds o[high•impact, injcc�ort• moldcd polycarbona�e. .... � ' Addendum 1 Page 10 of 12 Pags 10 0(12 �c.�r. t.4 �`'��0�� '�� `=G� �C�'GGC�`�� o ��'��9 i��e 9 From: Iviks M�thews 817-87�-8488 70: Linda Tay4or Date: 1R?J100 Time: 00:58:15 p� �� o( �y Dressing Room Renovation Will Rogers Memorial Auditorium Addendum 1 � 2 oz suPp4 .�rs. w �'e:�Kn{ columns shalt b: 2 1/2" 1PS Schcdule �0 alumincm Qipc. Tolescopie tnner kae sl+etl bc 2" IPS SeheA�de SD aluta�num ptpc. B. Hocnontal and di�Qor.�l bt�:es sAill bc � I" OD. J/3' �+ail �lum�num holto�� bs� C. Hor:zontal �nd dia�onsl D:�:is sh�ll �tuct� t� fr�rae Cy self• lockina )�o0ks trae encir,l: nar1� 70'�0 of n�be .nd reqvi;e msrcua3 �eieafe. D Nc�g4t� sha11 adjusi in ia;reirr.a:: ot 1" �vitl�oat toals. E � ecrcw foot �t thc b�sc of rach colum� shall p�ovidc a 5" tange of Cioc•�djusrmeat le��ti�.g Each scrcw• loot sT�ll h�Ve a diamctrr of uu Icis ths� ]!i" �nSha�e z�uc•pl�ird Acrnc t}uesSs. Tl:e bonom o( �Tr (oo� sn�!1 ba ma:dcd urectiane no ku chm 2 7:6" m dumde�. 0 � �,. 2.QJ WEI�HT f A No componcni th�ll �.c�g;z moce �h�n l25 lb: 2 01 �l]�N A Deck� sh�il hi�e tw•o pl�yiag turheee eonses�,r,a o( Blaek PolyTnc 6 pc.k cdgmg ar.d underSnveeuref shal{ be pam�ed blxk PARI • PRQD � TS )A! PLA7F0¢.tit': A $y'sicr�i Funciional DesiSn: i�:e suyiny ry�rem sT�all comist of br.GZing Ccck panels ond z upa:aie suppore system. 'fhe sysum ah3:1 bc so d.signed os to suppare loads descr�bcJ in the testa below aiihout pacmancn� dcforirwcicn c! my eompanen�. No toots shall te r<qui[cd to erecl or Wjust the suppori system nor eo �aaeh os r.mo•e tbe d:ck yanel� The wppun s� sten shstl pco�iEe amo- le� el�n3 at int<nectin, eomets of �he dcek pancls es ��-ell u �nrom�:�c intcrJotk ot �d�nccnt dcck p,ncb wiitwut �ddirionil se;+ra�e pirts. S��ypuns sh+ll Fe dc�iqr,ed so ss to ye:rnit four•wty "bndging" of decks Eer+�c:n suppo� syst:m. T�e d:cks used for ttiis SiiEin; sys�cro sh�ll bc rrvcrvhlc 'fhc iystcro shall bc easily int��ll:d menVilly wttlt �fo S�ngic componcnt wcibhing morc th�n 12S Tounds, �nE shall rcqvuc a mmanum oF only MO pcOpk to a�tcmblc tAc ty3:cn. 8 1?.! dt<k fhall be a rampu:��a ewcn.rc feuva��a ck�ns oC )�q•. <xtcnot gredc Dougias Fit plyu�ood bonded to a).'(" ceU etllulvse ��:T.1.�. � � Addendum 1 Fage 11 of 12 �� fl C�� '�� '� ��'1( ��; r�� ° � �o �Ul�c"��j� ��GSo UU ` From: kike A4athews S1T.871-8•t88 To: Liida Taylor Oate: 1R2H00 Time: D0:58:59 Pags �2 ot 12 Dressing Room Renovation Wili Rogers Memorial Auditorium Addendum 1 ,� hcr.:ycou+b coie matcnal �+itJt � 4•alcr, root urctht,�c idhes�+e 'Thc dcck sl��ll T.ioe rv,•o p!ny�ng aurlueS ccnsu�ing af B4ck PolyTt�t An edging ct 6061a1w�unum •��ih �[•5 l<r:�per cbitt cn:iotc th< dccY, �nd at.aU havc a m.q�d v,w�tock aack to rece��c ncccssories suc� as srur hrackcta, cktntng, m�crfak thps, tt:. 1� sbail be �nx'Letl bl�k, and shsll bc ea�cttcd t0 4`5e deck w�0, ad},es�Yes and t«eted co�nc� h�ackcl5. Cornct btukets ihnil be or.e•puce „, Potyca�boo�tc casungs. De:ks haU r.utL_ pcmeacn:ly c��[cuuitted to a gircn Support s}1tctn but �haU inicrohangc (or use of Lhe tcvetse surfxe T7iere shal: ba uv boltcd tu;u'.ecc�ons of co�r:�or,cnta iR dcck � ron,tructwn. ii:e tnvcrott tlwtlt Dc 1lntnatcd •• n:� pemvicer.t ad:iczwc► �o g�.e ma■�rnum I:fc and Sb�l) also rt4uee drum hcad phenomtna �,�, e�prcss!d �n ryp�cnl con�aiuu�nn. �, � � C 5up➢on Syuem� Thc s•�ppert shsll be Cr.es��d�ng mect! esscmblies of Co;cf7Y73 �l deck �n�cnccnon� horizonialVy and d�agonally b�aced. 1T.e supFort sys+em s4a21 maic w,sh �he de:ks w,t,S sclf•aligninq ca:kel Fins on �h; sup�art system fir.ed to ton:c�l tcccptots uueYral to �F.e decti. ie sh�l! Ee f:brk xed from 6061 �?ur,unum K��: T•b remper o[ Khich mernbets a�r uzcd (mmi;nurt) as (oliow�s' � �to:n col�ir�» io b: 2.67" dii a ZU)" wa�{ th�cicnrs� b Ttu�er calumn to be 2?7" dre x.l S�t" w��:i t`�t:l+ness a Ctast b�+: �t an be 2" d�s a 1?>"' wnll �h:tkr.c5:. C��sc tnccs shaU 'c{tp' on us�ng sclf•focYir,b hcuks. A shndatd f nish af non•glarr biack <por.y shal! b< epplird wu�g U:c beked on poWdereo.ri,ig proeess Cu�use hcight �djv;Cne�es sh�ll bt pro�;ded in �" in•: rcmenrt from epp�osim�ialy 48"•18�' hei;he io nuich s�ege hcighc, u•�ch an add�ricn=1 Rn; �d}usC�ent nf S" ��+ a s<rc�+ fow. S�+< fin< icrew f�ut u'.�utlet sh�ll De no Ic>s �h�11!�" diameter usmg �n acme �tucad ll+e bonon of ttx foo� sh�ll be moldzd vtethane ao Icss th�n 3" u� ��rn<i<r Ba;hmg3 0! (.'N11W•PE ihall b: �mta11;J co Grc��enc rnctut io ��c�al cuatacl hcMccn �:u�cr an1 outef tClumn. Fio�sh sh�tt br ?nod�;ed 61�ek nr Dl�ck �no_c �ti• no.vdcr eo��. A. F'cRFf1R`.!A\CE [� S• i`x staEing ty:um sh�ll be subyected to lo�ds tn �dd:t�an te its o�^t ��ei,ch� th�� a�'cra�e a� lcazi I] S pourd; pet squatc fooi 'R�is toadmg shiit b: appiu�! vc[ti,aily and c/cScd 20'°o a}�o.�c o:w bclo«• �h�ti » creoc I'Or 0:ttiflimuut of i0.09J.:�:1�, T?r. loadine shs11 b: so �p�lud tFai it lnes na� �eirt,�n �?+c suppoR s�s;r.r� ihe �;aguig e�xc�� sh�ll Ue sub�r,t io i�dc IenCi in both durct�on axcs �6�s ec mm��s 2`••: of it•r atiec�be �Yrtical ioad dcvcr�Lcd en �eem ). ihn s�nll �I�o 6r eye;ed m pha�e ivourh l0.UU0 cy:�cs. 7:�c Cr:k surfocc shaU :uppan a ye��c lo�ci of 1,Z50 pound: p�r :qw�c u�cA appl�ed �rj;�� au :nstumcnt µtth a 1" diamete� by 1" w�dc. e Sueh as loacls be:ng n:o.cd abuut !hc �uge vn c�s�crt ) pILRT, • SUM1f'ti1.�RY 4,01 pL�rfORM 51��H rorsis� Of 2l eustom dwl e�d;d r.�ers;ble hearycomb 1■m�aa�: dceks, <ieht cuscom ME•fOCO bnA��nE suppottz w�tti a he�gh< <1ngc of npp�o�ircurcly a8"•7R" h<ight Addendum 1 Page 12 of 12 ' �!�'�'� � o � ' �'�� '� ��ti' �C�� G��1�17 �`�, ��-.�� fJp o � � � NOTICE TO BIDDERS Sealed bids for Renovation of Dressing Rooms, Will Rogers Auditorium, Project No. TPW99-016, 3401 West Lancaster Ave., Fort Worth, will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, February 3, 2000, and wil{ be opened and pubficly read aloud approximately thirty minutes later in the Council Chambers. � A Pre-Bid Conference will be held at 10:00 A.M., Tuesday, January 18, 2000 at the Will Rogers �. Auditorium. The Project consists of the renovations to the basement and stage level dressing rooms and installation of air conditioning equipment. Estimated cost is $120,000. The MWBE Goal for this project is 23%. Contact the MWBE office (871-6104) to obtain lists of certified subcontractors and suppliers. Contractors wili be required to post Payment and Performance Bonds and provide Contractors � Generaf Liability and Statutory Workers Compensation Coverage. Copies of the Project Manual and plans for this project may be obtained at the Department of Engineering Plans Desk, City Hall, 1000 Throckmorton Street (817.871.7910) in return for a$50 deposit for each set. For additional information contact the design Architect, FRS Design Group, 817-334-0556. Advertisement: January 6 and 13, 2000 .. ' , � 1 � 1 � � � ��c�� o�� QD � �� ''�° �� G1��IQ� �o �� ,��➢ ��o � � � � � r� � ' , , � ' , I � � � � TABLE OF CONTENTS NOTICE TO BIDDERS TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTION FOR BIDDERS (M/WBE) PROPOSAL GENERAL CONDITIONS WEATHER TABLE WAGE RATES TECHNICAL SPECIFICATIONS (See Drawings) CONTRACT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW ��O�O�d �[�C��D �� cG�[��1�� 3 ��9 1 �a v L* INSTRUCTIONS TO BIDDERS 1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the �,,, responsiveness of a Proposal: � � �„' � r � • Use the Proposal Form provided in the Project Manual. • Entries on the Proposal Form may be handwritten or typed • Write in contract duration if not specified • Acknowledge all addenda on the Proposal Form • Have a Principal sign the Proposal • Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard bid bond. Personal checks are not acceptable. Note Project Name on the check or bid bond 2. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBEI 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 S�ecial Instructions to Bidders, Minority and Women Business Enterprises Specifications, included in this Project Manual. In order to meet all the requirements for a Good Faith Effort you will have to start at least two weeks before the Bid date. The lowest responsive, responsible, bidder meeting the M/WBE requirements will be recommended for award. Information concerning participation of Minority and Women's Business Enterprises is not required for Projects less than $25,000. All purchases from M/WBE suppliers, second tier subcontractors and second tier suppliers may be included in M/WBE contribution toward meeting the goal. The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 P.M. five (5) City business days after the bid opening date. The Bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. Successful Bidder will be required to submit co-signed letters of intent or executed agreements with all M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed. 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort rM Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid and is subject to forfeit fin the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being consid- ered for this project. Bidder's bond will be returned if the City fails to award the contract within 49 calendar �- days of receipt of bids, unless the Bidder agrees to an extension. � 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in successful bidder entering into a contract for the work will be required to give equal to the amount of the contract awarded. The form of the bond shall be as surety shall be acceptable to the City. All bonds furnished hereunder shall � Article 5160 of the Revised Civil Statutes of Texas, as amended. �I � "J excess of $25,000, the the City surety in a sum herein provided and the meet the requirements of 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 l�J�i�� G�l�� e`:'� CUG�L� r��V ��'�� _ ��o v�r�li�l, ��o � �., 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 capitai and surplus. If reinsurance is required, the company writing the reinsurance must be authorized, accredited or trusteed to do business in Texas. � No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined . unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor shall immediately provide a new surety to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shail 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 executeci, in the amount of the contract, �, solely for the protection of all claimants suppiying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-BID SITE INVESTlGATION: Prior to filing a bid, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy himself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be perFormed and materials and equipment required. The filing of a bid by the bidder shall be considered evidence that he has compiied with these requirements. 6. AMBIGUITY: fn case of ambiguity or lack of ciearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the propos- al. 7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents, must be paid on this project. 8. POST BID - PREAWARD SUBMITTALS: 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 (Normaily Thursday foflowing a Thursday bid opening) in order to assist City staff in determining the Contractor's capabi{ity of performing the work and in meeting City contract requirements: Minority/Women's Business Documentation (for bids in excess of $25,000) Contractors Qualification Statement (AIA Form A305) Proposed Subcontractors and Suppliers Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCOIVTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the Gity in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: , 0 �'?1�G�� :� �'��?� �� 'b' ��'� G?�Gr?� f�a �� 4 ��, � � Should a bidder find any discrepancies in the drawings and specifications, or should he be in doubt as to their meaning, he shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Bidders at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Bidders. The Contractor is responsible for determining if addenda are available and for � securing copies prior to submitting a proposal. Oral instructions or decisions unless confirmed by addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. � � � Bidder must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE,: Bidders will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening � 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to � State sales taxes under House Bill 11, enacted August 15, 1991. � 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. � 14. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon construction cost and stated bid period of time for construction. Where the Bidder proposes time, the City will evaluate the City's program needs in determining the acceptability of the proposed contract duration. � The City reserves the right to award the contract upon those terms considered by the City to be in its best interests. 15. PLAN DEPOSIT: The City will deposit plan deposit checks to its account two weeks following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractors forfeit their plan deposit after that time. 16. 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°/o 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. 17. 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. Within 14 days after bid opening and upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. � .. � .. � , � u��0 G�l�:� ��1�� 0�' ��'��u�a�� o `II C:I�II U 9 �IS(tio L__I �, � City of Fort Worth Minority and Women gusiness Enterprise Specifications SPECIAL INSTRUCTiONS FOR BIDDERS r � r � APPLICATION OF POLICY I( the total doltar value of the contract Is 525,000 or more, the M/WBE goal Is applicable. If the total dollarl value o( the contract is less than 525,000, the M/WSE goal Is not appifcable. __ POLICY STATEMENT It is Ihe policy o( the City of Fort Worth to ensure the (ull and equilable participation by Minority/Women Business Enterprises (MNVBE) in the procurement of all goods and services to the City on a contractual basis. The objective o( the Policy is to increase the use ot MIWBE firms to a levei comparable to the availability of M/WBEs that provide goods and services directly or indirectly to the City. MM/BE PROJECT GOALS The City's MBEJWBE goal on this project is % o( the base bid value o( the contract. COMPLIANCE TO BID SPECIFICATIONS On City conlracts o( 325,000 or more, bidders are required to comply with the intent of the City's M/WBE Ordinance by either o( the tollowing: 1. Meet or exceed the above stated MlYVBE goai, or; 2. Good Faith Effort documentation, or; J. Waiver documentation. SUBMITTAL OF REQUIRED DOCUMENTATION The applicable documents must be received by the Managing Department, w�th�n Ihe fotlowing times allocated, in order for the entire bid to be considered responsive to the specifications. 1. MNVBE Utilization Form: recelved by 5:00 p.m., five (5) City business days after the bid opening date, exclusive of the bid opening date. 2. Prime Contractor Waiver Form 3. Good Faith Effort Form; rece(ved by 5:00 p.m., five (S) City business days after the bid opening date, exclusive o( the bid opening date. received by 5:00 p.m., five (S) City business days aher the bid opening date, exclusive of the bid opening date. {FAIIURE TO COMPLY WITH THE CITY'S h1/�"JQE ORDINANCE, W(Ll. RESULT IN THE QID E3EING I CONSIDERED NO�l-RESPONSIVE TO SPECiFICAiiONS. Any questions, please contact ttie M/1NBE Office at (817) 871-6104. � � � M�VBE - 1 ':�'��G�� G_'��u�D ��=� ti' �[��G�C��( �rl!� �:'r'�r�,1��. Rev. 6!2/98 FES-04-2800 09�22 FRDM THE FRYMIRE CU. TO 871g413E3 P.b�'b3 � I "" ' ATTACHMENT 1A Page 1 of 2 City of Fort Worth � Minority and Women Business Enterpris� Specifications MBE/WBE UTlLIZATI4N Th� Fr Ymire Compan,y 2-3-2000 PRIME COMPIWY NAME BID OATE Dressina Raom RPn. Will F�Q,a"e�r _M�morial A�ditorium TPW99-016 PROJECT W1ME WtOJECT NUMBER ' C77Y�s tiuwse e�aaEcr co�c: z 3 � ' M/WBE PERCEPfJ'AGE ACHIEVED: � � 4 � �T. � Failure to caar�plete lhis form, in i!s entirety wilh supporting documentation, and received by the Ma�aging Dep�rtment on or be%ne 5:00 p.m. five (8) City bus�nass elays after Did opening, exc(usive ot bid opening date, wel) resulC in the bid being considered non-rPsponsive to bld specHkations. ' � The unde�signed biddec agrecs to enber inta a forma! agreement with the M¢E acidlor WaE flrms tnr woHc-li�tsd in this sctwdulo, condiiioned, upon executian of a contract with the City oE Fort Wo�th. The intientionai and/br krtovring misr�epnesentatior� of facts is grounds far conslderation of dtsquafifieation a�d will resutt in the bid being�;co�idered non-ra�spansiv�e to�.specification�. , . company Nsme, Co� Nams, C•� SDedh�Contractln8 :� ��! �ems w: bo Dollar Amount` � tiddrass, and Telepho�e No. ' . Scope of Wo�lc (') . �, Sapptted('') � '^�. ��' . � F"�. e� � �'p: • Q : O. q F' � '. � � X;� } .r ~ , � Qi�mon lec:tric Electrical 1s� $ 35,400.0C 1525 W. Ripy � ... �ru'5�.� �to��h !'L x�� n � �„Jim Hollaow�v 817-924-9046 � Marghal tley 2209 �th Ave. Fort Worth, TX 76110 � Ray Utley 617-9�6-b'l/1 � Flooring 15t $ 11, 209 .0( � � �� i1IM:8� Tt18i 1f6 lOG6md� ifl t:1Q 9(MMj OOYIIIY RiBfRA�{1�lCA�;Or d►Rrfl�f dOGUR p481flO�i� 11t. t11s�1f1:1'�OMP�aos� at the tllflC O� Wd.`'.''i:�.?'r'`��i: ;: -'. '. ..-' � �(7 speclyr a11 arrs tn wA1cA MWBE's aro to be udNred: andtar Ifroes 10: br supplNd: a. . ;. li'� A ComP� ��A Ot%111s t0 be SupPUod Is tiqulead hi ordM� to �sesliia uibdlt tow�M IM MNYBE AOaI., ! � ("') IdentlfY �st* Tis� fwsl. Tke Means the lew{ of suboonleaeling beiow tl� prlm� tonlraetodeonsu(tanL i e s d� Psynw�t �� , from.lhe prfnNr oontractor te a subcontraclor ts oonsldasd.t" tier. s A+lpnent by a su�oaN�hacboc to � anptAter lo c,o�sldets�d 2"' tfar. `-• � .� � ' iHIS FORM MUST BE RECEIVED BY THE MANAGING DEPARTMENT BY 5:00 p.m.. FNE (5) CfTY BUSINESS DAYS AFT'ER BID OPENING, EXCLUSIVE OF THE BIO OPENING DATE Rgv. 6/Z198 Pages 1 and 2 of Attachment 1A must be received by the Managing Dapartment ��US��OG�:� G[�i; uGL ��u U `V'�'vGdC�QY �n VU�J�;'UIIU� Ul5/No rtd-b4-�bl� by�� hKU� IMt hKY�1Kk LU. IU �'(1�4�tl N.bS/bS � � ATTACHMENT 1A Page 2 of 2 -, � City of Fort Worth Minority and Wome� eusiness Enterprise Specifications M8ElWBE UTIL1ZA714N - CcmWnY Na�. Contaet Nams, Qeet111ed SPseif�l All Cot�tractlng = SpeciEy AIl items to be ' Dollar Amount � Asld�as. and 7elephon� Ho. { .- Sc4pe► of Woric (') SuppiEad(') ,�* � HQ o � -0 z B� � ' F � �� ' 1 � � r � The hidder further agr�es to p�ovide� directty to the City upon request, complete and accurate inEormation regard'mg actual worlc perfonr►ed by all subeontractors, inatuding MBE(s) and/ar WBE(s) arr-artgem�nts submitted wvith this bid. The bidder also agrees bo altow an audlt andlor exarninalion of a�y books, records �nd files held by thar company that will substantiate the actual work perfonn�d by the MBE(s) and/or W�E(s) on this contract, by an �uthoriud of(Ece� or employee of the City. Any intentional and/o� knowing misrepresentation of facts will be grounds for terminating the contrect or debam�ent irom City work for a period oP not less than thrce (3) years and for initiating aation under Fede�al, State or Local laws conceming false slat�ements. My tailure to comply with this ordinance and creates a material breach of contract may result in a determination of an irresponsible offeror and bamed from participating in City work for a period of time not ss than one (1) year. A� M s a�d WeLs MUST BE CERTIFIEG 8Y THE CtT1f eEFORE CONTRACT AWARD / J G. L. Frymire Authorized Signatur� � � Printed Signature President Titlo Contact Name and Title {If different) Tho Fr,ymire Company 817-336-4514 Carnpany Name Telephone Numpe� (s) 3000 Shotts Street 817-870-9155 Address Fax Number Fort Worth, TX 16107 2-4-2000 City/3tate2lp Code Date � THIS FORM MUST BE RECElVED BY 7ME MANAGING DEPARTMENT BY 5:00 p.m., FNE (5) CfTY BUSINESS QAYS AFTER sID QPENING. EXCLUSIVE OF THE Bi0 OPENIAfG OATE �y Rev- 6IT198 Pages 1 and 2 of Attachme�t 1A must be received by the Managing Departme�t L �_ , � �� C�� G°1��J�'L� ��1 ��G��`��`� �n ��✓!:��U I!p �l`�G�a TOTAL P.03 ,.. Frm� Mlts MafF�aws 817-871-3�185 To: �es w�endenneu oaco: �mnoo rjme: 2�f:w:ns Pape 4 of �2 �� Dressing Room Renovation Wiff Rogers Memorial Audftorium Addendurn 1 PROPOSAL Revised Addendum 1 T0: MR. BOB TERRELL ClTY �IAANAGER C1TY OF FORT WORTH, TEXAS FOR� WILL ROGERS AUDITORIUM RENOVATiQN OF DRESSING ROOMS 3401 W. LANCASTER AVE. � Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughiy examined the plans, specifications and the site, understands the amour�t of work to be done, and hereby proposes to do all the work and fumish alf labor, equipmerrt and materiafs necessary to fulty complete alt the wotk as provided in the plans and specificatiorts, and subject to the inspedion and approval of the Diredor of Transpo�tation and Public Worlcs ef the City of Fat Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a corrtract and, rf the contract amourtt exceeds 525,000.00, fumish Performance and/or Payment 8onds approved by the City of Fort Worth fo� performing and completing the Work within the time stated and for the (olrowirtg sum, ro wit: DESCRIPTION OF ITEMS Base Bid: � � — I , �� '�1 l�� ._�� Add Altemate 1: Install VCT, pairrt in basemerrt corridor. � fi�-�flfl .71n Add ARemate 2: Install portable orc,hestra pit fiUersystem. $ 14, 700 .00 Add Altemate 3: Install carpet file in Room 803. $ 1, 000 . 00 � � The undersigned agrees to perform the base bid and the altemates, if included, prior to June 1. Z000. - Wor1c wiil be scheduled to avoid interference with Auditorium operations. The City reserves the right to accept or reject any and all bids or any combinatlon thereof proposed for the above woric. : The undersigned assures that its employees and appiicar�ts for employmer�t and those of any labor organizaUon, subcontractors or employment agency in either fumishirtg or retemng employee applicants to the undersigned are nat d�criminated agairist as prohibited by the terms of Cdy Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 tMovgh 13A-29j. - " Residency of Bidders: The 1985 Session of the Texas LegisNature passer! house Bill 620 relakive to � the award of contracts to non-residertt bidders. The iaw provides that, in order to be awarded a contract as low bidder, non-re.siderrt bidders (out of state contradors whose corporate oflfces or principal place of business are outside of the State of Texas) that bid projects for ca�tnx�ion, improvemertts, suppfies or services in Texas at an amourrt lower than the fowest Texas residerit Addendum 1 Page 4 af 12 � � ��COI�� °?[��,r�Ln �0� ��GG�� ° ��'�' : �, ��C'�?�� i �'�?� - �. Fta� b�cs Matlww�s 817-371-8488 To: Ln MbndenhaY pat�: 1!!7l700 Ttns: 21:5lhJ �+o•s a �2 Dressing Room Renovation Wilf Rogers Memorial Auditorium Addendum 1 �.. bidder by the same amount that Texas residerrt bidder would be required to underbid a non-tesident bidder in oraer to obtain a comparable contract in the state in which ihe no�resident's ptinapal place � of business is located. The appropriate biar►ks in Section A must be filted aut by ail non-resider�t bidders in order for your bid to meet specifications. The failure of ouf of state or non-tesident bldders Failure to comp(ete the forms may disqualify that bidder. Resident bidde�s must check the box in Section B. �' `r � Lr � �� ..,, A. L► Non-resider�t vendors in (give state), our principal �� place of business, are required to be peroerrt lower than residerrt bidders by state faw. L� Non-residerh vendors in (give state), are not required to underbid resident bidders. B. �{ Our principal p4ace 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 vin11 execute the formal contract and will deiiver an approved Surery Bond for tt�e faithful pertoRnance of this contact The attached deposit check fi the sum of $5 /GAB pahars (�_1 is to become ttie. �� property of the City of Fort Worth, Texas, or the attaclied Bidders 8ond is to be forfeited in the e�vent the cantract and bond are not executed withirr the time set forth, as liquidated damages for delay and additionai work caused thereby. MINORITYM/OMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25,000) • I am aware that I must submit ir�fnrmation the Director, TranspoRation and Public Wwks, conceming the M/WBE participafion within FiVE BUStNESS DAYS of submitta( af fhis Proposaf in order to be RESPONSIVE. Respectfulty submitted, ' The Fr.ymire Companv Compa N � • � 3fgnature �� . � G. L. Frymire, President Printed Name of Principal T�le Address: 3000 Shotts Street Street Fort Worth, TX 76107 Phone: 817-336-4514 : F� 817-8/0-915.5 Receipt is acknowledged of the following addenda: �� Addendum No. 1: 1-21-2000 Addendum No. 2: Addendum No. 3: Addendum 1 Page 5 of 12 � � : � Ulf�� 6 U,�� c�l�' : �GG�i ��'rG�f�� , ��''LW, Ul�ir� . ,. �.,.�_. �._._ -- —. � � City of Fort Worth, Texas Transportation/Public Works Department Building Services Division/Architectural Services Section GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION � � � SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMEIVTS. 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 fimited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shail be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract �ocuments can be changed only by a written Amendment slgned by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A�i 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 FAMILIARITf 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 shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT. Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract, the intention of the Contract Documents being to provide for all labor, s�pervision, materiais, equipment and other items necessary for the proper execution and completion of the Work. Words that have well recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS. The Architect will furnish such interpretations of the Pians and Specifications as may 10/11/99 be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shail be consistent with the purposes and intent of the Plans a�d Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Oocuments, 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 finai 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 Fleld Orders (by date of issuancej; Addenda (hy date of issuance); Orawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner of the Architect are and shall remain the property of the Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work. A-10 MINORITY AND WOMENS BUSINESS, ENTERPRISE POLICY. The City of Fort Worth has goals for the participation of disadvantaged business enterprises in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The Ciry policy and procedures to be followed in submitting bids is included. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other Federafly funded Projects. A-11 CORRELATION AND INTENT. In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. if the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precede�ce over smail-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow instaliation in the exact location � GC - 1 of 23 �"��a�01�,� G'��G�D � �: ��'Uf ��G�C��Q�i� �a �GG�1�N�9 ��o r � shown. Relocation shall not occur without the Architects approval. r A-12 AGE In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the empfoyment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on thelr behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontrac- tor against City arising out of Contractor's andlor its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance o4 this agreement. r A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general pubfic, nor in the avaiiability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disabiliry and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against Ciry arising out of Contractor's and/or its subcontractors' aileged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SEC710N B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINiSTRATION. Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportation and Public Works or his designated Project Manager. The Director, Transportation will designate a Project Manager and Construction Manager to administer this contract and perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be designated to perform the duties of "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 woric under the Contract on the date and to the extent specified on the notice of termination. 10/11/99 � 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 totai 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 shail submit its cfaim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or 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 Worth shall be final and binding upon all parties to this contract B-3 DUTIES OF THE ARCHITECT As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shal! create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER The Architect will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. S-5 ACCESS TO JOB SITES. The Architect shall at alI times have access to the Work whenever it is in preparation and progress. 7he 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 qualiry of the work and to determine if the work is proceeding in accordance with the Cantract documents. On the basis of on-site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS. The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the finai decision of the Owner. 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 advisable in order to insure the proper realizatior. of the � �'rr` ��"2 �if:, . ��I��'��U'�� U,:I��JU�U' GC - 2 of 23 �� p�f (�(��v ��(�Q/�� fei1�7 U c�LS � iur�US U If uo ��'�UiUIIUp IIL�W�� r", 'r.. .. 4 r � intent of the Plans and Specifications, the Architect will have authority to require the Contractor to stop the Work or any portion thereoi, or ta require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT. Shoo Drawinqs. 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 ihe Owner through the Architect in accordance with the provisions of Section L. Guarantees. The Architect will receive on behalf of the Owner all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Architect five copies of each guarantee. The Architect wiil provide three copies of each guarantee to the Owner. Insoections The Architect wi�l conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. Ooeration and Maintenance Manuals The Architect will receive on behalf of the Owner, six copies of all applicable equipment instaliation, operation, and maintenance brochures and manuals required of the Contractor. The Architect will provide three copies of this information to the Owner. S-9 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SEC710N C OWNER C-1 IDENTIFICATION. By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Building Seroices Division. Generally speaking a designated representative wiil be identified from within the Building Services Division to act as a point of contact for day to day contract administration. C-2 DU71ES OF THE OWNER. The Owner shall furnish surveys describing the physical characteristics, legal {imits and utiVity 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 Work as shown on the Owner's survey are for information oniy, are not binding upon the Owner, and the Owner shall not incur any liability for foss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and ail 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 l0li 1/99 reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS. The Owner shall issue ail 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 wifl have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonabie 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 poction 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, instalied or completed. C-7 SUBSTANTIAL COMPLETtON INSPECTION,. Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a Substantiaf Completion Inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list to be prepared by the Architect and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 R1GHT 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 directiy pertinent books, documents, papers and records of the contractor invoiving 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. SECTION D CONTRACTOR D-1 IDENTIFICATION. The Contractor is the person or organization identified as such in the Contract. The term GC - 3 of 23 ., ,, . �::=c;!��.��,��, G'��G�D ''� �1��' ��'�.s `��?� (�1f �('�� '�i�M �?f�M ;�: ��,-. �� F f � Contractor means the Contractor or his authorized representative. D•2 INDEPENDENT CONTRAGTOR 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 control 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 employees. Nothing herein shall be construed as creating a partnership or joint enterprise between Ciry and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply. D-3 SUBLETTiNG It is fuRher agreed that the performance of this Contract, either in whole or i� part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-d REVIEW OF CONTRACT DOCUMENTS. The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, 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 shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS. Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materiaimen from outside local area. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 PREVAILING WAGE RATE. The Contractor agrees to pay not less than the general prevailing rate of per diem wages for Work of a similar character in the locality in which the Work is perFormed, and not less than the general prevailing wage of per diem wages for a legal holiday and overtime work to all laborers, workmen and mechanics employed on the Work under this Contract. The Contractor agrees to pay at least the minimum wage per hour for ail Iabor as the same is classified and set out by the City of Fort Worth, Texas, a copy of which is attached hereto and made a part hereof the same as if it were copies verbatim herein. D-8 WARRANTY. The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good qualiry, free from faults and defects, and in conformance with the Contract Documents. All work not so conforminq to these standards 10/ 11 /99 may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. 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, �icenses, Certificates, and fnspections, whether permanent or temporary, required by law or these Contract Documents. The Contractor shall give all Notices and comply with alf Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. if the Conkractor observes or becomes aware that bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in vialation of, ar contrary to, any of such taws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect, the Contractor will assume full responsibility therefor and bear all costs attributable thereto. D-11 CASH ALLOWANCES. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment defivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the 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 include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-12 SUPERINTENDENT. The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CQNTRACTORS. The Contractor shall be responsible to the Owner for the acts and omissions of ali his empioyees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said GC - 4 of 23 '��'��L'�G-t�.� Pc�LS��iA�L�' ;�':-�`�`�lf �r�;: it��l�`n1Uu U t�. ��vG'�M� �if�_ � M�" �.,,., Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the totat cost thereof, said excess cost. D-15 PROGRESS SCHEDULE. The Contractor, immediately after being awarded the contract, shall prepare and submit for the ArchitecYs approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for 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 afso indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The progress schedule shall be updated at least monthly by the contractor and submitted to the Architect for approval with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE, SITE. The Contractor shall maintain at the site for the Qwner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work, and the Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the work. D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which iliustrate 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 shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the Contractor shali inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. 10/11/99 � 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 ConVact 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 un61 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. ArchitecYs approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shail 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 Councii of the City of Fort Worth, the entire site of the Work shall be under the exclusive controi, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-19 SAFE WORK PRACTICES. The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materiafs and shaA 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 TRENCH SAFETY The Contractor shall be responsible for all design and impiementation of trench shoring and stabifization to meet regufatory requirements. If the Proposal requires, the Contractor shali include a per unit cost for trench safety measures in his bid. If not included in the Proposal, the Contractor shall include a cost for trench safery measures for all trenches over 5 feet in depth in his 5chedule of Values. =,;��:u'��.� �'��?� : GC - 5 of 23 � ''�: � i �f c"�'rG�[�� ^:'. �i��l"��:� i':�I! Inl. fl �� _ � � � t�. r. D-22 CUTTING AND PATCHING OF WORK. The Contractor shafl do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-23 CLEAN UP. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass su�faces and leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buifdings "broom-clean", Contracto� shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-24 COMMUNICATIONS. As a generaf rule, the Contractor shall forward all communications to the Owner through the Architect, and in all other instances the Contractor shall furnish the Architect a copy of any communication sent directly to the Owner. SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization who has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual re�ation between the Owner and the Architect and any subcontractor or any of his sub- subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS. The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (inciuding 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 of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior 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 disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shal! provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS. All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub-subcontractors) which shal! contain provisions that: 1. preserve and protect the rights of the Owner and the ArchiYect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. require 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 incfuded in every subcontract, and every subcontract shali be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically inciuded in the sub-contract. E-4 MINORITY AND WVOMENS BUSINESS ENTERPRiSE iM/WBEI, 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 Wo�th 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 applicabie, must be submitted within five city business days after bid opening. Failure to submit the post bid information shail render the 6id non-responsive. The City will consider the contractor's performance on other City Projects regarding its MlWBE program in the evaluation of bids. Failure to comply with the City's M/WBE program, or to demonstrate a"good faith efforY', shall result in a bid being considered irresponsible. 10/11/99 � GC - 6 of 23 ';�;i�ll��1�`:L� b=��v�Vl�� '�; �1��' ��'�G� � ° Q� 7�: ��' �`'�I�o ��o � � �� i�� .. a Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterpnse (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 files in iCs possession that will substantiate the actual work performed by an M/ WBE. The misrepresentation of acts (other than a negligent misrepresentation) andlor the commission of fraud by the Contractor wil� be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Fu�ther any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in Ciry work for a period of lime of not less than three years. Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to issuanca of the Notice to Proceed. Contractor shall atso provide monthly reports on utiiization of the subcontractors to the Construction Manager. The Contractor may count first and second tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order is in excess of 10% of the original contract, the M/WBE coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the contractor shall: 1. Make no unjustified changes of deletions in it's MMlBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier oppo�tunities 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/WBE subcontractors or suppliers. Justification for change may be granted for the following: 1. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance 2. Failure of subcontractor to provide required general liability or other insurance. 3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the Contractor in preparing his M/WBE Participation plan 4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract. 10/11 /99 � 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 O�ce with documentation to reflect final participation of each M/WBE subcontractor and supplier used on the project. E-5 PAYMENTS TO SUBCONTRACTORS. The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Architect refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar 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 shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection wikh other portions of the Work. When separate contract are awarded for other portions of the Work, "the Contrac#or" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The Contractor shall afford other contractors reasonable opportunity for the 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 contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. if such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shafl defend against such suit at the Contractor's ��,Q :. . �. , ; r�: r� ,;";, �i�'�'ll r.; ��'" ��,'iJ � �i GC - 7 of 23 '.:�1 l J.:�J�r�� G� �••��i�.�• . ��'u �"�'� �?C��G�� 'rl!a �� L�:'�G�p ��o � � � �. r- � expense, and if any judgment against the Owner arises therefrom, the Contractor shali pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Contractor shaii 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 shali not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP. If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS r �� G-1 COfJFLICT OF LAWS. The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws, 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 liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS. It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the exlsting 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 LIABILITY OF PUBLIC OFFiC1ALS,. In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of FoR Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of FoR Worth are engaged in the performance of a governmental function and shali not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS. Contractor ag�ees the comply with ail laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. Contractors are responsible for obtaining construction permits from the 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 schedule to the Construction manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. 10/11/99 � Water and sewer access fees will be paid by the City. Any other permit fees are the responsibilily of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the Owner, its o�cers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, incfuding death, arising out of, or aileged to arise out of, the work and services to be performed hereunder by Contractor, its o�cers, agents, employees, subcontractors, licensees or invitees, whether or not an� such iniurv, damaae or death is cauSed, in whole or in oart. bv the nealiaence or alleoed nealipence of Owner. its o�cers. servanfs. or emolovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or damaae is caused in whole or in oart bv the nea(iqence or a!leqed neolipence of Owner. its officers. servants or emplovees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a{etter irom Contracror's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to accept bids on other City of Fort Worth public work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS. Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shali 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 WRITTEN NOTiCE. Written Notice shali 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 wo�k, to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surery 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. GC - 8 of 23 ��,��r�� ;�� C��G�G�D �::8�'`� �C��G?��l�h� I�o YYV�.'L11U9 yL71/�i L �� r � Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. To be an acceptabie surety on the bond the name of the surety should be incfuded on the current U. S. Treasury List of Acceptable Securities [Circular 570j, and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surery must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized, accredited, or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same, the Contractor shali immediately provide a new surety bond satisfactory to the City. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK. If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS. The Contractor shalf pay all royalties and license fees. He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for al1 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 believe that the design, process or product specified is an infringement of a patent, he shall be responsible for such Ioss 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 approved, the Contractor shall give the Architect timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection, tests and approvals unless otherv✓ise provided. If after the commencement of the Work, the Owner or Architect determine that any Work requires special inspection, testing or approval not included above, the Owner or the Architect, upon written authorization from the Owner, will instruct the Contractor io order such speciaf inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such speciai inspection or testing reveais a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; r 10/11/99 � otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspecUon, testing or approval, and three copies wil{ 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 Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES. SERVICES. The Contractor shall perform the work under this Contract with a minimum of outage time for ail utiliGes. Interruption shall be by approved sections of the utiliry. In some cases, the Contractor may be required to perform the work while the existing utility is in service. 7he 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 interrupted. The interruption time shali be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the 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 shall be as approved by the Owner. G-13 LAYING OUT WORK. The Contractor shall verify dimensions and efevations 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 shali carefU{ly compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the focations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediateiy 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 shaii be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference which may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. GC - 9 of 23 ^�'i� U��J�.�,��n:� U'��l�V �� I\ `' : ��`u ��'�G? � ° G��l I±��o UU^�U:'�J�g UILSUOr � � � � � �� 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 Orawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS. It shali 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 righCs; 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 most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK. The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to an from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner. G-18. HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The contractor shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING. Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the ArchitecPs attention immediately and the relocation determined in a joint conference. The Contractor will be held responsibie for the relocating of any items without first obtaining the ArchitecYs �"' 10/11/99 ` 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 materia4s, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS. Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to mean that said application or instaliation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun. G-22 CLEANING UP. The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the work. At completion of work, the General Contractor shall, immediately prior to final inspection of complete building, execute the following final cfeaning work with trained janitorial personnef and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base, and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean alI cabinets and casework. 4. Dust all ceilings and walis. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shall be cleaned and poiished 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. All paint surfaces shall be ciean and unbroken, hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required GC - 10 of 23 � ilr,�„i � ,- ;��'^ r �I�, �"i �i �� (i l�'� �; i�'li �li � C-u l��`;�!r_� J_uC;^:rU;�Lr (�:uU ll ��r U�LSUWUSU ��o j G'�G�P �I�3o �`" condition at the time of acceptance of all work under the control, fan, electrical panels, service entrance Contract. equipment and light fixtures. � � � L � �r 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL. Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION. The contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate buiiding area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periads. A fire extinguisher shall be avaiiable at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT. Final Insoection. Record Drawinas: Attention is called to General Conditions Section � entitled, "Payments and Completion." Maintenance Manual: Sheets shall be 8 Yz' x 11", except pull out sheets may be neatiy folded to 8 Yz " x 11". Manuais shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub-contractors. �, Z) �' 3� � Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature �'" 10/11/99 � 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, other materials. Submit six copies of Maintenance Manual, prior to request for final payment. Ooerational Insoection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properiy 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. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or his successor(s) in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturers normal extended warrantees, the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 Y2K COMPLIANCE REQUIREMENTS The Contractor warrants that each hardware, software and firmware product delivered for incorporation into the Work be able to accurately process date/time data between the years 1999 and 2000, including leap year calcula6ons and as described below: 1. Date/time data between the information technology incorporated into the Work shall transfer accurately to and from information technology purchased separately from the Work but intended to be used in association with warranted products or systems. 2. Where the contract documents require that products must perform as a system with respect to date/time data transfer, the warranty described herein applies to the performance of the system rather than to individual products. GC - 11 of 23 f�.�;'Ly��'C�G�� '� GU �'� � � �v� c��rG�(�° G��'i� �o l') C=' U � U p��LNa � � i+r �' �.r l� �' 3. The duration of this warranty and the remedies available to the Owner for the breach of this warranty shall be as defined in and subject to, the terms and limitations of the Contractor's standard commercial warranty or warranties. 4. The remedies available to the Owner under this warranty shall include repair or replacement of any product or system whose noncompliance is discovered and made known to the Contractor, in writing, within one year following the date of substantial completion. 5. Nothing in the provisions of this warranty shall be construed to limit any rights or remedies the Owner may have with respect to defects discovered in the Work not related to compliance requirements of this section. The contractor agrees to correct defective Work within a one year period after Date of Substantial Completion, and provide one year warranty for accurate transfer of date/time data between the years 1999 and 2000 as described within this sectian. G-29 RECORD DRAWINGS. Upon completion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatiy 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 shali 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 shali 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 ali sub-surface utiliry lines, average depth below the surface and other appurtenances. G-30 CONSTRUCTION FENCE. At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-31 PRODUCT DELIVERY. STORAGE. HAND�ING. The Contractor shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-32 REMOVAL OF SALVAGED MATERIAL. The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. SECTION H CONTRACT TIME � H-1 DEFINITIONS. The Contract Time is the period of time aliotted in the Contract Documents for completion of the Work. � 10/11/99 � The date of commencement of the Work is the date established in the Notice to Proceed. If there is no no6ce 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 su�ciently complete, in accordance with the ConVact Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the City Council of the City of Fort Worth or iYs designated Assistant City Manager, and no other form of acceptance will be binding upon the Owner. A calendar day constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a"Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth. A working day is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Should the Contractor choose to work on Saturdays, one day wili be charged as contract- working time when weather or other conditions permit seven hours of work as delineated above. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's Day. H-2 PROGRESS AND COMPLETION. All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contact Time. H-3 DELAYS AND EXTENS�ONS 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 shall 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 �- , �, r.,.,�,��.�.:� GC- 12 of23 ��'�Ir�'��Sil�'c7 i,4,'S��i��J'.��1 ': ��' �C�!� �'��V�1� U �a VI� ��L',_��UUp �SL^�.`o � � claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H� 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 total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. I-2 SCHEDULE OF VALUES. Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum, divided so as to facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the 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 complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's titte to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at � 10/ 11 /99 � 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 seiler or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for PaymenY', and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-5 CERTIFICATES FOR PAYMENT. If the Contractor has made Application for Payment as above, the above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the ArchitecYs observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the Contractor be paid in the amount certified. �n addition, the ArchitecYs approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works. For contracts less than �400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the Ciry Councii of the Ciry of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project 6y the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibiiity for faulty materials or workmanship. The Contractor shali promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. I-6 PAYMENTS WITHHELD. The Architect may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may 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 GC - 13 of 23 � �"��0�� 'G��]�'� _ �Zn ��o�rf-�lM �� R"' w � !� � � � � �'° � � � r.W may be necessary in his opinion to protect the Owner from loss because of: 1) defec6ve work not remedied; 2) claims filed or reasonable evidence indicating probabfe 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 subcon- tractors remains unsettled at the time all work on the project has been completed to the satisfaction of the Director of the Transportation and Public Works Department, as evidenced by a final inspection, final payment to the Contractor shall not be recommended by the Director of the Transportation and Public Works 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 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 finai payment to the Contractor be made. If condition (2) above is met at any time within the six-month period, the Director may recommend that the final payment to the Contractor be made. At the expiration of the six- month period the Director may recommend that final payment be made if ail other work has been performed and all other obligations of the Contractor have been met to the satisfaction of the Director. The Director may, if he deems it appropriate, refuse to accept bids on other Transportation and Public Works Department contract work from a Contractor against whom a claim for damages is outstanding as a result of work performed under a City contract. I-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 orless 345 �15,001 to $25,000 5 63 $25,001 to �50,000 $105 550,001 to �100,000 $154 $100,000 to 5500,000 �210 $500,001 to �1,000,000 $315 �1,000,001 to �2,000,000 �420 52,000,001 to �5,000,000 $630 �5,000,001 to �10,000,000 �840 overS10,000,000 �980 I-9 FAILURE OF PAYMENT If, without fault on the part of the Contractor, the Architect should faii to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. 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 inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall establish the Date of Substantial Completion, shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, and insurance, and shali fix the time within which the Contractor shall 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 Application for Payment and upon receipt of a final application for payment, providing the record drawings have been received by the Architect, the Architect will conduct such test and/or inspections as he deems necessary, and if in his opinion the Work has been completed in accordance with the Contract Documents, the Architect will promptly issue a final Certificate of Substantial Completion stating that to the best of his knowledge, information and belief, and on the basis of his observations and inspections, 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 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 release of the retainage amount will become due within fifteen days following approvai of the Ciry Council of the City of Fort Worth in accepting the work as complete. GC - 14 of23 '��QG�/�� `,.�,��iJU<L� � 10/11/99 ��% ��J I� r�: U U �� Uit � d Uii II �5R I�Un^,r�5�n_a s��n,; L r�� I M �� Neither the final payment nor the remaining retained percentage shall become due until the Contractor submits to the Architect: 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. 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 shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and supervising all safery precautions and programs in connection with the Work. The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The Contractor shall take all reasonable precautions for the safety of, and shail provide all reasonable protection to prevent damage, injury or loss to: (1) all employees on the Work and all other persons who may be affected thereby; (2) all the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors; and (3) other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non-execution of the Work. The Contractor shall rebuiid, 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. 10/11/99 The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authoriry having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose 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 employed by him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. 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 safery of persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. SECTION K - INSURANCE K-1 Insurance Reauired. The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the Ciry of Fo�t Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. K-2 Workers' Comoensation Insurance: 1) Generai 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 employees employed on the project in compiiance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. GC - 15 of 23 �. �:�'�Irl��%tL b`'L�'�,�J�`t �� ''; �� [�'� G��B�1G?`� U t�a ��V'N��..�lSl/��a L � � �' � b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who wifl 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 will 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 Worker's Compensation Commission's Division of Self- Insurance Regulation. Providing false or misleading information may subject the contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The contractor's failure to compiy 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. 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, TWCG83, 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. i'� � c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauiing, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3) Requirements � ' 10/11/99 GC - 16 of 23 a) The contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for ali employees of the contractor providing services of the project, for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entiry prior to being awarded the contract. c) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project, the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The contractor shall obtain from each person providing services on a project, and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The contractor shall notify the City in writing by certified mail or personal de�ivery, within ten (10) days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The contractor shall post on each project site a notice, in the text, forrn 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 contractualfy require each person with whom it contracts to provide services on a project, to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ii) provide to the contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) provide the contractor, prior to the end of the coverage period, a new certificate of �; ��U�� l^'�� '� GuGC� . '�: ��' ��'� U��; G�I� �R Il�n�f�:��tM �r�M � � � ` � !"" � � rw � � �" `.. � � The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensa6on 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 repo�t an employer's failure to provide coverage." K-3 LIABILITY INSURANCE. The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him, the City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims of damage which may arise from operations under this Contract, including blasting, when blasting is done on, or in connection with the Work of the Project, whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: 51,000,000 each accident, or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non-owned and borrowed vehicles used in cannection with this Contract. 2) Commercial General Liability: �1,000,000 each occurrence. Coverage under the policy shali be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specificaliy requires the removal of Asbestos Containing Materials, the Contractor shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate iimit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE. Unless stated otherwise in the Proposal or Invitation, the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, Iightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his 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 INSURANGE. The Contractor shall provide a certificate of insurance documenting the Transportation and Public Works Department, Ciry of Fort Worth as a"Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents an/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS. GC - 17 of 23 �"^ 10/11/99 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; v) retain all required certificates of coverage on file for the duration of the project and for one year thereaker. 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 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 of Required Worker's Compensation Coverage. a) The contractor shall post a �otice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report faiiure 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 shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE �[��DC�O�� C��G�D � �-O�ll �C�'� � � ° Gl� G�o ��L`:'��UUp ��W. � �� 4.. 1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas, or otherwise approved by the Ciry of Fort Worth, and such shail be acceptable to the City of Fo�t 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:V�i, 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 City. 4) 5) � 6) 7) 8) � r�* , Deductible limits on insurance policies andlor self insured retentions exceeding 510,000 require approval of the Ciry of Fort Worth as respects this Contract. The City of FoR 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. Full limits of insurance shall be avai�able for claims arising out of this Contract with the City of Fort Worth. The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City af FoR Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including endorsemenis thereto and, at its discretion, to require proof of payment for policy premiums. 9) The City of FoR Worth shall not be responsible for paying the cost of insurance coverages required herein. 10} Notice of any actual or potential claim and/or litigation that woufd affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION � CHANGES IN THE WORK 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 shaH be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2� by unit prices stated in the Contract Documents or subsequently agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set fo�th herein above is agreed upon, the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved. The cost of such work shafl then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the ArchitecYs Certificate of Payment as approved by the Owner. If after the contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forvvard the proposed change order request and price proposal to the Owner for approval. If the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and fonriard it on to the Owner for approval. If the negotiations do not result in an equitabfe solution, the Architect shali prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter, that when the cumuiative effect of Change Orders results in an increase in cost of the contract amount by over $3,000, the City Council must approve ali such Change Orders which wiil exceed this limit. Normal processing time for the Ciry Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty (30) days . Owner, Architect and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. L-1 CHANGE ORDER. 7he 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 7ime 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. 10/11/99 If unit prices are stated in the Contract Documenis or subsequently agreed upon, and if the quantities originally GC - 18 of 23 �'� ��d� OG�� :'[��'�G?@ �8�1 �[��G��1G�'� Il Uo � j'��0 �Iri�o � � � � r � contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed wiil create a hardship on the Owner or the Contractor, the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost or time is invoived 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 Gontractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR T1ME,. If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering {ife 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 ciaim, +f approved by the Owner, shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shafi not exceed fifteen percent 15% . 2. Ailowance 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 7HE WORK. The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contact Time and not inconsistent with the intent of 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 aut such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner or Architect, it must be uncovered for observation and replaced, at the Contractor's expense. If any other work has been covered which the Owner or Architect have not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be Uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it 10/11J99 be found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK. The Contractor shall promptly correct al1 work rejected by the Owner or Architect as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear 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 Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with ihe Contract Documents, the Contractor shafl correct it prompUy after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary, and the work shali be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shal{ bear the cost of making good all work ot separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non- conforming work within a reasonable time fixed by written notice from the Architect or the Owner, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting afl the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of safe do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shail pay the difference to the Owner. lf the Contractor faiis 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 otherv✓ise prescribed by law. M-3 ACCEPTANGE OF DEFECTNE 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 wiil be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shal! be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR.. If the work is stopped for a period of 30 days under an order or GC - 19 of 23 ��)��0� D�w � G�'C�G'u��'D . ° �� J�� U�L517iJG1� �o �'L�)Gu'��, �f��, � � L C*'�l f,:r L �' �r � any court or other public authoriry having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor, or if the work shou�d be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' written notice to the Owner and the Architect, terminate the Contract. N-2 TERMINATION BY THE OWNER. If the contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his 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 justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the 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 detivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be finai and binding upon ail parties to this contract � 10/11/99 ��.,, SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for "Project Designation Signs." This sign shali be a part of this ConVact and shail be included in the Contractor's Base Bid for the Project. SECTION P TEMPORARY FACILITIES P-1 SCOPE. The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES. All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL. The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless othervvise directed or specified hereunder. P-4 FIELD OFFICES AND SHED. The Contractor shali provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf farge enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the o�ces 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 o�ce: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds, other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Architect. Remove sheds when work is completed, or as directed. P-5 TELEPHONE. The Contractor shall provide and pay for telephone installation and service to the fieid offices described above. Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone- answering device at the site office for the duration of the project. The contractor shali provide a separate telephone line, and instrument for use by the Ciry's field representatives. GC - 20 of 23 :• '�'r1��0 �',� G_'��Ui�'�� '��0�1 ��'GG�� ° G�1� f�o �G'��lo ��o � �� I �" � �' � � � � � P-6 TOILET FACILITIES. The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES. Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor wiil be bilied on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies, etc. will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to aIl points where required. Temporary, electric service shall be of su�cient 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 all trades may be properly and safely performed, in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a socket voitage of at least 110 volts. Use at least 100 watt lamps. In any event, the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING. Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide su�cient 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 su�cient 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 materiais, provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTIQN. E�UIPMENT AND PROTECTION The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Architect, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safery of workmen, Ciry employees, equipment, the public and property. All temporary construction and equipment shall conform to ali regulations, ordinances, laws and other requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Architect and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD. The Contractor shall furnish, install and maintain during the life of the project a weather-tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Architect, in a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shali be removed by him upon completion of the Contract work. The following information which will be furnished by the City to the Contractor, shali be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedu�e of minimum wage rates as required by the Davis-Bacon Act. c. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County, Texas. . 1 GC - 21 of 23 10/11/99 �,�''�� C�G�� G'� GU c'G !'� 0�1 ��L�'r�[�iQ11 ��o � �'�r�o ��{o i� ��I � � � � r�. ►R �� GENERAL CONDITIONS INDEX A A-1 A-2 A-3 A-4 A-5 A-6 A-7 A-8 A-9 A-10 A-11 A-12 A-13 B DEFINITIONS PROCEDURES AND INTERPRETATIONS Contract Documents Entire Agreement Work Execution of the Contract Documents Familiarity with Proposed Work One Unified contract Division of Work Interpretations Copies of Working Drawings and Specifications Minoriry and Women's Business Enterprise Policy Correlation and Intent Age Disability 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-4 Access to Job Site C-5 Progress Inspections C-6 Authority to Stop Work C-7 Substantial Completion Inspection C-8 Right to Audit D CONTRACTOR D-1 Identification D-2 Independent contractor D-3 Subletting D-4 Review of contract Documents D-5 Supervision D-6 �abor 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 �-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 Trench Safety D-22 Cutting and Patching of Wor1c D-23 Cleaning Up D-24 Communications E SUBCONTRACTORS E-1 Definition E-2 Award of Subcontracts E-3 Terms of Subcontracts E-4 Minority and Women's Business Enterprise (M/WBE) E-5 Payments to Sub-Contractors F SEPARATE CONTRACTS F-1 Owner's Right F-2 Mutual Responsibility of Contractors F-3 Cutting and Patching Under Separate Contracts F-4 Owner's Right to Clean Up G G-1 G-2 G-3 G-4 G-5 G-6 G-7 G-8 G-9 G-10 G-11 G-12 G-13 G-14 G-15 G-16 G-17 G-18 G-19 G-20 G-21 G-22 G-23 G-24 G-25 G-26 G-27 G-28 G-29 G-30 G-31 G-32 H MISCELLANEOUS PROVISIONS Conflict of Laws Governing Laws Personal Liability of Public Officials Compliance with Laws Indemnification Successors and Assigns Written Notice Surety Bonds Owner's Right to Carry Out the Work Royalties and Patents Tests Interruptio� of Existing Utilities Services Laying Out Work Measurements Existing Overhead or Underground Work Alignment of Joints in Finish Materiais Integrating Existing Work Hazardous Material Certification Location of Equipment and Piping Overloading Manufacturer's InstruCtion Cleaning Up Dust Control Fire Protection Cutting and Patching Project Closeout Guarantee and Extended Guarantee Y2K Compliance Requirements Record Drawings Construction Fence Product Delivery, Storage, Handling Removal of Salvaged Material CONTRACT TIME H-1 Definitions H-2 Progress and Completion H-3 Delays and Extension of Time H-4 No Damage for Delay I PAYMENTS AND COMPLETION I-1 I-2 � GC - 22 of 23 10/11/99 Contract Sum Schedule of Values - ,��G� GO�� G�� G1D ' I�:��fu1N��ll ' ��o ��'G'�b� ��a : � � � �' L... � . � � � 1 � � 1 � �, I-3 Adjustment of Quantities I-4 Progress Payments 1-5 Certificates for Payment I-6 Payments Withheld I-7 Unresolved Claims I-8 Liquidated Damages I-9 Failure of Payment I-10 Substantial Completion and Final Payment J PROTEGTION OF PERSONS AND PROPERTY .l-1 Safery Precautions and Programs J-2 Safery of Persons and Property J-3 Hard Hats J-4 Emergencies K INSURANCE K-1 Insurance Required K-2 Workers' Compensation Insurance K-3 Liability Insurance K-4 Builder's Risk Insurance K-5 Proof of Insurance K-6 Other Insurance Related Requirements L CHANGES IN THE WORK L.-1 Change Order L-2 Claims for Additional Cost or Time L-3 Overhead Allowance for Changes L-4 Minor Changes in the Work L-5 Field Orders 10/11J99 .. � .. 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 GC - 23 of 23 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 SIGNS TEMPORARY FACILITIES Scope Use of Temporary Facilities Maintenance and Removal Field Offices and Sheds Telephone Toilet Facilities Utilities Heating Temporary Construction, Equipment and Protection Project Bulletin Board VENUE ,�,�� G�i�� E��G°?D �;,,� o ti� �� a�� 6o VU\JICl�UO� �ISU�o �� WEATHER TABLE Month Average {nches of Snow/Ice Days of Rainfall Pellets Rain �, �, I January 7 1.80 1 ,�,. I February 7 2.36 ' March 7 2.54 '` April 8 4.30 0 , I May 8 4.47 0 � June 6 3.05 0 `, July 5 I 1.84 0 � August 5 I 2.26 0 September 7 I 3.15 Q October 5 I 2.68 0 November 6 I 2.03 " � December 6 I 1.82 " IANNUALLY I 77 I 32.30 I 1 I � (1) Mean number of days rainfall, 0.01" or more 9 (2) Average normal precipitation, in inches " (3} Mean number of days 1.0 inch or more d " 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 calcufation 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. 0 u �� Ol�[� �'C��C ��D C��i ��Cf�� ° �� o VVV�4r�UU� IJ�W� � � � r" �, � I� , � � �! 1999 CLASSIFICATION BUILDING & CONSTRUCTION TRADES STANDARD WAGE RATE FOR TARRANT COUNTY HOURLY RATE CLASS[FICATION AIR CONDIT[ONING MECHANIC �11R GONDITIONING MECHANIC HELPER ACOUSTIC CEILING INSTALLER ACOUSTIC CE[L[NG INSTALLER HELPER BRICKLAYER/STONE MASON BRICKLAYER/STONE MASON HELPER C�RPENTER Cr�RPENTER HELPER CONCRETE FINISHER CONCRETE FI�lISHER HELPER CONCRETE FORM BUILDER CONCRETE FORM BUILDER HELPER DRYWALL TAPER DRYWALL TAPER HELPER ELECTRICIAN JOURNEYMAN ELECTRICIAN HELPER ELECTRONIC TECHNiCIAN ELECTRONIC TECHNICIAN HELPER FLOOR LAYER (CARPET) FLOOR LAYER (RESILIENT) FLOOR LAYER HELPER GLAZIER GLAZIER HELPER INSULATOR 1NSULATOR HELPER LABORER COMMON LABOftER SKILLED LATHER LATHER HELPER METAL BUILDING ASSEMBLER METAL BUILDING ASSEMBLER HELPER PAINTER PAINTER HELPER PIPEFITTER PIPEFITTER HELPER S1i.96 5.81 1.i.82 9.79 13.25 9.86 13.00 9.34 12.00 9.44 I 1.59 8.87 11.87 8.25 16.29 10.20 12.86 12.67 13.�8 14.48 8.�6 13.66 9.26 15.89 9.46 7.82 9.66 15.80 11.75 13.34 7.85 I 1.93 8.30 14.33 10.93 HOURLY RATE PLASTERER PLAST�RER HELPER PLUMBER PLUMBER HELPER REINFORCING STEEL SETTER REINFORCING STEEL HELPER ROOFER ROOFER HELPER SHEET METAL WORKER SHEET METAL WORKER HELPER SHEETROCK HANUER SHEETROCK HANGER HELPER SPR[NKLER SYSTEM INSTALLER SPRINKLER SY5TEM INSTALLER HELPER STEEL WORKER STRUCTURAL STEEL WORKER STRUCTURAL HELPER WELDER WELDER HELPER HEAVY EQUIPMBNT OPERATORS EQUIPMENT OPERATORS CONCRETE PUMP OPERATORS CRANE, CLAMSHELL, BACKHOE, DERRICK, D'LINE SHO FORKLLFT OPERATOR FOUNDATION DR1LL OPERATOR FRONT END LOADER OPERATOR TRUCK DRIVER � �f�d� �� '��J ° @ �: �� GG��"� �o ��'��9 ��o 13.29 8.63 16.2b 9.39 11.88 9.18 13.17 7.82 15.87 9.29 12.70 9.71 16.93 7.81 14.66 7.91 14.$7 9.67 14.66 13.30 13.03 1034 11.66 11.60 9.80 � � � Fo�T�URTH 1_�� TEXAS CERTIFICATE OF EXEMPTION I claim un exemption from payment of sales and usc taxes for the purchase of taxable items described below or on the attached order or invoice. � Description of Items ( or an attached order or invoice) To be Purchased: All Items I claim this exemption for the following reason: Name of exemption organiza6on: Citv of Fort Worth � Texas Sales and Use Tax Permit #1-75-6U00528-6 I understand that I wi11 be liablc for payment of sales taz which may become due Cor failure to compty with the provision of the states, city and or metropolitan transit authority sales and use tax laws nnd comptroller rules regarding ezempt purchases. Liability for the tax will be determiae by the price paid for the tazabte items purchased or the fair market rental value tor the period of time use. I understand that it is a misdemeanor to gIve an ezemption certi(icate to the selier tazable items which I know, ut the time o[ purchase, wilt be used in a manner other than that expensed in th[s certificate and tcpon conviction, may be fined up to 5500 per offense. Municipat[Ues are granted taz ezempt status per the Tezas ConstItutiou, AItT 8, Section I. Purchasers: Citv of Fork Warth SLreet Address: 1060 Throckmorton City, State, �ip Code: Fort Worth Texas 76102 Signature�'itle: �� L� Purchasing Manager Date: Plione: Ir" Fax: Tliis certificate does not require a number to be valid. Sales and use taz "exemption numbers" or "t�z ezempt" numbers do not ezist. This certificate should be furnished to the supplier. Do not send the completed certi6cate to the �'' Comptro[ler of Publtc Accounts. i� 1 FINAiVCE DEPARTMENT PURCHASING DIVIS[ON THE CITY OF FORT WORTH * IOOO TNROCKMORTON STREET * FORT WURTH, TEXAS 7610L (817) 871-8360 � Fnx (817j 871-8444 �J��V'�Vir�i!� G'1��u�i%:.�C� � �� c�� Uo UflLIIU:�L�ilUp U�(�/�,�o � �j P�inled on recyGed PROJECT DESiGNATION SiGN 4. 0'. / 3" I 3" I � 4 I I I 1-�r_" i I I ti�� 2_„�� I I I 1-3/4" J I � � �� I I I 2-� rz� i-�rz• I I 1 �„ � � � �-�rr� i � � 1-1/2�� 4�-0,� �, / SIGN IS WFttTE WITN BLUE BOROER ANO LETTERING IN PMS 288. PROJECT TfTLE, CONTRACTOR, BOND AND COMPLETI�N DATE IWFORMATION IS IN HELVETICA. CfTY OF FORT WORTI-{ LOGO !S AVAILABLE !N A VECTOR FORMAT FROM THE CITY OF FORT WORTH REPR�GRAPHICS �EPT. ALL COPY IS IN PNiS 288. i'HE LiNES THA'i COMPOSE THE "STAi2" ARE PMS 167. � � u��GO�,� �'��u�@ � r�� i�'v �1�� f�n � G'��p �C��. � -� �z� � I 1 � �� ._ . , � - .. ,_:,_+. �.-� ,� � - .� —�. � ..^--- Projec� T�t[e Contracior: Con�racfors Name FUNDED BY * � « ,. * * * * * * * * SCHEDULED COMPLETI4N DATE YEAR � J � THE STATE OF TEXAS CITY OF FORT WORTH, TEXAS PROJECT NAME LOCATION CONSTRUCTION CONTRACT KNOW ALL MEN BY THESE PRESENTS: � COUNTY OF TARRANT This agreement made and entered into this the 15th day of February A.D., 2000 , by and Ir' between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and , existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" -� provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular � meeting of the City Council of said city, hereinafter called OWNER, and The Frvmire Companv of the City of Fort Worth County of Tarrant , State of Texas hereinafter called CONTRACTOR. � � WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date � herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: RENOVATION OF DRESSING ROOMS WILL ROGERS AUDITORIUM �" PROJECT NO. TPW99-016 3401 WEST LANCASTER AVE, FORT WORTH That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. �City agrees and binds itself to pay, and the said Contractor agrees to 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 ONE HUNDRED SEVENTY THOUSAND AND NO/100 DOLLARS $170,000.00 and includes the base bid and Alternates 1,2, & 3 . Contractor agrees to complete the project, suitable for occupancy and beneficial use, prior to June 1, 2000. � Insurance Requirements: The Contractor will provide a Certificate of Insurance listing the Transportation and Public Works Department as certificate holder, showing the required General Contractors Liability coverage, Auto Liability, and Builder's Risk. � � �� (��6�c��,� �,C�� D C��i ��[��rG��,1Q�1 f�r ��G��f�� f�'�. � ' � Contractor agrees to require each and every subcontractor who will perform work on the project to � provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. � If this Contract is in excess of $25,000, the Contractor shall provide Payment Bond. If the Contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of � the Contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. 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. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Condi�ons, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. � IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four - counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in five counterparts with its corporate seal attached. � � � � Done in Fort Worth T�, this the 15`h _day of February / + �� . G`ontractor signature BY: G � F'2�M ,.�,. , A.D., 2000 Name /��5 l �tNT Oifice �APPROVAL R COMMENDED: i By. Tran�rtation and Public Works � � APPROVED AS TO FOR AND LEGALITY: By: Assistan ity Attorney APPROVED: By: �', '�` < Assistant City IVlanager RECOR�E . By: ^ .��l.t-�1.� City Secretary 3 - l- C�C� Date � — ! '�/ �' J ( ,�' Cor►tract Ruthorization ,� � � 5 �% �a�� OCaG�� 6°�� °?D ��'1( ��rG�� ° e1`� [�o �G�-ti�IF l�"70 � www Ameri In ur n m an West can s a ce Co p y �� 136 North Third Street, Hamilton, Ohio 45025 OHIO CASUALTT 810U1 � STATUTORY PERFORMANCE BOND PURSUANT TO CHAPTER 2253 of the Texas Government Code °�' KNOW ALL MEN BY THESE PRESENTS: That The Frymire Compan_y �(hereinafter called the Principal), as Principal, and West American Insurance Company, a corporation, with its principal office in the City of Hamilton, Ohio, licensed to do business in the State of Teras and admitted to write bonds, (hereinafter called the Surety), as Surety, are held and firmly bound unto � Cit.y of Fort Worth (hereinafter called die Obligee), as Obligee, in the amount of �"' One Hundred Seventy Thousand Four Hundred and No/100 Dollars ($170,400.00 for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. �" WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the �15th day of February , 2000 for Renovations of Dressin� Rooms-Will Ro�ers Auditorium-Pro.ject No. TPW99-016, 3401 West Lancaster, Ft. Worth, Tx I�" which contract is hereby referred to and made a part hereof as fully and to the same e�ctent as if copied at length herein. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, tliat if the said Principal shall faithfully perform the work in accordance with the plans, specifications and contract documents, then this obligation shall be null and void, othenvise to remain in full force and effect. � PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of ihe Texas Government Code �and all liabilities on this bond shall be determined in accordance with the provisions, conditions and limitations of said Chapter to the same extent as if it were copied at length herein. IIY WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this 15th � Witness �"I day of February (If individual or firm) Attest: . � (I orporation) � � 5-4401 (2/99) �i � , 2000 The Frymire Cgmp�+� By. �,� � �'�2,ifij . �C� 0 est Afa rican nsur � By: � David C: O�ford Seal Principal Attorney-in-Fact ��O�GO�:� Gt:��c'D ��; ��'U'' �"�� G�� 4 __�o _ ��,�a��[�r � www �irv� �OHIO CASUAtTT 6ROUP � West American Insurance Company 136 North Third Street, Hamilton, Ohio 45025 STATUTORY PAYMENT BOND PURSUANT TO CHAPTER 2253 of the Texas Government Code � KNOW ALL MEN BY THESE PRESENTS: That The Frymire Company (hereinafter called the Principal), as Principal, and West American Insurance Company, a corporation, with its principal office in the City � of Hamilton, Ohio, licensed to do business in the State of Texas and admitted to write bonds, (hereinafter called the Surety), as Surety, are held and firmly bound unto �, Cit,y of Fort Worth (hereinafter called the Obligee), as Obligee, in the amount of �One Hundred Seventy Thousand Four Hundred and No/100 Dollars ($170,400.00 for d�e payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. � WHEREAS, the Principal has entered into a certain contract with the Obligee, dated the �, 15th day of February , 2000 for Renovations of Dressing Rooms-Will RoQers Auditorium-Pro.iect No. TPW99-016, 3401 West Lancaster, F� Worth, Ta which contract is hereby referred to and made a part hereof as fully and to the same extent as if copied at length herein. � NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall promptly make �payments to all claimants as defined in Chapter 22�3 of the Texas Government Code, then this obligation shall be null and void, othenvise to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to the provisions of Chapter 2253 of the Texas Government Code � and all liabilities on this bond shall be determined in accordance with the provisions, condi[ions and limitations of said Chapter to the same ' extent as if it were copied at length herein. i.. 15th � Witness: day of February (If individual or firm) ttest: By: (If co ration) � —j S-4400 (2/1/99) �r+ ' IN WITNESS WHEREOF, the said Principal and Surety have signed and sealed this instrument this By: 2000 The Frymire Comp�p �� / �//� 1—/l�� • . (Seal) Principal Attorney-in-Fact UU��1�:� �l��U°�� 1 ��'G�� ° �� VCI'WJI��'I'lllln Il�e � C L�l �r..zlu-lr.v �ur z �r rvwtic vr ,�►i lvx.�r z TF� OF�O C.�SUALTY INSUIL4YCE C011�A,YY A,1gRICA,Y FIRE & CASUALIY C011�A1YY WES'T AMERICAiY IIYSURAi�iCE C011�ANY lYa 34-06•l Know AU Men by Thess Praaanta: Il�at'Ii� OHIO CASUAI.TY INSIJR1Nf:E COMP.4NY �nd .+11�RIC: u'�f F7RE 3 GSUA(,Ty COMpANY, each aa p}�a Corpontion4 +nd WES'P AMF1tICAN 1NSURANCE COMPANY m indiuu Carporatian, ia p�a�uanee of authodty grsntcd by �4ticle Vi, Seetion 7 of the By-Law� af'Ihe Ohio �'•-••try fana�nca Campany and rlmerican Fin dt Casualty Company md ARicia VI, Seetioa 1 of Wnt Ameriraa Icu�aanca Company, do hasby nomi:utr� con+titute and appainc David C. Ozford, Steve Ricicenbacher, Heiea Zook, Rudolph Norria, Clinton Norris or Rebecca S. Thacicer otDalla�, Teza' �� true md h�rfut agent (�) and atmmey (�}in-fie� m auke, acecute, �eai and ddiva fa aad on ih beluif n aaety, �nd �s ib act and deed any aad all BONDS, UNDERTAKIIYGS, and RECOG�ANCES, not exceeding in any ungte inataace FIF"TEEN MILLION (515�000�000.00� DOLI.ARS, czcludiag, howeti,Q, �y y�d�� or undafa(ciag(a) guarancecin8 the paymrnt of notn md internt thaeon �!! Aad the cxecutian of wcfi bonds a vade:takinga in p�uance of theaa �ts, �hatl be a binding upon �aid Compuun, ar Rilly and amply, m all iataih and purpo�a, aa if thry had beea duly acecuted aad aclmowledged by tho segularly eleeted a�caa of tha Campanin at their admioiatrative o$ica in Hamiltan, Ohio, m their owc p�er penons .�.. 'Ihe autbarity granted hem�ndQ aupaseda my peevious authority hessmfoie graated the abova auned attomey(a}in-6ei � � In WI'iNESS WF�REOF, the undenigaed offica of the said 'Ihe Ohio Gamlty tiu�asnca Coa�pany, AmQicaa Fus � Caaw(ty Cortcpany and War .4maicaa Luueance Company has hasunm sub�ibed hia name and a�xed the Carpoate Sui of ucf� Company this 24tt1 day of May,1999. � u�,�� - w�� c SEAL . �lEAL� :�9BaL�; _ l�R...� ��=^ti�Z. \ � +,��/i r - .S1I[1 UMRCSCC� /�13111LiRL VICC P1CS1dQ1L STA'IE OF OHIO, � COUMY OF BUiI.ER Qn thi+ 24t�1 day of �'i�j�, 1999 b�coR s�� ,�a�it� a Notary Public of tha State of Ohio, ia md for th� Ca�mry of Butla, duly coeamiyioned md quali6ed, eame Sam Lawea�ce, Aviaunt Vice P:nideat of TF� OHIO G'�SUALTY INSUR�DICE COMPANY, AMERIC.aN FiRE 3 C�ISUALTY COMPA.�fI' aad WEST AMERIC.��I INSiJRANCE COMPANY. tn me pe:�onaily Irnown m be the individual and offiea docribed ia, and wfio ezecuscd the pcsecdiag iasutmieat, md lu sclmoaiedged the ueeution of the aame, md being by me duly swora deQoaeth aad saitl� that he u the o&ca of the Campanio sfa�vaid, �ad thst the r�la a�ued m the psseeding inatnmme�i us the Corpoate Seals of �aid Compania, and the said Cocpar�te Scab md hia aigtuuas as afficrr w�s duly a�ued and wbaaibcd to the aaid iamim�a�t by the autharity md d'usction of the uid 1�. Comoradoaa. L: I � C IN TESTLbtONY WF�.T2EOF, I hsve hctzunto xt my hand aad a�zed my Qffiei�l Seal at the City af Hsmilton, State af Ohio, the day and yesr fim abwe writtrn. ��4 ; .��. ��r� � �� Notuy Pubiic ia snd far Co�mry af Butle, Stste of ohio Mv Ca+renivian omitv Seotember 2.�,. 2002. 'Ii�is powe of atsot:try ia granted imda �nd by autharity of �ltticie VI, Seesion 7 of the By-Law� of The ahio C�ualty lnuuance Campany md ,+�merican Fuz g Cssualty Campany and .�lrticle VI, Sxsien 1 of Wat Amaicaa In�uta�ce Compmy, uaacta frcm wfiich �ad: A�sicie v� S«tion 7. aP?QII�ri:��VT OF ATTOR.�rEYs-L�1-FACP, ETC. "Ihe cluirmaa of the boud, the praidrnt, any vicr-gtuidrn4 the xastary or any as�uant ttcsury af cacls of thoe Companie ahail be and is hceby vated with fiill powc u�d suthoriry to appoiat attemcya-in-fact for the pvipaae of �i�g the name of the Campania as �"! n�ct}' m, and to ececute, attach thc cotparate xa(, scSmowledge ind dciiva any and all banda, tuo�izancra, etipuiatiana, imdertakiaga ar othe instrsuaeati of nazsy�hip and poiicia of i:ss�a�ance to be givrn in fivor af any individwl, firm, carparatian, or the afficiai :cgroeautive thazo� or m sny wunry or �tate, or aay afficial boud ar boud+ of co�mcy or �tate, or the United Staca af Amcrics, or w aay othc politic�l �ubdiviaion." Articie VI, Seetion 1. APPOIIJ'I1�N'1' OF RESIDENI' OFFICERS. "The Chaitman of the Hoard, the P:vidrnt, any Vice Prciidrnt, a Seeeury or any Aviaunt Sccres.vy �ha11 ba utd is hczzby vated with fiill power and aushority w appoint atLomeya ia fact for the p�apa�e of �i�ing the name af the corparatian as naesy ar guarsacor, snd m �execute, atLtch the catporate xa1, aclrnowledge md deliver my and all bonds, teca�tiunca, stiQulatimu, imdertsking� ar othc insc�vmrnt� of s�asiy-ehip or guarantee, md poiicia of uuuraaee m be givrn in fivor of an individwl, fian, corparstion, or the officul isgcesrnutive the:ea� or tn any coimty or �tste, or my o�cial board or board� af any county or rtate, or the United Statn of Amcrica, or tn usy athc politicll �ubdiviwioa^ 'Iiw inswmcat u�igned aad x�led by faaimile � autharized by the Following Rcwlution adopted by the isspective direcsnn of the Compuun (sdapted Vfay 27, 1970-The Ohio �Gaualty Ias�aance Company, adoptad AQril 24, 1980-Wnt Ameticaa Ltnaaace ComQany, �dopted Vfay 21, 1995-Acneric.�ct Fus R C.uuaiN Catapany): "RESOLVED ttut the �ignatsscs of any afficer of the Company authacized hy the By-i.awe m appoint atiomeya ia facL the �i�saaas of the Scassary ot uiy :lvutvit Snseury catifying ta the cor:ccsne� of anY capY af a power af atLomey md the seal of the Compaay may 6e affixcd by ficaimile tn any pawer of at2omey vr coQy thusaf is�ued on b�half of tha Company. Sach sigmuuo and xal ue hereby adopted by the Company a origiaal ugnahasa and xal, to be valid and biading u�oa thc Compaey with the aame foxce �rsnd effxi a though a+anmllv affixed." .. . CFRTIFICATE I, the �mdaaigted Ayivani Vice Pcs�idrnt of lise Ohio Casualty kLturance Company, American Fuc � Gsualty Company md Wot Amaic�n Inwrnce Campmy, do hasby ��Y �� f�3oiag powc of attnmry, the tefecsnced By-L.awa of the Campania and the abave Raolution of their Boud� af Ditecsms ue hve md wrtzci copia md aie in full fot�e and e@'x! on thia date. 1N WCI', IESS WF�REOF, I have hetnmm xt my haad uid the xala of the Compania thi� 15TH �y of � „u:.+wr,. �;, . �,,.,, �....., ;" ` �'�i�.`:. ;� �, sewt,`` ?�s�a��o d SEAL� /' .� y.�..�/s Y � + G� ��i"V QQ �� C � FEBRIIARY /i ��T f i'1��/ Assistant Vice Presideat 2000 �(��OC�� 1�� 0� ��rG� � °17 �� . _�'G'�i�.� �,��e,� _ . . .. .._.. _ _. . . _ _ _ _ , _ _ :: .. . ;: �� ; ! � � CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW � Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor, The �"; Frvmire Comnanv, certifies that it provides worker's compensation insurance � coverage for all of its employees employed on City of Fort Worth project number, � C192 - 020192004001 BY � � � � �%2'�J t Cry j Title �,/��/o� STATE OF TEXAS COUNTY OF TARRANT A Y�r � .�J � Date BEFORE ME, the undersigned autharity, on this day personally appeared � . �, . �✓ �� i P'�. , known to me to be the person whose name is subscribed to the foregoing instrument, and acicnowledged to me that he executed the same as the act and deed of � � !Yt 1 I'' Q� / , for the purposes an considerations therein exp�essed and in the capacity therein stated. ..�,� ��,I,�1,�,�;,11�,Y.,�.�:I,� AND SEAL OF OFFICE this �� day of ` 2� � , �> .., � � If�EL u � g_ :, �: _ f�fotary I'u lic, State of Texa� � /L.[ R';;,,;; .;, �, � rv�y Commission Exp 06-03-2fi02 `�g otary Pu lic in and for th ate of Texas �CYJO�CC�JJC)c)C�?(xO�JQUQU'�OpO W GOC��; a";� � (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the � project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perforn� work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. � 0 � u ��aC�OQ,� G'[�� °�D � �0�( ��G�[��°��( �o UV�J C��uup ��' W City of �'ort �'orth, �Texas� ��.�r And � o�n�il� . � � �r�rt�nun�c��ean� C �. DATE REFERENCE NUMBER LOG�NAiv1E PAGE 2/15/00 ,**C-17856 20FRY 2 of 2 SUBJECT , �APPROPRIATION ORDINANCE AND AWARD` OF CONSTRUCTION CONTRACfi TO' � � • FRYMIRE COMPANY FOR THE DRESSING R�OM RENOVATION AT THE WILL ROGERS MEMORIAL I�UDITORIUM � ' Three alternates were: Alternate 1: Install floor tile; paint the basement corridor Alternate 2: = Install portable orchestra pit filler system Alternate� 3: �� Install� carpet tile in R�oom B03 ,,. Frymire Company is''�i compliance with the City's M/WBE Ordinance by committing to 24°/a M/WBE participation. The City's goal on this project is 23%. . The architect reviewed the bids and qualifications of the apparent low bidder, and recommended award of contract to the Frymire Company. The Will Rogers Auditorium is located in COUNCIL DISTRICT 7. , FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that upon approval of the abnve recommendation�s, and adoption of the attached appropriation ordinance, funds will be available in� the current capital budget, as appropriated, of the:�Public Events Im'prpvement Fund. MG:j � �' , Submitted for City Manageris I FUND • Office by: (tb) � � 1) C192 Mike Groomer• 6140 2) C192 Originating Department Head: 2) C192 � Hugo Malanga 7801 I (from) - 3) C192 Additional Information Contact: 1) GG04 , � Hugo Malanga , , 7801 � I ACCOUNT I CENTER I AMOUNT 4720n4 025192004001 $310,000.00 472004 025192004001 $310,000.00 541600 020192004001 $310,000.00 541600 020192004001 538070 0252000 $170,000.00 , $310,000.00 � / CITY SECRETARY � il'� � FEB� �15 ?000 ;�� 17�'tu4a/ - Cfer Sict�at�cq ot t,*.o Clt�-ot Fort Wo3th, "'�a, srt Adopted Ordinance Na. I �.5 City of Fort Worth, Texas �11�A�ar A11d C,aunc�i( Can��nun�cA�ian DATE REFERENCE NUMBER LOG NAME PAGE 2/15/00 **C-17856 20FRY 1 of 2 SUBJECT APPROPRIATION ORDINANCE AND AWARD OF CONSTRUCTION CONTRACT TO FRYMIRE COMPANY FOR THE DRESSING ROOM RENOVATION AT THE WILL ROGERS MEMORIAL AUDITORIUM RECOMMENDATION: It is recommended that the City Council: 1. Approve the transfer of $310,000 from the Culture and Tourism Fund to the Public Events Improvement Fund for fund the renovation of the Will Rogers Memorial Center auditorium; and 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations by $310,000 in the Public Events Improvement Fund from available funds; and 3. Approve the award of a construction contract to Frymire Company for renovations to the existing dressing rooms in the Will Rogers Auditorium, including Alternates 1 through 3, for $170,000 to be completed by June 1, 2000. DISCUSSION: The Will Rogers Auditorium is over 60 years old, and has insufficient dressing room accommodations for many theatrical events. With the removal of the JFK Theatre at the Fort Worth Convention Center in March, 2000, the Will Rogers Auditorium will be the only municipally-operated performing arts theatre. Renovated and expanded dressing rooms at the Will Rogers Auditorium are imperative to accommodate traveling touring shows; such as the prestigious annual Miss Texas Scholarship Pageant, and a diversity of other events, some of which were historically performed at the JFK Theatre. Funds for the renovation are made available from Capital Improvement funds, as appropriated, for the renovation of the auditorium at Will Rogers Memorial Center, and supplemental appropriations from unallocated occupancy-use tax from the Fort Worth Convention and Visitors Bureau Reserves. Bid documents were prepared by FRS Design Group. The project was advertised in the Fort Worth Commercial Recorder January 6 and 13, 2000. On February 3, 2000 the following bids were received: Bidder FNmire Company Phoenix f Restoration Tom Stephens, Inc. Triple R General Contractors New World Industries McWilliams Enterprises Keck and Company Creative 4 Construction Management Prime Construction Woodrose Company Base Bid $149,000 157,440 157,513 158,000 173,821 189,457 190,000 193,775 197.770 214,083 Alt. #1 $ 5.700 12,000 4,575 1,200 2,985 6,893 7,875 18,000 1,400 6,191 Alt. #2 $14.700 16,000 18,815 16,052 15,300 21,600 16,823 26,000 18,000 18,162 Alt. #3 1 000 1,000 2,614 1,792 1,500 1,200 1,520 2,300 1,100 1,109