Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Contract 52072
THIS COPY IS FOR: CITY SECRUARY oZ07at CONTRACTOR CONTRACT NO. CITY SECRETARY ' PROJECT MANAGER PMD FILE COPY _ THE CITY OF FORT WORTH, TEXAS - WILL ROGERS MEMORIAL CENTER LIGHTING RETROFIT MONCRIEF BUILDING & WATT ARENA PMD2018-03 CITY PROJECT # 101205 -� FO RT AVO RT H(w BETSY PRICE DAVID COOKS MAYOR CITY MANAGER Roger Venables Interim Director, Property Management Department - Kirk Slaughter Director, Public Events Department Dalworth Lighting and Electrical, LLC Summit Consultants, Inc. MpR 19 � February 2019 OFFICIAL RECORD CITY SECRETARY Instruction to Offerors—Dalworth Lighting and Electrical,LLC FT WORTIf,T* .� WRMC Moncrief Lighting Retrofit(February 2019) City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/12/2019 DATE: Tuesday, February 12, 2019 w REFERENCE NO.: **C-29037 LOG NAME: 21 WRMC MONCRIEF LIGHTING RETROFIT SUBJECT: Authorize Execution of a Construction Contract with Dalworth Lighting and Electrical Services, LLC, in the Amount of$371,011.00, Including 7.5 Percent for the Owner's Construction Contingency Allowance, for the Lighting Retrofit of the Will Rogers Memorial Center's Moncrief Building and Watt Arena, Located at 3401 W. Lancaster Avenue, and Provide for Administrative Costs of$128,989.00 for a Total Project Cost of $500,000.00 (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize execution of a construction contract with Dalworth ,.r Lighting and Electrical Services, LLC, in the amount of$371,011.00, including 7.5 Percent for the Owner's Construction Contingency Allowance, for the lighting retrofit of the Will Rogers Memorial Center's Moncrief Building and Watt Arena, located at 3401 W. Lancaster Avenue, and provide for administrative costs of $128,989.00 for a total project cost of$500,000.00. DISCUSSION: It is the purpose of this M&C is to authorize execution of a construction contract with Dalworth Lighting and ., Electrical Services, LLC, in the amount of$371,011.00, including 7.5 Percent for the Owner's Construction Contingency Allowance, for the lighting retrofit of the Will Rogers Memorial Center's Moncrief Building and Watt Arena, located at 3401 W. Lancaster Avenue, and provide for administrative costs of$128,989.00 for a total project cost of$500,000.00. The lighting retrofit will replace existing older lighting systems with higher preforming, energy efficient LED lighting systems. This replacement will be coordinated with event schedules to minimize impact to the facility. .. The City issued a Request for Proposals on September 13, 2018. Pre-proposal meetings and site visits were conducted with interested contractors. On October 11, 2018, the City received 5 responses from contractors: Dalworth Lighting and Electrical Services, LLC 308 Construction, LLC Clear Blue Energy Corporation •. All-Fair Electric, Inc. Basecom, Inc. Only two offerors, Dalworth Lighting and Electrical Services, LLC and 308 Construction, LLC, provided the required Post Proposal—Pre Award Submittals to be further evaluated by the City. These proposals were reviewed by members of the Public Events Department, the Office of Business Diversity and the Property Management Department. Based on this review, the selection team recommends award of the •. construction contract to Dalworth Lighting and Electrical Services, LLC. SCORING MATRIX TABLE: Lighting Retrofit Dalworth Lighting and 308 Construction Electrical Services, LLC LLC Proposed PriceF 60 57 MWBE Score 8 5 Proposedi 10 I 4 Schedule Reputation / 3 6 Experience Past Relationship 5 � 5 With City TOTALS 86 77 The overall project budget for the Project is as follows: Will Rogers Memorial Center's Moncrief Building and Watt Arena TOTALS Construction Contract (Including 7.5% Owner's Construction $371,011.00 Contingency Allowance) Project Administration Cost (Project Management, Testing, $128,989.00 .. Contingency, Etc.) PROJECT TOTAL $500,000.00 .. In accordance with Chapter 7, Article III, Section 7-47, Section 109.2.1 of the City Code, Building and Trade Permit Fees are waived for this project. Construction is anticipated to start in Spring 2019, with an anticipated completion date during the Summer .. of 2019. M/WBE OFFICE - Dalworth Lighting and Electrical Services, LLC is in compliance with the City's MMIBE Ordinance by committing to 37% M/WBE participation on this project. The City's M/WBE goal on this project is 8%. .. The Will Rogers Memorial Center is located in COUNCIL DISTRICT 7. FISCAL INFORMATION /CERTIFICATION: The Director of Finance certifies that upon approval of the above recommendation, funds are available in the current capital budgets, as appropriated, of Culture&Tour DFW Rev Sh Cap Funds, and that prior to an expenditure being made, the department has the responsibility to validate the availability of funds. FUND IDENTIFIERS (FIDs): TO Fund Department ccoun Project JProgram ctivit Budget Reference# �mounl ID ID Year Chartfield 2 FROM Fund Department ccoun Project JProgram ctivit Budget Reference# mount .. ID ID Year Chartfield 2 CERTIFICATIONS: _ Submitted for City Manager's Office by: .lay Chapa (5804) Originating Department Head: Roger Venables (6334) Additional Information Contact: Brian Glass (8088) ATTACHMENTS 1. Dalworth Lighting MWBE Compliance Memo.pdf (CFW Internal) 2. DalworthForm1295 Moncrief Redacted.pdf (Public) .. 3. SAM Dalworth Lighting and Electrical Services LLC.pdf (CFW Internal) 4. WRMC Moncrief Bldg.pdf (Public) 5. WRMC MONCRIEF LIGHTING RETROFIT FID TABLE.pdf (CFW Internal) WILL ROGERS MEMORIAL CENTER R MONCRIEF BUILDING 4 ?i' t .4. . ffi LANCASTER AV A ..d.. .•WILL"ROGERS•�"':, - y we# Ai 'tet _',• .:_�.. / e e •e �; Q Z ' Lu e 4 - MONCRIEF BUILDING 1 ! _.,.BURNET•T TANDY� ._.. ..* „. 6 JL a HARLEY ° _ lis° .';- ,:gyp+ ' ' P� .•"; 7 k y. 440 220 r0 440 Feeta A Ile op BOTANIC GARDEN Vol FORTWORTH. @ % & LO § >s V - kk-1k © 0 `�§� § inCD ; �g/co CDf mac ® 0 `LL B - - - CD CD kcoC2 R ] ( } - §\@2 CD - kti2J § w m0/( £ LL. U. a - - ® C2 LO o § E 0C~) N LO £ E§]g | E v &)co k ■ ) l�2j � 2 ; �`© | a � § - - - � � E z , ` E WF C6 2 0 ()§ q Ln N M co 2 > Bco a § CD co , F § U) °o § 0 r_ «k2 & � u ■w CD «� ■ .2 C441F 403, ® a 2 ) 2 & 8 - 011 o §k LO k � � $ ) § t w§ §\ k p � 2 ,t k ° ) ` w �} & G k ~ S - - - bLL z2 a U) LLJ oo : r_ ca u§ z 0 ■ul § ■ LL WZ /� \ \ } 0 ■- � - 0U) CD � KIL / U) / � UCCoe 22 � � n � � k2 Q oc 0z -j 2 ) � ) % k n ■ w ; ; , �¢ f o ° a o m kgk § kaq@ t s @o � CL0 k§ ƒ 9 § & a o« IL IL «u kbRTWORTH(", CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 1 WRMC LIGHTING RETROFIT— MONCRIEF BLDG & WATT ARENA — Request for Proposals Submittal Date: October 11, 2018 (NO CHANGE) 1. Please see attached revised drawing from Summit Engineers. 2. The Pre-Proposal Attendees sign-in list is attached. STEPHEN COOKE DIRECTOR, PROPERTY MANAGEME`dT DEPARTMENT By: Brian Glass,AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: October 1,2018 WRMC Lighting Retrofit-CMAR Page 1 of 1 Addendum No.1 (October 1,2018) Property Management Department FACILITIES MANAGEMENT ARCHITECTURAL SERVICES wo T 401 West 13th Street Moncrief Lighting Retrofit Pre-Proposal Meeting/Site Visit 401 W 13th St. September 26, 2018 NAME FIRM NAME/TITLE OFFICE#/E-MAIL ADDRESS 1. f�4�Rry (Y1f�e�,ti LtD bmA-,2 x 45 eq -Ick 2. T� w�l awl" 2I� " c �p .wi Dro- 3. Fa J l X (S�7P H--Ne0 4. <91-7 C)O 152_ n L dm 5. tu.•c'«tv\ . 6. 7. 8. 9. 10. 11. h 12. 13. 14. 15. 16. s i- Property Management Department FACILITIES MANAGEMENT ARCHITEC'T'URAL SERVICES 0 TWORTFL __. 401 West 131h Street Moncrief Lighting Retrofit Pre-Proposal Mceting/Site Visit 401 W 131h St. — September 26, 2018 NAME FIRM NAME/TITLE OFFICE #/ E-MAIL ADDRESS 1.f/ccrvjd�. z�; Cleev- ��Y Co,/Piroj6� W,4 dez>��c acv•cd rn 2. cl�hos 17G12�,11�2 � r- N 3. IDVlv� 4. .J4eve ���� �avnw► ��" �Stfr9,5LkM&14v„et0. 4vm 5. $fZt A rJ G t-,4SS COPW on as,C�l im(QFoci--c Wo�TFhZ'�'K�ts- �� 6. 7. 8. 9. 10. 11. 12. 13. i 14. 15. 16. i NOTICE TO OFFERORS Proposals for the WRMC LIGHTING RETROFIT—MONCRIEF BLDG&WATT ARENA located at 3401 W Lancaster Ave in Fort Worth Texas will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth, 76102, until 1:30 P.M on Thursday, October 11, 2018, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. a After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. The last day for questions from prospective Offerors is at 5:00 PM on Friday, October 5, 2018. A Pre-Proposal Conference will be held at 10:00 A.M., Wednesday, September 26, 2018 at 401 W. 13th Street. The offers will be valid for NINETY (90) calendar days. Estimated construction cost is approximately $397,000.00. There are several Alternates for this project. The Offeror will add a 7.5% Owner's Contingency Allowance on a separate line item on the Proposal form and only the Owner will approve the use of this allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. This Allowance is not to be included in the Base Proposal and will not be used in the Best Value selection process. Refer to the evaluation matrix for the selection of the Best Value Offeror in the Instructions to Offerors. Refer to the Request for Proposal documents for the Minority Business Enterprise (M/WBE) Information. M/WBE participation will be evaluated in awarding this Contract. The M/WBE participation goal is 10%. Offerors must submit the attached Best Value Utilization Form within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Also, Refer to Section 2. MINORITY BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL) in the Instructions to Offerors. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. If you intend to submit a Proposal, request you inform the Project Manager or Architect/Engineer who can then inform the interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City .� but may be viewed and printed on-line by cutting and pasting the following link into your browser: https://prooectpoint.buzzsaw.com/fortWorthgov/PMD%20Promects/WRMC%2OMoncrief%2OLi-ghting?public Contact the Project Manager, Ronald Clements, at (817) 392-8014 or email Ronald.Clements(a-)-fortworthtexas.gov for assistance. For additional information contact the Project Engineer, Steve Ruse, at(817) 878-4242 oremail israsummitmep.com Advertisement: September 13, 2018 September 20, 2018 Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 2 of 33 WRMC Moncrief Lighting Retrofit(February 2019) TABLE OF CONTENTS • PROJECT COVER PAGE - • NOTICE TO OFFERORS • TABLE OF CONTENTS • INSTRUCTIONS TO OFFERORS • PROPOSALFORM • CONFLICT OF INTEREST AFFIDAVIT • CONFLICT OF INTEREST QUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT(CIS) • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • 2013 PREVAILING WAGE RATES • WEATHER TABLE • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (SEPARATE ATTACHMENT) • CONSTRUCTION CONTRACT PAYMENT BOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPEN;:;ATION LAW • PROJECT SIGN Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 3 of 33 r WRMC Moncrief Lighting Retrofit(February 2019) INSTRUCTIONS TO OFFERORS 1. PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or typed. • Write in contract duration if not specified. • Acknowledge all addenda on the Proposal Form. -. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ and Form CIS if required.) • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted. • In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of$100,000 from a reinsurer that is authorized and admitted as a reinsurer - in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon _ request. The City, in its sole discretion; will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed Price (60 points) — The lowest priced responsive Proposal will receive 60 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent.(1 point) for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. Proposed level of MBE participation (10 points). 3. Proposed project schedule (10 points)—The proposal with the shortest valid schedule will receive 10 points for this rating criterion. Longer schedules will receive proportionally lower scores. 4. References/Experience (10 points) - References and experience of the Offeror as demonstrated by listing past and current projects including references with names and current telephone numbers; and, list of subcontractors if applicable. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 4 of 33 WRMC Moncrief Lighting Retrofit(February 2019) 5. Past relationship with.the City(10 points)—Offeror's Fast relationship with the City of Fort Worth for "vertical" facilities projects shall receive uto 10 points for this rating criterion. If the Offeror does not have a past relationship with t�e City of Fort Worth, the Offeror will receive 5 points for this rating criterion. 6. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the Request for Proposal (RFF), the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the -- selected Offeror options for a scope or time modification and ; ny price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY/WOMAN BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL) Minority/Woman Business Enterprise Provisions: As of June 1, 2012, The City of Fort Worth implemented a new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During — this transition period interested Offerors must obtain a MA(Vi3E listing from the M/WBE Office. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six_(6 -count geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority/Women Business Enterprises (M/WBE) in the procurement-of goods and _ services. If the total dollar value of -the contract is greater than $50,000, then an M/WBE subcontracting goal may be applicable. The MBE goal on this project is 10% — Offerors must submit a Utilization Plan within 5 business days of submitting their Best Value Proposal. The information shall include: (1) the name, address and telephone number of each M/WBE; (2)the description of the work to be performed by each M/WBE; and (3)the approximate dollar amount/percentage of the participation. Refer to the attached City of Fort Worth Best Value Utilization Form. A Minority/Woman Business Enterprise is defined as a I:,usiness concern located, in the Marketplace meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any 'T publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. The business must be certified prior to recommendation of award in order for the,participation to be counted towards the established goal. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 5 of 33 t WRMC Moncrief Lighting Retrofit(February 2019) Offerors must submit the best value utilization form within 5 business days of submitting their Best Value Proposal. If an Offeror is certified as a DBE, MBE, SBE or WBE firm, please be aware that the City's Ordinance does not allow a certified company to count itself towards the established goal; the goal represents subcontracting opportunities. If an Offeror (regardless of certification status or if a non- D/M/S/BE), however, forms a joint venture with one or more MBEs, the MBE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated M/WBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure MBE participation. Failure to submit the M/WBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may render the proposal non-responsive. The M/WBE plan will be part of the final weighted selection criteria. 3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the i successful Offeror fails to execute the contract documents within ten (10) days after the contract has been awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to submit the Proposal Security will result in the Proposal not being considered for this project. Offeror's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must(1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas - and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed 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. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 6 of 33 WRMC Moncrief Lighting Retrofit(February 2019) 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 i the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s) of the work and the details of the requirements set cut in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the Offeror shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in sta`.ing prices in the proposal, the City reserves the right to adopt the most advantageous constructic n thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POST PROPOSAL - PREAWARD SUBMITTALS: Offerors are required to submit seven (7) copies of the following information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-2586), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: • Minority/Woman Business Enterprise Documentation (for proposals in excess of $50,000) • Contractors Qualification Statement(AIA Form A305), including client references • List of current projects& past projects built within the last 10 years, including owners' and architects' names with contact information for both current& past projects. • Proposed Subcontractors and Suppliers A— • Project Schedule • Schedule of Values (Breakout by CSI Divisions) • Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal 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: Should an Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of the Request for Proposal Documents by the Notice to Offeror; The Contractor is responsible for determining if addenda are available and for securing copies pror to submitting a response to this request for sealed proposals. Oral instructions or decisions un ess confirmed by written addenda will not be considered valid, legal or binding. No extras will b_� authorized because of failure of the contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor'- responsibility to obtain Addenda and include its information in the Proposal. Instruction to Offerors—Dalworth Lighting and Electrical, LLC Page 7 of 33 WRMC Moncrief Lighting Retrofit(February 2019) 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical,-gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed = information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, - site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. 19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business entity that wishes to enter into the contract must supply the completed, signed and notarized - Form 1295 to the City. 20. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and { nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation - for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by,any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 8 of 33 WRMC Moncrief Lighting Retrofit(February 2019) 21. House Bill 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification froln the company that it: (1) does not — boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel' and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor: (1) doE�s not boycott Israel; and (2) will not boycott Israel during the term of the contract. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 9 of 33 WRMC Moncrief Lighting Retrofit(February 2019) PROPOSAL T0: MR. DAVID COOKE CITY MANAGER ATTN: PURCHASING OFFICE 200 TEXAS STREET CITY OF FORT WORTH, TEXAS FOR: WRMC Lighting Retrofit—Moncrief Bldg&Watt Arena 3401 W Lancaster Ave. Fort Worth,Texas Project PMD2018-03 Pursuant to the foregoing "Instructions to Offerors,"the undersigned has thoroughly examined the plans, — specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS $345,127.00 Base Proposal 90 Calendar Days $ 25,884.00 Owner's Contingency Allowance (7.5%) added to Base Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth). $371,011.00 Base Proposal Plus Owner's Contingency Allowance ALTERNATES—Show Arena Lighting—Sheet E3.1 UNIT PRICES— NIA The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house 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 Instruction to Offerors Page 1 of 4 WRMC Moncrief Lighting Retrofit(September 2018) bidder would be required to underbid a non-resident bidder in order ci 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 to complete the forms may disqualify that bidder. Resident — bidders must check the box in Section B. A. 1_1 Non-resident vendors in (give state), our principal place _ of business, are required to be percent lower than resident bidders by state law. 1_I Non-resident vendors in (give state),are not required to underbid resident bidders. B. 1_x1 Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment. Bonds for the faithful performance of this contact. The attached deposit check in the sum of 5% Dollars ($ ) is to become the propenty of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional wort; caused thereby. MINORITY/WOMAN BUSINESS ENTERPRISE (M/WBE): (For Proposals in excess of$50,000) 1 am aware that I must submit information to the Director, Property Management Department, concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, f. Dalworth Lighting and Electrical, LLC Company Name By: Signatur Paul Moore President Printed Name of Principal' Title Address: 2701 Ludelle Suite 101 Street I Fort Worth, Texas 76105 City Zip Phone: 817-420-6400 Fax: Email: Paul(c0alworthlighting.com Receipt is acknowledged of the following addenda: Addendum No. 1: X Addendum No. 2: Addendum No. 3: Addendum No. 4:�_ Instruction to Offerors Page 2 of 4 WRMC Moncrief Lighting Retrofit(September 2018) CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as`City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Farm) and Local Government Officer Conflicts Disclosure Statement(the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work.The referenced forms may be downloaded from the website links provided below. gyp://www.ethics.state.tx.t�s/fonms/CtO.�df httD://www.ethic§.slaltx.gs/fonns/CIS.A CIQ Form is on file with City Secretary LV CIQ Porn is being provided to the CitySecrctary 0 CIS Form is on Pule with City Secretary 3 Form is being provided to the City Secretary BIDDER: Company (Please Print) " l � L► s}. �Q} Signature: I *'X"7K 14#2� -- -------Title: 11 r, t. City/State/4 (Please Print) Instruction to offerors—Dalworth Lighting and Electrical,LLC Page 13 of 33 WRMC Moncrief Lighting Retrofit(February 2019) w CONFLICT OF O+NTERES d QUESTIONNAIRE , FORM COQ L For vendor doing business with local governmental anMy This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session, OFFiCEUSEONLY This questionnaire is being filed In accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entily and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the loaf governmental entity not later +' than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.005(a-1),Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006,Local Government Code. An offense under this section is a misdemeanor. lj Name of vendor who has a business relationship with local governmental entity. 2 Checkthis box If you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was Incomplete or Inaccurate) 21 Name of local goverrimentofficer about whom the Information Is being disclosed. Name of Of kw Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A).Also describe any family relationship with the local government officer. Complete subparts A and B for each employmento business relationship described. Attachadditionalpages tothis Form CIO as necessary.. A. Is the local govemment officer or a family member of the officer receiving or likely to receive taxable incomo, other than Investment inerts,from the vendor? El Yes FlNo (� B. Is the vendor receiving or likely to receive taxable income,other than investment Income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes No 5 Describe each employment or business relationship that the vendor named In Soction 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership Interest of one percent or more. 6 " eck this box if the vendor has given the local govemment offiosr or a family member of the officer one or more gifts [!As `+ s described in Section 176.003(a)(2)(B),excluding gifts described in Section 1?6.003(a-1). /�o7 Siture of vendor doing business with the governmental entity M1 Etectricai,LLC www.ethics.state.tx.us Page 14 of 33Rovibnd1irswol5 WRMC Moncrlef Lighting Retrofit(February 2019) PART'I -CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.b(.us/Docs/LG/hbWLG.176.htm. For easy reference,below are some of the sections cited on this fon-n. Local Goyamment Code-4176.001(1-a):"Business relationship"means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal,state,or local governmental entity or an agency of a federal,state,or local governmental entity; (B) a transaction conducted at a price and su*d to terms available to the public;or (C) a purchase or lease bf goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by,and reporting to,that agency. 1,1 LOCAL GOVERNMENT CODE S 176.0031AH (A) )AND(B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: Rf• (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than Investment income, that exceeds $2,500 during the 12- month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed;or (ii) the local governmental entity is considering entering Into a contract with the vendor', (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than$100 in the 12-month period preceding the date the officer becomes aware that: (1) a contract between the local govenvnental entity and vendor has been executed; or (ii) the local governmental entity is'considering entering into a contract with the vendor. .2 LOCAL GOVERNMENT CODE S 176.006(A)AND(A-1) (a) A vendor shall file a completed conflict of interest questionnaire If the vendor has a business relationship with a local governmental entity and: (1)-has an employment or other business relationship with a local government officer of that local govemmental entity,or a family member of the officer;described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity,ora family member of the officer,one ormoregrRswith the aggregate value specified by Section 176.003(a)(2)(B),excluding any gift described by Section 176.003(a-1);or "' (3) has a family relationship with a local government officer of that local govemmontalentity. (&-I)Thaco*)eWaoatiictoftnnarstqucWonnsiremnstbe8ledwbt>itt eapproprieter=mbadmini*ew notbater then the seventh business day atter the later of: (1) the date that the vendor. (A) begins discussions or negotiations to enter Into a contract with the local governmental entity;or (B) submits to the local governmental entity an application, response to a request for MR proposals or bids, correspondarce, or another writing related to a potantial contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer,or a family member of the officer,described by Subsection(a); (B) that the vendor has given one or more gifts described by Subsection(a);or (C) ofa family relationship with a local govemment offlcer. instruction to Offerors—Dah+worth Ughtfty and Electrical,LLC Page 15 of'33 WRMC Moncrief Lighting Retrofit(February.2019) LOCAL GOVERNMEW OFFICER tzopm(tom 0s (instructions forcomp)eting and Ming this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USEONLY This is the notice to the appropriate local govemmental entity that the following,local government officer has become aware offacts that require the officer to file this statement Dale Received inaccordancewithChapter176,Local Government Code. 1 fume of Local Government Officer 2 Office Held 3 Blame of vendor described by Sections 476.001(7)and 176.003(aj, Local Governmont Code 4 Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named In Item 3. 6 .List gifts acce oted the local government officer and any family member,If aggregate value of the gifts accepted 9 p by gg p from vendor named In item 3 exceeds$100 during the 12-month period described by Section 176.003(a)(2)(8). Date Gift Accented [?ascription of Gift Date Gift Accepted Description of Glit Date Gift Accepted Dosaription of Gift (attach additional forms as necessary) 6 AfFiDAViT 1 swear under penalty of perjury that the above$taEetnont is true and correct.I acdCnowtedge that the disclosure applies to each family member(as defined by Section 176.001(2), local Government Code)of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B),Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP ! SEAL ABOVE Swomto an d subscribed beforome.by the eak3 ,�� this the__arlay of 20_,to cedily which,witness my hand and seat of office. Slgnature of officer adfninlsterinp oath Printed name of offioaradminlstering oath Title of officer admtniatering oath Instruction to Ofterors—Dalworth Lighting and Fiectrical,LLC Page 16 of 3 VVF"MouhW blgffk@d 'oth1& gablisl"10019) www.ethtcs.state.tx.us Revised 11/30/2015 Q LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A 'local government officer"is defined as a member of the governing body of a local governmental entity; a director,superintendent, administrator,president,or other person designated as the executive officer of a local governmental entity;or an agent of a local governmental entity who exercises discretion in the planning,recommending,selecting,or contracting of a vendor.This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware ofthe facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003,Local Government Code.An offense under this section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. PART 2- INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. - 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of vendor described by Sections 176._001(7) and 176.003(a), Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code;b)has given to the local government officer or a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code;or c)has a family relationship with the local government officer as defined by Section 176.001(2-a),Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A),Local Government Code,and each family relationship the vendor has with the local ' government officer as defined by Section 176.001(2-a),Local Government Code. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code)by the local government officer or family member of the officer from the vendor named in item 3 that in the aggregate exceed$100 in value. 6.Affidavit. Signature of local government officer. Local Government Code § 176.001(2-a): "Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity,as those terms are defined by Subchapter B,Chapter573,Government Code. PART 3- LOCAL GOVERNMENT CODE§176.003(A)(2)(A): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 17 of 33 WRMC Moncrief Lighting Retrofit(February 2019) 01-339(Be*) ® w. (RN:4.1W) Texas Sales and Use Tax Exemption Certifcatiov This certificate does not require a number to be valid. Name of purchaser,firm or agency City of Fort Worth,Texas Address(Stmetdnumber,P.O.BoxorRoutenumber) Phone(Area code andnumber) 200 Texas Street 817392-8360 City,Slate,ZIP code Fort Worth,Texas 76102 I,the purchaser named above,claim an exemption from payment of sales and use taxes(forthe purchase of taxable items described below or on the attached order or invoice)from: Seller. All Vendors Street address: City,State,ZIP code: Description of items to be purchased or on the attached order or invoice: All items. Purchaser acknowledges that this Certificate cannot be used for the purchase,lease or rental of a motor vehicle. Purchaser claims this exemption for the following reason: Municipality,Governmental Entity _ understand that I will be Gable for payment of all state and local sales or use taxes which may become due for failure to comply with R the provisions of the Tax Code and/or all applicable law. l understandthatitisecriminstoffensetogiveanexemptioncettihcatetothesellerfortaxableite�ns Matlknow,atthe Umeofpurchase, Wilbeusedinamanneradherthanthatexpressedinthiscertificate,anddependingonthe amou,i toftaxevaded,Meoffense mayrange from a Class C misdemeanor to a felony of the second degree. Purchaser Title Date sign' Finance Director Self/ �j MIA " here NOTE: This certificate cannot be issued for the purchase,lease,or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID. Sales and Use Tax"Exemption Numbers"or"Tax Exempt"Numbers do not exist This certificate should be furnished to the supplier. Do Msend the completed certificate to the Comptroller of PubllcAccourds. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 18 of 33 WRMC Moncrief Lighting Retrofit(February 2019) 2013 PREVAILING WAGE RATES Commercial Construction Projects CLASSIFICATION • AC Mechanic $ 25.24 AC Mechanic Helper $ 13.67 Acoustical Ceiling Installer $ �. 16.83 Acoustical Ceiling Installer Helper 12.70 Bricklayer/Stone Mason $ 19.45 Bricklayer/Stone Mason Trainee 13.31 Bricklayer/Stone Mason Helper $ 10.91 Carpenter $ 17.75 Carpenter Helper $ 14.32 Concrete Cutter/Sawer 17.00 Concrete Cutter/Sawer Helper $ 11.00 Concrete Finisher $ 15.77 Concrete Finisher Helper $ 11.00 Concrete Form Builder 15$27 Concrete Form Builder Helper $ 11.00 Drywall Mechanic $ 15.36 Drywall Helper $ 12.54 Drywall Taper $ 15.00 Drywall Taper Helper $ 11.50 Electrician(Journeyman) $ 19.63 Electrician Apprentice(Helper) $ 15.64 Electronic Technician $ 20.00 Floor Layer .18. 00 Floor Layer Helper $ 10.00 Glazier $ 21.03 i Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 19 of 33 WRMC Moncrief Lighting Retrofit(February 2019) Glazier Helper $ 12.81 Insulator $ _ 16.59 Insulator Helper $ —' 11.21 Laborer Common $ 10.89 Laborer Skilled $ 14.15 Lather $ 12.99 Metal Building Assembler $ 16.00 Metal Building Assembler Helper $ _ 12.00 Metal Installer(Miscellaneous) $ 13.00 Metal Installer Helper(Miscellaneous) $ 11.00 Metal Stud Framer $ 16.12 Metal Stud Framer Helper $ 12.54 Painter $ 16.44 Painter Helper $ 9.98 — Pipefitter $ 21.22 Pipefitter Helper $ 15.39 Plasterer $ 16.17 Plasterer Helper $ 12.85 Plumber $ 21.98 Plumber Helper $ 15.85 Reinforcing Steel Setter $ 12.87 Reinforcing Steel Setter Helper $ 11.08 Roofer $ 16.90 Roofer Helper $ 11.15 Sheet Metal Worker $ 16.35 Sheet Metal Worker Helper $ 13.11 Sprinkler System Installer $ 19.17 — Sprinkler System Installer Helper $ 14.15 Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 20 of 33 •— WRMC Moncrief Lighting Retrofit(February 2019) Steel Worker Structural 17.00 Steel Worker Structural Helper $ 13.74 Waterproofer $ 15.00 Equipment Operators = Concrete Pump $ 18.50 Crane,Clamshell, Backhoe, Derrick, D'Line Shovel 19.31 ` Forklift $ 16.45 Foundation Drill Operator $ 22.50 Front End Loader $ 16.97 Y Truck Driver $ 16.77 Welder $ r 19.96 Welder Helper $ 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry(Fall 2012)Independently compiled by the Lane Gorman Trubitt,PLLC Construction Group. The descriptions for the classifications listed are _ provided on the TEXO's(The Construction Association)website. www.texoassociation.org/Chapter/wagerates.asp i •i !1 Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 21 of 33 WRMC Moncrief Lighting Retrofit(February 2019) CITY 4F FORT WORTH WEATHER TABLE Average Days Month of Inches of RainNI RainlSnow/lce uary 6 2.51 Februa 7 2.23 March 9 3.49__ nil 7 2-97__May 10 4.56_ ne 8 3-31 ty 4 1.83 ugust 5 1-88 ember 5 2.34_ October 7 3.65 November 7 2.70_ December 6 2-34 Annually 81 33.81 . (1)Mean number of days predpitation of 0.01"or more or 1!2'snowAce (2)Average nominal precipitation,i3 incites This table is based on information reported from Dallas-Fort Worlh International Airport, Texas.Latihrde 32 deg 54 min north,longitude 97 deg 02 mm we s� elevation(ground)551 ft. Average number of days of rain,snow,and ice days are based ioi i records covering 21 years. Prec~is based on recorded information from 1996 through 2016 period. This table is to be used as a baisis for calculation of excess rain c r weather days for projects with duration in calendar days_If the site records indicate that the Contractor was unable to carry out operations due to weather,it is counted as.a weather d a y.If the number of weather days exoeeds the number of average rain days plus the snowfice days for the oxntrad duration,the contract will be adjusted by Change Order. _ Fort Worth Weather TaWe 24 Apn7 2M7 Instruction to Offerors—Dalworth Lighting and Electrical, LLC Page 22 of 33 to WRMC Moncrief Lighting Retrofit(February 2019) City of Fort Worth, Texas Property Management Department .� Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to,the Contract, Notice to Bidders,Proposal,General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda,Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner,or Change Order,or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order.to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four originals,with all required attachments,including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor 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 of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract.The.intention of the Contract Documents being to provide for all labor,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-S INTERPRETATIONS: 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. The.Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor, or Owner,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. .In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents,the evaluation of work or materials performed or furnished by the Architect Contractor,or y 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. A-9 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. General Conditions of the Contract for Construction Lump Sum Contract Page 1 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 A-10 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor electronic working Drawings and 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. A-11 MINORITY BUSINESS ENTERPRISE (MBE) POLICY: As of June 1, 2012, The City of Fort Worth has implemented Business Diversity Ordinance(BDO)to reflect the City's availability and disparity study findings and recommendations. During this transition period, interested Offerors must obtain an MBE listing from the M/WBE Office at 817-212-2674. This will ensure that the MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the six (6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of:Tarrant, Dallas, Denton, Johnson, Parker and Wise.Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)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 proposals are included. The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other ! federally funded Projects. A-12 AGE: In accordance with the policy("Policy")of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the 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 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. A-14 IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes — provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement.Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement.Vendor shall establish appropriate procedures and controls$o that no services will be performed by any employee who is not legally eligible to perform such services.Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties o�liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. T A-15 HOUSE BILL 89: Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1)does not boycott Israel; and (2)will not boycott Israel during the term of the contract. The -- terms"boycott Israel"and"company"shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor:(1)does not boycott Israel;and(2)will not boycott Israel during the term of the contract. General Conditions of the Contract for Construction Lump Sum Contract Page 2 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical, LLC February 2019 SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: The Architect is the person or person lawfully licensed to practice architecture identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. B-2 DUTIES OF THE ARCHITECT: As used herein,the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-3 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-4 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-6 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-7 MISCELLANEOUS Shop Drawings, Submittals and Samples: The Architect will review Shop Drawings, Submittals and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Change Orders: Change Orders, Owners Contingence Allowance forms, and Field Orders for Minor Changes in the work will be issued by the Owner through the Architect. Guarantees: The Architect will receive all written guarantees and related documents required of the Contractor.Upon completion of the project the Contractor shall provide the Owner three copies of each guarantee. Inspections:The Architect will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Substantial Completion. Operation and Maintenance Manuals:The Architect will receive on behalf of the Owner one hard copy and two digital copies of all applicable equipment installation,operation,and maintenance brochures and manuals required of the Contractor. B-8 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Property Management Department,or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER y 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, and Director of the Property Management Department and members of the Facilities Management Division. A designated representative will be identified from within the Facilities Management Division to act as a point of contact for day-to-day contract administration. General Conditions of the Contract for Construction Lump Sum Contract Page 3 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work;provided, however,that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other 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 Architect. C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and -- progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS: The Owner and 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 and Architect will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and — Specifications. Whenever, in its reasonable opinion, the City considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications,the City 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. The Contractor shall be responsible for the cost of special inspections and testing for work that is found not to comply — with the plans and specifications. 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 tc 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 by the Architect 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. C-9 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. R 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 allocable 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. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified a�such in the Contract.The term Contractor means the Contractor or his authorized representative. General Conditions of the Contract for Construction Lump Sum Contract Page 4 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical,LLC February 2019 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 respondent superior shall not apply. D-3 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 approved Submittals, Drawings, Specifications and Interpretations. D-4 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable 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-5 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 Contractor 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 the Contractor 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-6 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE -Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258,Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the, City, pay to the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 3111 day after the date the City receives the information,as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to paragraph (c)above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work,maintain records that show(i)the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract; and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. Posting of Wage Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs(a)through(g)above. t On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs. General Conditions of the Contract for Construction Lump Sum Contract Page 5 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 D-7 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 goop 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. Prior to occupancy of the Project by the Owner,the Contractor warranties and obligations to correct defective Work exclude remedy _ for damage or defect caused by (i) abuse by the Owner's separate contractors, or(ii) modifications made by the Owner or the Owner's separate contractors. After occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse, (ii) modifications not executed by the Contractor, (iii) improper or insufficient maintenance,(iv)improper operation,(v)normal wear and tear, or(vi)normal usage. 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-8 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. 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. D-9 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 City of Fort Worth Building and Trade Permit 'F fees are waived. Separate permits may be required for each work location.If the Contractor allows any permit to expire,he shall be responsible for all renewals including any associated fees. 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 Architect and Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect and Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-10 CASH ALLOWANCES: The Contractor shall include in the Contract $um 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-11 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 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-12 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-13 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof,the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-14 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the Architect's and Owner's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project and indicate critical path.This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work,subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule to the Architect and Owner at least monthly for approval along with the Contractor's monthly progress payment requests. General Conditions of the Contract for Construction Lump Sum Contract Page 6 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 D-15 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good • order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work. The Architect will prepare,and provide to the Owner,one complete set of reproducible record drawings of the Work. D-16 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.These may be provided in an electronic format acceptable to the Architect. 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.Three copies of all physical examples shall be provided. The Contractor shall review,approve, 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,three 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. 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-17 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,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. D-18 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his.Work that may require making its several parts fit together properly, and shall not endanger any Work by cutting,excavating or otherwise altering the Work or any part of it. D-19 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment,machinery and surplus materials,and shall clean all glass surfaces and leave the Work"Broom-clean"or its equivalent,except at otherwise specified. In 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-20 COMMUNICATIONS: The Contractor shall forward all communications to the Owner through the Architect. D-21 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. General Conditions of the Contract for Construction Lump Sum Contract Page 7 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and"the Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The Contractor shall furnish a list of the narnes 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 or anization 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 thei 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 BUSINESS ENTERPRISE (MBE): Should the base proposal bo $50,000 or less, the requirements of this — section do not apply. As of June 1, 2012, The City of Fort Worth is implemented a new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period, interested Offerors must obtain a MBE — listing from the M/WBE Office. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency(NCTRCA)located in the six(6)-county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. -� In accordance with City of Fort Worth Diversity Business Ordinance (BDO) No 20020-12-2011 (the"Ordinance"), the City of Fort Worth sets goals for the participation of Minority Business Enterprises (MBE) in City contracts. Ordinance No 20020-12-2011 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The MBE documentation required by the procurement solicitation must be submitted within five city business days after the proposals are opened. Failure to comply with the City's Business Diversity Ordinance, or to demonstrate a "good faith effort",shall result in a bid being considered non-responsive. General Conditions of the Contract for Construction Lump Sum Contract Page 8 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical,LLC February 2019 During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the M/WBE Office and the designated representative identified from within the Facilities Management Division. Contractor must provide the City with complete and accurate information regarding actual work performed by an MBE 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 its possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts = and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than three(3)years. The failure of an Offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein,may result in the Offeror being determined to be an irresponsible Offeror and barred from participating in City work for a period of time of not less than one(1)year. The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more,the M/WBE Office Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall: 1. Make no unjustified changes or deletions in its MBE participation commitments submitted with the bid/proposal or during negotiation,without prior submission of the proper documentation for review and approval by the M/WBE Office. 2. If substantial subcontracting .and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, .the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections of the Ordinance,exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the M/WBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract,the Contractor wishes to change or delete one or more MBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following: — 1. An MBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or 2. An MBE's-failure to provide evidence of general liability or other insurance under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1)the limits required of the Contractor by the City; or 2)the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non-MBE subcontractors/sub consultant's or suppliers;or 3. An MBE's failure to execute the Contractor's standard subcontract form, if entering a subcontract is required by the Contractor in its normal course of business, unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work;or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month;or c) Any limitation being placed on the ability of the MBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice — of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. 4. An MBE defaults in the performance of the executed subcontract. In this event,the Contractor shall: a) Request bids from all MBE subcontractors previously submitting bids for the work, b) If reasonably practicable,request bids from previously non-bidding MBEs,and C) Provide to the MNVBE Office documentation of compliance with(a)and(b)above. 5. Any reason found to be acceptable by the M/WBE Office in its sole discretion. 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-MBEs, used on the project. General Conditions of the Contract for Construction Lump Sum Contract Page 9 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 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 regeived 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 ECONOMIC DEVELOPMENT ADMINSTRATION (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 R 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. 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- 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 contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the 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 separ4te 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 -w General Conditions of the Contract for Construction Lump Sum Contract Page 10 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical,LLC February 2019 and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting,fitting or patching of his Work that may be required to fit it to 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 borne by the party responsible therefor. y F4 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 Project Management Department 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 govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal,State,and County and City Laws,Statutes,Charter,Ordinances,Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws,Statutes,Charter,Ordinances,Regulations,or Directives,whether by himself,his employees,agents or subcontractors. G-2 ' GOVERNING LAWS: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the 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. G-4 COMPLIANCE WITH LAWS: Contractor agrees to comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap, impact & access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their t 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 negligence or alleged negligence of Owner,its officers,servants,or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers,servants and employees and any damage,loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not any such injury or damage is caused in whole or in part by the negligence or alleged negligence of Owner,its officers,servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment,final payment shall not be made until Contractor either(a)submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved,or(b)provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2,this contract shall be binding upon and insure to 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 4 the prior written consent of Owner shall be void. General Conditions of the Contract for Construction Lump Sum Contract Page 11 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 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 510 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. Epch bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in complipnce 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 i he 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 capi al 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$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 completed and accepted by the City. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract,the Owner may,without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. — G-10 ROYALTIES AND PATENTS: The Contractor 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 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 determines that any work requires special inspection, testing or approval not ^^ included above, the Architect, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply(1)with the requirements of the Contract Documents or(2)with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction,the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection,testing or approval,and three copies will be promptly delivered by him to the Architect.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 obliclations 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 senlice from the existing utility,an interruption General Conditions of the Contract for Construction Lump Slim Contract Page 12 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical,LLC February 2019 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 the Architect for adjustment before w work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work,the Contractor shall 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 Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work,the Contractor shall verify all measurements at the site or at the 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 that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment.Any such work shall be moved, replaced or protected, as required,whether or 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. 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 performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible.This includes heating registers, light fixtures,equipment,etc. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and 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 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 shall be maintained between parallel lines and/or adjacent wall,floor or ceiling surfaces.. General Conditions of the Contract for Construction Lump Sum Contract Page 13 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical, LLC February 2019 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 inspectic n of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods reccrnmended 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 cleaned and polished and all equipment and paint or decorated work shall be — cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building,the grounds, approaches,equipment,sidewalks, streets,etc.shall be cleaned similar to interior of — buildings and left in good order at the time of final acceptance. 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 borne by Contractor. 10. Cleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all wort;under the Contract. 11. Burning:Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, o when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to c introl 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. General Conditions of the Contract for Construction Lump Sum Contract Page 14 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical,LLC February 2019 G-26 PROJECT CLOSEOUT Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual:Sheets shall be 8'/z"x 11",except pull out sheets may be neatly folded to 8'/2"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) Manufacturers name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other materials. Submit two digital electronic copies and one hard copy of Maintenance Manuals,prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturers 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 manufacturer's normal extended warrantees,the Contractor shall warrant all work materials,and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be'defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 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: The Contractor.shall provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY,STORAGE,HANDLING: The Contractor shall handle,store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 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. General Conditions of the Contract for Construction Lump Sum Contract Page 15 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive7B ids 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 ope ling and upon request of the Contractor, the Contractor will submit a full sized sample and/or detailed information as required to all w the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as"no substitute acce�ted"; 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 completi:an of the Work and is the number of calendar days elapsing between the date of commencement and the date of Substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner and additional weather days beyond what is allotted in the contract. The Date of Commencement of the Work is the date established in the Notice to Proceed.If there is no notice to proceed,it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents,so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Owner,and no other form of acceptance will be binding upon the Owner. — A Calendar Da v 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 Da v is defined as a calendar day, not including Saturdays, Sundays, an_I 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. Legal holidays for the City of Fort Worth are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, and the day after Thanksgiving. Christmas Day, Memorial Day and Martin Luther King Jr.Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 CONSTRUCTION WORK: Noise created by construction work within three r undred(300)feet of an occupied residential structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as follows: Before 7:00 a.m.or after 8:00 p.m.Monday-Friday Before 9:00 a.m.or after 8:00 p.m.Saturday-Sunday H-4 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 changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control,or by any cause which the Architect determines may justify the delay,then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions,the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fi(�een 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 interpretation$shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days afjer demand is made for them, and not then unless such a claim is reasonable. H-5 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. General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical,LLC February 2019 SECTION I T 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 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 and Owner of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as"liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrancethereon 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. 1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above,the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment,with a copy to the Contractor,for such amount determined to be properly due,or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the Architect'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 i 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 Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Owner. 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 Substantial } Completion.For contracts in excess of$400,000,the Owner will retain only 5%of each estimate until Substantial Completion. 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 specked. 1-5 PAYMENTS WITHHELD: The Architect may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as 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; 4 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; General Conditions of the Contract for Construction Lump Sum Contract Page 17 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 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. 1-6 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 1-7 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. 1-8 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 City shall inspect the project with the Contractor and the contractor will 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 Substantial 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 30 calendar days. When the Certificate of Occupancy has been issued,the retainage may be reduced to 4%. .� Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced 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 contract time will again commence. Should the Contractor fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion -- of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims(G706)stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property alight 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 Owr er. 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 I General Conditions of the Contract for Construction Lump Sum Contract Page 18 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien,including all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. . w 1-9 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work.The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage,injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal,relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever,whether arising from the execution or from the non-execution of the Work.The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. 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 danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous.materials or equipment is necessary for the execution of the Work,the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor,or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors. Contractor shall provide 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. General Conditions of the Contract for Construction Lump Sum Contract Page 19 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires,the Contractor shall include a per-unit cost for trench safety measures in his bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K-INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all ! insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until pill 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- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project("subcontractor"in section 406.09(3)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply deliveries,and delivery of portable toilets. 3) 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 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 pro ect,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing s#rvices on the project;and General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice, in the text, form and mariner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project,for the duration of the project; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom 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 Worker's 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 Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type,and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text,without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE 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. General Conditions of the Contract for Construction Lump Sum Contract Page 21 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 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 clean-up costs. K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, 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 ald earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writin`!,before terminating this insurance. ' K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Property Management 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 and/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 or non-renewal in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this — Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expen e,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy p�emiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance cov:rages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance"as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. — 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors, SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the t Contract Time may be changed only by Change Order. i General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 27 WRMC Moncrief Lighting Retrofit–Dalworth Lighting and Electrical,LLC February 2019 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, Property Management Department. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon;or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon,the Contractor, provided he receives a Change Order,shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases,the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed,the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended,the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. 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$100,000. 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. 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. t No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner,shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, 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 LlfjM. 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent1( 0%). 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. General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 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 is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Architect or Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear 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 Own=_kr. Defective or non-conforming work shall be completed in a timely manner. The Contractor shall respond and/or repair any work that is deemed an emergency by the City within 24 hours. The Contractor shall respond) and/or repair any other defective or non- conforming work within three working days. 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 Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor.If the Contractor does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are.not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work,the Owner may lorrect it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I,then the Contractor may after the end of such period of 30 days and upon seven additional days'written notice.to the Owner,terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt,or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency,or if the Contractor refuses,except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify:;uch action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7)days'viritten notice,terminate the employment of the Contractor and take possession of the site and of all materials,equipment,tools,com;truction equipment and machinery thereon General Conditions of the Contract for Construction Lump Sum Contract Page 24 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services exceed the unpaid balance of the Contract,the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) 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 allocable 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. SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for"Project Designation Signs."This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. The Contractor may install their company sign and shall allow the Architect to install their company sign. No other signs will be allowed. SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. = P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under$1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field.office building for himself, his subcontractors and use by the Architect and Owner. For construction contracts with a bid price in excess of$1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather,and each office shall have a lockable door,at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months,the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office:one desk,four chairs, plan rack and a four drawer filing cabinet(with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for his use.Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed,or as directed. P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection(WIFI)for the City and Architect. w General Conditions of the Contract for Construction Lump Sum Contract Page 25 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary anal adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages,pressures,frequencies,etc.will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on — the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines,lights,heating plant,air conditioning system,pumps,and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed,in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event,the lighting intensity shall not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. ` b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7)days previous to the placing of interior finish materials and throughout the placing of finish painting, .r decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, _ barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner,all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other .requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall,drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the — approval of the Owner and shall be maintained for the duration of the construction pericd or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish,install and maintain during the life of the project a weather- — tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Owner, In a prominent place accessible to employees of the Contractor and sub-contractors, and to applicants for employment. The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work. The fol owing information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable — condition at all times for the duration of the Contract. General Conditions of the Contract for Construction Lump Sum Contract Page 26 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 w a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Form 38). b. Wage Rate Information Poster(Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. .� SECTION Q .VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. Olt +14 M M General Conditions of the Contract for Construction Lump Sum Contract Page 27 of 27 WRMC Moncrief Lighting Retrofit—Dalworth Lighting and Electrical,LLC February 2019 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT(LUMP SUM) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § This agreement made and entered into this the 12th day of February A.D., 2019, by and .. between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular, meeting of the City Council of said City, hereinafter called OWNER, and Dalworth Lighting and Electrical, LLC of the City of Fort Worth County of Tarrant, State of Texas, hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even — date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: City of Fort Worth WRMC LIGHTING RETROFIT—MONCRIEF BLDG &WATT ARENA 3401 W Lancaster Ave Fort Worth, Texas PM D2018-03 City Project#101205 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, — tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and — made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10)days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $371,011.00. Including the Base Proposal ($345,127.00), Owner's Contingency Allowance ($25,884.00), and NO Alternates. Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of — the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 23 of 33 _ WRMC Moncrief Lighting Retrofit(February 2019) a. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: ._ $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. C. BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident. • The policy shall cover any auto used in the course of the project. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s)of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. g. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub- contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 24 of 33 WRMC Moncrief Lighting Retrofit(February 2019) insured on Contractor's insurance policies excepting e,mployer's liability insurance coverage under Contractor's workers'compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 Texas Street, Fort Worth, TX 76102, prior to commencement of work on the — contracted project. C. Any failure on part of the Owner to request required insurance documentation shall _ not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. Deductible limits,or self-funded retention limits, on es.ch policy must not exceed $10,000.00 per occurrence unless otherwise approved by the Owner. g. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk r_.tention groups. The Owner must approve in writing any alternative coverage. h. Workers'compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. A � i. Owner shall not be responsible for the direct paym :nt of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. _ k. In the course of the project, Contractor shall repot, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could _ give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. _ If this Contract is in excess of$25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of ort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a peralty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficie-icy. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 25 of 33 -� WRMC Moncrief Lighting Retrofit(February 2019) IMMIGRATION NATIONALITY ACT. City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I- 9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Done in Fort Worth, Texas,this thday of 61 Qv/iL A.D., 2019. Dalworth Lighting and Electrical, LLC 4APP,, D: ORTH By: B aulMoore ..� President 1��Assistant City Manager O� APAPRL R M RECORDED: „�: ,••.,per By: By: ?_ U �' R g r aUes aryJ. eIn erim ireroperty Management Dept. City Secretary * '•., APPROVED AS TO FORM AND LEGALITY: X 4' By: i M&C C-29037 21-in B. StrongM&C Date 2/12/2019 Assistant City Attorney Form 1295 No 2018-414448 Contract Compliance Manager: — By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all apeerformance and reporting requirements. Brian R. Glass,AIA OFFICIAL Architectural Services Manager CITY SECRETARY *� Instruction to Offerors—Dalworth Lighting and Electrical,LLC -� WORTI§®gFX6 33 WRMC Moncrief Lighting Retrofit(February 2019) _ Bond# 1016284 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Dalworth Lighting and Electrical LLC , known as "Principal" herein, and Oklahoma Surety Company I a corporate surety (sureties), duty authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, Three Hundred Seventy-One Thousand, Eleven Dollars and No Cents($371,011.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: i WHEREAS, Principal has entered into a certain written Contract with City, awarded the 1211 day of February , 2019, which Contract is hereby referred to and made a part hereof for MR all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as WRMC Lighting Retrofit — Moncrief Bldg & Watt Arena located at 3401 W Lancaster Ave, Fort Worth, Texas (PMD2018-03) City Project# 101205. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in i accordance with the provisions of said statute. 1r Instruction to Offerors—Dalworlh Lighting and Electrical,LLC Page 27 of 34 WRMC Moncrief Lighting Retrofit(February 2019) w w IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 25th day of February 2019. PRINCIPAL: Dal-worth Lighting and Electrical,LLC ATTEST: BY;. ��- - S gnature (Principal) Secretary Narne and T itle Address: 2701 Ludelle Street,Suite 101 Fort Worth,Texas 76105 Witneij Vto Principal SURETY: Oklahoma Surety Company ATTEST: BY: Signature dN G'7 Michael A.Sweeney,Attorney-in-Fact (Surety) Secretary Sharon Hack] Name and Title i Address: 1437 S.Boulder,Suite 200 Tulsa,Oklahoma 74119 Witness as to Surety Elizabeth Gray Telephone Number: 918-587-7221 `Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. w � � �1 � Instruction to Offerors—Dalworth Lighting and Electrical,LLC Mae 28 of 34 WRMC Moncrief Lighting Retrofit(February 2019) — =i Bond# 1016284 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Dalworth Lighting and Electrical LLC known as "Principal' herein and Oklahoma Surety Company a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Three Hundred Seventy-One Thousand, Eleven Dollars and No Cents ($371,011.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 121" day of February , 2019, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as WRMC Lighting Retrofit — Moncrief Bldg & Watt Arena located at 3401 W Lancaster Ave, Fort Worth, Texas (PMD2018-03) { City Prosect# 101205. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 29 of 33 WRMC Moncrief Lighting Retrofit(February 2019) w This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the25thday of February , 2019. PRINCIPAL: Dalworth Lighting and Electrical,LLC BY: Signature ATT ST: (Principal)Secretary Name and Title Address: 1701 Ludelle Street,Suite 101 Fort Worth,Texas 76105 Witness a t ril ipal SURETY: Oklahoma Surety Company BY: Signature Michael A.Sweeney,Attorney-in-Fact Name and Title Address: 1437 S.Boulder, Suite 200 Tulsa,Oklahoma 74119 Witness as to Surety Elizabeth Gray Telephone Number: 918-587-7221 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shalt[tot be prior to the date the Contract is awarded. Instruction to Offerors—Dalworth Lighting and Electrical,LLC 30 of 33 WRMC Moncrief Lighting Retrofit(February 2019) = "�^•- I MID-CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY STATE OF TEXAS CLAIM NOTICE ENDORSEMENT In accordance with Section 2253.021 (f)of the Texas Government Code and Section 53.202(6)of the Texas Property Code, any notice of claim to the named surety under this bond(s)should be sent to: Mailing: MID-CONTINENT CASUALTY COMPANY OKLAHOMA SURETY COMPANY P.O. BOX 1409 TULSA, OK 74101 TELEPHONE NO. 1-800-722-4994 FAX NO. 1-918-586-0840 E-MAIL: CLAIMS@MCG-INS.COM Physical: 1437 S. BOULDER SUITE 200 TULSA, OKLAHOMA 74119 ATTACH THIS NOTICE TO YOUR BOND UPON EXECUTION OF THE BOND - TXclmendsmt07 OKLAHOMA SURETY COMPANY` - 1437 SOUTH BOULDER, SUITE 200-TULSA, OKLAHOMA 74119 - 918-587-7221 • FAX 918-588-1253 OWE OF ATTpRNEY KNOW ALL MEN BY THESE PRESENTS: That the OKLAHOMA SURETY COMPANY ,a corporation organized and existing under and by virtue of the laws of the State of Ohio,does hereby nominate,constitute and appoint the person or persons named below,each individually If more than one is named,its true and lawful attorney-in-fact,for it and In its name,place and stead to execute on behalf of the said Company,as surety,, any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof. Elizabeth Gray,Charles D. txey, Kyle W.Sweeney and Michael A.Sweeney,40 of FT 77 IN WITNESS WHEREOF,the OKLAHOMA SURETY COMPANY has caused thess;presents to be slgned and attested by its oppro. officers and%gorporate seal hereunto affixed this 15 day of July , 2016 ,�,.—.0.OAS O�o ,► OKLAHOMA SURETY COMPANY ►` ATTEST: SHARON H KC` Secretary TODD BAZATA VICE PRESIDENT On this 15 day of July 2016 before me personally appeared TODD BAZATA to me known,being duly sworn,deposes and says that s/he resides in Broken Arrow,Oklahoma,that s/he is a Vice President of Oklahoma Surety Company,the company described in and which executed the above instrument;that s/he knows the seal of the said Company;that the seal affixed to the said instrument is such corporate seal;that it was so affixed by authority of her/his office under the By-Laws of said Company,and that s/he signed his name thereto by like authority. Ill � A G Ai Lq,�',, ##OQ6253 STATE OF OKLAHOMA ���.;•'�q SS jv.jaQ } o;�' MyC ion expired: 0 —08-19 CQQNTLY.OF'111t. 0. ��; pU61-tom ' �. » .`. "Poe 10' ` r� ONER JULIE A Notary ry Public " This Power of Attorney is granted by authority of the fallawNg resolutions adopted by the Bird of Dlnedors of t)kl Surety Comp#try by unanimous written consent dated September 25,2009, RESOLVED: That the President,the Executive Vice President,the several Senior Vice Presidents and Vice Presidents or any one of them, be and hereby is authorized,from time to time,to appoint one or more Attorneys4n-Fact to execute on behalf of the Company,as surety,any and all bonds,undertakings and contracts of suretyship,or other written obligations in the nature thereof;to prescribe their respective duties and the respective limits of their authority;and to revoke any such appointment at any time. RESOLVED FURTHER: That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant Secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bond,undertaking,contract of suretyship,or other written obligation In the nature thereof,such signature and seal when so used being hereby adopted by the Company as the original, signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as thxurgh manually affixed. ■ CERTIFICATION i, SHARON HACKL Secretary of Oklahoma Surety Company,do hereby certify that the foregoing Power '< Attorney and the Resolutions of the Board of Directors of September 25,2009 have not been revoked and are now In full forte and effect. and sealed this 5th day of FObTtl 2019 ■ SEAL _o ,�,��•. .... -'�AR N HACKL Secretary ""'A"tb.1��! »Was VOID IF BOXa&EMRTY A�® CERTIFICATE OF LIABILITY INSURANCE DATE 2/2 X20 9Y' THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S),AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT. If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER UUNTACT Rachael Lawrence NAME: The Sweeney Company PHONE (817)457-6700 FAX Na: (817)457-7248 1121 E. Loop 820 South E-MAIL ADDRESS: P O BOX 8720 INSURERS AFFORDING COVERAGE NAIC M Fort Worth TX 76124-0720 INSURERA:Bitco Insurance Companies INSURED INSURER B:The Hanover Dalworth Lighting 6 Electrical Services LLC INSURER C: 2701 Ludelle St INSURER D: Suite 101 INSURER E: Fort Worth TX 76105 INSURER F: COVERAGES CERTIFICATE NUMBER:18/19 GENL REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. I TR TYPE OF INSURANCE ADDL SUER POLICY NUMBER MOLICY EFF FOLIC EXP LIMITS X COMMERCIAL GENERAL LIABILITY EACH OCCURRENCE $ 1,000,000 A CLAIMS-MADE 7 OCCUR DAMAGE TO RENTED 100,000 PREMISES Ea occurrence $ CLP 3677540 10/29/2018 10/29/2019 MED EXP(Any one parson) $ 10,000 PERSONAL&ADV INJURY $ 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER GENERAL AGGREGATE $ 2,000,000 POLICY [y]JECT 7 LOC PRODUCTS-COMP/OPAGG $ 2,000,000 ++ OTHER: $ AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT Ea ccident $ 1,000,000 a A X ANY AUTO BODILY INJURY(Per person) $ ALL OWNED SCHEDULED CIDP 3677539 10/29/2018 10/29/2019 BODILY INJURY(Per accident) $ AUTOS AUTOS NON-OWNED PROPERTY DAMAGE X HIRED AUTOS X AUTOS Par accident $ X UMBRELLALIAR X OCCUR EACH OCCURRENCE $ 5,000,000 A EXCESS LIAB CLAIMS-MADE AGGREGATE $ 5,000,000 DED I I RETENTION$ ICUP 2816453 10/29/2018 10/29/2019 $ WORKERS COMPENSATIONX PER OTH- AND EMPLOYERS'LIABILITY YIN STATUTE ER ANY PROPRIETOR/PARTNERIEXECUTIVE ❑ N/A E.L.EACH ACCIDENT $ 1,000,000 FICEA MF ndator In NH EXCLUDE 3677544 10/29/2018 10/29/2019 (Mandatory ) E.L.DISEASE-EA EMPLOYEE $ 1,000,200 If yes,describe under DESCRIPTION OF OPERATIONS below I I E.L.DISEASE-POLICY LIMIT 1$ 1,000,000 B Installation Floater IID)-DS30592-00 02/26/2019 10/29/2020 Jobsite Limit $800,000 Catastrophe Limit $800,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES( 707,Additional Remarks Schedule,may be attached U more space is required) Project:City of Fort Worth WRMC Lighting Retrofit-Moncreif Bldg 6 Watt Arena located at 3401 W Lancaster Ave, Fort Worth, TX #101205. The WC, GL and auto policies include a blanket automatic waiver of subrogation endorsement 6 the GL, auto policies include a blanket automatic additional insured endorsement providing additional insured 6 waiver of subrogation status to the certificate holder only when there is a written contract between the named insured 6 the certificate holder that requires such status. The GL and auto additional insured endorsement contains special primary 6 noncontributory wording. Umbrella follows form for additional insured 6 waiver of subrogation. The policies include an CERTIFICATE HOLDER CANCELLATION vicki.mcdonald@fortworthtexas SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF,NOTICE WILL BE DELIVERED IN and owner ACCORDANCE WITH THE POLICY PROVISIONS. 200 TEXAS STREET Fort Worth, TX 76102 AUTHORIZED REPRESENTATIVE Wade Shipman/RACH Y ©1988-2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered marks of ACORD INS025(201401) COMMENTS/REMARKS endorsement providing 30 days notice of cancellation (10 for non-pay of premium) to the certificate holder. OFREMARK COPYRIGHT 2000, AMS SERVICES INC. THIS ENDORSSOVVEM CHANGES THE POLICY. PLEASE READ R CAREFULLY. ADDITIONAL INSURED-OWNERS, LESSEES OR CONTRACTORS-CONFDLETED OPERATIONS This endorsement modifies insurance provided under the following: OOUVERCIAL GENERAL LIABILITY COVERAGE PART Section 11—Who is An Insured is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury' or"property damage" caused, in whole or in part, by"your work" at the project designated in the contract, performed for an additional insured and included in the "products-oompleted operations hazard". If the written contract or an additional insured endorsement required by the written contract requires that the additional insured be provided with coverage for "bodily injury' or "property damage" caused solely by their own negligence, then Section II—Who is An Insured cited immediately above does not apply and is r eplaoed by: Section 11—Who is An Insured is amended to include as an additional insured any person or organization required by the written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury'or"property damage"arising out of"your work"at the project designated in the contract, performed for an additional insured and included in the "products-completed operations hazard". Regardless of which of the aforementioned Section II—Who is An Insured amendments is applicable to the additional insured,the insurance afforded to the additional insured: 1. will only apply if the written contract requiring additional insured coverage was signed into effect by you and an additional insured prior to any"bodily injury'or"property damage" occurring for which this coverage is sought;and F 2. will only apply to the extent not prohibited by the law governing the project;and 3. will not apply to"property damage" in connection with a project where'your work" on the project was } completed and where the duration of the additional insured coverage requirement in the written contract governing "your work" on that project had expired by the time that "property damage" first occurred;and 4. will not apply to"property damage" in connection with a project where "your work"on the project was completed and where the"property damage" occurred after the mininnum time required for completed operations coverage in the written contract,if any,has expired. z The Limits of Insurance applicable to the additional insured under this endorsement are the minimum limits specified in the written contract requiring this coverage, or as stated in Section III—Limits of Insurance of the Commercial General Liability Coverage Form, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in Section III of that form. This insurance is excess of all other insurance available to the additional insured, whether excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designates the additional insured as a Named Insured and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance which the additional insured qualifies as an insured or additional insured,this insurance will be excess. Includes copyrighted material of Insurance Services Office, Inc.with its permission GL-5057(10(16) THIS ENDORSEIVEN r CHANGES THE POLICY. PLEASE Rf AD rr CAREFULLY. ADDITIONAL_INSURED—OWNERS, LESSEES OR CONTRACTORS—ONGOING OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART Section II—Who is An Insured is amended to include as an additionA insured arty person or organization _ who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury' or"property damage" caused, in whole or in part, by"your work" at the project designated in the contract, performed for an additional insured anc which occurred during your ongoing operations for that additional insured. If the written contract or an additional insured endorsement required by the written contract requires that the additional insured be provided with coverage for "bodily injury' or "property damage" caused solely by their own negligence, then Section II—Who is An Insured cited immediately above does not apply and is replaced by: Section II—Who is An Insured is amended to include as an additicxial insured arty person or organization required by the written contract to be an additional insured on your IxAicy, but only with respect to liability for"bodily injury'or"property damage" arising out of'your work" at the project designated in the contract, performed for an additional insured and which occurred during your ongoing operations for that additional insured. Regardless of which of the aforementioned Section II—Who is An Insured amendments is applicable to the additional insured,the insurance afforded to the additional insured: 1. will only apply if the written contract requiring additional insurai coverage was signed into effect by you and an additional insured prior to any"bodily injury'or"prgerty damage" occurring for which this coverage is sought;and 2. will only apply to the extent not prohibited by the law governing the project;and 3. will not apply to"bodily injury'or"property damage"occurring afte a All work,including materials,parts or equipment furnished in connection with such work, on the project (other than service, rraintenance or repairs) to be performed by or on behalf of the additional insured(s)at the location of the covered operations Has been completed;or b. That portion of"your work"out of which the"bodily injury'o. "property damage" arises has been ! put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. The Limits of Insurance applicable to the additional insured under this endorsement are the minimum limits specified in the written contract requiring this coverage, or as stated in Section III—Lints of Insurance of the Cormiercial General Liability Coverage Form, whichever is less. These Limits of Insurance are inclusive of and not in addition to the Limits of Insurance described in Section III of that form. This insurance is excess of all other insurance available to the additional insured, whether excess, contingent or on any other basis, unless the written contract requires this insuran)e to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designates the additional insured as a Named - Insured and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance 0-ich the additional insured qualifies as an insured or additional insured,this insurance will be excess. Includes copyrighted material of Insurance Services Office, Ii c.with its permission GL-5058(10/16) POLICY NUMBER: CLP 3 677 540 C:OMIMMAL GENERAL LIABILITY CG 02 05 12 04 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. TEXAS CHANGES--AUMDWI T OF CANCEL.LAl1ON PROVISIONS OR COVERAGE CHANGE This endorsen-ent modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART PRODUCT WITHDRAWAL COVERAGE PART PROOUCTSICOMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART In the event of cancellation or material change that reduces or restricts the insurance afforded by this Coverage Part, we agree to mail prior written notice of cancellation or material change to. SCHEDULE 1. Name: Any person or organization as evidenced by a certificate of insurance issued on the company's behalf by its licensed agent. 2. Address: a Number of s advance notice: 30 Information required to complete this Schedule, if not shown above,will be shown in the Declarations. CG 02 0512 04 ©ISO Properties, Inc.,2003 Page 1 of 1 THIS ENDORSEMENT CMNGaES THE POLICY. PLEASE RE IM rr CAREFULLY. BUILDERS EXTENDED LIABILITY OC"VERAGE This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE FORM It is agreed that the provisions listed below apply only upon the entry of an FX in the box next to the option of such provision. n A OX Partnership and Joint Venture Extension N. F_X1 Construction Project General Aggregate Limits B. r__1 Contractors Automatic Additional Insured O. ❑X Fellow Employee Coverage Coverage—Ongoing Operations P. FX Property Damage Liability-Elevators C. �X Automatic Waiver of Subrogation - O. FX Property Damage to the Named Insureds\Abrk D. �X Extended Notice of Cancellation,Nonrenewal R ❑X Care,Custody or Control E FYI Unintentional Failure to Disclose Hazards S. FX Concrete Rework Labor Reimbursement F. OX Broadened Mobile Equipment Coverage G. OX Personal and Advertising Injury-Contractual T. ❑X Lost Key Coverage Coverage U 0 Eectronic Data Liability Coverage H. � Nonemployment Discrimination _ V. FX Consolidated Insurance Program Residual I. [X Liquor Liability Liability Coverage J. ❑X Broadened Conditions W ❑X Automatic Additional Insureds—Managersor Lessors of Premises K FX Automatic Additional Insureds—Equipment Leases X ❑X Autorruc Additional Insureds—State or Governmental Agency or Political L. ❑X Insured Contract Extension-Railroad Property Subdivisions—Permits or Authorizations and Construction Contracts Y. ElContractors Automatic Additional Insured M. F_X]Turnkey Jobs-Coverage For Alienated Coverage—Completed Operations Premises Z QX Additional Insured—Engineers, Architects or Surveyors A PARTNERSHIP AND JOINT VENTURE EXTENSION The following provision is added to SECTION II-WHO IS AN INSURED, ! The last full paragraph which reads as follows: No person or organization is an insured with respect to the condud of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations. GL-3084(09/11) -1- is deleted and replaced with the following: With respect to the conduct of any past or present joint venture or partnership not shown as a Named Insured in the Declarations and of which you are or were a partner or member,you are an insured,but only with respect to liability arising out of'your wort'on behalf of any partnership or joint venture not shown as a Narned Insured in the Declarations, provided no other similar liability insurance is available to you for'your work"in connection with your interest in such partnership or joint venture. I3. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—ONGOING OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy, but only with respect to liability for "bodily injury', "property damage" or "personal and advertising injury' caused, in Mole or in part,by: 1. Your acts or omissions;or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the project(s)designated in the written contract. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to"bodily injury'or"property damage"oocurdng after: 1. Al work, including materials, parts or equipment furnishedin connection with such work, on the project(other than service, maintenance or repairs)to be performed by or on behalf of the additional insured(s)at the location of the covered operations has been completed;or 2- That portion of'your work"out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or suboontractor engaged in performing operations for a pdnapal as a part of the same project. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be prin-Eq. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. C. AUTOMATIC WAIVER OF SUBROGATION Item 8. of SECTION IV- CONNERCIAL GENERAL LIABILITY CONDITIONS, is deleted and replaced with the following: 8. Transfer of Rights of Recovery Against Others to Us and Automatic Waiver of Subrogation. a. If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured must do nothing after loss to impair those rights. At our request,the insured will bring"suit" or transfer those rights to us and help us enforce them b. If required by a written contract executed prior to loss, we waive any right of recovery we rroy have against any person or organization because of payments we make for injury or damage arising out of"your work"for that person or organization. GL-3084(09/11) -2- D EXTENDED NOTICE OF CANCELLAW N,NONRENEWAL Item Alb. of the COMMON POLICY CONDMONS ,is deleted and r,-placed with the following: " Alb. 60 days before the effective dated the cancellation if we cEnD i for any other reason. Item 9. of SECTION IV- COMMERCIAL GENERAL LIABILITY 0('N ONS, is deleted and replaced with the following: 9. WHEN WE DO NOT RENEW a If we choose to nonrenew this policy, we will mail or delivE r to the first Named Insured shown in the Declarations written notice of the nonrenewal not les than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above,it is agreed that you may extend the period of this policy for a maximum additional sixty(60)days from its scheduled expiration date. Where not otherwise prohibited by law,'the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one time sixty day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9. a above. -- E UNINTENTIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and pasit hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, ,tie will not deny coverage under this Coverage Form because of such failure. F. BROADENED MOBILE EQUIPMENT Item 12b.of SECTION V-DEFINITIONS ,is deleted and replaced Wth the following: 12b. Vehicles maintained for use solely on or next to premises, sites or locations you own, rent or occupy. G. PERSONAL AND ADVERTISING INJURY-CONTRACTUAL COVERAGE _ Exclusion 2e. of SECTION I,COVERAGE B is deleted. H. NONENPLOYMI NT DISCRIMINATION Unless"personal and advertising injury'is excluded from this policy: Item 14.of SECTION V-DEFINITIONS ,is amended to include: "Personal and advertising injury' also means embarrassment or humiliation, mental or emotional distress, physical illness, physical impairment, loss of earning capacity or monetary loss, which is caused by"discrimination." SECTION V-DEFINITIONS ,is amended to include: "Discrimination" means the unlawful treatment of individuals based on race, color, ethnic origin, age, gender or religion. GL-3084(08/11) -3- Item 2.Exclusions of SECTION I,COVERAGE B ,is amended to include: "Personal and advertising injury'arising out of"discrimination" directly or indirectly related to the past employment, employment or prospective employment of any person or class of persons by any insured. "Personal and advertising injury' arising out of "discrimination" by or at your, your agents or your "employees"direction or with your,your agents or your"employees"knowledge or consent. "Personal and advertising injury'arising out of"discrimination" erectly or indirectly related to the sale, rental, lease or sub-lease or prospective sale, rental, lease or sub-lease of any dwelling, permanent lodging or premises by or at the direction of any insured. Fines, penalties, specific performance or injunctions levied or imposed by a governmental entity, or governmental code,law,or statute because of"discrimination." 1. LIQUOR LIABILITY Exclusion 2.c. of SECTION I,COVERAGE A ,is deleted. J. BROADENED CONDITIONS Items 2.a and 2b. of SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS, are deleted and replaced with the following: 2 Duties In The Event Of Oocunwme,Offense,Claim Or Suit: a You must see to it that we are notified of an "oocurrence" or an offense which may result in a claim as soon as practicable after the "occurrence" has been reported to you, one of your officers or an"employee"designated to give notice to us. Notice should include: (1) How,when and where the"occurrence"or offense took place; (2) The names and addresses of any injured persons and witnesses;and (3) The nature and location of any injury or damage arising out of the"occurrence"or offense. b. If a claim is made or"suit"is brought against any insured,you must: (1) Record the specifics of the claim or"suit" and the date received as soon as you, one of _ your officers,or an"employee"designated to record such information is notified of it;and (2) Notify us in writing as soon as practicable after you, one of your officers, your legal department or an"employee" you designate to give us such notice learns of the claims or "suit." Item 2.e. is added to SECTION IV-COMMERCIAL GENERAL LIABILITY CONDITIONS 2.e. If you report an "occurrence" to your workers compensation insurer which develops into a liability claim for which coverage is provided by the Coverage Form,failure to report such"oocurrence"to us at the time of "oocurrence" shall not be deemed in violation of paragraphs 2.a, 2.b., and 2.c. Flowever, you shall give written notice of this "oocurrence" to us as soon as you are made aware of the fact that this"occurrence"may be a liability claim rather than a workers compensation claim K AUTOMATIC ADDITIONAL INSUREDS-EQUIPMENT LEASES SECTION II - WHO IS AN INSURED is amended to include any person or organization with whom you agree in a written equipment lease or rental agreement to name as an additional insured with respect to liability for"bodily injury',"property damage"or"personal and advertising injury'caused,at least in part,by GL-3084(09/11) -4- your maintenance, operation, or use by you of the equipment leased to you by such person or organization,subject to the following additional exclusions. The insurance provided to the additional insured does not apply to: 1. "Bodily injury'or"property damage"occurring after you cease leasing the equipment. 2 "Bodily injury'or"property damage"arising out of the sole negligence of the additional insured. 3. "Property damage"to: a Property owned,used or occupied by or rented to the additi.xial insured;or h Property in the care, custody or control of the additional insured or over which the additional �- insured is for any purpose exercising physical control. This insurance is excess of all other insurance available to the addition il insured,whether primary,excess, contingent or on any other basis, unless the written oontract requires;this insurance to be prin-ay. In that event, this insurance will be primary relative to insurance policy(s) vAch designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But with respect to all other insurance under which the additional insured qualifies as an insurers or additional insured, this insurance will be excess. L INSURED CONTRACT EXTENSION-RAILROAD PROPERTY AND C:XfSTAUCTION CONTRACTS Item 9.of SECTION V-DEFINITIONS ,is deleted and replaced with tl,e following. 9. "Insured Contract"means: a A contract for a lease of premises. I-bwever, that portion 1 the contract for a lease of premises that indemnifies any person or organization for damage tv fire to premises while rented to you or temporarily occupied by you with permission of the owne is not an"insured contract'; b. A sidetrack agreement; a Any easement or license agreement; d. An obligation, as required by ordinance, to indemnify a nxuniapality, except in connection with work for a municipality; a An elevator maintenance agreement; f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under Mich you assume the tort liability of another party to pay for "bodily injury' or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f.does not include that part of any contract or agreement: (1) That indemnifies an architect,engineer or surveyor for injury or damage arising out of. (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports,surveys,field orders,change o ders or drawings and specifications; or (b) Giving directions or instructions, or failing to gig e them, if that is the primary cause of the injury or damage;or GL-3084(09/11) -5- (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insureds rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities. M TURNKEY JOBS-COVERAGE FOR ALIENATED PREMSES It is agreed that: Exclusion Zj.(2) of SECTION I, COVERAGE A,does not apply if the premises are"your work"and were riot occupied,rented or held for rental by you for more than 12 months after completion. NAL CONSTRUCTION PROJECT GENERAL AGGREGATE LIMITS This modifies SECTION III-LIMITS OF INSURANCE . A. For all sums which can be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I-COVERAGE A,and for all medical expenses caused by accidents under SECTION I- COVERAGE C: 1. A separate Construction Project General Aggregate Limit applies to each construction project, and that limit is equal to the amount of the General Aggregate Limit shown in the Declarations. 2. The Construction Project General Aggregate Umit is the most m will pay for the sum of all - damages under COVERAGE A, except damages because of "bodily injury' or "property damage" included in the "products-oorrpleted operations hazard," and for medical expenses under COVERAGE C regardless of the number of: a Insureds; b. Claims made or"suits"brought;or a Persons or organizations making claims or bringing"suits." 3. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the Construction Project General Aggregate Limit for that construction project. Such payments shall not reduce the General Aggregate Limit shown in the Declarations nor shall they reduce any other Construction Project General Aggregate Limit for any other construction project. 4. The limits shown in the Declarations for Each Occurrence, Fire Damage and Medical Fpense continue to apply. However, instead of being subject to the General Aggregate Limit shown in the Declarations, such limits will be subject to the applicable Construction Project General Aggregate Limit. B. For all sums which cannot be attributed only to ongoing operations at a single construction project for which the insured becomes legally obligated to pay as damages caused by an "occurrence" under SECTION I - COVERAGE A, and for all medical expenses caused by accidents under SECTION I-COVERAGE C : 1. Any payments made under COVERAGE A for damages or under COVERAGE C for medical expenses shall reduce the amount available under the General Aggregate Limit or the Products- Completed Operations Aggregate Limit,whichever is applicable;and 2. Such payments shall not reduce any Construction Project General Aggregate Unit. GL-3084(09/11) -6- G, Payments for damages because of "bodily injury" or "properfi, damage" included in the"products- completed operations hazard"will reduce the Products-Completed Operations Aggregate Limit,and not reduce the General Aggregate Limit nor the Construction Project General Aggregate Limit. D. If a construction project has been abandoned, delayed, or doned and then restarted, or if the authorized contracting parties deviate from plans, blueprints, designs, specifications or timetables, the project will still be deemed to be the same construction proj;ect.. E The provisions of SECTION 111 - LIMITS OF INSURANCE not otherWse modified by this endorsement shall continue to be applicable. _ O. FELLOW EM31-OYEE COVERAGE Exclusion 2e. Employers Liability of SECTION I, COVERAGE iX, is deleted and replaced with the following: 2e. "Bodily injury'to (1) An"employee"of the insured arising out of and in the coura�!of: v (a) Employment by the insured;or (b) Performing duties related to the conduct of the insured's business;or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of paragraph (1)above. This exclusion applies: (1) Whether the insured may be liable as an employer or in any .ether capacity;and (2) To any obligation to share damages with or repay sorn:,one else who must pay damages because of the injury. This exclusion does not apply to: (1) Liability assumed by the insured under an"insured contract';or (2) Liability arising from any action or omission of a co-"employee" while that co-"employee" is either in the course of his or her employment or performing duties related to the conduct of your business. Item 2a(1xa) of SECTION II-VVI-IO IS AN INSURED Js deleted and replaced Wth the following: 2a(1)(a) To you, to your partners or members (if you are a paM nership or joint venture) or to your members (if you are a limited liability company), or to your 'volunteer workers" while performing duties related to the conduct of your business. P. PROPERTY DAMAGE LIABILITY-ELEVATORS "Property damage"liability is changed as follows: 1. Exclusions 2j.(3) and 2j.(4) of SECTION I,COVERAGE A ,do not apply to the use of elevators. 2 The insurance afforded by reason of this provision is excess over any valid and collectible property insurance (including any deductible portion thereof) available to the insured whether primary, excess, contingent or on any other basis, and the OTHER INSURANCE condition is changed accordingly. GL-3084(09/11) -7- Q PROPERTY DAMAGE TO THE NAMED INSURED'S WORK Exclusion I of SECTION I,COVERAGE A is deleted and replaced with the following: I. Damage to Your Work "Property damage" to "your work" arising out of it or any part of it and included in the "products completed operation hazard." This exclusion applies only to that portion of any loss in excess of$50,000 per occurrence if the damaged work and the work out of which the damage arises was performed by you. This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor. R CARE,CUSTODY OR CONTROL Exclusion 2jA of SECTION I,COVERAGE is deleted and replaced with the following: 2jA Personal property in the care, custody or control of the insured. However, for personal property in the care, custody or control of you or your"employees," this exclusion applies only to that portion of any loss in excess of$25,000 per occurrence,subject to the following terms and conditions; (a) The most that we will pay under this provision as an annual aggregate is$100,000, regardless of the number of occurrences. (b) This provision does not apply to "employee" owned property or any property that is missing where there is not physical evidence to show what happened to the property. (c) The aggregate limit for this coverage provision is part of the General Aggregate Limit and SECTION III-IJMITTS OF INSURANCE is changed accordingly. (d) In the event of damage to or destruction of property covered by this exception, you shall, if requested by us, replace the property or fumish the labor and materials necessary for repairs thereto,at actual cost to you,exclusive of prospective profit or overhead charges of any nature. (e) $2,500 shall be deducted from the total amount of all sums you became obligated to pay as damages on account of damage to or destruction of all property of each person or organization, including the loss of use of that property, as a result of each "occurrence." Our limit of liability under the endorsement as being applicable to each "occurrence" shall be reduced by the amount of the deductible indicated above; however, our aggregate limit of liability under this provision shall not be reduced by the amount of such deductible. The conditions of the policy, including those with respect to duties in the event of "occurrence," claims or "suit" apply irrespective of the application of the deductible amount. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit" and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. S. CONCRETE REWORK LABOR REIMBURSEMENT COVERAGE As it applies to this coverage, SECTION I-COVERAGE A is amended as follows: 1. Insuring Agreement,is deleted and replaced by the following: We will reimburse you for your direct labor expense associated with your "concrete rework' which was performed by you during the policy period due to the original "concrete product" failing to meet contractual specifications as ordered for the job or accepted industry standards for its specific GL-3084(09/11) -8- intended use, verified by testing by an ASTM(American Son cly of Testing&Materials) accredited independent testing agency. 2 Exclusions,is deleted and replaced by the following: The insurance provided by this endorsement does not apply to a "Cosmetic Defects" b. Loss of use a Changes to the "concrete product" contractual specificatie?is not acknoWeciged by the named insured in writing prior to the beginning of the job d. "Loss"arising from the"subsidence"of land a "Loss" arising from work performed on your behalf by a s.aboontractor, except for the supply of the"concrete product" - f. Cast of materials used in the installation of the"concrete product"or"concrete rework' g. Damages or "loss" that is covered by a Property or In,and Marine coverage form for your finandal interest in your project and structures h. "Loss" unless the "concrete rework' is completed within one year from the completion of the original"concrete product"installation performed by you L "Loss"caused by the failure to order the"concrete produ&'as required: a In the contractual specifications;or b. By accepted industry standards for its specific intended use j. "Loss"expected or intended from the standpoint of the insui(,,d k "Concrete product"supplied by you SECTION III-UMTS OF INSURANCE is amended to include the follcowing: 1. The Limits of Insurance as shown and the rules below fix the most we will pay regardless of the number of a Insureds covered under this insurance; b. "Concrete rework'projects to which this insurance applies. "Concrete Rework"Project Limit $50,()00 "Concrete Rework"Policy Aggregate Limits $50,000 "Concrete Rework"Deductible $ 1,000 2 The"Concrete Rework' Project Limit shown above is the most we will reimburse you for your direct labor expense arising out of any single"concrete rework"project. 3. Subject tc 2 above, the"Concrete Rework' Policy Aggregate Limit shown above is the most we will reimburse you for your direct labor expenses for the sum of all"concrete rework'projects. GL-3084(00/11) -9- w 4. The "Concrete Rework" Project Lint and the "Concrete Rework" Policy Aggregate Limits shall be included within and not be in addition to the General Aggregate Lint or the Products-Corrpleted Operations Aggregate Lint (whichever applies), as stated in the declarations and as described in SECTION III-LIMITS OF INSURANCE . 5. Our obligation to reimburse you applies only to the amount of your direct labor expense in excess of s the "Concrete Rework" Deductible stated above. This deductible shall apply separately to each "concrete rework"project. The Lints of Insurance of this coverage apply separately to each consecutive annual period and to any remaining period of less than 12 months, starting with either the beginning of the policy period shown in the Declarations, or the effective date of the endorsement, whichever is less. If the policy period is extended after issuance for an additional period of less than 12 months the additional period will be deemed part of the preceding period for purposes of determining the Lints of Insurance. SECTION IV-COMVERCIAL GENERAL LIABILITY CONDMCNS is amended as follows: ftem 2 Duties in The Event Of Occurrence, Offense, Claim Or Suit is deleted and replaced by the following: 2 Duties in The Event Of Occurrence,Offense,Claim Or Suit a You must see to it that we are notified prior to completing the "concrete rework" which may result in labor reimbursement. Notice should include: (1) How,when and where the incident took place; (2) The names and addresses of any witnesses,and (3) The estimated labor expense for the"concrete rework" b. You must promptly take all steps to minimize the expenses involved. a You must cooperate with us and upon request, assist in enforcing any right of contribution or indemnity against any person or organization. d. You must provide us with proof of loss and arty other required documents within 60 days of our request. You must also permit us to examine and copy any of your books and records at any reasonable time. You, your"employees" and your agents must, if we require you to, submit to examination under oath at such times as may be required,and sign a copy of the examination. a No insureds will, except at their own cost, assume any obligation, or incur any expense without our consent. SECTION V-DEFINITIONS is amended to add the following: "Concrete rework"means the alteration,repair,removal or replacement of a"concrete product" "Concrete product" means any product you directly install consisting of concrete,cement,sand,mortar mix or related materials "Cosmetic defects" means a superficial or surface defect that does not affect the structural integrity of the "concrete product" "Loss"means your direct labor expense associated with a"concrete rework"project "Subsidence"means earth movement,including but not limited to: a Landslide; GL-3084(09/11) -10- b. Mud flow, G Earth sinking; d. Earth rising; e. Collapse or movement of fill; f. Improper compaction; g. Earth settling,slipping,falling away,caving in,eroding,tilting or:;}lifting; h. Earthquake;or I. Any other movement of land or earth. T. LOST KEY COVERAGE As it applies to this coverage, SECTION I,COVERAGE A, is amended to include as follows: We will pay those suns, subject to the limits of liability and deductible stated herein, that you become legally obligated to pay as damages due to the loss or mysterious disappearance of keys entrusted to or in the care, custody or control of you or your"employees" or anyone acting on your behalf. The damages covered by this endorsement are limited to the: 1. Actual cost of the keys; 2 Cost to adjust locks to accept new keys;or 3. Cost of new locks,if required,including the cost of installation. Item 2 Exclusions of SECTION I,COVERAGE A ,is amended to include the following: 1. Keys owned by any insured,employees of any insured,or anyone acting on behalf of any insured. 2 Any resulting loss of use from the loss or mysterious disappearance of keys;or 3. Any of the following ads by any insured, employees of any insured, or anyone acting on behalf of any insureds: a Misappropriation; b. Concealment; T G Conversion; d. Fraud;or a Dishonesty Exclusions 2.j.(3)and 2j.(4)of SECTION I,COVERAGE A do not al:ply to Lost Key Coverage. SECTION III-UMfTS OF INSURANCE is amended to include the follc),Mng: 1. The Lost Key Coverage Occurrence Limit shown below is the iiiost we will pay for each occurrence for damages for Lost Key Coverage provided in this endorsement. GL-3084(09/11) -11- 2- The Lost Key Coverage Policy Aggregate Limit shown below is the most we will pay for all occurrences covered by this endorsement during the policy period. Lost Key Coverage Occurrence Limit $50,000 Lost Key Coverage Policy Aggregate Limit $50,000 Lost Key Coverage Deductible $ 1,000 3. The Lost Key Coverage Policy Aggregate Limit shall be included within and not be in addition to the General Aggregate Limit or the Products-Completed Operations Aggregate Limit (whichever applies),as stated in the declarations and as described in SECTION III-L RM OF INSURANCE . Our obligation under this coverage to pay damages on your behalf applies only to the amount of damages in excess of the Lost Key Coverage Deductible stated above. The deductible applies on an"oocurrence" basis. We may pay any part or all of the deductible amount to effect settlement of any claim or"suit'and, upon notification of the action taken, you shall promptly reimburse us for such part of the deductible amount as has been paid by us. U. ELECTRONIC DATA LIABILITY COVERAGE 1. Exclusion 2p. Electronic Data of SECTION I, COVERAGE A, is deleted and replaced with the following: 2p. Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data"that does not result from physical injury to tangible property. 2 The following definition is added to SECTION V—DEFINITIONS: "Dedronic data" means information, fads or programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other media Mich are used with electronically controlled equipment. 3. For the purposes of this coverage, the definition of "property damage" in SECTION V — DEFINRIONS is replaced by the following: "Property damagd'means: a Physical injury to tangible property, including all resulting loss of use of that property.All such loss of use shall be deemed to occur at the time of the physical injury that caused it; b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of the"occurrence"that caused it;or a Loss of, loss of use of, damage to, corruption of, inability to access, or inability to properly manipulate "electronic data", resulting from physical injury to tangible property. Al such loss of"electronic data"shall be deemed to occur at the time of the"occurrence"that caused it. For the purposes of this insurance,"electronic data"is not tangible property. V. CONSOLIDATED INSURANCE PROGRAM RESIDUAL UAE31UTY COVERAGE With respect to"bodily injury', "property damage", or`personal and advertising injury' arising out of your ongoing operations;or operations included within the"products-completed operations hazard',the policy to GL-3084(09/11) -12- Mich this coverage is attached shall apply as excess insurance over coverage available to"Mi'under a Consolidated Insurance Program (such as an Owner Controlled Insurance Program or Contractors Controlled Insurance Program). Coverage afforded by this endorsement does not apply to any Conscli.fated Insurance Program involving a "residential project" or any deductible or insured retention, speafied in the Consolidated Insurance Program The following is added to Section V—Definitions "Residential project"means any project where 30%or more of the total square foot area of the structures on the project is used or is intended to be used for human residency. This includes but is not limited to single or multifamily housing, apartments, condominiums, townhouses, co-operatives or planned unit developments and appurtenant structures (including pools, hot tubs, detached garages, guest houses or any similar structures). A`residential project"does not include military owned housing, college/university owned housing or dormitories,long term care facilities,hotels,motels,hospitals or prisons. All other teras,provisions,exclusions and limitations of this policy apply. W. AUTOMATIC ADDMONAL INSUREDS-MANAGERS OR LESSORS OF PREMISES SECTION II—WHO IS AN INSURED is amended to include: Any person or organization with whom you agree in a written contra.ci:or written agreement to rum as an addition insured but only with respect to liability arising out of the ownership, maintenance or use of that part of the premises, designated in the written contract or written agreement, that is leased to you and subject to the following additional exclusions: This insurance does not apply to: 1. Any"occurrence"which takes place after you cease to be a tenant in that premises. 2 Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured listed in the written contract or written agreement. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that _ event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be norroontributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance _ will be excess. X AUTOMATIC ADDMONAL INSUREDS - STATE OR GOVERN NTAL AGENCY OR POL ICAL SUBDIVISIONS—PERMITS OR AUMORIZATIONS SECTION II — WHO IS AN INSURED is amended to include any state or governmental agency or subdivision or political subdivision with whom you are required by written contract, ordinance, law or building code to name as an additional insured subject to the following provisions: This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. This insurance does not apply to: a "Bodily injury' "property damage" or "personal and advertiser,,.) injury' arising out of operations performed for the federal government,state or municipality;or b. "Bodily injury'or"property damage"included within the"products-cornpleted operations hazard". GL-3084(09/11) -13- This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-oontributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Y. CONTRACTORS AUTOMATIC ADDITIONAL INSURED COVERAGE—COMPLETED OPERATIONS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any person or organization who is required by written contract to be an additional insured on your policy for completed operations, but only with respect to liability for"bodily injury' or"property damage"caused, in whole or in part, by 'your work" at the project designated in the contract, performed for that additional insured and included in the"products-completed operations hazard". This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. Z ADDIF ZONAL INSURED—ENGINEERS,ARCwTECTS OR SURVEYORS SECTION II — WHO IS AN INSURED is amended to include as an additional insured any architect, engineer or surveyor who is required by written contract to be an additional insured on your policy,but only with respect to liability for"bodily injury', "property damage"or"personal and advertising injury'caused, in Mole or in part,by: 1. Your acts or omissions;or 2 The acts or omissions of those acting on your behalf; in the performance of your ongoing operations performed by you or on your behalf. This includes such architect, engineer or surveyor, who my not be engaged by you, but is contractually required to be added as an additional insured to your policy. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to "bodily injury', "property damage" or "personal and advertising ijury' arising out of the rendering of or the failure to render any professional services,including: 1. The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys,change orders,designs or specifications;or 2 Supervisory,inspection or engineering services. This insurance is excess of all other insurance available to the additional insured,whether primary,excess, contingent or on any other basis, unless the written contract requires this insurance to be primary. In that event, this insurance will be primary relative to insurance policy(s) which designate the additional insured as a Named Insured in the Declarations and we will not require contribution from such insurance if the written contract also requires that this insurance be non-contributory. But with respect to all other insurance under which the additional insured qualifies as an insured or additional insured, this insurance will be excess. GL-3084(09/11) -14- BITCO GENERAL INSURANCE CORPORATION BITCO NATIONAL INSURANCE COMPANY THIS ENDORSEIVENT CIWr--,ES THE POLICY. PLEASE R::AD rr CAREFULLY. BROADENED COVERAGE-AUTOMOBI I.ES The following modifies insurance provided under: BUSINESS AUTO COVERAGE FORM VNth respect to coverage provided by this endorsement,the provisions of the Coverage Form apply unless modified by this endorsement. 1- Broad Form Named Insured 10- Employee Fired Autos 2- Automatic Waiver of Subrogation 11 - Bodily Injury Extension 3- Automatic Additional Insured 12- Hired A.rtc Physical Damage 4- Primary and Noncontributory-Other Insurance 13- Enhanced Supplementary Payments T Condition 5- Unintentional Failure to Disclose Hazards 14- Fellow Employee Coverage for Designated Positions 6- Extended Notice of Cancellation, Non-Renewal 15- Physical Damage—Transportation Expenses 7- When We Do Not Renew 16- Rental Reimbursement Coverage 8- Notice of Knowledge of Accident or Loss 17- Loan/Lease Gap Coverage 9- Employees as Insured 18- Aocidental Air Bag Discharge Coverage T 1. BROAD FORM NANED INSURED SECTION II.A J.-VIA-10 IS AN INSURED -Paragraph d.is added: d. Any organization you newly acquire or form, except for a partnership, joint venture or limited liability company, and over which you maintain majority ownership or interest(51%or more)or for T Mich you have assumed the active management, will qualjfy as a Named Insured if there is no other similar insurance available to that organization. How0ver, coverage under this provision is only afforded until the end of the policy period or the 12-month anniversary of the policy inception date,whichever is earlier. 2 AUTOMATIC WAIVER OF SUBROGATION Section IV—Business Auto Conditions, Paragraph A5., Transfer of Rights of Recovery Against Others to Us,is deleted and replaced with the following: a If the insured has rights to recover all or part of any payment we have made under this Coverage Form, those rights are transferred to us. The insured mast do nothing after loss to impair those rights. At our request, the insured will bring "suit' or transfer those rights to us and help us enforce them b. If required by a written contract executed prior to loss, w3 Adve any right of recovery we may have against any person or organization because of payme its we make for damages under this coverage form AP-0402(10/17) -1- 3. AUTOMATIC ADDITIONAL INSURED SECTION II —WHO IS AN INSURED, Paragraph A.1, is amended to include as an "insured" any person or organization who is required by written contract or agreement to be an additional insured on your policy, but only with respect to liability arising out of operations performed by you or on your behalf for the additional insured. 4. PRIMARY AND NONCONTRIBUTORY-OTHER INSURANCE CONDITION The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance - Primary And Excess Insurance Provisions in the Nbtor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an"insured"under your policy provided that: 1. Such"insured"is a Named Insured under such other insurance;and 2 You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such"insured". UNINTEMIONAL FAILURE TO DISCLOSE HAZARDS Although we relied on your representations as to existing and past hazards, if unintentionally you should fail to disclose all such hazards at the inception date of your policy, we will not deny coverage under this Coverage Form because of such failure. 6. EXTENDED NOTICE OF CANCELLATION,NON-RENEWAL The COMMON POLICY CONDITIONS ,Item A.2b. is deleted and replaced with the following: A.2b. 60 days before the effective date of the cancellation if we cancel for any other reason. 7. WHEN WE DO NOT RENEW SECTION IV—BUSINESS AUTO CONDITIONS ,is amended to add Item B.9.: a If we choose to nonrenew this policy, we will mil or deliver to the first Named Insured shown in the Declarations written notice of the nonrenewal not less than 60 days before the expiration date. b. If we do not give notice of our intent to nonrenew as prescribed in a above, it is agreed that you may extend the period of this policy for a maximum additional sixty (60) days from its scheduled expiration date. Where not otherwise prohibited by law, the existing terms, conditions and rates will remain in effect during that extension period. It is further agreed that so long as it is not otherwise prohibited by law, this one-time sixty-day extension is the sole remedy and liquidated damages available to the insured as a result of our failure to give the notice as prescribed in 9.a above. & NOTICE OF KNOWLEDGE OF ACCIDENT OR LOSS SECTION IV-BUSINESS AUTO CONDITIONS .Item A.2a is deleted and replaced with the following: 2 Duties in the Event of Accident,Claim Suit or Loss: a You must see to it that we are notified of an "accident", "claim", "suit" or"loss" which may result in a claim as soon as practicable after the"occurrence" has been reported to you, a partner, a member, an officer, or an employee designated to give notice to us. Notice should include: (1) How,when and where the"accident"or"loss"occurred; AP-0402(10'17) -2- (2) The"insureds"name and address;and (3) To the extent possible, the names and adcresses of any injured persons and witnesses. 9. EMPLOYEES AS INSURED The following is added to the Section II- Covered Autos Liability, Coverage, Paragraph Al. who Is An Insured provision: Any"employee"of yours is an"insured"while using a covered 'auto"you don't own,hire or borrow in your business or your personal affairs. 10. EMPLOYEE HIRED AUTOS A Changes In Covered Autos Liability Coverage The following is added to the Who Is An Insured Provision: An "errooyee' of yours is an"insured" while operating an"qAd' hired or rented under a contract or agreement in an "employee's" name, with your permissicn, while performing duties related to the conduct of your business. B. Changes In General Conditions Paragraph 5.b. of the Other Insurance Conation in the -3usiness Auto Coverage Form and Paragraph 51 of the Other Insurance-Prirmry And Excess insurance Provisions Condition in the Nbtor Carrier Coverage Form are replaced by the followinc, For Fired Auto Physical Damage Coverage, the following aro deemed to be covered "autos" you - own: 1. Any covered"auto"you lease,hire,rent or borrow,and 2. Any covered "auto" hired or rented by your"errVoyee" under a contract in an"employee's" name, with your permission, while performing duties related to the conduct of your business. F-lowever,any"auto"that is leased,hired, rented or borrowed with a driver is not a covered"auto". 11. BODILY INJURY EXTENSION SECTION V-DEFINITIONS ,Paragraph C.is deleted and replaced ty the following: C. "Bodily injury' means bodily injury, sickness or disease sustained by a person, including mental anguish or death resulting from any of these, at any time. Mental anguish means any type of -- mental or emotional illness or disease. 12- HIRED AUTO PHYSICAL DAMAGE SECTION III.A4.-Coverage Extensions -Paragraph a is added: c. Hired Auto Physical Damage If Comprehensive, Specified Causes of Lass or Collision cow.,rage is provided under this policy, then Faired Auto Physical Damage is provided for that coverage art subject to the following: (1) The most we will pay for any one "accident" or "las" under this Fired Auto Physical Damage Coverage is the lesser of: (a) The any one"Accident"or"Loss"amount of$100,000; AP-0402(10/17) -3- (b) The actual cash value;or (c) Cost of repair. Our obligation to pay for a loss in c.(1) above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for"loss"caused by fire or lightning. (2) Subject to paragraph c.(1). above, we will provide coverage equal to the broadest physical damage coverage applicable to any covered"auto"shown in the declarations. (3) When you are required by written contract to indemnify a lessor for actual financial loss because of loss of use of a hired"auto"resulting from a covered"accident"or"loss",we will cover that financial loss subject to the limit specified in paragraph c.(1). 13. ENHANCED SUPPLEMENTARY PAYMENTS SECTION II.A.2.a. COVERAGE EXTENSIONS, Supplementary Payments (2) and (4) are replaced by the following: (2) Up to$2,500 for the cost of bail bonds(including bonds for related traffic laws violations) required because of an"accident"we cover. We do not have to furnish these bonds. (4) Al reasonable expenses incurred by the"insured" at our request, including actual loss of earnings up to$350 a day because of time off from work. 14. FELLOW EMPLOYEE COVERAGE FOR DESIGNATED POSITIONS The Fellow Employee Exdusion contained in Section 11.6.5.does not apply to the following positions or job titles: foreman,supervisor,manager,officer,partner or other senior level"employee". Coverage is excess over all other collectible insurance. 15. PHYSICAL DAMAGE-TRANSPORTATION EXPENSES SECTION III.A4.a Transportation Expenses , is replaced by the following: a Transportation Expenses We will pay up to$50 per day to a m-admum of$1,500 for temporary transportation expense incurred by you because of the total theft of a covered "auto". We will pay only for those covered"autos"for which you carry either Comprehensive or Specified Cause of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policys expirations,when the covered"auto"is returned to use or we pay for its"loss". For autos provided with temporary transportation expense, the following physical damage coverage will may: (1) The most we will pay for any one"accident"or"loss"under the temporary transportation expense physical damage coverage is the lessor of: (a) The any one"Accident"or"Loss"amount of$100,000; (b) The actual cash value;or (c) Cost of repair. Our obligation to pay for a loss in a.(1)above will be reduced by a deductible. The deductible will be equal to the largest deductible applicable to any owned "auto" for that coverage. The deductible will be waived for"loss"caused by fire or lightning. AP-0402(10/17) -4- (2) Subject to paragraph a.(1). above, we will provide cove age equal to the broadest physical r damage coverage applicable to any covered"auto"shown in 1'ie declarations. (3) When you are required by written contract to indemnify a IEssor for actual finandal loss because of loss of use of a hired "auto" resulting from a covered "accident" or "loss", we will cover that financial loss subject to the limit specified in paragraph a(1). T 16. RENTAL Rt7NBURSENENTCOVERAGE SECTION III.A.4.-Coverage Extensions -Paragraph d.is added. d. If you carry Comprehensive, Specified Causes of Loss or Collision coverage for the damaged covered "auto" as provided under this policy, then Rental Reimbursement Coverage is provided for that coverage part subject to the following: 1. We will pay for rental reimbursement expenses incured by you for the rental of an"auto" because of"loss" other than theft,to a covered "auto'. Payment applies in addition to the - otherWse applicable amount of each coverage ycu have on a covered "auto". No deductibles apply to this coverage. 2. We will only pay for those expenses incurred during )he policy period beginning 24 hours after the "loss" and ending, regardless of the policy's expiration, with the lesser of the following number of days: (a) The number of days reasonably required to repai or replace the covered"auto";or, (b) 30 days. (c) Our payment is limited to the lesser of the following amounts: (1) Necessary and actual expenses incurred;or (2) $50 per day. 17. LOANLEASE GAP COVERAGE Physical Damage Coverage is amended by the addition of the following: In the event of a total "loss" to a covered "auto", we will pay your additional legal obligation for any difference between the actual cash value of the "auto" at the firre of the loss and the "outstanding balance"of the loan/lease,not to exceed$2,500 for any one vehicle or$25,000 annually in aggregate. For the purposes of this endorsement, "outstanding balance" means the amount you owe on the loan/lease at the time of loss less arty amounts representing taxes, overdue payments, penalties, interest or charges resulting from overdue payments, additional mileage charges, excess wear and tear charges or lease termination fees, costs for exter6ed warranties, credit Life Insurance; Health, Accident or Disability Insurance purchased with the lain or lease;and carry-over balances from previous loans or leases. 18. ACCIDENTAL AIR BAG DISCHARGE COVERAGE SECTION Ill.B.3.a-Exclusions .This exclusion does not apply to the accidental discharge of an air bag. AP-0402(10/17) -5- CONNEMAL AUTO CA 01961013 THIS ENDORSEMENT CHANGES THE POIJCY. PLEASE READ IT CAREFULLY. TEXAS CHANGES For a covered"auto" licensed or principally garaged in Texas,this endorsement modifies insurance provided under the following: BUSINESS AUTO COVERAGE FORM MOTOR CARRI ER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A Changes In Physical Damage Coverage a Specify the infom-ation you must provide in 1. The following exclusion is added to Paragraph EIL accordance with Paragraph b. of the Duties Exclusions in the Physical Damage Coverage Condition. section: We may request more information at a later date, We will not pay for "loss" due to or as a if during the investigation of the claim such consequence of a seizure of a covered "auto" by additional information is necessary. federal or state law enforcement officers as 2 After we receive the information we request, we evidence in a case against you under the Texas will notify you in writing as to whether: Controlled Substances Act or the federal a The claim will be paid; Controlled Substances Act if you are convicted in such rase b. The daim has been denied, and inform you of 2. Paragraphs C.2. and C.3. of the Limit Of the reasons for denial; Y Insurance provision under Physical Damage a More information is necessary;or Coverage do not apply. d. Wye need additional time to reach a decision. 3. Paragraph D. Deductible in the Physical If we need additional time, we will inform you Damage Coverage section is amended by the of the reasons for such need. addition of the following: Wye will provide notification, as described in 2.a At the mutual agreement of you and us, we will through 2.d.above,within: not apply the deductible to "loss" to glass, if the a 15"business days';or glass is repaired rather than replaced. b. 30 days if we have reason to believe the B. Changes In Conditions "loss"resulted from arson. The following condition is added: If we have notified you that we need additional Clainrhandling Procedures time to reach a decision, we must then either 1. Within 15 days after wreceive written notice of a approve or deny the claim within 45 days of such e- claim,we will: notice. l Acknowledge receipt of the claim If we do 3. If a claim results from a weather-related p catastrophe or a major natural disaster as defined not acknowledge receipt of the claim in by the Texas Department of Insurance, the claim- writing, we will keep a record of the date, handling deadlines described above are extended method and content of the adTowiedgment; for an additional 15 days. b. Begin any investigation of the daim and 4. If we notify you that we will pay your dairA or part of your claim we will pay within five "business days"after we notify you. CA 01961013 C Insurance Services Office, Inc.,2013 Page 1 of 2 VVORKERS COMPENSATION AND EMPLOYERS UABIUTY INSURANCE P DUCY WC 42 0304 B (Ed.6-14) TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSENENT This endorsement applies only to the insurance provided by the policy bemuse Texas is shown in Item 3.A of the Information Page. VVre have the right to recover our payments from anyone liable for an injury c--)vered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodly injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not n_rrned in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization (X) Blanket Vliaiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this T waiver. 2. Operations: _ 3. Premium Inc i . The premium charge for this endorsement shall be VRS percent of the premum developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium Ind . This endorsement changes the policy to which it is attached and is effective on tl a date issued unless otherwise stated. (T'he information below is required only when this endorsement is issued su:)sequent to preparation of the policy) Endorsement Effective Policy No. Endorserren t No. Insured Premium Insurance Company Countersigned by _ WC420304B (Ed.tr14) Copyright 2014 National Council on Compensation Insurance, Irc.All Fights Reserved. 16 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, WRMC Lighting Retrofit — Moncrief Bldg & Watt Arena located at 3401 W Lancaster Ave, Fort Worth. Texas (PMD2018-03) City Proiiect # 101205. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: CJ Company I L (Please Print) Y,0 f w�`y1i'`�-- ` - ��� Signature: Address L (OS-'Title: City/State/Zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared ( ill Moore, , known to me to be the person whose name is subscribed to the foregoing instrument, and a knowledged to me that he/she executed the same as the act and deed of IZA for the purposes and consideration therein expressed and in Wcapacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day pf , G , 2019. E ECHO RAE GRISEWOODNW"Pubbe STATE OF TEXAS :+fyNa�tary 10*. 13179441aNota Public in and1or the State of Texas �cow++.�.sAoaR�n.�xe,2oax Notary Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 32 of 33 WRMC Moncrief Lighting Retrofit(February 2019) 4._0' 2•-0" 2$-0" op CENTERLINE OF SIGN, LOGO & TEXT INFORMATION FORT WORTH. Project Title . 0 Architect: Architect's Name Contractor: - Contractor's Name 0— �` w FUNDED BY (List Bond Fund,etc.) SCHEDULED COMPLETION DATE YEAR T T SIGN COLOR & FONT: BACKGROUND - WHITE BORDER- 5116"WIDE, XRADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN Instruction to Offerors—Dalworth Lighting and Electrical,LLC Page 33 of 33 WRMC Moncrief Lighting Retrofit(February 2019)