The URL can be used to link to this page

Home My WebLink AboutContract 30012 ;ITY SECRETARY OMM ()NTRACT NO. SWI �� COWACYOR THE CITY OF FORT WORTH, TEXAS V"-'CONiRAC10R'S 1101ONG C ---.- ,CffY SECRETARY CRY MANAGER'S OFFICE 1442-44 N. Main St. B161NEERING DN. TPW2004-1 Ift-FUECofr ROSELAND THEATER ANNEX FORTWORTH 06_01_ 04P01 :25 RCVD MIKE MONCRIEF GARY JACKSON MAYOR CITY MANAGER Robert Goode, P.E. Director, Transportation and Public Works Kirk Slaughter Public Events � .;mss` ..,v-s� T?T.- -:..•'' . .-,,. t z. RORVLAND THF.ATF.R Arthur Weinman Architects January 2004 dal AL PDF created with FinePrint pdfFactory Pro trial version htt ://www. dffacto .co City of Fort Worth, Texas Mayor and Council Communication DATE: Tuesday, April 27, 2004 LOG NAME: 20MODERN REFERENCE NO.: C-20049 SUBJECT: Award of Construction Contract to Modern Contractors, Inc. for Construction of the Roseland Theater Annex, 1442 N. Main, To Serve as Rehearsal, Office and Dressing Room Space RECOMMENDATION: It is recommended that the City Council: Authorize the City Manager to execute a Construction Contract with Modem Contractors, Inc. in the amount of $415,000 for a 4,500 square foot addition to the Roseland Theater to serve as additional dressing room, office and rehearsal space. DISCUSSION: The renovation of the historic Roseland/Marine Theater was completed in 2001. Additional space is required for the theater to function as a community performance theater. On January 14, 2003 (M&C C- 19427), the City Council authorized the award of a design contract with Arthur Weinman Architects to provide a 4,500 square foot addition to the existing theater. BID ADVERTISEMENT-The project was advertised in the Commercial Recorder on January 8 and 15, 2004. On January 29, 2004, the following bids were received. The low bidder withdrew from the project on January 30, 2004. BIDDERS TOTAL BID CALENDAR DAYS MEGA Contractors, Inc. $356,995 120 Modern Contractors, Inc. $415,000 180 -' Ed Parker, Inc. $422,900 145 Webb General Contractors, Inc. $457,000 210 AUI Contractors, LP $465,000 180 Stillwell Building Systems, Inc. $467,000 200 Westland Construction, Inc. $477,500 200 Vortex Construction G.P., Inc. $499,000 140 Tywell Construction Corporation $515,000 203 Falkenberg Construction Co., Inc. $533,000 224 Coronado Builders, Ltd. $549,000 180 SLS Johnson Construction, Ltd. $560,350 180 Pecos Construction, Ltd. $627,000 200 PROJECT BUDGET- The funds for contingency and overhead have previously been appropriated in the current year CDBG grant. The project construction budget includes $415,000 construction bid, $38,000 contingency, and City overhead of$9,000 for a total of$462,000. M/WBE - Modem Contractors, Inc. is in compliance with the City's M/WBE OME to 25% M/WBE participation. The City's goal on this project is 23%.FISCAL INFORMATION/CERTIFICATION:The Finance Director certifies that $255,000 of the $415,000 required for constthe current operating budget, as appropriated, of the Grants Fund. However, the remaining $160,000 of required funds will be available contingent upon the City receiving a new CDBG grant from HUD effective *� June 1, 2004. TO Fund/Account/Centers FROM Fund/Account/Centers GR76 541200 002206929160 $160,000.00 GR76 541200 020206704010 $145,000.00 GR76 541200 002206845160 $110,000.00 Submitted for City Manager's Office by: Marc Ott(8476) Originating Department Head: Robert Goode (7804) Additional Information Contact: Robert Goode (7804) ARTHURWEINMAN A R C H I T E C T ROSELAND THEATER ANNEX ADDENDUM NO. 2 1.23.04 All of the following noted Addendum items shall be included in the pricing of the above referenced project and shall be included as part of the final Contract for Construction. Please note revisions on the following drawing sheets: A-1.0 Site Plan -gas service, telephone service sleeve added A-5.1 North exterior masonry wall elevation - additional information A-6.1 Glazing details added Please note the following additions and changes to the scope of worts: 1. The painted wood window stool, glazing and trim is called out in detail additions 15, 16, and 17 on sheet A-6.1 added to the above noted sheets. 2. There is no FRP shown or specified anywhere in this project. The note in section 13/A-4.1 calling for FRP shall be DELETED. 3. Contractor is responsible for including full cost of all brick masonry and all cast stone masonry in his bid price. There is no brick masonry cost allowance and no cast stone masonry cost allowance in this project. 4. The Floor Finish Plan 3/A-5.1, as shown on Addendum No. 1, is scaled 1/16" = V-0" 5. The Detail Plan for Toilet and Dressing Rooms 1/A-4.1 is scaled 3/8" = V-0". The scale noted on the title is incorrect. 6. Wood shelves as noted in elevations and in shelf detail 12/A-4.1 shall be painted, as defined in the Specifications Section 09900— Painting. 7. The shelf detail 12/A-4.1 shows a 1-3/8" diameter wood hanger rod for clothes in the dressing rooms. This wood hanger rod shall be unifinished. 8. Signage for the building provided by the General Contractor includes only the Restroom signs. All other signage will be furnished and installed by the City or Tenant after the project is completed. 9. The Annex building is separated from the adjoining theater building by an existing two hour fire rated wall with new fire rated doors and frames included in 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 817-737-0977 817-737-2203 fax --- aweinman n swbell.net www.weinmanarchitects.com 77- PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com ARTHURWEINMAN A R C H I T E C T this project:--The_.occupancies in the Annex do NOT require a fine-a-I armsystem or fire sprinkler system 10. The definition of hollow metal door frames includes both welded, prefabricated frames as well as knock-down frames. Knock-down frames are available only for limited fire ratings. The Contractor shall use welded frames for all rated exterior doors and for all interior doors with two hour fire ratings. All other frames, whether one hour rated or not, may be either knock-down or welded frame types. If door frames proposed are welded hollow metal, paint match frame to the door. If the frames proposed are knock-down, furnish factory"Dark Brown" or "Black Brown" color. 11. The Karastan carpet specified in Addendum No. 1 supersedes any reference to Mannington carpets, now deleted. 12. There currently is no Pavement Marking shown in the project. We shall retain this Specifications Section in the event a need arises for this Section as a Change Order during the construction process. 13. An existing 4 inch PVC sewer line currently connects the second floor toilet room in the front second floor of the existing Roseland Theater building to the existing sanitary sewer in the alley. This service will remain. Contractor shall replace'this existing PVC sewer line with a new 4" cast iron sewer line under all new construction. The replacement 4" cast iron pipe will service all plumbing fixtures in the new Annex building as well as continue serving the existing second floor toilet room in the existing building. We do not know the exact depth of the existing sanitary sewer service. If your plumbing contractor wishes, there are at least three cleanouts he can check to determine the depth and slope. 14. The natural gas main is located on the west side of the alley (Mercado) under the sidewalk. The minimum connection fee shall cover the cost of gas service to the new Annex. The City of Fort Worth will arrange and pay for the new gas service tap. 15. The contract shall include pointing, repairing and replacing, as required, all distressed brick in the north elevation of the existing Roseland Theater building, # as specifically defined in Addendum No. 1. See drawings noted above included in this Addendum No. 2 for further definition of this work. o 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 817-737-0977 817-737-2203 fax aweinmangswbell.net www.weinTnanarchitects.com PDF created with Fine Print pdf Factory Pro trial version http://www.pdffactorY com ARTHURWEINMAN " A R C H I T E C T ---�6____Electnc service; as called for ori the-drawings, shall-be undergroundfrom_fffe__ service pole to the building. Overhead service is not an acceptable alternate. 17. A 2 inch diameter sealed PVC sleeve for telephone service shall be installed underground with the electric service. 18. All electric panels and switch gear have been specified as manufactured by Square "D". All roofing has been specified as manufactured by Intec. 19. Door No. 11 shall be revised to specify Overhead Door 620 Series, for security purposes. Install with Series 620 angle frame welded to the steel channel opening frame shown on drawings. Door, frame and installation shall be certified by the manufacturer to have 90 mph wind load rating. Furnish door with manual chain hoist, interior bottom bar slide lock, chain keeper lock, rubber hood baffle, jamb weather strips, vinyl bottom seal, 18 ga. F-265 slats, galvanized steel prime painted interior and exteriorwith all surfaces field painted by Contractor. Paint interior hood, ends, angle frame, steel channels, slats, and all other exposed painted items with correct type paint finish color SW 1945 "Ambergris. Paint exterior angle frame, steel channels, slats and all other exposed items with correct type paint finish, color SW 2168 "Barnstable Brown". Delete references to Overhead Door 610 Series and features unique to that series of doors from the Specifications and Drawings. 20. All plywood wainscot shall be 3/4 inch thickness painted plywood. Revise reference on Sections 7 and 8/A-6.1 to calf for 3/4 inch painted plywood wainscot. Delete all references to other thicknesses. 21. Contractor shall arrange his own-lay down areas, traffic lanes, loading and unloading areas for this project. The City of Fort Worth can make the vacant lot at 1417 Commerce available to the General Contractor as a storage and facilities area during the construction period. There will be no City fees to the Contractor for rental of parking spaces immediately in front of the Annex property on North Main. 22. Wiring for relocated electrical panels on the stage shall be under the wood raised stage floor. An adequate and accessible crawl space exists under the stage for performing this work. 23. The sound system junction box on the north exterior wall of the stage is fed by two each 3/4 inch diameter conduits from below the stage floor. The microphone 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 817-737-0977 817-737-2203 fax aweinmanaa.swbell.net www.weinmanarchitects.com PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com ARTHURWEINMAN A R C H I T E C T jack board also at the location shall be moved with the junction box to t�rear— east wall of the stage. What appears to be a surface mounted electrical or microphone feed from the junction box up to the attic shall also be moved with the junction box. The sound system was installed by SPL Electronics, Inc. at 214-348-9000. The General Contractor shall provide a $5,000 allowance in his bid for moving and rewiring the sound system junction box and related equipment. The General Contractor is responsible for contacting the sub-contractor to provide this part of the project, is responsible for coordinating all of the work involved and is responsible for reconnecting and verifying the correct operation of all sound and electrical equipment involved in this portion of the project. 24. All city water and city sanitary sewer fees and taps shall be provided by the City of Fort Worth. 25. Sheet E-3, General Notes, item no. 1, shall read as follows: 1. Data Outlets— Provide 3/4 inch conduit for all service locations from back box all the way to the telephone board. Provide pull boxes at all changes of direction. Provide pull cord in each conduit with 2"washer tied to both ends of pull cord to secure it in conduit. Label both ends of each pull cord. Delete all other text for this note currently found on drawing sheet E-3. 26. All building permit fees and trade permit fees are waived. Contractor shall coordinate securing all trade permits. 27. The grades for building levels, slopes and flooring shown on the Floor Plan 1/A- 1.2 and details 8 and 9 of A-2.1 are correct and are based on an elevation survey conducted by City of Fort Worth staff. All grades shall be field verified by the General Contractor before forms are placed or final grading commenced. rSheet S-2.1, Foundation-Plan shall be revised to indicate the arrow on this particular ramp in the opposite direction, which would conform with other details shown in the Structural drawings. Submitted by, Arthur Weinman, A.I.A. AWW:es I, Enclosures: Revised Drawing Sheets A-1.0, A-5.1, A-6.1 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 817-737-0977 817-737-2203 fax s aweinman&wbell.net www.weinmanarciiitects.com PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.corn ARTHURWEINMAN +� ARC HITEC TS , _-�- --ROSErAND7HEAT-ERSANNEX- -- ADDENDUM NO. 2- SUPPLEMENT 1.23.04 Please note revisions on the following drawing sheet: A7.1 Window schedule Please note the following changes to the scope of work. 1. Window schedule changed to accommodate details added on sheet A6.1. NOTE: This is a supplement to Addendum 2 list. Please refer to Addendum 2 document for remainder of changes and additions. 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 817-737-0977 817-737-2203 fax www.weinmanarchitects PDF created with pdfFactory trial version www.pdffactory.com � i �| � « | l .� | 'ev � . � it - � / - - - - - - - VA § � R. � - � | X § �■ . � . rm ■ , PIN � >NI . ---- ----.= --- . �! - —-- . - - , ROSELAND THEATER ANNEX A£I£2£ , LINMAN / F416�11 142 NomM&NSmET �CAW� �am�� y � �RTWRm. T . _ ] , — i(i�!4�{'i1{E�1'i!1i1{i!1i'�1�'1111G'111I1.i?I'1F 9�{'r{'i{111�i11ry1i{ilii i�i ®� "1�•�ci'i'i�Iilililiii1M11`I!1{ iii i�11i1ii1i1�111 • Ifi51{1i'{101i'Bili iii{{'{'{iii{1{�IIIAIIII lllllll:l„,i_.91�1111��IIPi1!i!flj!1!111{pi: 1■■;�■,�1 L.. � �� 4iP11111.ltiiliill , ";!!;1li!'': il 1■■�■■�■I _ _ �� a11i� �',G1i l'i��! II■iEl■■■■1' • • •- I.■p�■■■I ill logo 11111'1 IIIIY1i1111111'I:11'11'ly'�'I'i111'1111 11111'1111,^I111bi1i I�r�liliil � ,i7PiJ�■■�1 �� 6 II'111611111:14'Ih'I'111:1�I'I�'11'I:I'1'Ix'1111{11111'1!1111'I'I';�1'I'1:11'Ih'11'I:11.111; 1:1�111x,11461'1111'f 11.1,111 11111.11'1'1 1'1'1':'1'111 i Illi.111111.,11�1:11111�41111.1J1' ��/�� • • • ,�� 1:111 IP,llhcl'hy.,l/hfr,1,1,�,11hEI,yh.1111,1.1,III:a,11fy1pt:Ih tGllh'rl'1'411kt'r 1■ii■■■■1 � , �i lei'i1i6 y�1li{11i'ix{il{i1{1{'Cl{iliil 4ililyliialli IIl■iii iii6 ' a■`■■■,■■1I —�� '�' iil',ili�' 1111b?Il�.iid'i', )1'1'11yi111911''1.1'14ri5'61111{'"'i1i'ii'{'i'''''ii i$� i■iq:.■■■1 ��■■■■�� 1:1Y1'Y! '''11111'"<Ill'14' -1,11111:1'Ii1111i1'11111'''I'1'1'I 1111 dla'1811,11:11,1 II■iW—Am■1 • • r1i,■■,il•�� • iii 1'111,,'•'1;1 i'i'i'! ili i�'��i'ili5�li ilili�ail{'ia�1,11i'ai�iiii!�i i'i�'i'il'ii'�' � y ,� • ■■■■■�!{, ,1�� C11'PI 1'1'1"!111{ ':11111�11i41'1'I'1'j'I 1''1114'1'1'(t'R'':14'11:1'111:1'111h't111a l' ► '�_� -li■e I:111'1'1'I'111 1'1' d:11'111-X1111111111;11111811141:'11111 J�p'1i11911!1:!11111:111 j�. 9■i■■1!1 I7it ' {Eiiilc{lit{l�i i�11!41:'111,1; ;111{1e{`��i1i1 i1{�i��{1111 i41'�i111 yg1�Ei'Ih'�'i � ��<rl��li■F Cli/h!il!I!IJlldn!.��!,' .:14'16:'1'Iha44''111,I,,,i4C• i 11,11...111, 411 �II■�I.Jiic � 1111111]fl�ilii��lilili�ii(�Il.:i� 'i�ili'iiii�i�'i'��ili 11:44111_ '��l ::1'id Il' I �wi��}■7M■i■i■C'„I 11�'61{i!i'i1�{i4 '.,,li• !{'i'i1?iii{'{'i'i'i{'i1{ •'1�i1i ,li�i�{{1d • �■■■■` .1.,. 1111A 1111�;.F 111'11,114111111{,1�41,1r,1,1,1; :1'IE .:l'11G:411 ©,=��.1��• ,_) 1'x111:r1�1:.��irrGyvycl�hha4hrd44:1114r.4h4a14r. I r�,l: 1'110:'14 �� - - !9'Ix�'.0 1'Ix1'I'lh•1111''11'11111 Ix1i411:1111,1:I,1,11:111111:• :{'111' �'1!L:'I'1 11111,1;1 h:Pl l'I':'I'I'1:1'I'II�"111:1'I{Ihih'CI'I'111111'L'Ih11L' !,11{,61!1 I;L,.11;1111 IAlllll:l'(J'IP.144�111'1:1'111'1'1'1'EIII'14'1'1'1:111'1111'1''11111!'1'1'C1111G1111111111r.141 • ''�!'I'11�1LI1111:Ilhll:111!lllll'I:I11�11:111111:i4i'111�:'11111�Ill'1:1111i111111E111117111 �� lit ]it iili�{x111{c{'i 1'hld�?illi,11111{1I'i 111'1 1:11�I:f IL'11111�11'1'Clh'll� CIII I'i IhICI'1'1'�I'I'I!I1III''�1�,!II]i1114h111111:I11h�'I'11 1:111.11:11111 1'11'1'ill'l11'1111111'11'I�1',4'I'I 11111 II{I 1'Ih';11'1!1'I'1':911'I:I'I'1"111 - JI'11K61i'1i 61i1i1i��iili:i !liiiililiil4iGlili ri-! ii'iili4iili$1 - 11�11PIII'lC1l�l'111111'��11111151'111111i:111{11111111;11111 1111111 :•111111161 111111111 ,A CI11 I l rl !.1 HER ©D I:I115 h di!t',;i!1!1!!;l!1!4:Ilt;l�llllllii Illi ll/t1fmom .11i111111111a11111i161'IhNl1�l ■!■E 19�','11111'111:-'111"1 '14"I'141,1:'111�11'1'''111'1'I''I�'I'11'111111:11M1:,I11 ■1■■it ■ el`91x4111r- �IL Ill'I'I lil'11111111111111'1x11'1'1111111111�1'I 1111'111'1 1'111'1'1'1 ,• --� � - -- ---- cc r. •• �1�1 X11 1Ir•111;.1:111'{111':'11{'i{1{1{':'i'{Ii{'i1{x'i'{!i{1114;1111�111111a1111�1111 - � It ty,,,,p• :II�C1114:1'l4l•!1!IhiI111.4111,;i1464'1'IIIr44'1'1'Ih'11I111,.i41 1��1 .1,1.1 III Y. :11r 1:111111:111111: IEII�11!!fI'1 I'I!I:IIIIII:III'�:•1!'Ir11111:11,11111111;,111,. r � � � I I�G111'16i1 :4111:1111'1:141 I:�IIIh"`III':11'IY!!1'11:��::II1111'11111rt11111111'I'144' - �IE1111i1'lllilll':!111�'�':'�1'1 I'I'rl 11':'1'111:1'.'1%'1'I 111'1'I'1'I'I'81'14'14'I'11144' ' :�J1). • :SC,1.11111,, 1.111,11.,111.,;I.Id,.,1,111.111111.11,I,IA1411'1111I' - - lilll�l,lllllll�l�il11i11111111i95::1x,1 11:-x!141 II:II,In 111111:.111''1'1'1'1''11:11'1'1'1"11 • �- 111111111 II'111111111111111111�-=0:1:11,{1111:• ;I{1141..::111'I'�ILJ111:111I1r.1'I 111:11'I'I'I'MI1 'I 1111111,1111111',111,111111111,1 ��:�J!1 i': I i'{': :�'illllllll�11�111:1i'i'I:i'i1i':'i'i1i r. I.I!1!1!I!1!I!I!t!81!I!I!I!1l1i1i• �4 1.' :ti'1''TTTfffYY'YYY'I'1'I':'1'1'I:IIIII':'I'Ih:lhhhh4'1 - 1:199"1'1'19'1'1':1'1.1�:? •11.-� •11,IIL :11,1,1.1,1,11.,I,11.11'1'I:I"Ihh'111 „I 6{IY':e l,:..I.11':'Ih'l'.11',CI. ::1111114111,IIIIIN,1,1,:,1,1L 111E,111,L1,1 I, i - 11 I Y�FY 1111'141 .1111:1'1'1'''111'111'1'11''1'1{I.1'111Y1I'1119441:4t11 � • IA1111Y1"y1611111'„'iiii'1111 I'1• 11'I'1'11111111111:111!I!11111111111t�111111111111 11111 ► - iiliih x1'1'1'! 1i`!ilii'i'i: 'i1i rilix'i!!itili'i6'Str'{1x11 x111'14111 - 1:1111111111111• '11 1111111' 1111111111111111'1111•::1.li11'111'li X111111:11111111111 r• _ 1:111'1!17'1i11111•� 111 111111 1'111:1'1'1:'111'1'I'll. '111116111`If11111f{1'1'1:1'1'11 - li'{I'iailil 11111;1• i$!ililii11 i'''i�1'111 ljil'1 $1�{I�ildil�it {11111 �� {.I iI.I It.III '11111 I11�111 I II11 1 1111'11 11 I ' 1:1'14':'111614'1':•.:111 :1,1111,1,111:'I 14.1'1'1!!1'11:1,Y11'1'I'I�l11:'I'I'1:1'I'I':1'1'1 I= I:1'I'14111'I:I1111': :111 1,111,:11111L'11411.111111.Iltill,l��1,1111:1i1111.111111.111111.11'I'I�i � r• 19441h1d61�44': 9'i AI'1yh�11141ed1'r.144'?i'i'1:I,Ii 1!141:944''444x441?1449' I 1=�' 1:1'1 1x'111'1.1'1'1'' :1111�'11111,1111141111111�11111111p11111:111111 j1111111111111111111111111 � ►• 1.1= 191'14'1 1'1:111"' ••'I' 11'1111111'1'''1'11,1141 444;1,1h911111111t,11111111111 4'111.1' -- 1:14441i41,�11110 :1111 ,1,11.,1,111:111,11.111,1:11'111:1'11141411111,1i411114:11111:1111:1' �_ Q I:1'll'11111'1111111111!1 1111'1'1'1 IA111'1'I'1'11111'1'1'1111111'1':'I'1'I I'11x11'1111'111'1'I �� x14 111.�J,�, 1111 111.111 1 111. �,,��1611!1!iili}J:111111:11 r� 4!!61,41r1�•1'1�i1,p,L4 !,Ir,l,l�ctlldlnutd�1'l'�.':S.A a _- ICII II.IIL'IILII1;1 I1.111J41;ll.fall:lll'Itl�l . ' �'I'C14'Ik11'11111'111'111'I'1'1111114'6144:111111:114:111.1111'111,�1.11111111111:111111�11 M114'91141.11,1,'1'x11!:'1:111'{''11111',441.11'd,A411''hh4a!,',r441a4119 � '''1418,1''JI'111111'11141.1,1,11�',111.1'111911111t111,11:1111,1a{111•1141111111911111:111111:1 I:''I'1;11`CI11,1:111''11111 11911 11,1,11191'1'14111,0{1111:�1y1:111 ,11111:11111,:1111,1:11 •. — 194,11:1 1''111'IN 1'1''1 II! 1'I'''I'I'81'lll'111411:1114':11'811:x!61/�.I,I,CI,f11,:i41,1111 61'11. 1:1 I I.I I I9A. 1191 1.111.111.111,111.f'I 1:1p!'^I 11:114:'1'1':4 - . 11.11. .A1a.11 1.111. 1.111)11 I I .111.1 11 L- 11.111.111.111.111.: .1..1.111.111.1 ,, LI 11.1 0111.11 n11.,11.111.1 ®� I:Ipl11:',�1:111!11.�ii9I11111: 111'�11111i411.11'1�9,1111Ai'i111i:11i':�YA11I'liwyY''1 I'11'1'i _C — 1 I!!141111lSI'1i1!111i11111111111'111 FI ILll�ll��1!11 Illllllll'1'I i1111'111!I'1:111111��I�111111 C I:fIY�711II:i11'1"11119144: 41' '1'1'1'1'''1'1'1'111'1'''I'11,•,111,1.,I1�yL.,441J144.144111 � 'I 1�Il{�111114��11'i!11;1111:1 11.'I I'11141'I'11111111:11'11111'I:'1'lllll'1'1'1'111:11111�1 111141,.11,1,1.'1'I'rs.:11411:1 1.�11CI'1'Ih1144:1'1'1':'1'1'1:1441:11'111:1'II11:11'1'L'I'lll{:'I ►. 1111r 1111,;11111:,:11'1111�1'f.111,1,y1,111:1111'1'll'111:111'll:il'11111;IIh1Y1111iEh i x111116'' ►. +_ _ ' 11i111:111x11'I 11:•J!11111�11 111'I'11'1'Ix1'1'1111 1'1'11'101'111�111111111111A11111J11111 II �� 1:1,111.11,1,61'1,1,. :1,111,.11 I:111,1L11,1,1.111,4.11,1,1.111,1,.14111.11411.,111,1.111111.14111:11 i= - 11111'1'I'1111'I'I�111'1:11111191�!1 I!111x111'Ill'r1'11111111111:1111111111r1''I'I'11'11111'111111 . 19411,M1141,1 11111111111114 '1�111ri1i1i 11'1i i1i11111'111yj 1i�11111.� i lililiiliilil 1x11,1,:,J.;h 1.111 1111. .1 111111 x11 I I'1 I: I 111 111111 I'1.,., I . :::vI'81 II ;�: .� - - � "�'� ------------- ------------ 111 d � p r l�= ite ra 1, is 1" ------------- - 1 n ------ n i• ,1 ar Fes: v zR �_ pI R! •P �� a � �Y S� 1-- of n" � a �i WWI n8". ��a d � � \ E ■� r:" g fir „ ��f� � I.Y.,i{mf■flFl,A ORL fTf<L n Asa��Ea E �aMMMM +� D 1 q n 4 ;;;;I— all FA GFGF JT siR� ata a^ iR� a o Rr¢ : E4n�p 4 is $ £ -� �E194�� 1;lq3�a� r.<■c mrf f,f■A Tun.nflicr. r ��• g ea �� - a . l ° INf I I f PPIImilk dd �g�� r � � I.<NL m1■OO A Off.IIitCL 1 1 'D P 1 I 5 I f f I c I I ROSELAND THEATER ANNEX ARTHURWEIl MAN rO 1442 NORTH MAIN STREET A R c H i T E c T s I I I I 1�oz. ""CAW foR�A unt ?; FORT WORTH, TX "',,,f." �,o,.WM xi 'H.L80M 1803 ppr o ±r" rt wwx xwor,xww,r„o, tQ Un'ate ao,41r7.... I I I I I S Q I 133815 Nlb'YV H180N Z�'Vl Y` I�I�Y�II�II�MtI11H.L� X3NNV 831V3H1 4NV13SO8 's I AF HIM i 4 tljtiF IF 11 F fig � � . . -Qr Qr �P� ¢cgs aeP o' f _7 n a 7- L 6 QL g ? diltkLL YfibbYb��bYs��: F5 5 5 p i— y � @� i W •�:::�r,w ti�Q w w t.S C C � I /f i�� ! ■�'p$s W I LLJ 4m N 3 6 6 `g v a- . 34 �� 1 S Off I 112 aa6B43b6e6� Q~ : �Y aizkq i 3E p i \ gig gG w ® 3 F� ; aj q b q � tm90 n � #ii91 1 f�l� �ll @ € °:s qgg i x � a / c�1 =i cbf 118 j _ T • aa � o :l ;1 ' S � R ti—t ttb01 fin film a I I � ?• g y Q T ................ �x-d Il fall. d III Him; 01 HiM 1. s } Y Re 0 _ a aid s � sad .1a Idl i A-i ee�g{ S^-S� s 5�5 fi�6^^Sn ■ � 55 b b .p CL AP con - Lk \\ VD7 sed s�4 ARTHURWEINMAN A R C H I T E C T ROSELAND THEATER ANNEX ADDENDUM NO. 1 1.16.04 All of the following noted Addendum items shall be included in the pricing of the above referenced project and shall be included as part of the final Contract for Construction. Please note revisions on the following drawing sheets: A-1.0 Site Plan A-2.1 Floor plan, finish schedule and detail plan revisions A-5.1 North exterior masonry wall elevation, mortar joint, door#14 wall location elevation, and chair rail termination details added to sheet A-7.1 Door paint finishes Please note the following additions to the scope of work: 1. Repair, restore and point existing north elevation brick wall of existing building, full height and width. Follow noted elevation and detail on sheet A-5.1 and added Specifications Section 04200 —Masonry Repointing and Repair. All existing brick that are missing must be replaced with common brick of matching color, as specified. All existing brick that have deteriorated must be replaced with common brick of matching color, as specified. Three clips that were used to hold a sewer vent pipe, one steel pin, one lag bolt, and a number of nails shall be removed and the holes filled. The diagonal crack near the west Main Street end of the wall shall be repaired with mortar. The two old door pivot hinges and an old lamp base in this wall shall remain. The roofing tar and composition shingle debris on the wall near North Main shall be removed by hand scraping as close as possible to the surface of existing brick with a putty knife. Remaining surface tar after scraping shall be allowed to remain on the wall, subject to Architect's approval. If the brick coursing has been damaged where the concrete flume was poured next to the building in prior work, brick shall be floated flush with grout extending from the new concrete floor to the top of the uppermost damaged course. New D'Hannis "Terra Cotta" (available from Chambers Brick) smooth solid paving brick are specified for repair and replacement as they are a reasonable match to the existing common brick in size and color. 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 817-737-0977 817-737-2203 fax aweinman(awbell.net www.weinmanarchitects.com ( I ji , PDF created with pdfFactory trial version www.pdffactory.com ARTHURWEINMAN A R C H I T E C T 2. Brick veneer selected for the new north, east and west elevations of the new Annex shall be ACME, "MGL Velour Modular", from plant EBP-635, Product #288880121, including 60% - 240, 30% - 241, and 10% - 245. Brick shall be laid with standard 8" by 8" coursing, common bond, cove mortar joint per detail shown on Sheet A-5.1. Grout color shall be gray with gold sand, subject to Architect's approval of finished, cured sample as part of sample panel. 3. The existing ceramic floor the in Passage Room No. 9 shall remain. (Delete requirement for removal and replacement with new carpet.) Repairs may be required at the new door#13 to be cut into the north wall of that room. Ceramic the used for the existing finish floor in Passage Room No. 9 is Dal-Tile, "Dal- Keystones" ceramic mosaic the 2"x2", color"White Granite" #D037. This material is currently available for any repair work required. Match existing grout with Polyblend Color#190 "Bay Leaf'. This will allow tile flooring to remain in place, repairing only what is disturbed at the new door#13 to be cut into the north wall of the room. Install a new marble flush threshold (1/2 inch maximum rise) at the edge of the ceramic tile to carpet on the new Annex door#13 face. 4. Sheet carpet shall be installed at the entry platform, step and ramp at the transition from the above noted door#13 into the.new Annex. Sheet carpet shall also be required, per finish schedule, for both Reception #1 and Office #2. Carpet shall be Karastan "Riva", color 6316 "Straight", 42 oz. nylon pile weight, direct-glued application. 5. The new exit door#14 from the Theater#10 to the new Annex building, Rehearsal and Exhibit Area #3 will cut through an existing wood painted chair rail as well as acoustic treatment on the north wall of the theater. A detail for the termination of the chair rail, as well as cutting and re-fabrication of the fabric covered acoustical panels has been added to the document set on sheet A-5.1. The concrete floor where damaged at this new door shall be painted to match existing, color per Architect's approval. 6. Doors #3, 4, 5, 6 and 9 shall be painted SW-1945 "Ambergris" on both sides, the same color as the walls. K-D frames shall remain pre-finished specified "Dark Brown". 7. Doors #7 and 8 in the new Annex building shall be painted SW-1945 "Ambergris" on one side and SW-7010 "White Duck" on the toilet room side. K-D frames shall remain pre-finished specified "Dark Brown". 8. Doors #10 and 14 doors, frames and trim shall be painted SW-1945 "Ambergris" on both sides, the same color as the walls. 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116 817-737-0977 8177737-2203 fax aweinmanr swbell.net www.weinmanarchitects.com PDF created with pdfFactory trial version www.pdffactoN.com ARTHURWEINMAN A R C H I T E C T 9. Door#12, frame and trim shall be painted SWA 945 "Ambergris" on the interior, and painted SW-2168 "Barnstable Brown" on the interior face. Paint divide at frame shall be on the inside corner of the exterior stop. 10. All wall paint finishes noted for Reception #1, Office #2, Rehearsal & Exhibit#3, Theatrical Set#4, Dressing #5, and Dressing #6 (delete the Vanillin color noted) shall add SW-1945 "Ambergris" color. Toilet#7 and Toilet #8 shall remain SW- 7010 "White Duck". 11. The wood base in Passage No. 9 and Theater No. 10 shall be painted SWA 113 "Raffia Basket". 12. The window frame and trim in Passage No. 9 and chair rail in Theater No. 10 shall be painted SW-2259 "Dense Forest". 13. Flexible base shall be changed (delete color Black) and add Roppe color#P-193, "Black-Brown". The VCT color remains unchanged. 14. All new metal stair and ramp handrails in the Annex shall be painted SW-2259 "Dense Forest". New and existing exterior guard-rails at the west elevation, and on the north and east elevations shall be painted SW-2259 "Dense Forest". Submitted by, Arthur Weinman, A.I.A. AWW:es Enclosures: Revised Drawing Sheets A-1.0, A-2.1, A-5.1, A-7.1 Specifications Section 04200 —Masonry Repointing and Repair 6777 Camp Bowie Boulevard Suite 339 Fort Worth Texas 76116SLT. 817-737-0977 817-737-2203 fax „f aweinmannq.swbell.net www.weinmanarchitects.com W PDF created with pdfFactory trial version www.pdffactory.com SECTION 04200 — MASONRY REPOINTING AND REPAIR GENERAL: RELATED DOCUMENTS: The General Conditions and General Requirements Sections of the Specifications apply to this Section. DESCRIPTION OF WORK: Removal of existing mortar between existing brick; removal of damaged, degraded, chipped, spalled, or otherwise unacceptable existing brick; and replacement of any all removed or missing existing brick. Removal of all existing mortar where shown on elevations and drawings; and replacement of all removed and missing mortar, tinted to match existing, in existing brick wall of adjacent historic building. Cleaning portion of repaired masonry wall for interior exposure. RELATED WORK SPECIFIED ELSEWHERE: Section 04250 — Brick Masonry Section 04300— Cast Stone Masonry Section 07453— Flashing, Sheet Metal and Trim Coordinate all repointing and repair work with other new masonry work on the project, with masonry cleaning and with installation of reglet flashing, sheet metal and trim. SUBMITTALS: Submit printed verification to the Architect that the raw mortar materials meet the required ASTM testing requirements. If alternate Jahns mortars are selected, submit manufacturer's MSDS sheets to Architect for verification and record. Submit sub-contractor's verifications of experience and references to Architect for approval. See "TEST AND SAMPLE AREA" of this specifications section for verification of sub- contractor,qualifications for this project. QUALITY CONTROL: Testing Laboratory shall visit site and take compression testing samples from material on the scaffold. These samples shall be taken on alternate days of work. Provide results of testing to Owner and Architect for their examination. Refer to specifications section on Quality Control. Roseland Theater Annex j Arth r W hiniar, ' Addendum No. 1 Ja uaryr 6 004 PDF created with pdfFactory trial version www.pdffactory.com SUB-CONTRACTOR VERIFICATION OF EXPERIENCE: The sub-contractor for masonry repointing and repair work shall have a minimum of three years business experience, under the same name, for this work. Sub-contractor shall have at least four similar restoration repointing and repair projects as references within the last three years. References, including local project location that the Architect can examine if needed, client contact and phone number shall be provided to the Architect for verification and confirmation. TEST AND SAMPLE AREA: Sub-contractor shall perform masonry mortar removal and other preparatory work, and repointing operations on a test area defined by the Architect. This shall be to verify the effectiveness and acceptability to the Architect of the preparatory work, and the quality and techniques of repointing proposed for the project. After the Architect defines the example area, sub-contractor shall remove this area of mortar to the required depth per the specifications, remove damaged brick, and otherwise prepare the area for repointing installation. Then the sub-contractor shall repoint this area with color of mortar and aggregate to match existing, tooling the area to match existing work and as shown on drawings. Contractor shall notify the Architect when the work sample is complete for examination and for approval by Architect. If the Architect approves the work, the sub-contractor is approved for the project and the quality of work and color of mortar approved shall be matched for the balance of the project. If the Architect does not approve the quality of work and / or the color of mortar, if required by the Architect, the General Contractor shall replace the sub-contractor with a more qualified firm. The replacement sub-contractor shall provide remedial work in the same test and sample area previously designated as inadequate, and shall be subject to the same approval process. This process shall be repeated until a qualified sub-contractor has been engaged. After the sample has been approved, all subsequent work at the project shall match or exceed the quality of work at the test and sample area in a seamless manner, so that the area defined for the test is indistinguishable from the balance of work on the project. REFERENCES: "Preservation Briefs: No. 2 — Repointing Mortar Joints in Historic Buildings"; published by the U.S. Department of the Interior, Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402. Roseland Theater Annex Arthur Weinman,Architects Addendum No. 1 January 16,2004 PDF created with pdfFactory trial version www.pdffactory.ccm "Electronic Technical Notes on Brick Construction", "Technical Notes #7, Moisture Resistance of Brick Masonry Maintenance"; published by the Brick Industry Assn., 11490 Commerce Park Drive, Reston, Va. 20191-1525. TEMPERATURE OF INSTALLATION: Mortar installation shall take place when wall temperatures are between 40 degrees F. and rising, or 95 degrees F. and falling. This will help to prevent freezing of the mortar, or excessive evaporation of water from the mortar. If freezing temperatures are forecast for later in the day, the coming evening or following morning, or at any time within 24 hours of when mortar installation may be anticipated, no mortar shall be installed. MATERIALS: BRICK: Brick for repair and replacement work in existing masonry shall be D'Hannis "Terra Cotta" (available from Chambers Brick) smooth solid paving brick. MORTAR: Contractor shall work with the Architect to determine the correct mortar mix design for repointing mortar. Masonry repointing and repair in historic buildings is part of historic preservation work. It is important for the General Contractor and his Sub-Contractors to: New repointing mortar installation shall match historic mortar in color, texture, aggregate, and detailing. Install repointing and repair mortar that is as soft as, or softer than (measured in compressive strength) the existing brick masonry. The aggregate used historically was not screened or graded as today. Consideration shall be given to obtaining brick sand from several sources and mixing them, to approximate the colors and larger grain sizes in the existing mortar. The aggregate mix used for the repointing mortar shall duplicate as closely as possible the sand mix found in the existing work. High lime content Type "N" mortar shall be used for repointing. Mortar shall have 750 psi compressive strength. The normal ratio for this type of mortar shall be 1 part Portland cement; to 1 part Type "S" Hydrated Lime; to 4-1/2 to 6 parts aggregate. To match the existing mortar color, white Portland Cement may be required for th,& - Roseland Theater Annex 3 Arthur Weinman,Architects Addendum No. 1 January 16,2004,_ PDF created with pdfFactory trial version www.pdffactoN.com 1. City of Fort Worth tap water exclusively shall be used for the project. 2. Lime — Type II, non-staining fully hydrated lime specifically for masonry purposes, meeting ASTM-C207 requirements. (Use of slaked and soaked quicklime is not required.) 3. Portland Cement — White or Gray, as required for color, Type II, non-staining Portland Cement, meeting ASTM-C150 requirements. Cement supplier shall supply analysis of proposed Portland Cements. Cements shall riot have more than 0.60% (six tenths of one percent) alkali to aid in avoiding efflorescence. 4. Aggregate — Sand color, size mix and texture to match existing, conforming with ASTM-C144 requirements, clean and dry, as close as possible to existing color to allow color match without pigments. ALTERNATE. Jahn M110 Historic Pointing Mortar, as carried by Cathedral Stone Products, Inc., color matched to the project and with matching color aggregate, of correct type and compressive strength, is an acceptable alternate to job-mixed repointing mortar. Installation shall be according to this specification section, with installation only by masonry repointing installers trained and certified by the manufacturer, and according to all written instructions furnished and supplied by Cathedral Stone Products, Inc. JOB SITE MORTAR MIX: ' Mortar mix at the site shall be designed by the mason, after completing the above analysis, consistent with the following: Mortar design shall commence with 1 part lime to 2 parts aggregate. A maximum of 20 percent of the total volume of the mortar, lime may be substituted for white Portland Cement for workability and color. Additional Cement cannot be added as it will make the mortar too hard for pointing. For .parapet capstones only, a harder mortar consisting of 6 parts aggregate, 3 k parts lime, and two parts White Portland Cement may be more desirable for both color and for additional strength required at this location. EXECUTION: INSPECTION: Roseland Theater Annex 4 Arthur Weinman,Architects Addendum No. 1 January 16,2004 PDF created with pdfFactory trial version www.pdffactory.com The masonry repointing and repair sub-contractor shall examine all substrates and conditions under which the work will be performed and notify the General Contractor in writing of conditions detrimental to the proper and timely completion of the work. The sub-contractor shall not proceed with repointing and repair work until unsatisfactory conditions are corrected in a manner acceptable to the sub-contractor. JOINT PREPARATION: rRemove old mortar to a depth in the wall of 1-1/4 inch maximum, 1" minimum from the outside face of the brick to ensure adequate bond and to prevent mortar "pop-outs". Any loose or disintegrated mortar found deeper in the joint shall also be removed and the joint repointed to this greater depth found. Power equipment such as carbide, diamond or other abrasive blade circular masonry rsaws may be used only for removal of continuous horizontal coursing joints. All vertical joints between bricks, running between horizontal coursing joints, shall be removed by hand, with hand held chisel and hammer, or by pneumatic hammer and chisel designed specifically for this work. Chisel width shall never exceed 3/4 the width of the mortar joint (5/16 inch width). Power masonry saws shall NEVER saw into brick. PP Power masonry saws, when used to aid horizontal masonry joint removal, shall not be taken within four inches of a continuous vertical masonry unit or surface ending the joint. Remove mortar from the brick joints cleanly, leaving square corners at the back of the joi nt. Before repointing with new mortar, rinse all cleaned mortar joints with a jet of fresh water to remove all loose particles and dust, and to pre-moisten masonry to receive new 1P mortar. As mortar joints are repointed, the brick masonry shall be damp- but with no standing rwater. MORTAR PREPARATION: Measure mortar ingredients dry according to the approved test mixture. Thoroughly mix dry all mortar ingredients. Add half of the required water, followed by mixing for approximately five minutes. Add remaining water in small portions, mixing as added, until mortar is of the desired consistency. Total volume of water will vary from batch to batch, depending upon weather conditions. Roseland Theater Annex 5 Arthur Weinman,Architects Addendum No. 1 January 16,2004 PDF created with odfFactory trial version www.pdffactory.com All mortar shall be used within 30 minutes of preparation. Re-tempering of mortar, or adding more water and mixing after the initial mix has been prepared and the mortar has begun to set up, is NOT PERMITTED. Do not add modern chemical additives to the mortar. Anti-freeze compounds, air entraining compounds, or bonding agents are not desirable in any way for repointing historic masonry work. FILLING THE JOINTS: Fill the deepest joints first, compacting mortar in several layers. Fill the back of the.joint by applying about 1/4 inch of mortar, packed well into the corners. After it has reached thumb print hardness, apply a second 1/4 inch layer and compact. It is important to allow each layer to reach the thumb print hardness before further application. Most mortar shrinkage occurs during the hardening process; layering like this minimizes overall shrinkage and keeps the integrity of the repointed joint full depth. Layering of mortar in all mortar joints, in approximate 1/4 inch layers as described above, shall be performed for all repointing mortar joints at the project. Rate of hardening, particularly in the summer, can be controlled by moistening the masonry and the old solid mortar remaining at the base of the joint. Free water or excessive dampness must be avoided as too much water delays tooling and causes excessive shrinkage. Not enough water causes the brick to absorb water from the mortar, and decreases bond strength. When the outside surface layer of mortar is thumb print hard, the joint shall be tooled to match the historic tooling pattern found in the existing mortar joints, and as called for on the drawings. These shall also match the design and pattern previously approved as part of the Test and Sample Area. Proper timing of tooling is important. If tooled too soft, the color will be lighter than approved, and hairline cracks may occur. If tooled too late, the mortar may have dark streaks (tool burning) and good closure of the edges of the mortar to the brick will not occur. After tooling, it is necessary to brush the edge of the joints with a bristle brush to remove excess mortar. Artificial "ageing" of mortar is not required, and is an undesirable process. If mortars and aggregate are properly color matched, the best treatment is to allow mortar to age naturally. Final matching often takes several seasons. REPOINTING CLEANING: Roseland Theater Annex 6 Arthur Weinman,Architects Addendum No. 1 January 16,2004 PDF created with pdfFactory trial version www.pdffactory.com If repointing work is carefully and properly performed, little mortar repointing cleaning will be required, other than the fallen mortar brushed from the edges of joints after tooling. Any further mortar repointing cleaning shall be accomplished with wood or steel paddles, plain water, and bristle brushes. MURIATIC ACID SHALL NEVER BE USED FOR FINAL CLEANING OF OLD MASONRY AFTER REPOINTING AND REPAIR. WATER OVER 250 PSI PRESSURE SHALL NEVER BE USED FOR CLEANING OF OLD MASONRY AFTER REPOINTING AND REPAIR. \New mortar is soft, even after it has set, and is subject to damage until it can fully harden. The final hardening process takes a minimum of 30 days after tooling. CLEANING WALL FOR INTERIOR EXPOSURE: Wall surface to be exposed on interior of building shall be washed with low pressure water and non-ionic detergent, using organic bristle brushes. This work may.be best accomplished after repointing and repair are complete, and after new concrete work has been completed. Final brick exposed on interior of Annex shall be cleaned and free of dust and deleterious material. Final brick exposed on interior of Annex shall be bare existing brick wall. This historic brick shall not be waxed, painted, varnished, have sealer, or any other coating or material applied to it. NOTE TO OWNER: Good and properly performed ,masonry repointing and repair work will last between 75 and 100 years. Good and properly performed masonry repointing and repair work will not damage or prematurely age existing historic brick masonry. END OF SECTION Roseland Theater Annex 7 ArthurWeinmah,Architects' Addendum No. 1 January 16,2004 3 PDF created with pdfFactory trial version www.pdffactor\/.com � / \ LIN \ Al n�m � ld . . i , � i �\ . - �71SN»n �UaNz##L � • ` Y 33 23 3� XgNNV »3 VgH gN99gS0@ ` ` � § §, � �■ | �|k _ �! _ . k ■ . m \ . $ | | | OEI �\ . @�--- -------- - - - - - -/- �! , �. . . Qk ■ � � . ■ a �|� | {| . � � � 'Xl 'RUJOM l aoA snas-exi-u. rii[LbL=L-LN a a VIII a ssNc naY li.o�iaoi•sa aln-oto nor A1n,... s i o 3 i i H o a r 1332LLS NI'dW H180N Z"l I�I�+'NII�II�AA 2if1H.L2I� X3NNV �J31V3Hi 4Nd-13S0�1 jf� ;! Mill FM 4 a 0of 1 PQY LL rr �kb ■ J 53 b } S� a Q§ } bin c 8a � t; + se 8� O o R 0a i1 ; a —J a LL n Y N f N i F CL F � 9 f .. Q L AiF I 4 r Q_ y7s� � N� aHIng pill � " R i X2i1 a7 r - �, er i ' l O IL I �u 12 vO ... J s aapp t+ n I I I' —i,,, n• b Yes Si S 9 a C } w ON MOON - b PON .r eim-�"'" xl 'HLaoM l8o3 s i a 3 i i H3 a r 13381S NI`dYl H180N Z44L .•' u�NINI�M2il1H.L2I�7 X3NNV N3iV3Hl GNV-13MJ �10. LL W® 3 in Ral � Rt I _ �� R '•i � ��! ase I � d F •_ 1 7 ■bLLLLJ \ _ ' auj LLJ 3� : .g a ... -! •noen li.v,n.A au.1-.0 I ! •d : ... .. - O Op 0G: �■ ■bE ,� �E O O O aLL C' ~ � F ZZ LL u yjT yy J � ♦ b J � � O O — -� Vy g _ xl 'H1aoM AOJ Iq 1�41 S tYT 1UGM 3 1 L!!H 3 NRO=={f M E I IJ11 s1 .7 3 1 i H � a r 133M1S Nlyy4 H1MON Ztitil s X3NNd 2OiV3H1 aNd�3SO2l "Ail Hid e q e X X �_ p YME8 LL ll I I I I fffff i f I - - *rr�LLI i F 4 4 Li �g L H W 22 � fl 'ow Z 8. I g a3aa �a : n EY t3 t t b � � I •��x�i � i7_i � i_� �p w $ At a �. a o I � f � � y: g Ng 3r< '. w LU I I i a a Q S j ill lE�dMul if 11 € � a E�E I I A. f rE UZ — LL le dill ................ wllg@ �' Him h pill 19 HIM 10 J- LL y3 LL1 Q 40 Ul M #80j d` Mo gag 251 4I n`'il ml a t r 5uji 1 gg -,�Q b w a; ' Op J p0. p p ss LL " } QI .F=_z QI - p z 4,1 -x gas ies NOTICE TO BIDDERS Sealed bids for Roseland Theater Annex, 1442-44 N. Main St., Fort Worth, will be received at the r Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, January 29, 2004 and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. A Pre-Bid Conference will be held at Tuesday, January 20, at the Roseland/Marine Theater, 1440 N. Main St. The Project consists of 4550 square foot single story new building adjacent to the existing theater. The construction consists of brick veneer on metal stud with slab on grade. Site work will be minimal. Estimated construction cost is$370,000. The MWBE Goal for this project is 23%. Contact the MWBE office (871-6104) to obtain lists of certified subcontractors and suppliers. Bidders must submit a bid bond with their proposal. Contractors will be required to post Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. Any Contract awarded under this Notice to Bidders will be partly funded under a grant from the Department of Housing and Urban Development. Neither the Government of the United States nor any of it's departments, agencies or employees is or will be a party to this Notice to Bidders or any resulting contract. The bidding documents may be viewed and printed on-line. Passwords and instructions are available by R` contacting the Architectural Services Section,Mike.mathews(Mfortworthaov.org. Bidding documents have also been provided to the following Plan Houses: For additional information contact the Project Architect,Arthur Weinman, (817)737-0977. Advertisement: January 8 January 15 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com TABLE OF CONTENTS NOTICE TO BIDDERS TABLE OF CONTENTS INSTRUCTIONS TO BIDDERS SPECIAL INSTRUCTION FOR BIDDERS (M/WBE) PROPOSAL CERTIFICATIONS HUD PROJECTS GENERAL CONDITIONS WEATHER TABLE FEDERAL WAGE RATES HUD ENCLOSURES 1. REQUIRED FORMS AND DUE DATES 2. PRE-CONSTRUCTION CONFERENCE AND MINUTES (FORM) 3. FEDERALLY FUNDED PROJECTS REQUIREMENTS TECHNICAL SPECIFICATIONS See Plans CONTRACT PERFORMANCE BOND PAYMENT BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS'COMPENSATION LAW IF PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com INSTRUCTIONS TO BIDDERS 1. PROPOSAL REQUIREMENTS: The following requirements are considered in judging the responsiveness of a Proposal: • Use the Proposal Form provided in the Project Manual. • Entries on the Proposal Form may be handwritten or typed • Write in contract duration if not specified • Acknowledge all addenda on the Proposal Form • Have a Principal sign the Proposal • Enclose a bid deposit of 5%. This can be in the form of a cashiers check or standard bid bond. Personal checks are not acceptable. Note Project Name on the check or bid bond 1� 2. MINORITYMOMENS BUSINESS ENTERPRISE(M/WBE) P If your bid is in excess of $25,000, the MWBE Program applies, and you have five City business days following the bid date to prepare and submit your M/WBE Plan. Early submittal is encouraged. Be aware that if you elect to provide documentation of a Good Faith Effort you will have to accomplish each and every action in the Special Instructions to Bidders, Minority and Women Business Enterprises Specifications, included in this Project Manual. In order to meet all the requirements for a Good Faith Effort you will have to start at least two weeks before the Bid date. The lowest responsive, responsible, bidder meeting the M/WBE requirements will be recommended for award. Information concerning participation of Minority and Women's Business Enterprises is not required r for Projects less than $25,000. All purchases from M/WBE suppliers, second tier subcontractors and second tier suppliers may be included in M/WBE contribution toward meeting the goal. The Bidder shall submit the M/WBE UTILIZATION FORM, PRIME CONTRACTOR WAIVER FORM and/or the GOOD FAITH EFFORT FORM ("Documentation") as appropriate. The Documentation must be received no later than 5:00 P.M. five (5) City business days after the bid opening date. The Bidder shall obtain a receipt from the appropriate employee of the managing department to whom delivery was made. Such receipt shall be evidence that the City received the documentation. Successful Bidder will be required to submit co-signed letters of intent or executed agreements with all M/WBE subcontractors and suppliers prior to receiving a Notice to Proceed. 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the bid submitted. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being consid- ered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids, unless the Bidder agrees to an extension. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the _ surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com In order for a surety to be acceptable to the City, (1) the name of the surety shall be included on the current U. S. Treasury List of Acceptable Sureties (Circular 870), or(2) the surety must have capital and surplus equal to ten times the amount of the bond. The surety must be licensed to do business in the state of Texas. The amount of the bond shall not exceed the amount shown on the Treasury list or one- tenth of the total capital and surplus. If reinsurance is required,the company writing the reinsurance must be authorized,accredited or trusteed to do business in Texas. No sureties will be accepted by the City which are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Contractor to that effect and the contractor shall immediately provide a new surety to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. If the contract is in excess of$25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$100,000,a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-BID SITE INVESTIGATION: Prior to filing a bid, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy himself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements. R 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the 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, Facilities Management Division, 319 West Tenth Street, Fort Worth, TX 76102, within five business days subsequent to bid opening (Normally Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work r and in meeting City contract requirements: MinorityMomen'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 Y 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: PDF created with FinePrint pdfFactory Pro trial version http:/http://www.pdffacto�.com 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. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. The Contractor will include all remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. CONTRACT DURATION: Time is of the essence. City will evaluate the bids based upon construction cost and stated bid period of time for construction. Where the Bidder proposes time, the City will evaluate the City's program needs in determining the acceptability of the proposed contract duration. The City reserves the right to award the contract upon those terms considered by the City to be in its best interests. 16. PLAN DEPOSIT: The City will deposit plan deposit checks to its account six weeks following receipt of bids. Plans must be returned by all except the apparent low bidder prior to that time. Contractors forfeit their plan deposit after that time. 17. ADJUSTMENT OF QUANTITIES: Where unit prices and estimated quantities are used to compute the contract amount, the Owner may increase the quantities by an amount that is 20% of the total cost for that section. Unit prices for adjustments to unit quantities in excess to 20% may be negotiated at the request of either party. 18. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment. OQOoo PDF created with FinePrint pdfFactory Pro trial version htto:/Iwww.pdffactory.com I DERN ONTRACTORS One u/tkc,tihxlern C'r�r�»ice 131 E.Exchange Ave.Suite 107 PROPOSAL Fort Worth,Texas 76106 T0: MR. GARY JACKSON CITY MANAGER CITY OF FORT WORTH, TEXAS FOR: ROSELAND THEATER ANNEX TPW2004-1 1442-44 NORTH MAIN ST. Pursuant to the foregoing "Notice to Bidders," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds$25,000.00, furnish Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS 100 Total Bid $ r ✓ V rThe undersigned agrees to complete the Work within �y calendar days after the date of Notice to Proceed. VP The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400(Fort Worth City Code Section 13A-21 through 13A-29). Residency of Bidders: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in'order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. U Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. Ll Non-resident vendors in (give state), are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Vexas. k PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 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 S rety Bond for the faithful performance of this contact. The attached deposit check in the sum of IS0 Dollars-($_ is to become the property of the City of Fort Worth, Texas, or the attached Bid ees Bond is to be forfeited in the event the contract and bond are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of$25,000) • I am aware that I must submit information the Director,Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be RESPONSIVE. Respectfully submitted, COMP7 Name otkl � By: - Sign ure k va- Printed Name of Princip I / Title Address: /?I E Street C4 Zip Phone: Fax: ,/7 Z �t7 `7 Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No. r PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com ATTACHMENT 1A Page 1 of 5 FORT WORTH City of Fort Worth Subcontractors/Suppliers Utilization Form PRIME COMPANY NAME: Check applicable block to describe prime MODERN CONTRACTORS MANIDBE1h � PROJECT NAME: ROSELAND THEATER ANNEX 1-29-04 BID DATE City's M/WBE Project Goal: Prime's MNVBE Project Utilization: PROJECT NUMBER It. 23% 25% Identify all subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Managing Department on or before 5:00 p.m. five (5) City business days after bid opening, exclusive of bid opening date, will result in the bid being considered non-responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the M/WBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non-responsive to bid specifications M/WBEs listed toward meeting the project goal must be located in the nine (9) county marketplace or currently doing business in the marketplace at the time of bid. Marketplace is the geographic area of Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall counties. Identify each Tier level. Tier is the level of subcontracting below the prime contractor, i.e., a direct payment from the prime contractor to a subcontractor is considered Vt tier, a payment by a subcontractor to its supplier is considered 2"d tier ALL M/WBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located or doing business at the time of bid opening within the Marketplace, that have been determined to be bonafide minority or women businesses by the North Central Texas Regional Certification Agency (NCTRCA), or the Texas Department of Transportation (TX DOT), highway division. Disadvantaged Business - Enterprise(DBE) is synonymous with Minority/Women Business Enterprise(M/WBE). J, If hauling services are utilized, the prime will be given credit as long as the M/WBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The M/WBE may lease trucks from another M/WBE firm, including M/WBE owner-operators, and receive full M/WBE credit. The M/WBE may lease trucks from non-M/WBEs, including owner-operators, but will only receive credit for the fees and commissions earned by the M/WBE as outlined in the lease agreement. r F Rev.5/30/03 " FOR T WORTH ATTACHMENT 1A Page 2 of 5 -Primes are required to identify ALL subcontractors/suppliers, reguardless of status; i.e., Minority, Women and non-M/WBEs. Please list MNVBES firms first use additional sheets if necessary Certification N SUBCONTRACTORISUPPLIER (check one) on Company Name Address Telephone/Fax N D Detail Subcontracting Detail Dollar Amount CTO M Work Supplies Purchased R Ti M W C B lerIBE BE A E J -i ILL-FAIR ELECTRIC INC. O BOX 137033 FORT WORTH,TEXAS 76136 917-238-2404 1 X ELECTRICAL $ 37,000.00 817-237-0558 BE# JVFW B20704N 1004 JBAZAN ROOFING 2824 BEACH STREET FORT WORTH TX 76111 917-831-4253 1 X ROOFING $ 22,533.00 817-831-4254 BE# HMDB20203YO804 RED-I-STEEL INC. O BOX 7929 FORT WORTH TEXAS 76111 317-624-9956 1 X STRUCT STEEL $ 45,244.00 I8E17-624-9958 OBE# J M M B20282NO904 A&M RENT-A-FENCE 27 CRESTSIDE )LINCAN VILLE TEXAS 75137 972-572-9100 1 X TEMP. FENCE $ 627.50 972-709-5399 NBE# NFDB18688Y0404 JFG CONCRETE INC 0 BOX 495114 ;ARLAND TEXAS 75049-5114 SITE DEMO SITE $ 47,900.00 �s72-414-9951 1 X FILL CONCRETE Rev.5/30/03 TOTAL THIS PAGE $ 153,304.50 FOR_T WORTH ATTACHMENT 1 A Page 2 of 5 'Primes are required to identify ALL subcontractors/suppliers, reguardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBES firms first, use additional sheets if necessa CertificationN SUBCONTRACTOR/SUPPLIER (check one) on Company Name Address T Telephone/Fax N D Detail Subcontracting Detail Dollar Amount C 01 M Work Supplies Purchased R T1 M W C B er BE BE A E MID CITITES PEST CONTROL 1973 BEDFORD RD BEDFORD TEXAS 76021 TERMITE 17-354 5350 1 x PROTECTION $ 500.00 817-540-0569 TEXAS GLASS CONTRACTING IRVING 930 NORTH BELTLINE RD 0124 TEXAS 75061 972-986-2082 1 X GLASS& GLAZING $ 10,252.00 972-399-0394 ,I ECT +2916 NATIONAL DRIVE GARLAND TEXAS 75041 972-278-0301 1 X HVAC $ 33,040.00 972-8641944 JMP 3704 Avenue G ACCOUSTICAL ort Worth Texas 76105 CELING/FRAMING/ $ 41,700.00 317-535-1314 1 X INSTALL DOORS/ INSULATION/ PAINT Overhead Door Co of DFW 1039 E.Dallas Road rapevine Texas 76051 F&I OVERHEAD 317-461-5502 1 X DOOR $ 1,223.00 Fax 817481-1587 Rev.5/30/03 TOTAL THIS PAGE $ 86,715.00 " FOR_T WORTH :ATTACHMENT 1A Page 2of 5 Primes are required to identify ALL subcontractors/suppliers, reguardless of status; i.e., Minority, Women and non-M/WBEs. Please list M/WBES firms first use additional sheets if necessary Certification N SUBCONTRACTOR/SUPPLIER (check one) on Company Name Address T Telephone/Fax D Detail Subcontracting Detail Dollar Amount N C pfB Work Supplies Purchased R Tl M W Cer B B A ' vector Concepts 2501 Parkview Ste 203 �t.Worth Texas 76102 17-339-9313 1 X FLOORING $ 6,020.00 Fax 817-339-9343 Scott Dennett Construction 808 W.7th t.Worth Texas 76107 817-882-9420 1 X MILLWORK $ 3,238.00 (Fax 817-882-9424 h JPleasants Hardware DOORS & 3715 Ave East E. Arlington Texas 76011 317-663-1127 1 X $ 6,925.00 Fax 817-649-3024 (KNICKERBOCKER 3230 Royalty Row rving Texas 75062 372-438-5330 1 X $ 390.00 jFax 972-438-8413 CARL RICHARDSON PLUMBING , .08 Woodlea Lane <ennedale Texas76060 RESTROOM 817-9946427 1 X $ 12,400.00 ACCESSORIES No Fax Sothwest Lath&Plaster 411 Forest Lane 3arland Texas 75042 XF 72-4941974 1 X Lath &Plaster $ 2,200.00 ax 972-4941900 (BPC HUB 1260026873900 Rev.5130/03 TOTAL I-11 PAGE $ 31,173.00 " FOR_T WORTH ATTACHMENT 1A Page 2 of 5 -Primes are required to identify ALL subcontractors/suppliers, reguardless of status; i.e., Minority,Women and non-M/WBEs. Please list M/WBES firms first use additional sheets if necessary r� Certification N SUBCONTRACTORISUPPLIER "ack one) on Company Name Address T Telephone/Fax N D Detail Subcontracting Detaii Dollar Amount CT O M Work Supplies Purchased R Ti M W C B er BE B A E ABS Arlington Brick 8 Supply 308 West Fork Drive t lington Texas 76012 7-460-5511 1 X MASONRY $ 66,000.00 Fax 817-460-5506 1 Hagen Builders Design P.O.Box 13452 Arlington Texas 76094 317181-8453 1 X CERAMIC TILE $ 2,000.00 tFax#1912198251600 817-795-8318 aOUND ALLOWANCE ALLOWANCE $ 5,000.00 i Rev.5/30/03 TOTAL THIS PAGE $ 73,000.00 i ATTACHMENT 1A Page 3 of 5 FORT WORTH Primes are required to identify ALL subcontractorstsuppliers, regardless of status;i.e., Minority,Women and non-M/WBEs. Please list M/WBE firms first, use additional sheets if necessary. Certification t (check one) SUBCONTRACTOR/SUPPLIER T r i N T Detail Detail Company Name Address e M WC X i Subcontracting Work Supplies Purchased Dollar Amount T D Telephone/Fax r B B E E E R O E C T E A Rev.5/30/03 ATTACHMENT 1A Page 4 of 5 r FORT WORTH y. Total Dollar Amount of M/WBE Subcontractors/Suppliers $ 105,404.00 Total Dollar Amount of Non-M/WBE Subcontractors/Suppliers $ 238,788.00 u TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS $ 344,192.00 The Contractor will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office Manager or designee through the submittal of a Request for Approval of Change/Addition. Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The contractor shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed k MNVBE goal. If the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form, the Offerorr further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including M/W/DBE(s) arrangements submitted with the bid. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The bidder agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers/contractors participating on the contract that will substantiate the actual work performed by the M/W/DBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance and create a material breach of contract may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. 'I �/" g,,r A or! Signature Printed Signature Title Contact Na (N dtfferent) Rev.5130/03 ATTACHMENT 1A Page 5 of 5 Company Name Telephone and/or Fax �3 t�• S fC A -7 /H L''o� Address Email Rev,5/30/03 WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets Rain January 7 1.80 1 February 7 2.36 " March 7 2.54 April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 " December 6 1.82 " ANNUALLY 77 32.30 1 (1) Mean number of days rainfall,0.01"or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more " Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport,Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West,elevation(ground)551 ft. Average number of days of rain,snow,and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period. This table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to cavy 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 snowfice-pellet days for a given month,the contract period will be adjusted by Change Order. PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com FoP,TWoF,TH �. TEXAS CERTIFICATE OF EXEMPTION I claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice. Description of Items(or an attached order or invoice) To be Purchased: All Items I claim this exemption for the following reason: Name of exemption organization: City of Fort Worth Texas Sales and Use Tax Permit#1-75-6000528-6 I understand that I will be liable for payment of sales tax which may become due for failure to comply with the provision of the states,city and or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determine by 4 the price paid for the taxable items purchased or the fair market rental value for the period of time use. I understand that It is a misdemeanor to give an exemption certificate to the seller taxable items which I know,at the time of purchase,will be used in a manner other than that expensed in thts certificate and upon conviction,may be fined up to S500 per offense. Municipalities are granted tax exempt status per the Texas Constitution,ART 8,Section I. Purchasers: City of Fort Worth Stye City Sample, original to be provided sign contractor Date: Phone: Fax: This certificate does not require a number to be valid. Sales and use tax"exemption numbers"or "tax exempt"numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of.Public Accounts. FINANCE DEPARTMENT PURC14ASING DlyisioN THE CrrY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102 (817)871-8360 * FAX(817)871-8440 Q Ptlnled on retytleA PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com HUD SUPPLEMENTAL GENERAL CONDITIONS These Supplemental General Conditions are intended to use by Housing and Urban Development Grantees. They contain specific HUD and Federal requirements not normally found in non-Federal contract documents. The requirements contained herein must be incorporated into all construction documents and subcontracts funded wholly or in part with EDA funds. The Supplemental General Conditions are available upon request by contacting the Facilities Management Division, 817-392-8014. The Supplemental General Conditions are incorporated as a part of the Project Specifications and take precedence over the City of Fort Worth General Conditions of the Contract for Construction unless specifically stated otherwise in the City's General Conditions. 1 s PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com WAIS Document Retrieval Pagel of 3 GENERAL DECISION: TX20030061 TX61 Date: June 13, 2003 General Decision Number: TX20030061 Superseded General Decision No. TX020061 State: TEXAS Construction Type: BUILDING County(ies) : JOHNSON PARKER TARRANT BUILDING CONSTRUCTION PROJECTS (does not include single family homes and apartments up to and including 4 stories) . Use current heavy and highway General Wage Determination for Paving Incidental to Building Construction in Tarrant County and for Paving and Utilities incidental to Building Construction in remaining Counties.) Modification Number Publication Date 0 06/13/2003 COUNTY(ies) : JOHNSON PARKER TARRANT BRTX0001G 05/01/2001 Rates Fringes Bricklayers 18.33 4.48 ---------------------------------------------------------------- CARP1421A 05/01/1995 Rates Fringes MILLWRIGHTS 16.49 3.92 ---------------------------------------------------------------- ELECO020D 12/01/2001 Rates Fringes ELECTRICIANS: ELECTRICIANS 20.95 2.20+12 1/4$ CABLE SPLICER 23.05 2.20+12 1/4$ ---------------------------------------------------------------- IRON0263B 06/01/2001 Rates Fringes IRONWORKERS (Structural) 17.00 4.35 ---------------------------------------------------------------- SFTX0669A 04/01/2003 Rates Fringes j! SPRINKLER FITTERS176.60 ---------------------25 ----------- - --- SUTX1073A 11/01/1989 Rates Fringes ACOUSTICAL INSTALLERS 11.23 CARPENTERS (Excluding drywall ' hangers, acoustical installers & batt insulators) 12.27 2 .22 _9 Carpenters doing drywall hanging PDF ebate.ainer pgFaoryo tria� erslon�ieftp vis-Bajc8R&c�od=TX20030061 12/3112003 www. ac o com WAIS Document Retrieval Page 2 of 3 only 10.00 CEMENT MASONS 10.16 .76 DRYWALL FINISHERS 11.18 2.21 GLAZIERS 11.37 1.31 LABORERS (Including Mason Tenders & Pipelayers) 7.46 1.00 LANDSCAPE LABORERS 5.15 MECHANICAL INSULATORS 10.92 1.00 PAINTERS, BRUSH & SPRAY (excluding Drywall Finishing) 10.47 2.21 PLASTERERS 11.50 PLUMBERS & PIPEFITTERS (Including HVAC work) 13.34 2.15 POWER EQUIPMENT OPERATORS: Backhoes 12.30 1.82 Cranes 14.26 2.44 Foundation Drill Operators 8.54 Graders 11.69 1.80 ROOFERS 9.50 .99 SHEET METAL WORKERS (iNCLUDING HVAC Duct Work) 12.63 2.10 WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. ---------------------------------------------------------------- WELDERS - Receive rate prescribed for craft performing operation to which welding is incidental. Unlisted classifications needed for work not included within the scope of the classifications listed may be added after award only as provided in the labor standards contract clauses (29 CFR 5.5(a) (1) (ii) ) . ---------------------------------------------------------------- In the listing above, the "SU" designation means that rates listed under that identifier do not reflect collectively bargained wage and fringe benefit rates. Other designations indicate unions whose rates have been determined to be prevailing. WAGE DETERMINATION APPEALS PROCESS 1.) Has there been an initial decision in the matter? This can be: * an existing published wage determination * a survey underlying a wage determination * a Wage and Hour Division letter setting forth a position on a wage determination matter * a conformance (additional classification and rate) ruling On survey related matters, initial contact, including requests for summaries of surveys, should be with the Wage and Hour Regional Office for the area in which the survey was conducted because those Regional Offices have responsibility for the Davis-Bacon survey program. If the response from this initial contact is not satisfactory, then the process described in 2. ) and 3.) should be followed. With regard to any other matter not yet ripe for the formal htt)://frwebeate access.g i ..&qXj i-bi etc oc.foiMbnar�eft--D -Bac &c oci,iid=TX20030061 12/31/2003 PDF�reate Wi me r o o na ersion WWW. ac o Com WAIS Document Retrieval Page 3 of 3 process described here, initial contact should be with the Branch of Construction Wage Determinations. Write to: Branch of Construction Wage Determinations Wage and Hour Division U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 2.) If the answer to the question in 1. ) is yes, then an interested party (those affected by the action) can request review and reconsideration from the Wage and Hour Administrator (See 29 CFR Part 1.8 and 29 CFR Part 7) . Write to: Wage and Hour Administrator U.S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 The request should be accompanied by a full statement of the interested party's position and by any information (wage payment data, project description, area practice material, etc.) that the requestor considers relevant to the issue. 3.) If the decision of the Administrator is not favorable, an interested party may appeal directly to the Administrative Review Board (formerly the wage Appeals Board) . write to: Administrative Review Board U. S. Department of Labor 200 Constitution Avenue, N. W. Washington, D. C. 20210 4.) All decisions by the Administrative Review Board are final. END OF GENERAL DECISION - PDbF� a e�bv�Jf ine i`a j , Pio t°a� ersiion ieftp�vVI's-Bac cfFact0 com 0030061 12/31/2003 City of Fort Worth, Texas Transportation Public Works Department Facilities Management Division/Architectural Services Section GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS. By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties,including but not necessarily limited to,the Contract,Notice to Bidders,Proposal,General Conditions,Special Conditions,Specifications,Plans,Bonds and all Addenda,Amendments signed by all parties,Change Orders, written Interpretations and any written Field Order for a minor change in the Work. I A-2 ENTIRE AGREEMENT. The Contract Documents represent the entire agreement between the Parties,and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed,the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner,or Work Order,or Change Order,or by a written Field Order for a minor change. A-3 WORK. By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS. The Contract Documents shall be executed in six originals,with all N required attachments,including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. Contracts may be issued by Purchase Order. A-5 FAMILIARITY WITH PROPOSED WORK. Before filing a Proposal, the bidder shall examine carefully the, plans, specifications,special provisions,and the form of contract to be entered into for the work contemplated. He shall examine the site r of work and satisfy himself as to the conditions that will be encountered relating to the character,quality and quantity of work to be ATF 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,supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK. The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the contractor in dividing the work among Subcontractors or Trades. A-6 INTERPRETATIONS. The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the 7 Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor,or any subcontractor or materialsman,or involving any question of fault or liability of any party, the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and,Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS. The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the 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. i c Page 1 General Conditions for Facility Construction,Fort Worth 11-7-03 u 2; 1. ?'ir:f, PDF created with FinePrint pdfFactory Pro trial version http://www.pdffacto[y.com 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 City 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 Federally 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 precedence over small-scale drawings. Drawings showing locations of equipment,piping,ductwork,electrical apparatus,etc.,are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-12 AGE In accordance with the policy("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 r performing this contract,shall, in connection with the employment,advancement or discharge of employees or in connection with the terms,conditions or privileges of their employment,discriminate against persons because of their age except on the basis of a bona fide occupational 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 their behalf,shall specify,in solicitations or advertisements for employees to work on this contract,a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor �. warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public,nor in the availability,terms and/or conditions of employment for applicants for employment with,or r 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 disability and will defend,indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION. Where the term "Architect" is used in the "General Conditions of the Contract for Construction",it shall refer to the Director,Transportation and Public Works or his designated Building Construction Manager. The Director,Transportation will designate a Project Manager and Building Construction Manager(BCM)to administer this contract and I 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"Architect". The term"City"and"Owner"are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative. Y- 4 B-2 TERMINATION AND SUSPENSION OF WORK:The Owner has the right to terminate the Project for any reason. If the project is terminated,the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. C) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above,the City will pay the contractor a proportionate part of the contract price based on the work completed; provided, however,that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments,if,any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and the decision by the City Council of the City of Fort Worth shall be final and 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 shall create any privity of Contract between the Architect and the Contractor. Page 2 Q General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 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. B-5 ACCESS TO JOB SITES. The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the 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 final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK. The 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 realization of the intent of the Plans and Specifications,the Architect will have authority to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT. Shot) Drawings. 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. Change Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner in accordance with the provisions of Section L. Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor.Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT. In case of the termination of the employment of the Consulting 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. SECTION 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 Facilities Management Division. Generally speaking a designated representative will be identified from within the Facilities Management Group to act as a point of contact for day-today contract administration. C-2 DUTIES OF THE OWNER. The Owner shall fumish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work;provided,however,that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS. The Owner shall issue all instructions to the Contractor through the BCM. C-4 ACCESS TO JOB SITE. The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. Page 3r�,-• _r � o; �"�^, `;�' General Conditions for Facility Construction,Fort Worth 11-7-03 =f -' - � 1 L PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 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 concerning the progress and quality of the work,the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK The Owner will have authority to reflect work that does not conform to the Plans and Specifications. Whenever,in its reasonable opinion,the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the Owner will have authority to require the Contractor to stop the work or any portion thereof,or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated,installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION. Upon agreement of the Contractor and Architect that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Architect,Owner and Contractor.Items identified during this inspection as being incomplete,defective or deficient shall be incorporated into a punch list and attached to the AIA document G704,which is to be prepared and signed by the Contractor,and accepted,approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall,until the expiration of three years after final payment under this contract,have access to and the right to examine any directly pertinent books,documents,papers and records of the contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books,documents,papers and records of such subcontractor,involving transactions to the subcontract.The term "subcontract"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 Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR Contractor shall perform all work and services hereunder as an independent contractor, not as agent,or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the work and services performed hereunder,and all persons performing same,and Contractor shall be solely responsible for the acts of its officers,agents,and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor,its officers,agents and employees,and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS. The Contractor shall carefully study and compare the Agreement,Conditions of the Contract,Drawings,Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any error, 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,safety,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 materialmen 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 Page 4 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 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 all labor 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 quality,free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section 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, Licenses, Certificates, and Inspections, whether permanent or temporary,required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws,Ordinances,Rules,Regulations and Orders of any public authority bearing on the 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 Owner in writing and any necessary changes will be made. If the Contractor perforins any Work knowing that it is in violation of, or contrary to,any of such Laws, Statutes, Charter, Ordinances, Orders or Directives,or Regulations without furnishing Notice to the Owner,the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-11 CASH ALLOWANCES. The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site,and all applicable taxes. The Contractor's handling costs on the site, labor, Installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct,but he will not be required to employ persons against whom he makes a reasonable objection. If the cost,when determined,is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site,labor,installation costs,field overhead,profit and 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-CONTRACTORS. The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the work herein provided for within the time herein fixed or to cant'on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the work and complete same in accordance with the Contract Documents or to take charge of and complete the work in such a manner as it may deem proper, and if,in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-15 PROGRESS SCHEDULE. The Contractor,immediately after being awarded the contract,shall prepare and submit for the Architect's 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 Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The progress schedule shall be updated at least monthly by the contractor and submitted for approval with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE. The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications,Addenda, approved Shop Drawings,Change Orders,and other Changes and Amendments in good order and marked to record all changes made during construction.These shall also be available to the Architect. The Drawings, marked to record all changes made during construction,shall be delivered to the Owner upon completion of the Work.The Architect will prepare,and provide to the Owner,one complete set of reproducible record drawings of the work. It, Page 5 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com D-17 SHOP DRAWINGS AND SAMPLES. Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts,brochures and other data which are prepared by the Contractor or any Subcontractor,manufacturer,supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate 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 shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples,the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. ,why The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay,but only for conformance with the design concept of the Project and with the information given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. _ The Architect's 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. Architect's 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 shall be commenced until the Architect has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE. The Contractor shall confine operations at the site to areas permitted by law,ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment Until acceptance of the work by the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor.Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The Contractor shall rebuild,repair,restore and make good at his own expenses all injuries or �►^ damages to any portions of the Work occasioned by any of the above,caused before acceptance. Y D-19 CUTTING AND PATCHING OF WORK The Contractor shall do all cutting, fitting or patching of his Work that may required to make its several parts fit together property,and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP. The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-dean"or its equivalent,except at otherwise specified.In addition to removal of rubbish and leaving the buildings'broom-clean",Contractor 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-21 COMMUNICATIONS. Asa general rule,the Contractor shall forward all communications to the Owner through the BCM. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS.Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department,Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION. A Subcontractor is a person or organization who has a direct contract with the Contractor to perforin any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. Page 6 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com E-2 AWARD OF SUBCONTRACTS. The bidder shall furnish a list of the names of the subcontractors or other persons or organizations(including those who are to furnish materials or equipment fabricated to a special design)proposed for such portions of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of the Subcontractors proposed for the 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 shall 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 shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party,in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs,extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub-subcontractor where appropriate)in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the Architect,whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMENS BUSINESS ENTERPRISE IM/WBE). Should the base bid be less than $25,000, the requirements of this section do not apply. General: In accordance with City of Fort Worth Ordinance No 11923, the City of Fort Worth sets goals for the participation of minority business enterprises and women business enterprises in City contracts. Ordinance No 11923 is incorporated in these Specifications by reference.A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The M/WBE UTILIZATION FORM, M/WBE GOALS WAIVER FORM and GOOD FAITH EFFORT FORM, as applicable,must be submitted within five city business days after bid opening. Failure to submit the post bid information shall render the bid non-responsive. The City will consider the contractor's performance on other City Projects regarding its M/WBE program In the evaluation of bids.Failure to comply with the City s M/WBE program,or to demonstrate a"good faith effort",shall result in a bid being considered irresponsible. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the i subcontractors to the Construction Manager. Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a Minority or Women Business Enterprise(M/WBE)on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books,records or files in it's possession that will substantiate the actual work performed by an M! WBE. The misrepresentation of acts (other than a negligent misrepresentation)and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal,state,or local laws or ordinances relating to false statement. Further any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be Irresponsible and barred from participating in City work for a period of time of not less than three years. 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. _ KV Page General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffacto!y_com Change Orders: 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$50,000 or more,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 M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the contractor had represented he would perform with his forces,the contractor shall notify the City before subcontracts or purchase orders are let,and shall be required to comply with modifications to goals as determined by the City,and, 3. Submit a REQUEST FOR APPROVAL OF CHANGE FORM,if the contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change of subcontractors 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. 5. Other reasons at the discretion of the M/WBE Coordinator Within ten days after final payment from the City the contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier,Including non-M/WBEs,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 Owner 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 Owner 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. E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110,as appropriate. Each subcontractor must agree to comply with all applicable Federal,State,and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City,who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be Ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of$10,000 shall include,or incorporate by reference,the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. f Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City.The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347 Page 8 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactoil.com Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of$50,000 or more must submit a completed Standard Form 100(Compliance Report)by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contract are awarded for other portions of the Work,"the Contractor"in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS. The Contractor shall afford other contractors reasonable opportunity for the Introduction and storage of their materials and equipment and the execution of their work, and shall property connect and coordinate his work with theirs. i If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor,the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results.Failure of the Contractor to inspect and report shall 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 shall defend against such suit at the Contractor's expense,and if any judgment against the Owner arises therefrom,the Contractor shall 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. F3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS. The Contractor shall do all cutting,fitting or patching of his Work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any 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 bome 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 G-1 CONFLICT OF LAWS. The law of the place where the site is located shall govem 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 existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract,and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS. in performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract,or in exercising any of the powers granted the Owner herein,the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. 3' G-4 COMPLIANCE WITH LAWS. Contractor agrees the comply with all laws, Federal, state and local, including all ordinances,rules and regulations of the City of FortWorth,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 Page 9 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com the Construction manager weekly. Building,plumbing,electrical and mechanical building permits are issued without charge. Water and sewer access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION:Contractor covenants and agrees to indemnify City's engineer and architect,and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify,hold harmless and defend, at its own expense, the Owner, its officers, servants and employees,from and against any and all claims or suits for property loss,property damage,personal injury,including death,arising out of,or alleged to arise out of,the work and services to be performed hereunder by Contractor,its officers,agents,employees,subcontractors,licensees or invitees,whether or not any such injury, damage or death is caused, in whole or in part, by the nealigence or alleged negligence of Owner, its officers, servants,or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract,whether or not any such/nlury or damage is caused in whole or In part by the nealiaence or alleged ne_allgence of Owner.Its officers.servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may,if he deems it appropriate,refuse to 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 shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner.Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE. Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended,or if delivered at or sent by registered or certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,000. The Contractor agrees,on the submittal of his Proposal to make,execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas,as amended,in the form included in the Contract Documents,and such bonds shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local,state and federal statutes. To be an acceptable surety on the bond the name of the surety should be included on the current U.S.Treasury List of Acceptable Securities[Circular 570],and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any 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 shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may have,enter the site and make good such deficiencies. In such case an appropriate Change Order shall be Issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the cost of the Architect's additional 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 shall pay all royalties and license fees.He shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified;however,if the Contractor has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Owner. 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 Owner timely notice of its readiness Page 10 General Conditions for Facility Construction Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version hftp://www.pdffactory.com 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 otherwise provided. If after the commencement of the Work, the Owner determine that any Work requires special inspection,testing or approval not included above,the Owner,upon written authorization from the Owner,will instruct the Contractor to order such special inspection, testing or approval,and the Contractor shall give notice as required in the preceding paragraph.if such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the perforrnance of the work, with Laws, Statutes. Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by him to the Owner.The Architect will review the certificates and forward one copy of each with his recommendation(s)to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by 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 all utilities.Interruption shall be by approved sections of the utility.In some cases,the Contractor may be required to perform the work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner.When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall 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 elevations indicated in layout of existing work. Discrepancies between Drawings,Specifications,and existing conditions shall be referred to Architect for adjustment before work affected is perforrned. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractors sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction - Documents. Prior to commencing work,the Contractor shall carefully compare and check all Architectural,Structural,Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found,he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the contractors sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the site or at the building and shall be 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 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 irequired,whether or not shown or specified at the contractor's sole expense. Attention is directed to the possible existence of pipe and other underground Improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. I 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 shall be the responsibility of the Contractor to make certain in the installation of jointed floor,wall and ceiling materials that: 1. preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be perforrned under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible.This includes heating registers,light fixtures,equipment,etc. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. Page 11 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.t)dffactory.com 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 Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held I responsible for the relocating of any items without first obtaining the Architect's approval.He shall remove and relocate such items at his own expense if so directed by the Architect.Where possible uniform margins are to be maintained between parallel lines and or adjacent wall,floor or ceiling surfaces. h� G-20 OVERLOADING. The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials,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 installation 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 cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 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 Leaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary,and all temporary labels,tags,and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building,the grounds,approaches,equipment,sidewalks,streets,etc.shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean 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 bome by Contractor. 10. Cleaning,polishing,scaling,waxing and all other finish operations indicated on the Drawings or required In the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning:Buming of rubbish on the premises will not be permitted. Page 12 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 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-bome 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 building area for storing flammable materials and paints;no storage will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed 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 Inspection. Record Drawinas: Attention is called to General Conditions Section entitled,"Substantial Completion and Final Paymenr. Maintenance Manual:Sheets shall be 81W x 11",except pull out sheets may be neatly folded to 8'A"x 11".Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: 1) Name,address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative,for each piece of operative equipment. 3) Catalog data on plumbing fixtures,valves,water heaters,heating and cooling equipment,temperature control,fan,electrical panels,service entrance equipment and light fixtures. 4) Manufacturer's name,type,color designation for resilient floors,windows,doors,concrete block,paint,roofing,other materials. Submit six copies of Maintenance Manual,prior to request for final payment Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each Item. G-27 GUARANTEE AND EXTENDED GUARANTEE. Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect.Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year,in addition,where separate guarantees,for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. 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. Page 13 General Conditions for Facility Construction,Fort Worth 11-7-03 I' PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com G-28 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 neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction.The record drawings shall indicate,in addition,the actual location of all sub-surface utility lines,average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE. At the Contractor's option,he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period.Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY,STORAGE,HANDLING. The Contractor shall handle,store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft(and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G31 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. G-32 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.Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the contractor,the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute accepted",the City will accept no alternates to the specified equipment SECTION H CONTRACT TIME H-1 DEFINITIONS. The Contract Time is the period of time allotted In the Contract Documents for completion of the Work. The date of commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed,it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the the Owner that construction is sufficiently complete,In accordance with the Contract Documents,so the Owner may occupy the Work or designated portion thereof for the use for which it is intended.Final acceptance of the completed work or any portion thereof can be made only by the City Council of the City of Fort Worth or it's 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 will 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 cant'the Work forward expeditiously with adequate forces and shall complete it within the Contact Time. H-3 DELAYS AND EXTENSIONS OF TIME. If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect,or by any employee of the Owner,or by any separate contractor employed by the Owner,or by any separate contractor employed by the Owner,or by changes ordered In the Work,or by labor disputes,fire,unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner.When the Contractor is delayed due to abnormal weather conditions, Page 14 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://Www.pdffactory-com 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 claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them,and not then unless such a claim is reasonable. H-4 NO DAMAGE FOR DELAY. No payment, compensation or adjustment or any kind (other than the extensions of time provided for)shall be made to the contractor for damages because of hindrances or delays from an cause in the progress of the work,whether such hindrances or delays be avoidable or unavoidable, and the contractor agrees that he will make no claim for compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM. The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES.Before the first Applicable for Payment,the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work,including quantities if required by the 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. 1-3 ADJUSTMENT OF QUANTITIES. Lump Sum Contracts: 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. Indefinite Delivery Lump Sum contract(Job Order Contract): Unit Price Guide specified in the Contract will be used to adjust for scope changes and unforeseen conditions. 1-4 PROGRESS PAYMENTS. On the first day of each month after the first month's work has been completed,the Contractor will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed C during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent,bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all liens,claims,security interests or encumbrances hereinafter referred to as"liens";and that no Work,materials or equipment covered by an Application for Payment will have been acquired by the Contractor,or by any other persons performing the Work al the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702,"Application and Certificate for Payment',and attached thereto AIA Document G703, "Continuation Sheet',to indicate the progress made to date and the period or month for �+ which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 1.5 CERTIFICATES FOR PAYMENT. If the Contractor has made Application for Payment as above,the above,the Architect will,with reasonable promptness but not more than seven days after the receipt of the Application,prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Architect to the Owner, based on the Owner's observations at the site and the data comprising the Application for Payment,that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial Completion,to the results of any subsequent tests required by the Contract Documents,to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the Architects 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. t.. Page 15 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com After the Architect has issued a Certificate for Payment,the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of"transportation and Public Works.For contracts less than$400,000,Owner shall pay 90%of the approved estimate to the Contractor within seven days after its approval,and the remaining 10%of each such estimate will be retained by the Owner until the final estimate is approved and the Work Is accepted by the City Council of the City of Fort Worth.For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment,nor any progress payment,nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship.The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-6 PAYMENTS WITHHELD. The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor. 6) Reasonable indication that the Work will not be completed within the Contract Time;or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed,payment shall be made for amounts withheld because of them.The Owner reserves the right to withhold the payment of any monthly estimate,without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications. 1-7 Not used 1-8 LIQUIDATED DAMAGES:The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to$1,000,000 $315 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,000 $630 $5,000,001 to$10,000,000 $840 over$10,000,000 $980 1-9 FAILURE OF PAYMENT If,without fault on the part of the Contractor,the Architect should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment,if the Contractor's Application for Payment,or if,without fault on the part of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95% (as applicable)of the amount thereof within the period of time specified,then the Contractor may,upon seven(7)days additional written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT Prior to the request for final payment,the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete,the Construction Manager shall inspect the project with the Contractor and prepare a"Preliminary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work Is substantially complete, he then will prepare a Certificate of Substantial Completion(G704)which,when approved by the Owner,shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the responsibilities of the Owner and the Contractor for maintenance,heat,utilities,and insurance,shall set forth the remaining work as a"final punch list".The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 4%. Page 16 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version hftp://www_pdffactory.com Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract,including submittals and final pay request within the fixed time,the contractor will be assessed liquidated damages of$100/day until the items on the final punch list are completed and approved by the Construction Manager and such amount will be deducted from the Contract amount. Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment 1) Contractor's Affidavit of Payment of Debts and Claims(G706)stating that all payrolls,bills for materials and equipment,and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible,have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),if any,to final payment, 3) Contractor's Affidavit of Release of Liens(G706A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts,releases and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor,materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens,the Contractor may,at the election of the Owner,furnish a bond satisfactory to the Owner to indemnify him against any right,claim or lien which might be asserted by such Subcontractor,materialman or laborer.If any such right,claim or lien remains unsatisfied after all payments are made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. Final acceptance will be made by the designated representative of the City Council of the City of Fort Worth and no other form of acceptance will be binding upon the Owner.Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 FINAL PAYMENT FOR UN-BONDED PROJECTS. Final payment will not be made for a period of 30 calendar days and until all requirements of 1-10 have been met,with the exception of Consent of Surety for Final Payment. u SECTION J PROTECTION OF PERSONS AND PROPERTY t"' J-1 SAFETY PRECAUTIONS AND PROGRAMS The Contractor shall be responsible for initiating, maintaining and ksupervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY. The Contractor shall take all reasonable precautions for the safety of,and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site,under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work,it shall be under the charge and care of the Contractor,and he shall take every precaution against Injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The Contractor shall rebuild,repair,restore and make good,at his own expense,all injuries 6 or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work,all reasonable safeguards for safety and protection, including posting Page 17 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pr6trial version httr)://wwwpdffactory.com 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 cant'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. J3 HARD HATS. Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor,employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors.Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES. In any emergency affecting the safety of persons or property,the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided In Changes in the Work. J-5 SAFE WORK PRACTICES. The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen,City employees and the public. The Contractor shall keep the 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 materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. J-8 TRENCH SAFETY The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per unit cost for trench safety measures in his bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K-INSURANCE K-1 Insurance Required. The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. K-2 Workers'Compensation Insurance: 1) General a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) By signing this contract or providing or causing to be provided a certificate of coverage,the contractor is representing to the City that all employees of the contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage 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 comply with any of these provisions is a breach of contract by the contractor which entitles the City to declare the contract void if the contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC-81,TWCC-82,TWCC-83,or TWCC- Page 18 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 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 ProjecL Includes the time from the beginning of the work on the project until the contractors/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project("subcontractor"in section 406.096)-includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of P' any such entity,or employees of any entity which furnishes persons to provide services on the project "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) Requirements a) The contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44)for all employees of the contractor providing services of the project,for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the contractor's current certificate of coverage ends during the duration of the project,the contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that #r 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 11) no later than seven days after receipt by the contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The contractor shall post on each project site a notice,in the text,form and manner prescribed by the Texas Workers Compensation Commission,informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The contractor shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its employees providing services on the project,for the duration of the project; ii) provide to the contractor,prior to that person beginning work on the project,a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; iii) provide the contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom 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 thereafter. vi) notify the City in writing by certified mail or personal delivery,within ten (10)days after the person knew or should have known,of any change that materially affects the provision of 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 Workers Compensation Coverage. a) The contractor shall post a notice 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 failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Workers Compensation Act or other Texas Page 19 General Conditions for Facility Construction,Fort Worth 11-7-03 t PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com Workers 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 The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing,hauling,or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage,to verify whether your employer has provided the required coverage,or to report an 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: $1,000,000 each accident,or reasonably equivalent split limits for bodily Injury and property damage. Coverage shall be on"any auto"including leased, hired,owned, non-owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance:When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor,or subcontractor performing the removal,shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. 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 dean-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, lightning, 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 sub4imits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE The Contractor shall provide a certificate of insurance documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate Holder",and noting the specific project(s)covered by the Contractor's insurance as documented on the 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. 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 City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a } rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or,self insured retentions exceeding$10,000 require approval of the City of Fort .� Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation,non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. a 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. Page 20 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract.Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled,upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same Insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER. The Owner, without invalidating the Contract, may order Changes in the Work within the general pr~ scope of the Contract consisting of additions,deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time.The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions,or by request of either the Contractor or the City,shall be coordinated with the Director,Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon;or 3) by cost and a mutually acceptable fixed or percentage fee. 4) For IDO,from the contract Unit Price Book. If none of the methods set forth herein above is agreed upon,the Contractor,provided he receives a Change Order,shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings,including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases,the Contractor shall keep and present,in such form as the Architect shall prescribe,an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architects Certificate of Payment as approved by the Owner. If after the contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended,forward the proposed change order request and + price proposal to the Owner for approval. If the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval.If the negotiations do not result in an equitable solution,the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter,that,the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over$25,000. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner,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. If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship. Page 21 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://wwwpdffactory.com If the Contractor claims that additional cost or time is involved because of(1)any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B,where the Contract was not at fault,or(3)any written order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME. If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner,shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Lump sum contracts: 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 shall not exceed fifteen percent J1551. 3. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent f 10%i. IDQ Lump sum contracts(Job Order Contract: Overhead allowances are included in the summation Line Item Cost. L-4 MINOR CHANGES IN THE 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 Contract 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,or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK. If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the Architect or the Owner may request to see such work and It shall be uncovered by the Contractor.If such Work be found in accordance with the Plans and Specifications,the cost of uncovering and replacement shall,by appropriate Change Order,be charged to the Owner. If such work be found not in accordance with the Plans and Specifications,the Contractor shall pay such costs unless it be found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK. The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Pians and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed.The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's 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 the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so,unless the Owner has 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 shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shall bear the cost of making good all work of 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 the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor.If the Contractor does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have bome,the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. Page 22 General Conditions for Facility Construction,Fort Worth 11-7-03 PDF created with FinePrint pdfFactory Pro trial version http://www.pdffactory.com