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HomeMy WebLinkAboutContract 44488 (2)�� � � , `. y'.:�i. _ _ -- -�= � • •. � � � � � � � -• •- . - PROJECT MANAGER TPW FILE COPY Pecan Valley Golf Course Club House Reno�tions and l�Tew Pavilion TPW2011-22 City Project No. 01872 1� ' 1 ' o BETSY PRICE MAYOR CITY MANAGER Douglas W. Wiersig, PE Director, Transportation & Public Works Department Richard Zavala , Director, Parks and Community Services Department Nader Design Group Links Construction, LLC r ' � ' �- �,, . ',: ( � I �. y � S _ Pecan.Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC May 2013 ' RECEIVEn �1�� � p C11i� 'I'OlVI HIGGINS � e Citji of �'o%"t {OV�i"�6i, �e1�as Mayor and Council Communication - _ _ - - - _ - - ' = = COU�1�1L AGTI�l�: =A �-oved on 5�7�ZQ'I 3 - — — _ _ � _ _ _ _ _ _ — = = _ _ � -.- _ __ _ Pp - DATE: Tuesday, May 07, 2013 LOG NAME: 80PECANVALLEYGOLFCOURSECLUBHOUSE&PAVILION SUBJECTi : REFERENCE NO.: **C-26235 ; Authorize Execution of a Construction Contract with Links Construction, LLC, in the Amount of $323,803.00 for Clubhouse Renovations and Tournament Pavilion at the Pecan Valley Golf Course (COUNCIL � DISTRICT 3) RECOMMENDATION: It is recommended that the City Council authorize the execution of a construction contract with Links - Construction, LLC, in the amount of $323,803.00 for clubhouse renovations and tournament pavilion at the Pecan Val.ley Golf Course. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is io authorize the execution of a construction contract with Links Construction, LLC, for clubhouse renovations and construction of a tournameni paviiion io �rovic�e a cc�ver�c� area to hoGf �oir ?e! �rn?msnis ar.d eveni�, � he ?nc�iion �i tne tournament pavilion is projected to increase annual tournament revenues by an estimated amount of $40,000.00, resulfing in a five to six year payback on the construction costs related to the pavilion. On Ju�y 12, 2011, (PJ��C G-17281- P.evised) ihe Ciiy Ccurc�l app� oved �he Gclf Ente� prise Furd's F�scal Year 2011 Gas-Related Revenue Expenditure Plan. The plan included the amount of $400,000.00 for the new tournament pavilion and clubhouse improvements at the Pecan Valley Golf Course. The project was advertised in the Fort Worth Star-Telearam on November 29, _2012 and December 6, 2012. On January 10, 2013, fifteen vendors submitted proposals and on January 17, 2013, six of the fifteen submitted the required Post-Proposal Pre-Award documents. The six proposals (including the base proposal and Alternate Nos. 1, 2, 4, and 5) are as follows: t� Offerers Links Construction, LLC Malex Enterprises, LLC Gene Doss Construction, Inc. V�� / S#ru"� �.V. Mart, Inc. Reeter General Contractors, Inc Base Proposal $281,518.00 $272, 900.00 $305,000.00 $325,100.00 $349,000.00 $375,000.00 Alternates 1, 2, 4 and 5 $42,285.00 $71,528.00 $53,900.00 �57,750.00 $85,640.00 $93,100.00 Total $323,803.00 $344,428.00 $358,900.00 $3S2,o5�.00 $434,640.00 $468,100.00 On February 4, 2013, the Best Value Selection Committee rated each of the six responsive offers based on the published weighted selection criteria of proposed price at 60 percent, proposed schedule at 10 percent, M/V1/BE participation at 10 percent, reputation and experience at 10 percent, and past relationship with the City at 10 percent. If tlie firm had no previous relationship with the City, then their �l Logname: 8 OPECANVALLEYGOLFCOURS ECLUBHOUSE3AVILION Page 1 of 3 . _ reputation and experience was weighted at 20 percent. The committee members included representatives from the Park� and Community Services Department, M/WBE Office, architect consultant, and Transpprtation and Public Works Department. The results of the committee's scores are summarized below: 'Evaluation :Links� � 'Malex v EGene Doss V&P/Struhs;Mart, Inc. Reeter ��' I �Criteria Construction,'Enterprises,�Construction,�V � 'General ; � 'LLC `LLC ;Inc. 3 Contractors,l � i � � � 'Inc. - _ �, _._____. _____ __ � EPrice 60 ;56 '53 `49 ?39 `33 � _�_�.__._�..w�.�� _ .��_ - — �.��.� �_.___i� .�__��y.�______��__�___.�_ �� Schedule 10 ;10 310 10 �8 10 ��_ __�.�._...._._ � � �._. ,.�. ._a___._._ : _.�_______�....�_..�_ M/WBE 4.0 3.0 ;2.5 10 =10 2.5 � ��_ ____ .�.�__ . � .�..�. _.�...u....�. r �. __ _ - �._..�,- u�_.��_.�..W_ �u_�.� Experience '10 #5 �10 10 �10 10 s {and 3 � i , � �Reputation ; T � � � � _ � �Relationship;5� �5 ��10 � 5 � r5 ;5 � with the � - � �City� � _� � � _ _ � _�......��.�:� � ;_�� � ��_ �� � :TOTAL ;89 '79 �85.5 75 ?63 60.5 ' � `RANK�;1__� F3 ----� -- '4' _�i5. ____`6 � Links Construction, LLC, received the highest overall score based on each criteria and the weighting assigned. The Seleciion Committee concluded that the proposal from Links Construciion, LLC, represented the Best Value for the City and recommends awarding the construction contract to Links �onstruciion, ���., ie !I?GI! �nS iha ha�a preposai worlc - clubhouse re�o��ations and th� constructicn of the tournament pavilion. The r.ecommended alternates include the following: Alternate No. 1- porch and cover, Alternate No. 2- connector canopy, Alternate No. 4- exterior metal railings, Alternate No. 5- provide ancl insr�[i �o!ar �!azing tilm as window treatments for sales, pro shop, f�od ser��ce and d�ning a� �a. It is recommended that the Base Proposal in the amount of $281,518.00 and Alternates Nos. 1, 2, 4, and 5 in the amount of $42,285.00, totaling the amount of $323,803.00 be approved for award of contract. The contract working period is 156 calendar days. The estimated overall cost of the project is: Design Construction Geotech, Contingency, Inspection i ��a� $ 32,000.00 $323,803.00 $ 44,197.00 �4�'U,�JG'.�� Links Construction, LLC, is in compliance with the City's BDE Ordinance by committing to 19 percent MBE participation on this project. The City's MBE goal on this project is 17 percent. Construction is scheduled to begin in May 2013 and end in September 2013. Pecan Valley Golf Course is located in COUNCIL DISTRICT 3 and is classified as a Citywide Special Use Logname: 80PECANVALLEYGOLFCOURSECLUBHOUSE3AVILION Page 2 of 3 Facility. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Golf Gas Lease Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers GERTlFICATlQI�S: Submitted for Citv Manager's Office bv: Oriqinatinq Department Head: Additional Information Contact: FROM Fund/Account/Centers 1)P243 541200 803580187280 Susan Alanis (8180) Richard Zavala (5711) Tonda Rice (5759) ATTACHMENTS 1. Links Comaliance Memo.pdf (CFW Internal) 2. Pecan Vallev Proi. 01872 - FAR-00004(11.pdf (CFW Internal) 3. Pecan Vallev Site Location Map.pdf (Public) 4. PVGC PMP revisian for FAR.pdf (CFW Internal) � � Lo gname: 8 OPECANVALLEYGOLFC OURS ECLUB HOUS E3 AVILION $323,803.00 Page 3 of 3 �'� ��� �-- - � �, _ �; € E � �° � � � � � ��� � l� _ � - �? ;' ;�__ � - � � f � s � � -�° � �� � - �� s � ,��°� �� �� � � �` ��°' � �� � :� ': �„ k � �# �� Y �, � � �, � ; L�k�V'� �.��' � �� �� 5 y' � �w.5b�„€ , � � ��.5 r � .:, 1 '— . _ ,. r� `"'4r: y. �'t�'�.��u y � �.. �� �� �ti � ���-: �-� � ; ��� �� � �,. $ � =, � � ��'�� � � �' . � '� � � � {�v�� � - � � �. t `. �#� � �� � � � � ,� � �� � �� ���x � . z ���� . �� � `s � � `s��� � �. �,� - � _ �� � -� _ �� � ' � : � �"`*�_ ,4 _ ,. :r L' 4 � ' t � � h& ��, �� _.a ,_ # �'; $. * ` � ? $ '4' � ��. �F t 4 g� _ 1 - �` �-�: . �.: _�� . � is ��` i - 4�� +� � E•y � _ . :� R'. C C O .' 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Vi 4 i O tn � O O i' C ❑ 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 a r' co ai oi vi r: ��o � � o� c N �V � w o N� `� H� LL o 0�0 '�V' 'Q M M M M y o M r LL ~ � N N m ' >�wn� N O 0 q LL O fA LH VT dT VT !A Vi W f� � z W a Q m w a#i � v� �� E c c c� Q 0' LLI �� d v LL � J¢ Q Q Q Q Q QQ J m F Q n o � 0 r � r � r � �� tii ¢ � O � � � 0 O W uZj � J Q U CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 7 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion Request for Proposals Submittal Date: January 10, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Nader Design Group letter dated January 7, 2013 addressing responses to questions received on January 4, 2013, 2 pages 2. 00110 — Table of Contents dated 1/7/2013, 3 pages 3. Section 01600 — Product Requirements dated a/7/2013, 2 pages 4. JQM Management & Consulting, Inc, (2300 Valley View Lane, Suite 530, Irving, Texas 75062) plans to submit a proposal as a general contractor for this project. Contact is estimatinq(a�iqminc.com with telephone numbers (214) 451-5050 (Office) and (972) 823- 0015 (FAX). 5. This is the last addendum for this project. Acknowledge the receipt of this Addendum No. 7 on your Proposal. Douglas W. Wiersig, PE DIRECTOR, TRANSPORTATION & PUB�IC WORKS DEPARTMENT By: Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: January 7, 2013 Pecan Valiey Golf Course Clubhouse Renovations and New Pavilion Addendum No. 7, January 7, 2013 Page 1 of 1 � �..� j �����. �����1� ����� To: Contractors Re: Pecan Valley Municipal Golf Course Clubhouse Renovations 6400 Pecan Valley Drive, Fort Worth, Texas 76132 Date: January 7, 2013 Bids Due: January 10, 2013 ADDENDUM NO. 7 The following addendum is made and hereby becomes part of the named bid documents, which are hereby modified, corrected or supplemented as foliows: Architectural Package: (Specifications) Item 1.01 Project Manual — Section 09510.2.01.B.2 (Standard Ceiling Tile): Substitute item `Armstrong "Cortega", Tegular design #704' in lieu of `Armstrong "Cortega", Tegullar design #2795'. Item 1.02 Project Manual — Add Section 01600 (Product Requirements) See attached Section, including Revised Section 00110 (Table of Contents). Item 1.03 Drawings — A8/A103, Estimate existing water line to be relocated as 6" pressurized line, serving existing fire hydrant south of project, material and exact location unknown. item 1.04 Drawings — All Details/A301, Existing batt insulation is currently lying atop existing ceiling tiles. Estimate removal of existing ceiling and affixing existing insulation batts to wood roof framing. Item 1.05 Drawings — All Details/A201 (Alternate No. 2— Porch Cover), Detail G1/A201 indicates that the existing projecting porch cover portion of the meta( fa�ade will be removed in the event of acceptance of Page 1 of 2 PVGC Clubhouse Renovations 1/7/13 Alternate No. 2. The existing metal sheeting and battens will be reused to cover new parapet framing at the existing building wall line, similar to Detail A6/A301. The existing roofing shall be modified to accept the new parapet location. The Contractor shall use the roofing company that is currently under contract for the warranty on the existing roofing. END OF ADDENDUM Page2of2 PVGC Ciubhouse Renovations 1 /7/13 City of Fbrt Worth Pecan Valley Golf Course 00110 TABLE OF CONTENTS Division 0— Conditions of the Contract 00110 Table of Contents Division 1 - General Requirements z 01100 Summary � 01200 Price and Payment Procedures/Alternates 01300 Administrative Requirements — MeetingslSubmittals 01400 Quality Requirements — Testing 01500 Temporary Facilities and Controls 01600 Product Requirements 01700 Execution and Closeout Requirements 01710 _ Cleaning Division 2 - Site Work- 02200 Site Preparation 02222 Selective Structure Demolition 02230 Site Clearing 02300 Earthwork 02310 Grading 02315 Excavation 02316 Fill and Backfill 02317 Trenching for Site Utilities 02361 Soil Treatment for Termite Control 02371 Drilled Concrete Piers 02518 Brick Pavers 02751 Portland Cement Concrete Paving Division 3 - Concrete 03100 Concrete Formwork 03200 Concrete Reinforcement 03300 Cast-in-Place Concrete 03370 Concrete Curing Division 4 - Masonry Not Used Division 5 - Metals 05120 Structural Steel 05400 Cold Formed Metal Framing 05500 Metal Fabrications Pecan Valley Golf Course 1 /7/2013 00110 - 1 City of Fort Worth Pecan Valley Golf Course 1/7/2013 Division 6- Wood and Piastic 06110 Rough Carpentry 06112 Framing and Sheathing 06200 Finish Carpentry 06410 Custom Cabinet Work Division 7- Thermal and Moisture Protection 07210 Building Insulation 07424 Composite Siding 07611 Custom Sheet Metal Roofing 07620 Sheet Metal Flashing and Trim 07920 Joint Sealants Division 8- Doors and Windows 08100 Metal Doors and Frames 08331 Overhead Rolling Security Closure 08710 Door Hardware 08870 Window Films Division 9 — Finishes 09260 Gypsum Wallboard Systems 09510 Suspended Acoustical Ceilings 09660 Resilient Tile Flooring 09661 Resilient Flooring Accessories 09681 Carpet Tiles 09900 Paints and Coatings 09970 Prefinished Panels — Slatwall Division 1.0 - Specialties 10100 Tack Boards Division y 1 - Equipment Not Used Division 12 - Furnishinqs Not Used Division 13 - Special Construction Not Used Division 14 - Convevinq Equipment Not Used Pecan Valley Golf Course 00110 - 2 City of Fort Worth Pecan Valley Golf Course 1/7/2013 Division 15 - Mechanical 15830 Commercial Ceiling Fans Division 16 - Electrical 16010 Electrical General Provisions 16110 Conduit 16120 Wiring and Cable 16140 Devices and Plates 16400 Switchgear 16500 Lighting Appendix Finish Schedule Geotechnicai Report END OF TABLE OF CONTENTS Pecan Valley Golf Course 00110 - 3 City of Fort Worth Pecan Valley Golf Course 1/7/2013 SECTION 01600 - PRODUCT REQUIREMENTS PART 1 - GENERAL 1.1 � 2. 3. 4. 5 Schedule delivery to minimize long-term storage and to prevent overcrowding construction spaces. Deliver in manufacturer's original sealed packaging with labels .and written instructions for handling, storing, protecting, and installing. inspect to ensure compliance with the Contract Documents and to ensure items are undamaged and properly protected. Store heavy items in a manner that will not endanger supporting construction. , Store items subject to damage aboveground, under cover in a weathertight enclosure, with ventilation adequate to prevent condensation. Maintain temperature and humidity within range required. PART 2 - PRODUCTS 2.1 A. PRODUCT OPTIONS Provide items that comply with the Contract Documents, are undamaged, and are new at the time of installation. 1. Provide products and equipment complete with accessories, and other devices and components needed for a complete and the intended use and effect. trim, finish, installation B. Do not attach manufacturer's labels or trademarks, except for required nameplates, on surfaces exposed to view in occupied spaces or on the exterior. C. Select products as foliows: I_1 SECTION REQUIREMENTS Provide products of same kind from a single source. B. Deliver, store, and handle products according to manufacturer's written instructions, using means and methods that will prevent damage, deterioration, and loss, including theft. 1. Where these Specifications name only a single product or manufacturer, provide the item indicated. No substitutions will be permitted. PRODUCT REQUIREMENTS 01600 - 1 2.2 City of Fbrt Worth 2 3. � 5. 0 Pecan Valley Golf Course 1 /7/2013 Where these Specifications name 2 or more products or manufacturers, provide 1 of the items indicated. No substitutions will be permitted. Where products or manufacturers are specified by name, accompanied by the term "or equal," comply with provisions concerning "product substitutions" to obtain approval for use of an unnamed product or manufacturer. Where these Specifications describe a product and list characteristics required , with or without naming a brand or trademark, provide a product that complies with the characteristics and other requirements. Where these Specifications require compliance with performance requirements, provide products that comply and are recommended in writing by the manufacturer for the application. Where these Specifications require compliance with codes, regulations, or reference standards, select a product that compiies with the codes, regulations, or reference standards. D. Unless otherwise indicated, Architect wili select color, pattern, and texture of any product from manufacturer's full range of options. � PRODUCT SUBSTITUTIONS Reasonable and timely requests for substitutions will be considered. Substitutions inciude changes proposed by the Contractor after award of the Contract, in products and methods of construction required by the Contract Documents. - � 1. Do not submit unapproved substitutions on Shop drawings. B. Submit 4 copies of each request for product substitution. Identify product to be replaced, provide complete documentation showing compliance of proposed substitution with al( specified requirements, and include the following: 1. A full comparison with the specified product. 2. A list of changes to other Work required to accommodate the substitution. 3. Any proposed changes in the Contract Sum or Contract Time should the substitution be accepted. C. Architect will review the proposed substitution and notify Contractor of its acceptance or rejection. PART 3 - EXECUTION (Not Applicable) END OF SECTION PRODUCT REQUIREMENTS 01600 - 2 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WnRKS DEPARTMENT ADDENDUM NO. 6 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion Request for Proposals Submittal Date: January 10, 2013 (CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. The Request for Proposal Submittal Date is changed to January 10, 2013. 2. The last date for Request for Information or clarification or questions is by 5:00 PM on Friday, January 4, 2013. Acknowledge the receipt of this Addendum No. 6 on your Proposal. Douglas W. Wiersig, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: January 3, 2013 Pecan Valiey Golf Course Clubhouse Renovations and New Pavilion Addendum No. 6, January 3, 2013 Page 1 of 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 5 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion Request for Proposals Submittal Date: January 3, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Please find attached clarification specs and drawing. Acknowledge the receipt of this Addendum No. 5 on your Proposal. Douglas W. Wiersig, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: January 2, 2013 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion Addendum No. 5, January 2, 2013 Page 1 of 1 �w �` L � � � s � � To: Contractors Re: Pecan Valley Municipal Golf Course Clubhouse Renovations 6400 Pecan Valley Drive, Fort Worth, Texas 76132 Date: Bids Due: January 2, 2013 January 3, 2013 ��� ►� u �• The foliowing addendum is made and hereby becomes part of the named bid documents, which are hereby modified, corrected or supplemented as follows: Architectural Package: (Specifications) Item 1.01 Item 1.02 Item 1.03 Project Manual — Section 07611: See revised section attached. Project Manual — Add in its entirety the attached section to be used for Alternate #2: Section 10531 Drawings — See attached exhibit X101 addressing Alternate #1. END OF ADDENDUM Page 1 of 1 PVGC Clubhouse Renovations 1/2/13 QI D m � n � O Z o � 2 � O C � 2 O � c� _ m A C 1 � v m .-O � z O p I � ,� � - O ` m a � = r = O - o S � v Z � � � r�. �..� u... -�. � � y . � '� � m 0 I Z � ;„ � � �, .���" �. � I � oAo�`—' �� O A T A m � y=,��j � Q Z -i (n Ci C r- � C � � C �a'o �z c z Z � m n m � � m m om y C b I � O X � z c 0 � a� D �g r � r" (TI m 1z � o z �� D �� _ � —i � � z � O m � �m � 0 � �� t � �� G' tot � � I � _ - ( � � � � ��� \ ., � 1 ( :i, a � -m-1 � D r- -➢-1 X � � Z G� � c 0 z � n 0 z z m � 0 z ; T � � _ m o z �T' � D � '_ a � v m � � � C m � � Dm ��� m � rn � o 0 m O � N � n O � z C Z C Z � O N z ma C C) m � p Z � � X �z -i � m � �n c� a > � { � � Z � p = c O p � Z_ 1 O � n � � � � C y N ?t m .Z1 ��� p Z Z m m � rt'r" � c m� .T1 � 2 � T Z � Z � o � m ;\�j� � �� � :. .�. �� o�� j��i I � /\\� I—..;.:..tl� /\� � � � � o. �. 4 �,m�� �� o -imc� � CO v m ^'-Z v C) ZO C� p--1 n � o AO n o 1 � p m r�mG�i Z� m v� � � p N W 4� � A Z O � m �,.6. m n n� � m Z D m � -i � � D D = 1 n--`a'r�- mz 3N O �-i. X ➢ _ N � �.()C) ~ A� Z Z r ➢ �C� G)p Z �m�z�A ro � � o r z � �� N z m o D � m � O y O 0 T zm � I � 0 � m 0 Z � � 6' VARIES � 3' L . 2� �� CLUBHOUSERENOVATIONSFOftTHEPARKSANOCO?1JAUNITYSERVICES � a � � � s � o I' X � �om� zo� ��D DEPARTMENTOFTHEqTYOFFORTWORTHAT � � �� q � = s o v`�3'�.,'� -pm Cn � �_ ^ a a a o��� �y� o�o PECAN VALLEY MUNICIPAL GOLF COURSE I' O ' v� m�UZ�7 6400 PECAN VAILEY DR. PORT WORTH, TEXAS 76132 � A x? ��� tn = -�'i= omn z � � z � G� p -n � c] C A y n Z � � z � m � O y � N � m o� fTl = � �q�� ! ��-� �II i �� � City of Fort Worth Pecan Valley Golf Course SECTION 07611 - CUSTOM SHEET METAL ROOFING (REVISED) PART 1 GENERAL 1.01 SECTION INCLUDES 1 /2/2013 A. Pre-finished galvanized sheet steel roofing, ', associated flashings, and underlayment. B. Counterflashings. 1.02 REFERENCES A. AAMA 2605 - Voluntary Specification, Performance Requirements and Test Procedures for Superior Performing Organic Coatings on Aluminum Extrusions and Panels; 2002. B. ASTM A 653/A 653M - Standard Specification for Steel Sheet, Zinc-Coated (Galvanized)�or Zinc-Iron Alloy-Coated (Galvannealed) by the Hot-Dip Process; 2001 a. C. ASTM D 226 - Standard Specification for Asphalt-Saturated Organic Felt Used in Roofing and Waterproofing; 1997a. D. ASTM D 4586 - Standard Specification for Asphalt Roof Cement, Asbestos-Free; 2000. E. SMACNA (ASMM) - Architectural Sheet Metal Manual; Sheet Metal and Air Conditioning Contractors' National Association; 1993, Fifth Edition. 1.03SUBMITTALS A. See Section 01300 - Administrative Requirements, for submittal procedures. B. Shop Drawings: Indicate material profile, jointing pattern, jointing details, fastening methods, flashings, terminations, and installation details. C. Product Data: Provide data on metal types, finishes, characteristics. D. Submit two samples 12x12 inch in size illustrating metal roofing mounted on plywood backing illustrating typical seam. E. Submit two samples 6x6 inch in size illustrating metal finish color. 1.04QUALITY ASSURANCE A. Perform work in accordance with SMACNA Architectural Sheet Metal Manual requirements and standard details, except as otherwise noted. B. Installer Qualifications: Company specializing in performing sheet metal roof installations with minimum three years of experience. 1.05 MOCK-UP �1 : Construct mock-up of sheet metal roofing, illustrating associated attachments. Locate where directed. CUSTOM SHEET METAL ROOFING 07611 REV - 1 City of For� Worth Pecan Valley Golf Course C. Mock-up may remain as part of the Work. 1.06 PRE-INSTALLATION MEETING A. Convene one week before staring work of this section. 1.07 DELIVERY, STORAGE, AND PROTECTION 1 /2/2013 A. Stack material to prevent twisting, bending, or abrasion, and to provide ventilation. Slope metal sheets to ensure drainage. 1.08 WARRANTY A. See Section 01780 - Closeout Submittals, for additionai warranty requirements. B. Correct defective Work within a five year period after Date of Substantial Completion. Defective work includes degradation of inetai finish. C. Provide five year manufacturer warranty. Warranty shall include degradation of metal finish, and failure of watertightness or seals. PART 2 PRODUCTS 2.01 SHEET MATERIALS A. Pre-Finished Galvanized Steel Sheet: ASTM A 653/A 653M, with G90/Z275 zinc coating; 24 gage core steel, shop pre-coated with modified silicone coating; color as selected. ' � -� .• . . . � •• • • •:' • • 2.02ACCESSORIES A. Fasteners: Galvanized steel, with soft neoprene washers. - . „ ■ ►. _ - - --- � .� .�:...:..�:_._...:.a--�..�-'-;i���� . .-.:_ _ :.��.�=sr " -;i:t:�a � � . . . . ... — _ - - - i:a � _ ._ �� � . -- �T.G'1 R�.S!7�7STlJT: ��il� : i ��:j����\I A. Form sections true to shape, accurate in size, square, and free from distortion or defects. B. Fabricate cleats of same material as sheet, same gage as roofing sheet, interlockable with sheet. C. Fabricate starter strips, interlockable with sheet. CUSTOM SHEET METAL ROOFING 07611 REV - 2 City of Fort Worth Pecan Valley Golf Course D. Form pieces in longest practical lengths. E. Hem exposed edges on underside 1/2 inch; miter and seam corners: 1/2/2013 F. Form material with standing seams, except where otherwise indicated. At moving joints, use sealed lapped, bayonet-type or interlocking hooked seams. G. Fabricate corners from one piece with minimum 18 inch long legs; seam for rigidity, seal with sealant. H. Fabricate vertical faces with bottom edge formed outward 1/4 inch and hemmed to form drip. I. Fabricate flashings to allow toe to extend 2 inches over roofing gravel. Return and brake edges. 2.04FACTORY FINISHING A. PVDF (Polyvinylidene Fluoride) Coating: Superior Performance: Organic Finish, AAMA 2605; multiple coat, thermally cured fluoropolymer finish system; color as scheduled. B. �rimer Coat: On coated sheets, finish concealed side of sheet with primer compatible with finish system as recommended by finish system manufacturer. PART 3 EXECUTION 3.01 EXAMINATION . - . � �n_ ��� . . . . . � E. Verify roofing termination and base flashings are in place, sealed, and secure. 3.02 PREPARATION A. install starter and edge strips, and cleats before starting installation. B. Back paint concealed metal surfaces and surfaces in contact with dissimilar metais with protective backing paint to a minimum dry film thickness of 15 mil. 3.031NSTALLATION - ROOFING A. :. .. [�1J.:1�'�J11�L�l�l�l���i���i l�\'��l��l������ii�[�l�r CUSTOM SHEET METAL ROOFING 07611 REV - 3 City of For� Worth Pecan Valley Golf Course C. (�I�n+ nnr� co�m �II iniritc 1 /2/2013 � �• .• •. E. Provide formed metal pans for protrusions through roof. Fill pans watertight with plastic cement. 3.041NSTALLATION - STRUCTURAL PANEL ROOFING A. Conform to SMACNA Architectural Sheet Metal Manual. B. Lay sheets with long dimension perpendicufar to eaves. Apply pans beginning at eaves. D. E. F. G. Stagger transverse joints of roofing sheets: At�eaves and gable ends, terminate roofing by hooking over edge strip. ��._.:: ..:.:�.�, ..�......� �� -. . „ . .. I. J. — -- — : n_-•-�=e_..��..���_.�:._n�_,::,a� Terminate s�+� seams at ridge and hips by turning down with tapered fold. � -•- - _ . . . .. .. � . ���n�a���n�� _ - 3.051NSTALLATION - FLASHINGS . . .. . . B. Secure flashings in place using concealed fasteners. Use exposed fasteners only where permitted. C. ❑� Cleat and seam all joints. .. _. ... .. E. Fit flashings tight in place. Make corners square, surfaces true and straight in planes, and lines accurate to profiles. F. Seal metal joints watertight. CUSTOM SHEET METAL ROOFING 07611 REV - 4 City of Fort Worth 3.06 PROTECTION Pecan Valley Golf Course A. Do not permit traffic over unprotected roof surface. END OF SECTION CUSTOM SHEET METAL ROOFING 1 /2/2013 07611 REV - 5 City of Fcirt Worth Pecan Valley Golf Course 1 /2/2013 SECTION 10531 - ALUMINUM CANOPIES Part 1 Generai 1.01 Related Documents A. The requirements of Division 1 specifications shall apply to work specified in the section. 1.02 References A. International Building Code 2006 B. ASCE 7-05, Minimum Design Loads for Buildings and Other Structures C. Aluminum Design Manual 2005 D. Local governing codes and standards for site location 1.03 General Description of Work �- - A. Work in this section shall include design, tabrication, and installation of pre- engineered, pre-finished aluminum sunshades. All work shall be in accordance with the shop drawings and this specification section. 1.04 Submittals A. Shop Drawings — Submit complete shop drawings including: 1) Overall sunshade layout dimensions 2) Cut section details inciuding elevation, and sunshade connection details. B. Product Data — Submit rnanufacturer's product information, specifications, and installation instructions for the aluminum sunshades. C. Samples — Submit color selection samples of actual coated aluminum material or actual anodized aluminum material. D. Certification — Provide letter of compliance certifying that the proposed sunshade design and layout meets or exceeds all applicable loadings (ex: wind load, rain live load, dead load, snow load) for the job location (city & state) in accordance with IBC 2006 and ASCE 7-05. ALUMINUM CANOPIES 10531 - 1 City of Fort Worth Pecan Valley Golf Course 1`/2/2013 1.05 Quality Assurance A. Components shall be assembled in shop to greatest extent possible to minimize field assembly. B. Aluminum sunshade, including material and workmanship, shall be warranted from defects for a period of one year from date of completion of aluminum protective cover installation. Part 2 Products and Materials 2.01 Acceptabie Manufacturers A. Mitchell Metais, LLC 1761 McCoba Drive, Suite A Smyrna, GA 30080 Phone 770.431.7300 - � Fax 770.431.7305 - www.mitchellmetals.net B. Equivalent systems by other manufacturers will be approved for substitution by addendum if the following conditions are met: 1) Other manufacturers must have submitted requested information and have been qualified to bid no less than 10 days prior to bid closing date. 2) Manufacturer must submit complete company literature and information to the architect for review 3) Manufacturer must submit complete proposed sunshade system details, including sizes and strength values of all members to be used. 2.02 Design & Assembiy A. Aluminum sunshades shall consist of outrigger brackets, outriggers, and fascias. B. The outriggers shall connect to the outrigger bracket usirig stainless steel nuts, bolts, and washers. Each outrigger bracket shall support two outriggers, unless it is the finai outrigger at each end of the sunshade. C. The fascia shall attach to the outriggers using counter-sunk stainless steel fasteners. The fascia shall be attached to each "pair" of outriggers and shall have a'/z" break at each connection point due to the outrigger bracket thickness. ALUMINUM CANOPIES 10531 - 2 c�ty of F�rt wo�tn 2.03 Materials Pecan Valley Golf Course 1 /2/2013 A. Fascia 1) Fascia shall be square faced 2) Square fascia shali be or 8" in height and shall have a minimum thickness of 0.125". B. Outriggers 1) Outriggers are to be 6" or 8" in height and have a projection of 3'-0", 4'-0", 5'-0", or as indicated on-architect's drawings. Minimum outrigger thickness shall be'/a". 2) Outriggers are to have holes pre-drilled to receive air foils/ louvers per layout shown on drawings. 3) Outriggers shall have 4 pre-drilled holes to allow connection to the extruded outrigger bracket. 4) Outriggers are to have a square end for flat fascia. 2.04 Fasteners A. All fasteners shall be 300 series stainless steel. 2.05 Finishes ALUMINUM CANOPIES 10531 - 3 City of Fort Worth Pecan Valley Golf Course 9/2/2013 A. Factory applied Kynar finish 1) Kynar finish is to comply with AAMA 2605. 2) Color is to be as selected by architect from manufacturer's standard color chart. Part 3: Installation and Execution 3.01 Erection A. Sunshades are to be instailed according to approved shop drawings and plans. B. The entire structure shall be installed straight, true, level, and plumb according to standard construction procedures. C. All joints, corners, and connections shall be tight and clean. D. All exposed fasteners are to be painted to match the canopy color. 3.02 Cleaning A. All sunshade surfaces exposed are to be cleaned after installation is complete. B. Surplus materiais and debris shall be removed from the jobsite after installation is complete. 3.03 Protection A. General Contractor shall ensure protection of installed aluminum sunshades from other construction so that sunshades are without damage at time of substantial completion of project. END OF SECTION ALUMINUM CANOPIES 10531 - 4 � CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 4 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion Request for Proposais Submittal Date: January 3, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. The list of Pre-Proposal Conference attendies is attached. Acknowledge the receipt of this Addendum No. 4 on your Proposal. - Douglas W. Wiersig, PE DIRECTOR, TRANSPORTATION & PUB�IC WORKS DEPARTMENT By: Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: December 13, 2012 Pecan Vailey Golf Course Clubhouse Renovations and New Pavilion Addendum No. 4, December 13, 2012 Page 1 of 1 ��a U � � .� � � � � X m � 'r' � U �U � � } O_ 7 � .L � U O a d�'� � � a � w r _ C N U ti � �� O � � 4].. U , � . ' L�.�-... a_ � ma 0 -� �--y � .QGc--- c � � U � a. � m � � � � a � � a � �� � �� .� c � ��� a � _� �a� � �� r ti o '� w aw o=- U U1=i� 4 .� U �' � � � .� L � � .� E W � � n � � � 1 � �1 �ti o "?' M. � � � .� 0� �.'� ',-�_ 4y �J � �. o a N � .� � � � _� � � �� 0 � ,� v - �p � `) � � - � J -S. � � u ` x � +n '^� A � U � v � ~ ti� �� ��.J v \� '� V J • � j�, � � � � ti ` � .... � � � � N M �; � T c o �' � 9 v �r .1 � � .S� � V �. .� � � 9` � .4 � �� � � � 0 � � � � � � ` T �. � �.. �`�' �?p �: � 4 r1 �g �fy � L+ � � jS' �, t1i � S tJ 4 ti. ' � � � ry � '� � � r_ � � � � � � �'� �... . _ tr- �� =� r3 '�. a � 3 �--r � � � _� z .. s t.� � � � v � -� ��. o � '� � � � t�� Q � � V �� �1 � � � '��. .� � � � � � � � ,1.3 � � n� �� � �� ti � � � � Z � � 3 .� � a � S V `� �1 � � V � � � tr r 3 � �9 � � ..� � � . � � � � � � � v o � v � � � �� � � ;� � � s'a � � '�/ r, � r � U � � � � ` � � �� � � � � � �� � � � � �_�, ..� � _ � r o � Q co � , � � �- �Y S�, c�b � a (� �l� � � �t � � � \ � � ` . � N t�t �� Q � � � � ti= �a �, J a � � � y .S J � '�. � ��J � v° � �- � ,, . �.__ � � � � ��� �:.._. . �... � � Q �' � � � � x $ � � w �- .� ,� h � � `� � �� � �, � U d Q .� � � � � ^ iro � t-- � ��� ��o � � Q � o u.. � U G �. � N e- C O O N U � � t" � � o � a E 4 c�j � a� dQ �'o �d � U tl? 12. � � � d � 0 � � o� � � �� a� ��� ��� ��_� .o � �o� � �� Q .� ' O cq = a � �V UF�� � � _ ..�SL � -05L'�- � � � (0 � �� � SG � � � �� �� I .� ��� � � �� �:.. ( � � v � �J �� � J �J � � J � � � � � � � v � � ? v � � � � AO �al. 1.(? A � ���� �� � � 0. O „ � � a � � .� �N � .� i�r. �, N � � �� � � �.0 � � � � � � � � �. � X � �s� - EV ,? t� t 4 ,�t'K'jl � i' � �- � . _.:� r� c �J ' ► �1 � � 'Q" , m •�i'- c� rr`.. N' � � -�--�..�-� � _y`i" ' r � � � � . � �� ...__� � ._� � it�._.. _ . _. ..� � � � ; (ll � CO Z �� �. � .) � .. ,, , � i ,� � .--�__..._.._ - CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 Pecan Valiey Golf Course Clubhouse Renovations and New Pavilion Request for Proposals Submittal Date: January 3, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. The Notice to Offerors is attached with the correct Pre-Proposal Conference date. Acknowledge the receipt of this Addendum No. 2 on your Proposal. Douglas W. Wiersig, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: Ronald Clements. AIA Project Manager Facilities Management Division 817-392-8014, FAX 817-392-8488 RELEASE DATE: December 6, 2012 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion Addendum No. 2, December 6, 2012 Page 1 of 1 NOTICE TO OFFERORS Proposals for the Pecan Valley Golf Course Ciubhouse Renovations and New Pavilion, located at 6400 Pecan Valley Drive, Fort Worth will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, January 3, 2013, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. = 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. A Pre-Proposal Conference will be held at 10:00 A.M., Tuesday, December 11, 2012 at the Pecan Valley Golf Course Clubhouse The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $340,000.00 range. The anticipated schedule is 90-120 calendar days: As of June 1, 2012, the City of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations: Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this Contract. The MBE participation requirement is 17%. Offerors must submit Utilization Plan within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Contact the MBE Office at (817) 212-2678 to obtain list of certified subcontractors and suppliers. 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, inform the Project Manager or Architect who can then inform interested subcontractors. General Contracfors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The bid documents may be viewed and printed on-line. Bid documents are not available at the City. The bid documents may be viewed and printed on-line by logging on to htfps:Jlpraiecfpoint.buzzsaw.com/fortworthpov with the user name "Cowtown", password "Cowfown2004", and click on "T/PW Projects". Contact the Project Manager, Ronald Clements, at (817) 392-8014 or Email Ronald,clements(a�fortworfhqov.orq for assistance. For addifional information contact James Nader, Nader Design Group, (817) 336-9010, or Email james(c�naderdesiqn.com Advertisement: November 29, 2012 December 6, 2012 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion November 2012 C1TY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 Pecan Val[ey Goif Course Clubhouse Renovations and New Paviiion Request for Proposa(s Submittaf Date: January 3, 20'[3 (NO CHANGE) The Request for Proposais for fhe above project is hereby revised and amended as follows: 1. Page Five of #he Instructions fo Offero�s is aftached and revised to reflect the MBE goal of 17%. Acknowledge the receipt of this Addendum No. ') on your Proposal. Douglas W. Wiersig, PE --- � DiRECTOR, TRANSF'ORTATIbN & PUBLIC WORKS-DEPARTMENT By: � � ' � Ronald Cfements_ AIA — -� � - `" - raciu[�es managemenc uivision 817-392-8014, FAX 817-392-8488 r�cLcASE �r�T�: e�ecemner 3, 2�i2 i- Pecan Valley Goff Course Clubhouse Renovations and New Pavilion Addendum No. 1, December 3, 20'12 Page 1 of 1 accommodate the event schedules on a case-by-case basis with the acceptance of the exfension of contract time at no additional cost to the Owner. 4. Reputation and experience of the Offeror as demonstrafed by listing pasi and present Audio projecfs where 24/7 service is provided, and references with names and telephone numbers, and list of subcontractors, if applicable (10%} � 6. Offeror's past relationship with the City of Fort Worth (90%). If the Offeror does not have a past re(afionship with the City, the OfFeror will receive (5%) for this item. If the score for any individual rafing criteria is rated as zero, this will result in the overaif score being zero regardiess of how many points coulci have been earned in the other categories. Affer ranking the responses io the R�'P, the Cify sha(l first attempt to negotiate a contractwith the se(ected Offeror. The City and its architect may discuss with the sefected �fferor options for a scope or fime modification and any price change associated with the modification. � !f the City is unable to negotiate a cantract with the selected Offeror, the City shall, formally and in _ writing, end negotiations with fhat Offeror and proceed to the next Offeror in the order of the selection ranking unfi[ a contract is reached or aEl proposals are�rejecfed. 2. MlNORITY BUSINESS ENTERPRISE (MBE) {BEST VALUE PROPOSAL) Minoritv 8usiness Enterprise Provisions: As of June �f , 2012, The Ciiy of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the Cify's availabifity and disparity study findings and recommendations. During this transifion period interested Offerors must obtain a MBE listing from the M/WBE Office af 817- 212-2674. This wi[I ensure that MBE (istings reflect only those currently cerfi#ied by the No�th Central Texas Regional Cer�ification Agency (NCTRCA) focated in fhe six {6) county geographic marketplace that have been accepted by the Gity. The City's geographic marketpface includes the counties of: Tarrant, Dalfas, Denfon, Johnson, Parker and Wise. Offerors are sfrongly encouraged to confirm that each MBE that it intends to use is (oca#ed in the geographic markefplace fhat wiil be counted towards the estab(ished goal. All Oifero�s shal[ nofe thai ii is the policy of the City of Fort Worth to ensure fhe full}and equifable participation of,Minority Business Enterprises {MBE) in the procurement of goods and services. If fhe tataf dollar value of the contract is greaier than $50,000, then an MBE subcontracting goal may be applicable. . The MBE goal an this project is 17%. The information sha11 be submifted with the proposal and shall include: (1) the name, address and telephone number of each MBE; (2) the description of the work to be performed by each MBE, and (3) the approximate dollar amounf/percentage of the participation. , A Minorify Business Enferprise is defined as a business concem located in ihe Marketpiace meeting ihe following criteria: . . a. is at Eeast 51 percent owned by one or more minoriry persons, or, in the case of any publiclyowned business, at leasf 51 percenf of the stock is owned by one or more minarity persons; and b. management and daily business operations are controlled by one or more minority persons who own it. � Pecan Valley Golf Course CIubhouse Renovations and New Pavilion S November 2012 NOTICE TO OFFERORS Proposals for the Pecan Valley Clubhouse Renovations and New Pavilion, located at 6400 Pecan Valley Drive, Fort Worth will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, January 3, 2013, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. 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. A Pre-Bid Conference will be held at 10:00 A.M., Tuesday, November 13, 2012 at the Pecan Valiey Golf Course Clubhouse. The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $340,000.00 range, As of June 1, 2012, the City of Fort Wort� � is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this Contract. The MBE participation requirement is 17%. Offerors must submit Utilization Plan within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Contact the MBE Office at (817) 212-2678 to obtain list of certified subcontractors and suppliers. 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, inform the Project Manager or Architect who can then inform interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The bid documents may be viewed and printed on-line. Bid documents are not available at the City. The bid documents may be viewed and printed on-line by logging on to https:/Iproiectpoint.buzzsaw.com/fortworthqov with the user name "Cowtown", password "Cowtown2004", and click on "TPW Facility Projects". Contact the Project Manager, Ronald Clements, at (817) 392-8014 or Email Ronald.clements(c�fortworthqov.orq for assistance. For additional information contact James Nader, Nader Design Group, (817) 336-9010, or Email james(a).naderdesiqn.com Advertisement: November 29, 2012 December 6, 2012 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC 2 May 2013 TABLE OF CONTENTS NOTICE TO OFFERORS TABLE OF CONTENTS INSTRUCTIONS TO OFFERORS PROPOSAL TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE WAGES RATES WEATHER TABLE CONSTRUCTION CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW PROJECT SIGN Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC 3 May 2013 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 Proposai 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. • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted (5% of the total of both fire stations if the Offeror is submitting proposals for both fire stations). In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The 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 Citywill consider: 1. Proposed cost (60°/a) The lowest priced responsive proposal will receive 60 points for this rating criteria. 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 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%). 3. Proposed project schedule (10%) The estimated performance period is in the 90 — 120 calendar range. Proposals with a proposed schedule within this range will receive 10 for this rating criteria. Proposed schedules that are shorter by no more than 20% of the estimated performance period will also receive 10 points. For ali other proposed performance periods, the points awarded wiil be reduced by one percent for every percent the proposed schedule is different from the estimated performance period, rounded to the nearest whole number. For this project, the Arena Meeting Rooms will remain operational during the construction period. The selected contractor will Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC 4 May 2013 accommodate the event schedules on a case-by-case basis with the acceptance of the extension of contract time at no additional cost to the Owner. 4. Reputation and experience of the Offeror as demonstrated by listing past and presenf Audio projects where 24/7 service is provided, and references with names and telephone numbers, and list of subcontractors, if applicable (10°/a) 5. Offeror's past relationship with the City of Fort Worth (10%). If the Offeror does not have a past relationship with the City, the Offeror wili receive (5%) for this item. 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 RFP, the City shali 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 any 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 BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) Minoritv Business Enterprise Provisions: As of June 1, 2012, The City of Fort Worth is implementing the 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 at 817- 212-2674. 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. All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority Business Enterprises (MBE) in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal - may be applicable. The MBE goal on this project is 17%. The information shall be submitted with the proposal and shall include: (1) the name, address and telephone number of each MBE; (2) the description of the work to be performed by each MBE; and (3) the approximate dollar amount/percentage of the participation. A Minority Business Enterprise is defined as a business 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 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. Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC 5 May 2013 The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal. 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 strongiy encourages joint ventures. If Offeror failed to meet the stated MBE 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 MBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated MBE goal, may render the proposal non- responsive. The MBE plan will be part of the final weighted selection criteria. 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposai. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids, unless the Bidder agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC 6 May 2013 if the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the g contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. 5. PRE-BID SITE INVESTIGATION: Prior to filing a response, the bidder shall examine the site(s) of the work and the detaiis of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be perFormed and materials and equipment required. The filing of a response by the bidder shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. 8. POST BID - PREAWARD SUBMITTALS: Offerors are required to submit the following information to the Architectural Services Division, Facilities Management Group, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-8088), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday foliowing a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: Minority/Women's Business Documentation (for bids in excess of $25,000) Contractors Qualification Statement (AIA Form A305) Proposed Subcontractors and Suppliers Project Schedule Schedule of Values or Divisions 1 through 16 Breakouts Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should a Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed bids. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC 7 ' '. May 2013 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 wili include all remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for coordinating with City and utility companies for instal�ation of utilities. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be obtained directly from printers or downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been� listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also refer to specification section 01630 Product Options and Substitutions. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC 8 May 2013 , �� PR�PQSAL T0: MR. TOM HIGGINS, PE CITY MANAGER ATTN: PURCHASING OFFICE 100Q THR�CKMORTON CITY �F FQRT WC7RTH, TEXAS F�R: Pecan Va(ley Golf Course Clubhouse Renovations and New Pavilion 640Q Pecan Valley Drive Fort Worth, Texas Project Na. TPW2011-22 Pursuant to the foregoing "Instructions ta Ufferors," the undersigned has thoroughly examined the pians, specifications and the site, understands the amount of work to be done, and hereby proposes ta do all the work and furnish all labor, equipment and materiais necessary to fully complete ali the work as provided in the plans and specifications, and subject to the inspectian and approvai af the Director of Transpartation and Public Warks of the City af Fort Worth. Upon acceptance of this Proposal by the City Cauncil, the bidder is bound to execute a contract and, if the contract amaunt exceeds $25,Od0.OD, furnish acceptabie Perfarmance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and far the foliowing sum, to �Nit: DESCRIPTfON OF ITEMS : S. -���• . � r � � Gompletion �vithin ��calendar days after date af Notice to Proceed. Aiternates: 1. 2. 3. 4. 5. Porch and Cover 10q $ U b7�• �� Addition or Reduction in Calendar days 3� Cannector Canopy 2a1 $ ` � .�� Addition or Reduction in Calendar Days �� Catering Area 205 $ ,oD Addition or Reduction in alendar Days Exterior Metai Railings $ Z . Addition or Reduction in Calendar Days Sales 102, Pro Shop 1Q3, Food Seniice 111 and Dining 112 $ 2 ��D� Addition or Reduction in Calendar Days 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 Gfferor. The City reserves the right to accept ar reject any and all bids or any cambination thereof praposed for the above work. Pecan Valley Golf Course Clubhouse Renovati�ns and Ne�v Pavilion November 2012 t p 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 G20 relative to the a�Mard of contracts to non-resident bidders. The law provides that, in order to be av�iarcied 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 bidcier by the same amount that Texas resident bidder would be required to underhid a non-resident bidder in order to obtain a comparable contract in the state in v�rhich 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 arder for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. �_� Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. I_� Non-resident vendors in (give state), are not required to underbid resident bidders. B. I�Cj Our principal place of business or corporate offices are in the �tate of Texas. F Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder vdill execute the fori�nal contract ancl will cieliver a�proved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($� is to became the property of the City of Fo�t Worth, Texas, or the attached Bidder's Bond is to be forfeited in the everrt the contract and bonds are not executed �niithin the r time set forth, as liquidateci damages for delay and additional work causeci thereby. MINORITYNVOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25,000) • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/V�BE participation within FIVE BU�INE� s DAYS of submittal of this Proposal in orderto be considered RESPONSIVE. (The rest of this page intentionally left blank.) [I Pecan Valley Golf Course Clubhouse Renovations and New Pavilion November 2012 Name .' � , „ tl,`�i �r� .���t� �U�. Printed Name of Principal 5treet ����� c-(�a�, L.LC a�� Title . l�s ,` l� 7C��o5 city zip Phone: � � �-(-0> ��c�o -��-(05 Fax: � b�� �,) �U J� —�-t' cS 7 EmaiL � b,Q.2,��p. c� li � iCS C�.OnSi-rU c'�iU� •�r 2 Respectfully submitted, L��ks �� By: Acidress: Receipt is acknowledged of the following addenda: Addendum No. 1: � Addendum No. 6: � Addendum No. 2:�� Addendum Na. 7:J� Addendum No. 3: ,� Addendum No. 8: Addendum Na. 4:� Addendum No. 9: Addendum Na. 5:� Addendum No. 1�: Pecan Vallzy Golf Course Clubhouse Renovations and Ne�v Pavilion Novzmber 2U12 Respectfully submitted, By: Acicfress: Street ``� �� i � `� i� a�l c�� .�, Phone: ` �. � � � Fax: � �i � Email: � {r�Q.��o. tVlKS �(� Go Name ���� � ��:s.. .�,��.c� Si natur�' � iiZ�1 ��' . ��� � Printed me of Principal � �. � Receipt is acknowledged of the f Addendum No. 'I : Addendum Nc�. 2: Addendum No. 3: .� Addendum Na. :� Addendum No 5:� � a �`� �— l� � >��- �� � � c' � e � i a � �. L. �., 1����p��� � �itle . 1 c�� �� Zip .� �� �n�$��(.1 e.'�t�.�-, . �jo 2 ng actdenda: � Addendum No. 6: �'\ �� Addendum Na. 7: `, Addendum PJo. 8: ,�''� ,. Addendum �do. 9: ; Addendum No. 1 Q: `� � Pecan Valle.y Golf Course Clubhouse Renovations and New Pavilion �1ov�mber �U12 TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser, Firm or Agency: City of Fort Worth, Texas Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton Cify, State, Zip Code: Fort Worth Texas 76102 Telephone: (817) 392-8360 I, the purchaser named above, ciaim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from: � Description of the items to be purchased, or on the attached order or invoice: All items except motor vehicles as listed below Purchaser ctaims this exemption for the following reason: Governmental Entitv I understand fhat 1 wil[ be liable for payment of sales or use taxes which may become . due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used in a manner other than expressed in this certificate and that upon conviction ! may be fined not more than $500 per offense. n (� Purchaser: Title: Date: February 1, 2007 Note: This certificate cannot be issued for the purchase, lease or rental of a motor vehicle. THIS CERTlF1CATE DOES NO�' REQUIRE A NUMBER TO BE VALID Sales and Use Tax "Exempfion Numbers" or "Tax ExempY' Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC May 2013 2009 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Hea('th/ _ : � Total � �. � Avg Hrly � � �� _�-, : =. �, � �`; � _ Class�fication �. � Rate, � �' Welfare ,,,Pensi,on= � � VacattQn . _ Peckage� � � � . � � . : ._ : . . � - . ������� -.- � � �� � �� � �� � • . - �� � � �� • . . - • - .- �� � �� � �i � ��- � . - � �� � �� � �� � �� � �t . - • �� � �� i �� � . - . • - .- � � �� � �� � �� � � . � - � - ����� '' � . �- - - �- �� � �: �� • - - - �� � � ' �� . - - - - . - �� � � ' �� � - . . - �� � � �� • - - . : .- - �- �� � � � � � � . - . �� � � � � � � - .- �� � �� �r '' � � ..- �� � � � �� � �� � � ..- - �- � � � � �� � �� � - . � - . �� � � �� '' � , - . - �� � � �� . - � �� ��� � �� t �� ��� • -�- ��� ��� � �� � t� � i� �• ..- � � �� ��� � �� � �� � �� .• :�� � �� � �i � �� : �� �. - •- � �� � �� � �� � �� � �� ���� '' �� . - - . - �� � � �� . � ��� � � : �� '' . • - . - ����� .�. - . � � � � � �. � �: � ��� ..• - -. �� � �. �� Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC May 2013 Lather $17.00 $0.00 $0.00 $0.00 $17.00 Lather Helper $15.00 $0.00 $0.00 $0.00 $15.00 Metal Building Assembler $16.00 $1.56 $0.63 $0.00 $18.19 Metal Building Assembter Hetper $12.00 $1.56 $0.63 $0.00 $14.19 Painter $12.57 $0.69 $0.02 $0.09 $13.37 Painter He(per $9.98 $0.61 $0.02 $0.09 $10.70 Pipefitter $21.14 $0.90 $0.13 $0.45 $22.59 Pipefitter Helper $14.92 $0.58 $0.11 $0.23 $15.82 Plasterer $17.24 $0.05 $0.00 $0.00 $17.30 Plasterer Helper $12.85 $0.05 $0.12 $0.43 $12.90 Plumber $20.33 $0.69 $0.12 $0.43 $21.56 Plumber Hetper $14.95 $0.95 $0.11 $0.00 $16.42 Reinforcin� SteelSetter $13.01 $0.36 $0.07 $0.23 $13.67 Reinforcing SteelSetter Helper $11.19 $0.25 $0.05 $0.16 $11.64 Roofer $16.78 $1.25 $0.23 $0.17 $18.43 Roofer Helper $12.33 $1.25 $0.23 $0.17 $13.98 Sheet Metal Worker $17.49 $0.97 $0.10 $0.51 $19.06 Sheet Metal Worker Helper $14.16 $1.40 $0.17 $0.44 $16.15 Sprinkter SysEem instalter $19.17 $1.68 $0,33 $0.33 $21.52 Sprinkler System Installer Hetper $14.15 $1.50 $0.00 $0.50 $16.07 Steet Worker Structurat $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker Structural Hetper $13.74 $1.37 $0.39 $0.09 $15.59 Concrete Pu m p $18.50 $0.00 $0.00 $0.00 $18.50 Crane, Ctamsheel, Backhoe, Derrick, D'Line Shovel $17.81 $1.30 $0.12 $0.24 $19.48 Forklift $12.96 $0.42 $0.04 $0.08 $13.50 Foundation Dritl O erator $22.50 $0.00 $0.00 $0.00 $22.50 Front End Loader $13.21 $0.36 $0.06 $0.17 $13.79 Truck Driver $15.21 $0.65 $0.06 $0.19 $16.11 Welder $17.81 $0.92 $0.12 $0.30 $19.15 Welder Hetper $12.55 $0.75 $0.00 $0.33 $13.64 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion - Lulks Construction, LLC May 2013 WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets Rain January 7 1.80 1 February 7 2.36 * March 7 2.54 * April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 * December 6 1.82 * ANNUALLY 77 32.30 1 (1) Mean number of days rainfall, 0.01" or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more * Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period This table is to be used as a basis for calculation of excess rain or weather days for projects with . duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. Pecan Valley Golf Course Clubhouse Renovations and New Pa�ilion — Links Construction, LLC May 2013 c�ty of Fo�t wortn, reXas Transportation Public Works Department Facilities Management G�oup/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 ail 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 aitering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant ali labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originals, 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 Contractoc Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder shall examine carefully the, plans, 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 himseif 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 compiied 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 possibie, the Contract Documents will be bound together and executed as a single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: The Architecf 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 dispufe between any of the parties to the Contract and the Architecf or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman, or involving any question of faultor liability of any party, the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and, with the exception of one Contract set fo� each Party to the Contract, are to be returned to the Owner on request at the completion of the work. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 1 of 27 Pecan Valiey Golf Course Clubhouse Renovation and New Pavilion (May 2013) A=10 MINORITY BU5INESS ENTERPRISE (MBE) POLfCY: As of June 1, 2012, The City of Fort Worth has implemented the 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 an MBE listing of African American firms from the M/WBE Office at 817-212- 2674. This will ensure that MBE listings reflect onlv those currentiy certified by the North Central Texas Regionai Certification Agency (NCTRCA) located in the six (6)-countv 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 stronqly encouraqed 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 foilowed 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 federaily funded Projects. A-11 , CORRELATION AND INTENT: In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or maferials shall be estimated and shall be furnished or inciuded. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-12 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federai 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, i� connection with the empioyment, 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 statufory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcon�ractors, 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 pian or statutory equipment. Contractor warrants it will fully comp�y 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' aileged 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 wili fully comply wifh 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 ailegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the perFormance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "ArchitecY' is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportafion and Public Works or his designated Building Construcfion Manager. The Director, Transportation wiil designate a Project Manager and Building Construction Manager (BCM) to administer this contract and perform the functions of the "ArchitecP' as indicated in the General Conditions. The design architecf or engineer may also be designated to perform the duties of "Architect". The term "City" and "Owner" are used interchangeabiy and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative. B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated, the Contractor shalL• a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the compietion 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 nofice of termination. General Conditions for Faciliiy Construction Lump Sum Contract — �inks Consfruction, LLC Page 2 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) 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 shal) not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any othenvise 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 shali 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 ail parties to this contract. B-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Confract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager wiil provide general administration of the Contract on behalf of the Owner and wiil 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 wili be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Building Gonstruction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the�performance thereunder by the Contractor, subject to the final decision of the Owner. The ArchitecYs decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonabie opinion, the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or tesfing of the Work whether or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawinqs. The Architect wiil review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Chanqe Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive ail written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. , Inspections The Owner will conduct inspections for the pu�pose of determining and making his recommendations concerning the dates of substantial completion and final compietion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicabie equipment installation, operation, and maintenance brochures and manuais required of the Contractor. B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 3 of 27 Pecan Valiey Golf Course Clubhouse Renovation and New Pavilion (May 2013) C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacies to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shali not incur any liabilify 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 instrucfions to the Contractor through the BCM. �_ G4 ACCESS TO JOB SITE: The Owner shall at ali 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 will make visits fo the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisabie in order to insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof; °orto require special inspection or testing of the Work whether or not such Work be then fabricated, instalied or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the Archifect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in ali his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontracY' as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Confractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR: Contractor shall perform ail 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 empioyees. Nothing herein shali be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part, shail not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. D-5 SUPERVISION: The Contracfor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contracf Documents. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) D-6 LABOR AND MATERIALS: Uniess othenvise specifically noted, the Contractor shail provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work ; any unfit person or anyone not skilled in the task assigned to him. D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to pav Prevailinp Waqe 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 inciuded in these contract documents. Penaltv for Violation. A contractor or any subcontractor who does not pay the prevailing wage shail, 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 Citv Determination of Good Cause. Omreceipt 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 31st 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 ciaimant 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 determinafion of the violation. Arbitration Reauired if Violation Not Resoived. An issue relating to an alieged 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 11 th 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 arbitrafion. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of compeient 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. Pav 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. Postinq of Waqe Rates. The Contractor shall post the prevailing wage rates in a conspicuous piace at the site of the project at all times. Subcontractor Comp�iance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. On projects where special wage rates apply (e.g. Davis-Bacon} the Contractor agrees to meet all requirements of such programs. D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in 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 shali furnish satisfactory evidence as to the kind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 5 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) D-10 LICENSES, NOTICES AND FEES: The Contractor shall obtain ail Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-11 CASH ALLOWANCES: The Contractor shali include in the Contract Sum all allowances stated in the Contract '� ' Documents. These allowances shail cover fhe net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handiing cosfs on the site, labor, installation costs, overhead, profit and other expenses contemplated for fhe original aliowance 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 k 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 aliowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, instailation costs, field overhead, profit and other direct expenses resuiting to the Contractor from any increase over the original allowance. D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendenf and necessary assistants who shail be in attendance at the Project site during the progress of the Work. The superintendent shail be satisfactory to the Contractor and the -- Owner. The superintendent shall represent the Gontractor and all communications given to the superiniendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of ail his employees and ail Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shail have the right to either demand the surety to take over the Work and compiete 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 shali pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE: The Coniractor, immediately after being awarded the contract, shall prepare and submif for the ArchitecYs approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shail 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, subjecf to the ArchitecPs approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as weil as the delivery schedule for major pieces of equipment and/or materials. The Coniractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work. The Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work. D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared. by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples fumished by the Contractor to illustrate materiais, equipment or workmanship, and to estabiish standards by which the Work will be judged. The Contractor shall review, stamp with his approval and submit, with reasonabie promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop Drawings and Sampies required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the Contractor shali inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documenfs. General Conditions for Facility Construction Lump Sum Contract - Links Construction, LLC Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) Page 6 of 27 By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, fieid construction criteria, materiais, catalog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility foc any deviation from the requirements of the Contract Documenfs 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. ArchitecPs 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 submittai. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or.equipment. Until acceptance of the Work by the City Council ofithe City of Fort Worth, the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damege to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shail rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-19 CUTTING AND PATCHING OF WORK: The Contractor. shall do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work he shall remove ali 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-ciean", Contractdr shall clean all giass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-21 COMMUNICATIONS: As a generat rule, fhe Contractor shail forward all communications to fhe Owner through the BCM. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmentai Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to fhe award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due invesfigation, has reasonable objecfion 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 General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 7 of Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement behveen 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 enabie 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 shail be deemed to have been inciuded in every subcontract, and every subcontract shali be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub- contract. E-4 MINORIT'Y BUSINESS ENTERPRISE (MBE): Should the base proposal be $50,000 or less, the requirements of this section do not apply. General: As of June 1, 2012, The City of Fort Worth has implemented the 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 of African Americans firms from the MNVBE Office at 817-212-2674. This will ensure that MBE listings reflect onl those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6) countv geographic marketplace that have been accepted by the City. The City's geographic marketpiace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are stronalv encouraqed 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. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors and or suppiiers 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 Construction Manager. Contractor must provide the City with compl,ete and accurate information regarding actual work performed by an MBE on the contract and proof of payment thereot. Contractor further agrees to permit an audit and/or examination of any books, records or files in iYs possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or fhe commission of fraud by the Contractor will be grounds for termination of the confract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to faise statement. An Offeror who intentionaliy and/or knowingly misrepresents material facts shali 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 fo 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 totai dollar amount of the contracf 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. General Conditions for Facility Construction Lump Sum Contract — Links Construcfion, LLC Page 8 of 27 Pecan Valley Goif Course Clubhouse Renovation and New Pavilion (May 2013) 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 goais applicabie 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 O�ce. 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 wouid 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 OOrdinance, exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the MMlBE 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 foliowing: 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- M/WBE subcontractor's/subconsultanYs 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 previousiy submitting bids for ihe work, b) if reasonably practicable, request bids from previousiy non-bidding M/WBEs, and c) Provide to the MM/BE 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 proyide the MlWBE Office with documentation to reflect finai participation of each subcontractor and supplier, including non-MBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each.Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obiigation to pay or to see to the payment of any monies to any Subcontractor. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 9 of 27 Pecan Valley Golf Course Clubhouse Renovafion and New Pavilion (May 2013) E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110, as appropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of $�0,000 shall include, or incorporate by reference, the equal opportunify 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 compiiance. These documents will be submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement 6y 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 goais 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 wotk, 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 shail constitufe an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shail pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor 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 shali not cut or alter the work of any other contractor except with the written consent of the Architect. Any cosfs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the severai contractors as the Director of the Department of Transportation and Public Works shall determine to be just. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 10 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) 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 strictiy compiy with all Federai, 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 ail 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 mutuaily 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 Charfer 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, Federai, 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 and submit a copy of u{idated schedule to the Construction Manager weekly. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap, impact & access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and iheir personnei 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, whefher or not anv such iniurV, damaqe or death is caused, in whole or in part, bv the neqliqence or a/leqed neqliqence of Owner, its otficers, servants, or emplovees. Contractor likewise covenants and agrees to indemnify and hold harmiess the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction io property of the Owner arising from the performance of any of fhe terms and conditions of this Contract, whefher or not anv such iniury or damaqe is caused in whole or in part bV the neqliqence or al/eqed nepligence of Owner, ifs officers, servants or emplovees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been setEled and/or a release f�om the ciaimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the ciaim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a ciaim for damages is oufstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the lasf 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 Proposai to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Coniract 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. General Conditions for Facility Construction Lump Sum Contract — Links Construction, l.l.0 Page 11 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) Bonds shall be made on the forms furnished by or othenvise acceptable to the City. Each bond shall be properly execufed by both the Contractor and the Surety Company. Bonds required by the City shali be in compliance with all relevant local, state and federal statutes. To be an acceptable surety on the bond the name of the surety shoulci be inciuded on fhe current U. S. Treasury �ist of Acceptable Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obiigation 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 contracfed project be determined unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If tne Contractor defaulfs 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 ArchitecYs 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 shail pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He-shali defend all suits or claims for infringement of any pafent 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 Confractor 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 approvais 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 Owner, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shail give nofice as required in the preceding paragraph. If such speciai 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 ArchitecYs additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by him to the Owner. The Architect wiil 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 practicabie, at the source of suppiy. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or approvais by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be required to perform the Work while the existing utility is in service. The existing utility service may 6e interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shali be referred to Architect for adjustment before work affected is performed. Failure to make such notification shail 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. General Conditions for Facility Consfruction Lump Sum Contract — Links Construction, LLC Pecan Valley Goif Course Ciubhouse Renovation and New Pavilion (May 2013) Page 12 Prior to commencing work, the Contractor shall carefuily 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 dupiication 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 measuremenfs at the site or at the building and shall be wholly responsibie for the correctness of same. No extra charge or compensation will be aliowed 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 ofjointed 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. Piace joints to relate to all opening and breaks in the structure and be symmetricaliy 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, efc., 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 shail 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 Confractor 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 potabie water suppiy. 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 are to be mainfained between parallel lines and/or adjacent wali, floor or ceiling surfaces. G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parfs 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 shail be construed to mean that said application or installafion 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 approvai 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. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 13 of 27 Pecan Valley Goif Course Clubhouse Renovation and New Pavilion (May 2013) At completion of work, the General Contractor shail, immediately prior to final inspection of complete buiiding, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient Floors and base, and vacuum carpeting. 2. Dust all metai 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 piumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials. 7. All hardware and other unpainted metals shail be cleaned and polished and all equipment and paint or decorated work shali be cleaned and touched-up if necessary, and all temporary labeis, 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 buiidings and left in good order at the time of final acceptence. Ail paint surfaces shall be clean and unbroken, hardware_shall be clean and polished, all required repair work shali be completed and di�t areas shall be scraped and cieared 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 indicafe the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations causing such probiems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. Ail 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 wili be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metai 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 neatiy 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 wriften consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection, Record Drawinqs: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual: Sheefs shall be 8%z' x 11", except pull out sheets may be neatly folded to 8%z " 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 ali sub-contractors. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 14 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) 2) Complete mainte�ance 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, vaives, water heaters, heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, other materiais. Submit six copies of Maintenance Manual, prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out ali 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 ail systems are functioning properly the representatives shail 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 exec�ted 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 alI 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: At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon compietion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY STORAGE HANDLWG: 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-ferm storage at project site prior to insfallation. 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. G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obiigate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full sized sample and/or detailed information as required to ailow 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. General Conditions for Facility Construction Lump Sum Contract — �inks Construction, LLC Page 15 of 27 Pecan Valley Goif Course Clubhouse Renovation and New Pavilion (May 2013) H-1 DEFINITIONS SECTION H CONTRACT TIME The Contract Time is the period of time aliotted in the Contract Documents for completion 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 Finai Inspection in a timely manner The Date of Commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so fhe Owner may occupy fhe 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 Assistant City Manager, and no other form of acceptance will be binding upon the Owner. A Calendar Dav 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 shali be in accordance with this Section. Extensions of time wiil be as recommended by the BCM with final approval by City of Fort Worth. A Workinq Dav is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by any separate contractor empioyed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shail be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidabie or unavoidable, and the Contractor agrees that he wili make no ciaim for compensatibn, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said exfension of time. SECTION i PAYMENTS AND COMPLETION I-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 Archifect a Schedule of Values of the various portions of the Work, includi�g quantities if required by the Architect, aggregating the fotai 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 dafa to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. 1-3 ADJUSTMENT OF QUANTITIES (NOT USED) General Conditions for Facility Const�uction Lump Sum Contract — Links Construction, LLC Page 16 of 27 Pecan Valiey Golf Course Clubhouse Renovation and New Pavilion (May 2013) I-4 PROGRESS PAYMENTS: On the first day of each month aiter the first month's work has been completed, the Contractor will make current estimates in writing for review by the Architect of materials in place complete and the amount of work perFormed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's tifle 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 ail 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 Appiication for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materiais and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such ofher person. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for PaymenY', and attached thereto AIA Document G703, "Continuation SheeY', to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be aitached before the pay request can be accepted. 1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Appiication, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the BCM's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificafe); and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the ArchitecPs approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of $400,000, the Owner wili retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty. materials or workmanship. The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. I-6 PAYMENTS WITHHELD: The BCM may decline to approve an Applicatiori 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 Applicafions for Payment or, because of subsequently discovered evidence or subsequent inspections, may nuliify 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 probabie filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time; or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for fhe 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. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 17 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) I-7 NOT USED I-8 LIQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract $15,000 or less $15,001 to $25,000 $25,001 to $50,000 $50,001 to $100,000 $100,000 to $500,000 $500,001 to $1,000,000 $1,000,001 to $2,000,000 $2,000,001 to $5,000,000 $5,000,001 to $10,000,000 over$10,000,000 Liquidated Damages Per Day $45 $63 $105 $154 $210 $315 $420 $630 $840 $980 I-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner shouid faii to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been�received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for finai payment, the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete, the Construction Manager shall inspect the project with the Contractor and prepare a"Preliminary Punch LisY'. When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially compiete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the responsibilities of fhe Owner and the Contractor for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a"final punch IisY'. The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been issued, the retainage will be reduced to 4%. Upon completion of the work listed on the tinal punch list to the satisfaction of fhe City of Fort Worth, the retainage may be reduced to 2.5%. Should the Contractor fail to complete ail 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 thaf the Work is ready for finai 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, bilis for materials and equipment, and other indebtedness connected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety fo Final Payment (G707), if any, to final payment, 3) Contractor's A�davit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contracior 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 Subconiractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including all costs and reasonable attorney's fees. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 18 of 27 Pecan Valley Goif Course Clubhouse Renovation and New Pavilion (May 2013) The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all ciaims by the Contractor except those previously made in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following acceptance. I-11 FINAL PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS�AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsibie for inifiating, 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 shail provide all reasonabie 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 ali 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, ail 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 Archifect 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 Contracfor 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 consfruction sites included in this Contract from start to completion of work. Each Contractor, empioyee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City empioyees 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 materiais and shall leave the area as clean and free of spot, stains, etc., as before the work was undertaken. General Conditions for Facility Construction Lump Sum Contract — Links Construction, L�C Page 19 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) J-'6 TRENCH SAFETY: The Contractor shall be responsibie 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 french 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 ail similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on ail 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 unfil 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 shail 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 wili 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 afl coverage agreements wiil 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 Seif-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civii penaities or other civii 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 deciare 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) Certificafe 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 Projecf. Inciudes the time from the beginning of the work on the project until the Contracfor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" inciude, 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 shali 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: General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) Page 20 of 27 i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity wiil have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the . project; iii) provide the Contractor, prior to fhe end of the coverage period, a new certificate of coverege 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, fo 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 shali 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" inciuding leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 21 of 27 Pecan Valley Goif Course Clubhouse Renovation and New Pavilion (May 2013) 2j Commercial Generai Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specificaily requires the removal of Asbestos Containing Materiais, the Contractor, or subcontractor performing the removai, 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 shali 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 suppiies while in transit and while being stored on or off site. If specifically required in the instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF.OF CARRIAGE OF WSURANCE: The Contractor shall_:proyide a certificate of insurance documenting the Transportation and Public Works Department, City of Fort Worth as a"Certificate Hoider", 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 fhe Contractor depending upon fhe agents andlor 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 addifional insured, by endorsement, on all appiicable 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 shail be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is piaced must have a rating of at least A:VII, as stated in current edition of ,4. M. BesPs Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. 4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing i�surance 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 shali 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 waiyer of insurance requirements specified herein. 8) The City of Fort Worth shall be entitied, upon request and without incurring expense, to review the insurance policies including endorsements thereto and, at its discretion, to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or potentiai claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely mannec 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 mainfain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. General Conditions for Facility Construction Lump Sum Contract — Links Construction; LLC Page Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidati�g 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 appiicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor, Owner and fhe Architect, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. ' Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shali be coordinated with the Director, Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized, including the ailowance to Contractor for overhead and profit sfipulated 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, inciuding a reasonable aliowance for overhead and profit as indicted in the original contract proposai. 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 wst 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 shail 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 kvith 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 approvai by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over $25,000. Normal processing time for the City Sfaff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner and Contracior 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 fhat application of the agreed unit prices to the quanfities 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 ihe 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 shali be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shali proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such ciaim, 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 foliowing 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 shali not exceed fifteen percent 15% . 2. Allowance to the Contractor for overhead and profit for extra work perFormed by a Subcontractor and supervised by the Contractor shall not exceed ten percent 10% . General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 23 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) 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 Confract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced, at the Contractor's expense. if any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shail pay such costs unless it is found that this condition was caused by a separate confractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Pians and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, inciuding the cost of the Architect's additional service thereby made necessary. If, within one year after fhe 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 fhe Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not gene�ally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the 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 architecturai 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 Contracfor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work, the Owner may correct if 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 wili be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shail 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 shouid 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. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LI.0 Page 24 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a generai assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properiy skilled workmen or proper materiais, or if he fails to make prompt payment to Subcontractors or for materials or labor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall nof be entitled to receive any further payment untii the Work is finished. If the costs of finishing the Work, including compensation for the ArchitecPs 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 noiice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate aU orders and subcontracts to the exfent that they relate to the performance of the work terminated by the notice of termination. After termination as above, tne City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such ciaim. 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 Fo�t 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 shail be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. _ SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAI.: The Contractor shall maintairr temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under $1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1,000,000.00, the Contractor shall provide a separate field office for the City's field representative {but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During coid 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 compietion 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 General Conditions for Facility Construction Lump Sum Contract— Links Construction, LLC Page 25 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) representatives office: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project sife as required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed, or as directed. P-5 TELEPHONE: The Contractor shali provide and pay for telephone installation and service to the fieid offices described above. Service shali be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project. Contractor will install separate fax lines and instruments for the City and the Contractor. P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity requi�ed during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters wiil be read and the Contractor wiil 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 ot the work all utility lines shall be removed and repairs made to the existing lines. Oniy utilities at existing voltages, pressures, frequencies, etc. will be available to the Contractor. Water. Provide an ampie supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water �' to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work: `Provide pumps, tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to ail points where required. Temporary, electric service shail be of sufficient capacity and characteristics fo 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. Liqhtinq. Supply and maintain temporary lighting so that work of all trades may be properiy and safely performed, in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a sockei 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 miidew 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 su�cient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heaf 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 Confractor 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 empioyees, equipment, the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and otner requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. - The Contractor shail 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 ciosing and locking the building at such time as possible to do so. If this is not feasible, maintain a night General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Pecan Valley Goif Course Clubhouse Renovation and New Pavilion (May 2013) t Page 26 of 27 The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress froin outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin board shali 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 foliowing information which wiil be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Empioyment (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. General Conditions for Facility Construction Lump Sum Contract — Links Construction, LLC Page 27 of 27 Pecan Valley Golf Course Clubhouse Renovation and New Pavilion (May 2013) CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT Pecan a ey 6400 Pecan Valley Drive Fort Worth, Texas Project No. TPW2011-22 City Project No. 01872 That the work herein contemplated shall consist of furnishing as an independent contractor all tabor, tools, apptiances and materials necessary fonstand Co t act Do uments adopted by the project in accordance with the Pians and Specificati Cit Council of the City of Fort Worth, which Plans and Specifications and Contract Documents Y are hereto attached and made a part of this contract the same as if written herein'on of said work The Contractor hereby agrees o{ided' n wr ti g to do so�by the Owner. c�nstruct within ten (10) days after being n a, and the said Contractor agrees to rece�ve� showln on the City agrees and binds itself to p y aforesaid work, and for stated additions thereto or deductions therefrom, thea t hereof. Payment Proposal submitted by thnstailmentsuupon�act alewo ktcompleted byac�ontraptor and accepted by will be made in monthly the Owner and receipt of invoice from the Contractor. The a reed upon total contract amount shall be $a238 03.��co�p�ete the proj ctb sutableafor 9 Alternates One, Two, Four and Five. Contractor g occupancy and beneficial use, within __ calendar days. Insurance Requirements: The Contractor shall not commence Wor po�dments, andr scuchn i'nsurance has beeni insurance required under the Contract approved by the Owner. The Contr nsurance�I or approvalbTherContractor sha lei d cate the sub-contractors' certificates of on its certificate of insurance included in the documen ts for e x e c u t i o n w h e t h e r o r not i s Pecan Valley Golf Course Clubhouse Renovations and New Pa�ilion — Links Construction, LLC May 2013 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT and between This agreement made and entered into this the 7th_.day of May A•�•, 2013 , by Texas, organized and the CITY OF FORT WORTH, a municipal corporation of Tt�e qua fiedtvoters within said City on existing under and by virtue of a special charter adopted bY vested in said voters by the "Home the 11 th day of December, A.D. 1924, under the authority ( assed at a Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly p Links regular meeting of the City Council of said city, Countyf of CaDentonWNERState of Construction LLC of the City of Denton hereinafter catied CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under aheees w'ithntheXpa d Owner to bond bearing even date herewith, the said Contractor hereby J commence and complete the construction of certain improvements described as follows' avilion V �� Golf Course Clubhouse Renovations and New P insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of ail subcontractors a• WORKER'S COMPENSATION inici �p���,.�. • Statutory limits • Employer's liability • $100,000 disease each employee • $500,000 disease policy limit • $100,000 each accident b� COMMERCIAL GENERAL LIABILITY INSURANCE: procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insuranceThe Contractor shall injury, including death, and property damage at the foliowing 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 accordingiy. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. �� BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident • The policy shail cover any auto used in the course of the project d� BUILDER'S RISK OR INSTALLATION FLOATER• This insurance shall be applicabte 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 shail 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 SPECIqL HAZARD: The insurance re uired 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 Confract. f• PROOF OF CARRIAGE OF INSURqNCE: 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 soie discretion deem acceptable. Aii insurance requirements made upon the Contractor shall appiy to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations pertormed in the course of this contracted project. Pecan Valley Golf Course Clubhouse Renovations and New pavilion — Links Construction, LLC May 2013 ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract r' administrator in the respective department as specified in the bid documents, 1000 � Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. f. � Deductible limits, or self-funded retention limits, on each policy must not exceed $10,000. per occurrence uniess otherwise approved by the Owner. g. In �lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must . approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. ' lf 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 Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC May 2013 all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Done in Fort Worth, Texas, this the �"Y�-day of � A.D., 2013 Links Construction, LLC By: Justin eedle President APPROVAI., RECOMMENDED: BY� .-� �'-� Dougl . � C.., � �,J ,r � W. Wiersig, P. E. , Transportation and Works APPROVED AS TO FORM AND LEGALITY: By: �,�t ( iu �(�% I v'( • (C� /':� ! �lQi�S-�'��"IcC�C ,�.': ��:u Jlc� Y✓/� .C�re t� Assistant City Attorney APPROVED: City of Fort Worth _ ��////,� i . ,; . M&C: C-26235 (May 7, 2013) � ���1 /i� � Date OFFICIAL RECORD CITY SECR�'1'AitY �'�'� �Cl�T�d, T�K Pecan Valley Golf Course C1uUhouse Renovations and New Pavilion — Links Construction, LLC May 2013 Bond No. PB03228300236 ; • Y • � TH� STATE OF TEXAS COUNTY OF 7ARRANT �� § KNOW ALL BY THESE PRESENTS: � That we, Ltnks Construction. LLC. known as `PrincipaP hereln and Philadelphia lndemnity Insurance Company a corporete surety (sureties, if more than one) duty authorized to do business in the State of Texas, known as 'Surety/' herein (whether one or more}, are held and flrmly bound unto the City of Fort Wo►th, a muntcipal corporatlon created pursuarrt to the laws of Texas, known as `Cfty' herein, In the penal sum of, Three Huadred 7wAnhr-Three Thousand Els�ht Hundreci hree Qallars and No Cents (5323,$03��, lawfui money of the United 5tates, to be paid in Fcxt Worth, 7arrant County, Texas for the payment of which sum well and truly to be made, ws bind ourselves, our hairs, executors, adminlstrators, successors and assigns, jolntly and severally, flrmfy by these presents. WHEREAS� Ehe Pirindpai has entered into a certain written contract witti tfie Clry awarded the 7th day of 111�ay, 20i3, whlch Contract is hereby referred to and made a part hereof for all purposes as If fully set fotth hereln, to furnish all materlals, equipment iabor and other accessories deflned by law, tn the prosecution of the Work, Including any Change Orders, as provfded tor In :. . ,::. :. - . . . - . Pavilion TPW2411-ZZ, City ProieGt No. 01872. NOW, THEREFORE� the condifion of thls abligation fs such that if the sald Princfpai ahall faithfully perform ft obtigations under the Contract and shail in a[I respects duly and fafthfully perform the Work, including Change Orders, under ti'te Contract, according to the plans, apecificatlons, and contract docurnents therein referred to, and as weil during any perbd of extenslon of the Contract that may be granted on the part of the City, thsn this obligatfon shai! be and become nul! and vold, otherwise to remain In full force and effect. PROVIn�D FURTHER, that tf any legal action be filed on this �ond, venue shall !ie fn Tarrant County, Texas or the United States Dlsfrict Court far the Northem Disfrict of Teuas, Fort Worth Divfsion. Thls bond is made and executed in compllance with the provisfons of Chapter 2253 of the Texas Government Code, as amended, and af! Ilabilltles on thts bond shall be determined in aocordance wii� the provisiona of said statue. Yecan Vailey Qo1f Course Club�e Rsnovations and New Pavilion — Lin�as Conetcuction, LLC May 2013 IN WITN�SS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on thfs the lOth day of Mav , 2013. PRINCIPAL: Links Construction. LLC N/A BY: Slgnature ��l i� �-f-� l_ � (�,� _ I�tame and Titl f Address; ���4�. S. LUc.:� �� � �t.,�.- l U.5 1�.� � l x�7l L,�0 � SURETY: Philadelphia lndemnity Insurance Company N/A _ BY: � ��—.. K. Cox, Attorhey-in-Fact Name and 71t1e Address: One Bala Plaza, Suite :00 � Bala Cynwyd, PA 19004-1403 � ;.n� �1.,��.�4�11 � Witness as to Surety Candice Allen, Wimess Telephone Num6er. 610-617-7900 'Noie: If signed by an officer of the Surery Company, there must be on file a certified extract from ihe bydaws showing that thls person has authority to slgn such obligation. If Surety's physical address is differenf from its mailfng address, bath must be provfded. The date of the bond shall not be prior to the date the Contract is awarded. Pecan Vallcy Golf Course Clubhouse Renovations and New �avilion — Links Construction, LLC May 2013 Bond # THE STATE OF 7'EXAS COUNTY OF TARRANT � ,__. :•�. PB03228300236 § KNOW ALL BY THESE PRESEiV7S: § Thaf we, Linlcs Canstruci9on, LLC, known as "Princlpal` hereln, and Philadelphia lndemnity Insurance Company , a corporate surety (sureties}, duty authorized fa do business In the State of Texas, knawn as "Surety" hereln (whether one or more), are held and flrmly bound unto the City of ForE Worth, a municlpal Ca�poratlon created pursuant to the laws of the State of Texas, lcnown as "City' hereln, in the penal sum of 7hres Hundred 7wentv-Three Tttausand Ei�ht Hundred ihrea Dollars and No Cents (�323,8Q3.00). lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of whtch sum well and truly be made, we bind ourselves, au� heirs, executors, administrators, successors and asslgns, joinNy and severally, firmfy by these presents: WHEREAS, Principal t�as er�Eered into a certaln written Contract wfth C{ty, awarded the Tth cfay af ,I,�,�, 2013. which Contract ts hereby referred to and made a part hereaf for all �urposes as if fully set forth herain, to furnish al! materfals, equipment, fabor end other accessories as deflned by law, in ths prosecution of fhe Work as provided for In sald Contract and deslgnated as Pecan Vallev Golf Coursee Clubhouae Renovations and New Pavlllon TPW 2071-22, CttY Prolect No. 0�1872, NOW, 7HEREFORE� TH� CONDt'FION OF THIS QBL.IGATiON Is such that ff Principal shal) pay ali monfes owtng to any (and all) peyment bond beneftciary (as definett in Chapter 2253 of the Texas Govemment Code, as amended) In the prosectttlon of tha Work unde� the Ca►�tract, � _ : .. .: . - ._ - . .:.. - . .. . - . . - . _ Thls bond is made and execufed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilitles on this bond sha(I ba determfned in aocordance with the provlslons of said statute. �� :� . . ,�. :,,� :,��:: � .� ,._ . ... i�•�: =► .• q To obtain information or make a complaint: You may ca�l the Surety's toll free telephone number for information or to make a complaint at: 1-877-438-7459 You may aiso write Philadelphia indemnity Insurance Company at: �ne Bala Plaza, Suite 100 Bala Cynwyd, PA 19Q04 Attention: Senior Vice President and Director of Surety You may contact the Texas Department of Insurance to obtain information on companies, coverage, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance at: P.O. Box 1491 Q4 Austin, TX 78714-9104 Fax# 512-475-1771 Web: httq:l/www.tdi.state.tx.us - Email: ConsumerProtection(c�tdi.state.tx.us PREMIUM OR CLAIM DISPUTES: Should you have a dispute concerning your premium or about a claim, you should contact the Surety first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR BOND: This notice is for informatian only and does not became a part or condition of the attached document. ADVISO IMPORTANTE Para obener informacion o para someter una queja: Usted puede Ilamar al numero de telefono gratis de para infarmacion o para someter una queja al: 1-877-438-7459 Usted tanbien puede escribir a Philadelphia Indemnity Insurance Company: One Bala Plaza, Suite 100 Bala Cynwyd, PA 190Q4 Attention: Senior Vice President and Director of Surety Puede comunicarse con el Departamento de Seguros de Texas para obtener infarmacion acerca de companias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departmento de Seguros de Texas: P.O. Box 149104 Austin, TX 78714-9104 Fax# 512-475-1771 Web: httq://www.tdi.state.tx,us Email: ConsumerProtectionCc�tdi,state.tx.us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con el Surety primero. Si no se resuelve la disputa, puede entonces comunicarrse con el departamento (TDI). UNA ESTE AVISO A SU FIANZA DE GARANTIA: Este aviso es solo para proposito de informacion y na se convierte en parte o condicion del documento adjunto. 1511 Power of Attorney KNOW ALL PERSONS BY THESE PRESENTS: that PHILAD�LPHIA INDENiNITP INSiJRANC� CONiPANY (tl�e Company), a corporation organized and existing under the laws of the Commomvealth of Pennsylvania, does hereby constitute and appoint: William D. Baldwin, Blaine Allen, Brent Baldwin, Brock Baldwin, Michael B. Hill, Monica Campos and Brady I{. Cox of Baldwin-Cox Agency LLC of Dallas, Texas , its true and lawfiil Attorney(s) in fact with fiill authority to execute on its behalf bonds, undertakings, recognizances and other contracts of indemnity and writings obligatory in the nature thereof, issued in the course of its business and to bind the Company thereby, in an amount not to exceed $7,500,000.00: This Power of Attorney is granted and is signed and sealed by facsimile under and by the authority of the following Reso(ution adopted by the Board of Directors of PHILADELPHIA INDEMNITY INSURANCE COMPANY at a meeting duly calied the Is` day ofJuly, 2011. RESOLVED: That the Board of Directors hereby authorizes the President or any Vice President of the Company to: (1) Appoint Attorney(s) in Fact and authorize the Attorney(s) in Fact to execute on behalf of the Company bonds and undertakings, contracts of indemnity and other writings obligatory in the nature thereof and to attach the seal of the Company tliereto; and (2) to remove, at any time, any such Attorney-in-Fact and revoke the authority given. And, be it FURTAER R�SOLV�D: That the signatures of such officers and the seal of the Company may be affixed to any such Power of Attorney or certificate relating thereto by facsimile, and any such Power of Attorney so executed and certified by facsimile signatures and facsimile seal shall be valid and biding upon the Company in the fiiture with the respect to any bond or undertaking to which it is attached. IN TESTIMONY WI-IEREOF, PHILADELPHIA INDEMNITY INSURANCE COMPANY HAS CAUSED THIS INSTRUMENT TO BE SIGNED AND ITS CORPORATE SEALTO BE AFFIXED BY ITS AUTHORIZED OFFICE THIS 7� DAY OF FEBRUARY 2013. (Seal) �PHILAD�LPHIA INDEDZNITY INSURANCE COMPANl� 231 St. Asaph's Rd., Suite 100 Bala Cynwyd, PA 19004-0950 �}f• 'i�:7'y i+.r'' �"�. ���:� � T. f� -Fp� .l:i�,� r���z ;� ' t�,' . :. ...,. `{ z . ir� � �i �eYkf�as� � Robert D. O'Leary Jr., President & CEO Philadelphia lndemnity Insurance Company 3 On this 7`" day of February 2013, before me came the individuai �vho executed the preceding instmment, to me personally known, and being by me duly sworn said that he is the therein described and authorized officer of the PHILADELPHIA INDENINITY INSURANCE COMPANY; that the seal aftised to said instrument is the Corporate seal of said Company; that the said Corporate Seal and his signature were duly affised. COMMO WEA4 OFPES�tNBYLY NOTARIRLSENt• DANlEILE PORATH, Natary PubAc LowerMedonT .,Montgom County ��/�� � Commissian ' March� 201@ Notary Public: �% residing at: (Notary Seal) My commission espires: ��� Bala C��wd, PA March 22 2016 I, Craig P. Keller, Executive Vice President, Chief Financial O�cer and Secretary of PHILADELPHIA INDEMNITY INSURANCE COMPANY, do herby certify that the foregoing resolution of the Board of Directors and this Power of Attorney issued pursuant thereto are true and correct and are still in fiill force and effect. I do fiirther certify that Robert D. O'Leary Jr., who executed the Power of Attorney as President, was on the date of execution of the attached Power of Attorney the duly elected President of PHILADELPHIA INDEMNITY INSURANCE COMPANY, In Testimony Whereof I have subscribed my name and affised the facsimile seal of each Company this l�� da,y of �� � �.�t� ��, ,,, r�z�.=•�*. 1�i��',; = � r..pr ir�i�iti4(��l�Y��` Craig P. Keller, Executive Vice President, Chief F PHILAD�LPHIA INDEMNITY INSURAN�E May 2013 d Officer & Secretary PANY = CERTIFICATE OF LIABILITY INSURANCE LI THIS CERTI�ICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE GERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORQED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATNE OR PRODUCER, AND THE CERTIFICATE HOLQER. IMPORTANT: if the certificate holder is an ADDITIONAL INSURED, the policy(ies) musf be endorsed. If SUBROGATION IS WAIVED, subject to the terms and canditions of the policy, certain policies may require an endorsement. A statement an this certificate does not confer rights to the certificate hoider in lieu of such endorsementfs). PRODUCER Phone: 972�� BALDWIN-COX AGENCY, LLG Fax: 972 Insurance & Construction Bonds 5930 Preston View Blvd Ste 200 Dalias, TX 75240 Brady Cox INSURED Links Construction, �LLC - 525 S. Loop 288, Suite 1 d5 Denton, TX 76208 �.�� ACORL�e �•—'' DATE (MR9fDDlYW1� 05120/2013 -3722 42696 10677 CITYF11 RSUI Group, Inc. COVERAGES CERTIFICATE NUMBER: REVISIQN NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POUCY PERIOD INDICATED. N6TUUITHSTANDWG ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER bOCUMENT UUITH 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 QF INSURANCE I POLICY NUMBER MMIDD E�� MMlDD E P LIMITS GENERALLIABILITY EACHOCCURRENCE $ �,OOO�OO A X CUMhAERCIAI GENERAL LIA5ILITY MGL0173896 07I3112012 07/31l2013 �oar�ta�e ro uEnttEo �" 100 000 . PREMISES (Ea occurrer:ce) $ .r c�aan�s-nnar,E X� occuR M�D EXP (Any one personj � 10,OOU BLKT A1 F'ERSOP;AL & AGV INJURY $ "I�OOO�OO BLKT WOS GEt�ERn�AG6REGAre g 2,000,00 GEML AG6REGATE LIMIT APPLIES PER: PRODUCTS - COMFIOP AGG $ Z�OOO�OO POLICY X jRa LOC � AUTOMOBILE�UABILffY COMBINED SINGLE LIMIT �� OOO,OO iEa accidenf) $ r Ci i� ?JdY AUTO BA 8800589 10/OS/2D'� Z 10108I2013 BODILY INJURY (Per personj $ ALL O\NNED SCHEDULED BODILY WJURY (Peraccident) $ AUTOS �AUTOS� X-HIRED A�1TOS � X NON-OWtJED PROPER7l' DP,MAGE $ AUTOS iPer�aacfdent} X BLKT WOS X BLKT AI g �( UMBRELLA�LIAB X OCCUR EAGH OrCURRENCE $ Z,OOO,OO E EXCESS�LIAB CLAIMS-MADE NHA083624� 05l1712D13 �01131/2013 AGGREGATE $ ����QQ��� �DED �X� FETENTION 5 � O OOO $ � WDRKERS COMPENSATION � X WC STATU- GTH- AND EMPLOYERS' LIABILITY TORY LIMITS ER B ANYPROPRIETOWr'ARTNERlEXECUTIVE YrN � 0001'I96439 �2/02i20'�2 121021201�3 E.LEACHACCIDEIJT $ �,�0���0 OFFICERMEMBER EXr_.LUDED? � N � A .{MandatoryinNH) BLKTWOS E.L.DISEASE-EA�EMPLOYEE $ �r00���0 If yes, descnbe under � DESGRIPTION OF�OPERHTIONS bsl�w E�.L. DISEASE- POLICY LIMIT $ 'I�OOO�OO p Buiiders Risk CAP 5226440 08t01/2012 D8/Q112013 Limit 3,000,00 Deductibi 1,000 DESCRIPTION OF OPERAl70NS 1 LOCATIONS I VEHICI.ES (AttaeHACORD 107, Additional Remarks Schedule, if more space is required) Froject: Pecan Valley Gol£ Course Clubhouse Renovations and New Pavillion, 6400 Pecan Valley Drive, Fort Worth, Texas Project: TWP2011-22 City Project No.: 01$72 **Please see the attached** City of Fort Worth 1000 Throckmorton St. Ft. Worth, TX 76102 ACORD 25 (2d10/05) CIC 972-331-3704 AooRess: amy{,roaaiawinagency.com INSURER(S) AFFORDING COVERAGB in,suReRA: Mt. Hawieylnsurance Co. INSURERB:T2X8S MUtUflI II1SUi2i1C@ CO �r,suReRc:America First Insurance Co. wsuReRo:Cincinnati Insurance Companies SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE �J.,�.�,�:�,�.. ,a?-t�,�-a��--- 01988-2010 AGORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD CERTIFICATE OF INSURANCE [Assemblei standard A i � c � � � and replace with � � Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC ` May 2013 CONTRACTOR COMPLIAfWCE 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 Project No. TPW2011-22, City Project No. 01872, Pecan Valley Golf Course Clubhouse Renovations and New Pavilion, Located at 6400 Pecan Vallev Drive, Fort Worth, Texas. 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: ��l j'1KS Company � By: � i Signature: ���� �� � Address �, . ����; ��.f-�.-► / � City/State/Zip =� �� ) Print) ��n `'1 U`.� Title: � i'�.�5'i��� -�i �` (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT �� � BEFORE ME, the undersigned authority, on this day personally appeared --,_� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of l� � 1� '_� �;. �`� 7�7 `i1 c.� L- � 1 L L�.`, for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this,�day of ��; ,- , 2013. � %_ ,� -> — r ,,t' ,��a_ . _ --- ., _ � .._. =��P�� P�Bn LISA ALLEN My Commission Expires srq���� November 25, 2013 m Notary Public in and for the State of Texas Pecan Valley Golf Course Clubhouse Renovations and New Pavilion — Links Construction, LLC May 2013 - �.�� � � .�. • �, , . ` � City of Fort Worth Change Order Request Change Order No. 1 (one) R1 8/28/13 Fac�lity and ProjeG Descriplion Pecan Valley Club House Renovations and New Pavilion ORIGINAL CONTRACT AMOUNT ... .._ .. ................................................. EXTRASTO Dt�l"E . .. .................................................... ........... CREDITSTO DATE ......................................._.. ... ..........,.,....... 86 cd 0 r,d �,, �a�e�— cansltyc� �� e �- z�- � � __._ „ _ -Date --- i or.7 i 9 /'��_3._i_ _-_ Oale I :��s�stanl t CO�lTRACT COST TO-DATE .........................................._............................................ .... .... AMOUN7 OF PROPOSED CHANGE ORDER ......................................... ... REVISEDCONTRACT AMOUNT ........ ..... . .................... ............ ....... ................................. OftIGINAL t=UNDS AVAILABI.E FOR CHANGE ORDER5 ............................................................ REMAINING FUNDS AVAILABLE FOR CI-IANGE ORDERS ........... ............ .... .. ...................... ADDITIONAL FUNDING (IF NECESSARY} ................ ....... ... ......................... ... .... ..........._... IN ACCORDANCF WITH THIS CHANGE nRDER, THE CONTRACTOR SHALL. Provide all labor and materials as p�r atfached PCR's: $ 323.802 $ 25.106 $ 348,908 $ 44.197 S 19.091 U PCR 1- Replace existing R-19 ceiling insulation A�id �, 1,738 PCR 2- miscellaneous demolition and addition�l concrete paving Add � 9.546 PCR 3- revisc� coiling door Add � 314 PCR 4- P�vilion siructural revisions Add $ 13,2�3 PCf�i 5- add cabinet partitions Add � 265 -------------------------------------------------------------------------------------------------------------------------------------- 7otal Add S 25,10Fi h is unJcui��i�d nnd ugr.: d Iiwt th� ac�:rpi:�nrc nf ibi: Cl�am;:u Ord��r hy tlir contr,tctor consuiwr; ,m accnrd and >misl:iclinn ;nul rcprtscnis pnymcni m Yidl I hnih um; and mon�y') G�r :�II u�sts ai is�n:� �iw nl'. c�r incidcni;d ti�. dic ahnvc C'han,c ilyd�r — --- ----- — — ----- - — — — ---- -- -- � Contractoi's Namr ; Links Construction, LLC Qnginal Contrnd T�u�o 86ctl Conlraclor- Links P10. Ae:Lhnnal APPrc�,v�d 7lmn Tn Datp � ApprooeJ Cnrnrecl fime Tu Daile i kddihunal i i�na Fo� TtuS C.han�e i)fder �l �j Distdbuiion�. F�le Construcbon Manager Projed Manager ' ��:�; c,� � J. Kay's�a; �--� ,�. , � szs,aoz � 0 b (7 and Pyblir, worhs i �� -- �.,..J �``Gr�,�� ��._. Council Action (If Required) 4 �� � Approved ❑ Disapproved �� ❑ OU�er ,�� W Facil �"°�.�+9 ��;��� Fu�d�ng (racj `s P243 54121�0 i803580187280 � City Secretary Contrac[ 44488 ,� Date 5/1�1/3 Dafe ����1 ` ' Il ` N,P��7 �1' �a'--/� `�Fi� • � �`� � Co 4'IN� µ� � ` �"����� ie Oivision �arzor�z, � 91���,y —_ I OFFICiAL 631ECi •; ; " r: `"::! I : + City of Fort Worth Change Order Request Justification (Reasons) for Change Order R-19 ceiling insulation needed to PCR 2— During demolition of patio, areas of bricks needed to be removed for the expansion of the patio. It was determined to replace these areas with additional Additions Item No. 1 (one) R1 PCR 1- Due to rodent derogation the existing be replaced. concrete. PCR 3— During construction a revise coiling door needed to be relocated due to conflicting duct work location. PCR 4— During construction it was determined that the soil structure was not stable enough for the pavilion supports, thus additional reinforcement was needed. Concrete beam and piers were installed for reinforcement of the pavilion supports. PCR 5— Additional cabinet partitions was installed for credit card terminal security measures. C���G� �3RDER " AIA DOCUIJ�ENT G70'� OWNER ARCHITECT C0�11'�CTQR FI EL� ❑ x Q Q D OTliER C} PROJECT: CONTRAE'fOR: CHANGE OP.DER NUMBER: 1 Pecan Vatley Go[f Course Ctubhause Rerio. Links Construction L.LC DATE: 718l2013 640Q Fecan Valtey Dr. Fort Worth 7exas TO OWNER: City of Fott Worth �fl00 Thro�kmort�n 523 S. Loop 288, 5uite 'fii5 Dentan, iX 76205 ARGHiTE�T: Nader Qesign Group 309 1'�. 7th SC., Suite 920 ARCHfTECT'S PROJECT NO.: TPW2D1 i-22, G-s'tp Project Na 0� 872 GONTRACT DATE: C�NTRAC7 F4{2: Fort Worth Texas Fart 1!ti�arth TX 9b932 _._____- The Contract is ci�anged as fattows: R-19 Ceilin� Insu(ation Al! Ce3[in� Demo'd Area R-19 Insulation Labor Instatl Haui Off Existing Insu{aeion Totat LaborliJ�aterat Contractors fa� Total Chips D.urnped On Site frarn Tre� Racnovat {Qednctj Tnta ( The ariginal (Contract Sum) (Guaranteed ma�imum Pricej V�as Net.change by previously aui.horized Chan�� orders T�e (Contract 5um) {Guaranteed maximutn Pritej prior tca ti�is Chang� order was Tne {i,oncrac�.Sumj {e;uaranteeci maximum price} wiicpe (increasedj (decreasAdj (unchange�) by t�is Change �Jrderin thz amaunt o€ The new (Contract 5umj (Guaranteed m�imum Pncej irtcludSng .this Change order witl be The CantractTime wi!l be (increased) decreased:j (unchanged} by 13 Days The date afi Substantial Campletion as of the date o, this Change Order CherefQre is $3�.3,803.00 $0.1?6 $323,8D3.ti0 $'f.; 738, f7.7 $325;3�2.47 $ 579.5Z $1,14b,00 $ 350.00 $.2,'i Z�.52 $ 2i3:a5 $?,338.07 $ (600.00}�� �"�� ��,�% %_ ' '.. ,� +'.1= � � � x-' _ �' �� ==�^- e�� : - - NQTf: This summary does noi seftect changes in ttie C�ntract Surri, Contract 7ime a� Guaranteed Maximum Price w[iich tia�e been au[fioriz�d i�y Conskcuction Change Dir'eetive. Nade� Design G�-aup Links Gonstruction LL� Gii:y of Fort Wat-th �,RGHITECT CON3'RACT�R OWNER 309 W. 7th 5t. �}20 Azldress Fnrt�'Jarth TX 7b132 L.�i DkTE I1ATE � — ,�'J—�/� 10flD 7hrockrnar:tan.5e. Address fort lNnrth iexas BY DATE Alh D6CUMPJ17�U703 - LHANGE ORDER - 79E7 Eb1T10h�- AiA R'c6fSfEREp - GOPYRIGNi �19R7 - THE � d.MEkICAN INSTtTUTE OF ARCHITEGTS, 7735 hIEW YORK.b.Y�'., �N. W., WASyINGTON, Q. c. z000s � ��Qi ,�g87 525 S: Loop.28B, S.utte 105 Add�ess Der�ton TX 76205 "�,._ �=�-� � �___."B�°-�"��s- .�-�`" �-�;.�"". A[f� Form GTD3 CHANG�, QRDER AIA DOCUMENT G701 OTHER � PROJECT: CONTRACTOR: CHANGEORDER NUMBER: 2 OWNER ARCHITECT CONTRACTOR FIELD �■ ❑� 0 Pecan Valley Golf Course Clubhouse Reno 6400 Pecan Valtey Dr. Fort Worth Texas TO OWNER: Links Construction LLC 525 S. Loop 288, Suite 105 Denton, TX 76205 ARCHITECT: DATE: ARCHITECT'S PROJECT NO.: TPW2011-22, City Project No. 01872 CONTRACT DATE: 7/8/2013 City of Fort Worth Nader Design Group CONTRACT FOR: 1000 Throckmorton 309 W. 7th St., Suite 920 Fort Worth Texas Fort Worth TX 76132 The Contract is changed as fotlows: Upper Area Pavilion Concrete 326 sq ft 262 sq ft C� $2.25 remove brick $ 589.50 Demo Tree Wett 64 sq ft $ 250.00 Grind Stump 326 sq ft 4" 3000psi #3 C�16" OCBW saw cut expansion joints C� $4.75 per ($2.85 material/ $1.90 labor) Lower Pavition Area Concrete 970 sq ft 770 sq ft remove existing brickC� $2.25 per (200 sq ft in base bid) 970 sq ft 4" 3000psi #3 C�16" OCBW saw cut expansion joints C� $4.75 per ($2.85 material/ $1.90 labor) Deduct 200 sq ft Base Bid C� $2.00 per sq ft install Total Labor/Materiat Contractorsfee Total The original (Contract Sum) (Guaranteed maximum Price) was Net change by previously authorized Change orders The (.Contract Sum) (Guaranteed maximum Price) prior to this Change order was The (Contract Sum) (Guaranteed maximum price) will be (increased) (decreased) (unchanged) by this Change Order in the amount of The new (Contract Sum) (Guaranteed maximum Price) including this Change order witl be The Contract Time will be (increased) decreased) (unchanged) by 0 Days The date of Substantiat Completion as of the date of this Change Order therefore is $323,803.00 $1,738.07 $325,541.07 $9,545.80 $335, 086. 87 $ 350.00 $1,548.50 $1,732.50 $ 4,607.50 $ (400.00) $ 8,678.00 $ 867.80 $ 9, 545.80 NOTE: This summary does not reftect changes in the Contract Sum, Contract Time or Guaranteed Maximum Price wh 0 have been authorized by Construction Change Directive. Nader Design Group Links Construction LLC City of Fort Worth ARCHITECT CONTRACTOR OWNER 309 W. 7th St. #920 Address Fort Worth TX 76132 � DATE 525 5. Loop 288, Suite 105 Address Denton TX 76205 BY DATE 1000 Throckmorton St. Address Fort Worth Texas � �? AIA DOCUMENT G701 - CHANGE ORDER - 1987 EDITION - AIA REGISTERED - GOPYRIGHT 1987 - THE AIA Form G701 v m O a `v, ,`m � `� o kQ '. l i � � �Q _ � 0 i� :� � :� � i� � � Q' �%� � � Z :�C � .G Q :� �� S i� Q �� � � iQ � i� 0 � � ,� � . O =� 3 � � ;� p io � �� < ;� �.:n m ;o• �� 0 � m C� Z' C� ;� � � �• � � II. �':: O C7 �- _ (n . ,..�. ,�; (n (D ' � `� > n Q. C p "1'1 � � _ �.' _ m r �: :� �. ' . p � O -. p: O' O: — o � —. � :� O-: �;:; � � . : � jA Vm/ �•���: �'� ��.":`y�.�. - l^ ('� ...�'�. � v, .��. � �.: � .�'. � � � �. . ..;..�.... . ._.. . . �:. -� . - � .'. . . . " . .': � . . ;. . _.. .,..: .�:.� , 1:. rY�.- � �:.� �'..�. �' � . ' ......i.. . . : .: . .. : _ . ___ ' �.,'.'�,: � � : I ��:�� �'. � _� ,��' ��:- ��.� .�: _ :�v�:: - . .� ' ..:: ^'�:. ; .�.. �. rt� . � ,' > � I � ,, � � ` I. � I: Z �. � .r cp C� ' N : O "� p' ; �C_�-- � � ; �'� � � �. �.. ' a �-0 >:.: � CD�, rt Q- c� D ; .m. � �., � o=°'o' .-t � '�. '-t. . 9T r�-�- � t � � - ,' N N � � � ' {A � -A �I.; W W N � C37 00. < C31 :O ,' 0 � O' O Q i:.: � l / ��.�. ��. � rt < (71_ tii _ o � -„ n�i o rn_�. d� p � � � � � N W W ���?�1 ����' ,, `. — -- -- _ Owrier. - �.^ Cit _ Jo� Adclress Pec �f �ort Worth Vfl Gif . an a e a ,: Daie: _ 8i26I2Q 13 � Ghai� e Cireisr No. :' 4 ; ; _ _ _. ._ ___ r... _ _... The amouni above is agreed upan and acknowledged by oa�h & Links Canstruction represenfatfi�s: 7he signsr certifies fhaf fhey _ ___ are aufhorized to sic�n far fhe "Cl�ange Order" and this is afso a promise fo,�ay the s#ared amaunt which is aadition to the originat contrsct price. _ ,, _ _ . 77ie change orderpricels due Wifhin 5 days nftftrs agraement Signature of Aecep#ance Date Lmks Canstruction Rep. E7ate _._ _..._._.. _ _.. _-- _ _ _ .. _ _ _ _ _....._. . _ . =�.�.�--�.�-=4- ���� �, � �� u, i r) l �rQitl� _ _ _ _ e Order Na : Descri tion of Additions or Modifications to Ori inal �ca e of Work Cabinet Partitions 2 cs with Grammets Installed Contractor Mark up Owner: Job Address: Date: Chan e Order TotaL' Previous Contract Amount: ...,. --- New Pro'ect Total: City of Fort Worth Pecan Vallet Golf 8/19/2013 ' lt • _ � __ _ . _ _ __ . _ __ . __ _ _ _ The amount above is agreed upon and acknowledged by oath & Links Construcfion representative. The signer certifies that they _ _. _ _ _ _ _ are authorized to sign for fhe "Change Orde�" and fhis is also a promise fo pay the sfafed amount, which is addition to the original __ . . _ __ __ contract price. _ _ _ . _ _ . The change oro'e�priae is due wifhin 5 days offhis ag�eement. _ _ _ ___ ._ __ ___ __ __ _ _ _ _ _ _ _ _ _ _ __ _ _ _ __ _ __ Ben Blankenship 8/19/2013' Signature of Acceptance Date Links Construction Rep. Date __ _ __ _ - _ PROJECT SUMMARY SHEET (Change Order Attachment) PROJECT NAME: D.O.E. No.: Attachment to Change Order No. Originai Contract Amount: Extras to Date: Credits to Date: Contract Amount to Date: Pecan Valley Golf Course Club House Renovations and New Pavllion N/A 0 $ 323,802.00 $ - $ - Amount of Proposed Change Order: Revised Contract Amount: Original Contingency Funds Avail. for Admin. Change Orders Remaining Funds Available for Change Orders: Additional Funding (if necessary): $ 323,802.00 $ 25,106.00 $ 348,908.00 44,197.00 19,091.00