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Contract 44156
G I I l Ill i V1'Y� r I i a AN ME � I m A AMON I I I I I w I I I I I I I I I I I A I I I wax I I i ; . ' I I Imo! ' I I dl i I TIT is lop al oil SPA Mom I I 41$ oilgo III v l you j mw, oil 40 z is a I I : r. a ar lKi Al�1`1 Allon FM 105 "Ap"),9111", 7 I A �4",g MIA agn,"'I 2/1 p"n IMP �40� p", aw 4 W T K J, ,or oil '/Ij, "KI&40. N "WO p bVIII/ fill 14,, 71- ...110 NOW 4'16 fit- P omgr 11 ma, ip� lot N/ Pffi T A/68/1 "EWA, imp p� 1/4" 'low its i NX tp, N "p, Imp o" V.......... 77,77,775p OfA b- 6 W A Wh law C 'pp/ //W),�, ", " I " i %"p //' ,,, MWA fl Lp, X jq, ski 01s "W A "it 0 %7 VIP 1K Nk, quo MOP J, oi, 50 A 0,- Fill a p '/g pil/"I A 1p,,9jvy P'/�,,0' ovm/o ""p,6 7/ r11 Slp7 /""""","",/,/,/,/,/,/,/,/,/,/,/,/,/,/..............1'/,4,/,////p UWOd Y i E U) o LL 0 a) m ',- "- 0 h- , c,t N c) w E Q (0 0 E x o X < 6 < W c:> U- () .� � CO U-04 CL co CO LO �rM o ' m c IN C') La � 0 � 0 N " co 2 , L 0 ligs LL U- E C) z 0 C) E cl Cti �0 „, - 0 cf) E �r > C CCD co LO 4 _ ' � � �1 _._..m ..,., m U) 19 CN 4 i E j 6 0 0 70 E ' C cxa UJ I G l snow r - w r - X 4D m � � o, LO .. + W � M E c a. 0 � C C ~ � r cn C 0 U-5 co ., 0 W v r UJ LOU- 0 X m L Uj C UJ Oi Mill, C [ z �„ co E W ti 0,L) �Z ;+ �. co �� c Im col co N """ �" m uj tf t-U M CL Y) .0 � � Z � o C © 00 ;' clq LL U) LU C-- > t- z 04 z z Z � = N of o V. w 06 LU f- V- W cn w uj00 t1. iii D co M LL LL F- 0 L- CL. � U.Ji uj W W ... .- C .d CL C i rl Y% CITY OF S=ORT WORTH TRANSPORT T I ON AND PUBLIC WORKS DEPARTMENT f/ ADDENDUM N r/ 1 Fort Worth Convention Center Areas Meeting Room Renovations Request,for Proposals Submittal Date: September 20, 2012 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1 In Instructions to Offerors, Page 7, Section 8. POST BID— R EA I"ARD SUBMITTALS,: replace"Minority/Women's Business, Documentation(fur bids in excess gat 25, y with "Minority Business Enterprise Documentation." Defer to Addendum Ala. 2 for information on I inority Business Enterprise(MBE) (Bost Value Proposal). f �r Acknowledge the rocoi'pt of this Addendum No. 4 can your Proposal. ml t DOUGLAS W. WI RSI , PE DIRECTOR,TRANS P TATI N_"&_ . _ L.(CV'O I S DEPARTMENT 1 Dalton I" urayamr a,AIA. Architectural Services manager- Facilities Mana e ont Division 817-392-8088 FAX 817-392-8488 rr RELEASE ATE.- September 18, 2 ,12 1, o r f Fort Worth Convention Meeting Room Renovations Page 1 of 1 Addendum No.4, $eptem er 18, 201 r f CITY F FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 Fob Worth, Convention Center Arena Meeting Room Renovations Request for Proposals Submittal Cate: September �, 2012 (N CHANGE) The Request for Proposals for tiro above project is hereby,y revised and amended as follows.- 1. The following two questions were submitted and are answered bolos. In Dotes by Symbol,6 and General Note 2 on Sheet E2.1 it mentions now speakers. Can a specification be provided? Public Address Saab are to u.. be as specified on shoot E3.0 Electrical'Specifications, items ,�� ��S''', and There are curtains in Room 108, are those to be salvaged and reinstalled or removed permanently? If removal is necessary, then salvage and reinstallation would be required... _ .... 2. The preferred mechanical controls sub contractor should be Johnson Controls. arry Romine, PE Account Manager Texas Municipal Solutions Group Johnson Controls, Inc 940-7691-44018(office) 17-480-6953(cell) har .romine ci.com 3. The mastic that anchors the spline dellinq tiles has been tested and is not hot. Acknowledge rledge the receipt of this Addendum Igo. 3 on your Proposal DOUGLAS W. WICPSIG, P DIRECTOR,TRANSPORTATION PUBLIC WORKS DEPARTMENT _. . .. _ _. .. Donald Clem.et _...._. Project,IIanao,r Facilities Management Division 817-392-80141 FAX 81 392-,8488 RELEASE DATE. September 14 2012 Fort Worth Convention Center Fleeting Room Renovations Addendum Flo. 3, September 14,2012 Page 11 of 1 Im i CITY-O F F 'RT WORTH TRANSPORTATION AND PUBLIC WORDS DEPARTMENT f ADDENDUM NO. 2 f tr Fort WC rth Convention Center Arena Meeting Room Renovations t Request for Proposals Submittal Date: September 20, 2012 O CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. In Instructions to Offerers, replace Section 2. "III!GRIT "` BUSINESS EV TERPRIIS (BEST VALUE P R,OP OS on Pages 5 a,nd with the attached revised)Section 2. MIN RITY BUSINESS ENITERPRI§E JMBEJ rl' �E�T �L�E P ROPOS (Attach ent 4-1). . . 2. In the Instructions to Offerors, replace the 2008 (Prevailing Wage Rates with the attached 2009 Prevailing Wage Rates Attachment#2) 3. In the General Conditions, r nditions, replace Paragraph E-4 MiIINOI ITT AN ,WOMEN B I I..SII ENTERPRISE TERPRISE M E in the General Conditions with the" attached reprised Paragraph E-4.1101NOR[TY BUSINESS ENTERPRISE (M'BE E Attachment#3) 4. In the General Conditions, replace Paragraph l_ LIQUIDATED DA AGES with, the attached reprised! Paragraph I-8 Attachment#4) 5. Pre-Proposal Conference and Site Walk-Through Attendees lists Attachment 5) r 6. Johnson cntrols���the!preferred m echanical controls provider for the modifications to the mechanical systems, as required. UJ. Acknowledge the recent of this Addendum Ida, 2 on your Proposal. DOUGLAS W. v° IERSIG, PE DIRECTOR,TRANSPORTA1 ION& PUBLICS WORKS DEPARTMENT E , Dalton Mur,ayama,AIA Architecturalervice�. � � Facilities IC anagernent Division 8117-3912-8088 FAX 817'-392-8488 f ll RELEASE DATE.* September 1g, 2012 Fart Worth Convention Center Meeting Room Renovations Page 1 of Ad�dendum Inc. ,September 10, 2012 r ry if r i Revised Section 2 in Instructions to offerors 2. MINORITY BUSINESS EI IT RliSE MBE BEST VALUE PROPOSAL Minoritv Business Enterprise Provisions, As of June 1, 2012, The City of Fort Worth is implementing e new Business Diversity ordinance D to reflect the City's availability and disparity study findings and recommendations. luring this transition period interested offerors must obtain a M,BE listing from the office of 8 7- 1 2674. This wiill n ensure that MBE, listings reflect onl those currently certified by the North Central Texas Regional Certification Agency NCT A located in the six 6) coin geographic marketplace that have been accepted by the City. The City's geographic .marketplace includes the cduhties of Tarrant, belles, Denton, Johnson, Part er and Wise., offerors are stronqlv 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. 11 offerors-shall- note that it...is the policy,of the fit �of-F art-_' Gr h l(a-_ens-ure--the_. _ „Bull and equitable participation of Minority Business Enterprises (MBE) in the pr cw rem a f _g,pods and services if the total dollar value of contract is greater than $50,000, then an MBE subcontracting goal may be-applicable. The MBE goal on this project is 2 %. The information shall he submitted proposal d shall include: (1) the with the ro osal au�w name, address and telephone number of each, the description of the work to be performed by each MBE; and 3 the approximate dollar amount/percentage of the participation. Minorqy tiusi uess, Enterprise is defined as a business concern located in the Marketplace meeting the following criteria a., us at east 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 r..more m,inorit persons; and b. man-a e-men a-nd daily business operations are control Ied by- r + r ore mi,no rit persons who own it. The business must be certified prior to recemmen� datioln of award in order for the participation to be counted towards the established goal, Offerors rr Nust submit the best value utilization form within 51 business days of submitting their Best Value proposal. Fort Worth Convention Center Meeting Room Renovations Page 1 of 2 Addendum Nol.,2,September 10,2012(Attachment#1 Section 2 J f r l(f If an offeror is oorl.ifiod as a DBE, MBE, S E or WBE firrn, please be aware that the City's ordinance does not allover a certified company to count itself towards r the established goal- the goal represents, subcontracting opportunities. Pv I w status or of non D/M/ BE), however, an �ror r� ar ��� cord uoation forms b'. .nt vent�.�ro ih ne r pro Es, t M'BE h venture percentage _ participation will be counted towards the established goal. The appropriate City of Tort Worth ,point denture form must be submitted for review and approval in t order, for it to he counted.. The City of Fort Worth strongly encourages joint ventures. r If offeror failed to meet the stated MBE goal, in part or in whole, then a detailed explanation niut ouhittod to explain the food and Honest Efforts your fir u k rude to secure MBE partiicipationw � w "Failure to suhrr ut the MERE participation unforrhatuon or the detailed explanation of Ir MR the pro poser's Good and Honest Efforts to meet or exceed the stated MBE goal, may render the proposal non-rospionsive. The MBE plan will be part, of the final weighted selection-criteria ff; i l; l J/ i r% r o i r/ Fort Worth Con�r�ent on Ce nter Meeting���m��n �ratac�ns Page of.m ,September 10,2012(Attachment#1 Section 2} 2 Addendum r j 209 PREVAILING WA GE RATES HMO/ Total Avg.Hrly Classification Rate Welfare Pensliornk Vacation Pac age C Mechanic $21.' 2 $1.01 $0.19 $0. $27,91 AC Mechanic Helper $15.81 $0.Go X 0.00 $0.30 $16.77 Acoustical,CeRing Mechanic $15.,56 $0.157 $0.03' $0.,12 $16.26 co sticat CeRing Helper $12.27 $0.19 $0.00 501 $ . Abe gs Worker $0.00 $01.0101 $0.00 $Oi.00 $0.100, Bricklayer/Stone Masora $18.54 $0.24 $0.00 $18.78 4 Bricklayer/Ston s Helper $10.39 $0.010 $0.00 $0.00 $10.39 Carpenter $17.08 $1.62 $0.17 $0.81 $19.69" Helper $13.45 0. 5 $0.08i $0.71 1 f Concrete Finisher $13.97, $0.41 $0.04 $0.14 $14.55 Concrete Finisher Helper $12.14,1 $ . $0.04 $0.11 $12?2 ._M. Concrete Form Builder, $.4!67 ._.� � 5 $1,4.8 .__ Concrete Form Helder Helper $11.71 $101.5 $0.03� mn.. .._ it Mechanic Drywall.Helper $12,43 $0.33 so.00 i $0.28 $1 3,05 all Taper $15.00 $0. A $0.607 $0. $15, Drywall Tape,r Helper $11.50 $0.07 $ . 10 L $0.0d X111,a Etectnician (Journeyman)_ $21.77 $1. 77,11 Etectn*cian Helper $15.32 $1. $0.05 $01.27 $16.73 Electronic Technician $20.00 $0.00 $0.0�D $0.00 $24.00 Electronic Technician Helper FLoor Layer r 'Ftoor Layer(Resilient) $18.40 $4.44 $0.00 $4.40 1 8.44 Floor Layer Helper $1D.00 $0.010 $0.00 $4..00 $14.00 Glazier $18.53 $1.92 $4.38 $0.71 $21.54, Glazier Hetpler $13.49 $1.2 '� $4.10 $4 35, $15.13' Insulator Insulator,Helper Laborer Common $10.47 $10.70 $4.06 $0.08 Laborer SkiLted $13.24 $0. 10. 6 4.12 _ 1441 Lather $17.0d $01.001 $17.00 p 15. Lather� Helper $110 $0.0 $ .00 $0.0011 $15.001 ON! PP 20,09 PREVAILING WAGE RATES Metal Standing Assembler $16.00 $1.56 $0.+63 $0.00 1 B.19� Metal Sr.auild ng Assembler Helper $12.00 $1.56 $0.63 $0. $14.1 Painter X12.57 $0.69 $0.02 $0.09 513.37 Painter Helper $9:.98 $0.61 $0.02 $0.09 $10a70 plpeflte�r $2x1.1 4 C. $ .13 $0.45 22�.5'� plpefitter H,eitper $14.92 $0.58 $0.11 $0.23 $15.82 Plasterer $17.241 $0.05 $0.66 $0.00 $174,30 Plasterer Helper $12,85 $0.05 $0.12 $0.43 $12.90 IP'l mbr e,r $20.33 $03.69 $11.12 $0.43 $21.56 r. 1 Number flelper $114.95 $0.95 $iO.11 $0.00 $16.42 r ein rcing Steel Se e' $13.01 $0.36 $ . $0.23 $13. Re of r iq Steel Setter Helper $11.1 $0.25 $0,05 $0.16 1'1.64 Roofer $16.78 $1.25 $10.23 $0.17 $18.43 Roofer Helper $12.33 $1.2.5 $0..23 $0.17 $13.98 Sheet Metal Worker _ ..'$17.419 $0. $0.10---$.0-51 _..._. $19«06 Sheet Metal Worker'Helper $14.16 $1.40 $0.17 S0.44 .m. Sprinkler $19.17 $1.68 ��D.33--.__._,_-���33_ _ � $21.52. Sprinkler S stem`lnstaller Helper $14-15 X1.5 $0.50 $16.17 Steel Worker Structural $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker er Struct rat Helper $13.74 $1.37 $0.391 $0.09 $15.59 Concrete Pump $118 .5D $0.00 $0.00 $0.00 $18.50 Crane,Clarrrsheel,Bac1 hoel, Derrick., D Une Shovel $17.81 '$1.30 $0.12 $0.24 519.41 ForkLift $12`96 $0.4 � $01.04 $0.08 $13.50 Foundation Dritll Operator $22.50 $O'.DD $0.00 $0.00 $22.50 Front Fred Loader $13.21 $0.36 $0.06 $01.17 $13.79 Truck Drier $15,21 $0.65 $0.06 $0.19 $16.11 Welder $17.81 $01.92 $ 1.12 $0.30 $19.15 Welder Helper $12.55 $ w 75 $ . 3 $,13.64 W... 1% f rf m i j AY REVISED PARAGRAPH E-4 9 E-4 l' 'INORI,TY BUSINESS EIVT"EiI P'Rl,SE MBE : Should the base proposal be$50,000 or less,the requirements of this section do not apply. General: BAs of June 1, 2012,The City of Vert Worth has implemented the new Business Diversity Ordinance(BDO)to reflect the City's availability and disparity study findings and recommendations. luring this transition period interested Offerors must obtain a MBE listing'of African Americans firms from the M/WBE Office at 817-212-2674. This will ensure that MBE listings fi reflect o�those currently certified by the North Central i Texas Regional Certification Agency NCTRCA f ratio located in the six 6) count geographic market lace that have been accepted b the City. The City's geographic t �" p y y y marketplace includes the counties of. Tarrant, Callas, Menton, Johnson, Darker and Wise. Offerors are stron_l 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. t In accordance with City of Fort"Forth Diversity Business Ordinance(BIRO)No 2002012-2011 (the"Ordinance"'),the City of Fort Worth sets goals for the participation of Minority Business Enterprises VIBE in City contracts. Ordinance No g p p y p y 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 i be a material breach of contract. Prior to Award: The NICE 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"goad faith effort`,shall result in a bid being considered non-responsive. 'Curing Construction, Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors an or suppliers prior to issuance of the Notice to Proceed., Contractor shall also provide monthly reports on utilization of the subcontractors to'the M/WBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an MIWBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in it's possession that will substantiate the actual work performed by an GIBE. The misrepresentation of facts and/or the commission of fraud b y the Contractor will be grounds for termination of the contract and/or initiating action under .....-.approp-riate-,federa,l,-state,_or local lags or.ordinances•relating to false,statement._ An .C_ffero ho_intentionally and/or knowingly misrepresents facts shall be determined to irresponsible offeror barred from participating in isre re,seu�ts material fa � be an and City work for a period of time of not less than three 3 years. The failure of an offeror to complly 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, mm The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint venture for a clearly defined portion of the work to be performed. Ali subcontractors used in meeting the goals must be certified prior to the award of the Contract.. Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier,the CBE shall be given an opportunity to perform the work. Whenever a change order is$50,000 or more, the M/WBE Office Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall:. 1 sake no unjustified changes or deletions in its MBE participation commitments submitted with the b'id/proposal or during negotiation, without p rior submission of the proper documentation,for review and a pp roval by th e IWBE. Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontractin /su pp lior op ortunity 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._.....-Fhe-C6ntr,actor-sha.11__submit-to the M/WBE Office.ft r approval an MBE REQUEST-F+C�R._. - OVAL--OF CH N'CE-_ FORM, if,, during the term of any contract, the C'ontracto'r wishes, to change or delete one or more GIBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following:: 1. An M/E's failure to provide Workers'Compensation Insurance evidence as required by state law;or 2. An MBEs-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 subcontracto's/subconsult nt's or suppliers;or 3. An DBEs 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 Dort Worth Convention Center Meeting Room renovations 'Pagel of 2 J Addendum No.2,September 10,2012(Gen Cond, Attachment#3) 1,rr DEVISED PANG F-4 WS I/ r�j s a) A change in the amount of the previously agreed to bid or scope of work;or if 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 ether ordinance or violations of any state or federal law or other improprieties to the City 11111111" 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. f 4. An MBE defaults in the performance of the executed subcontract. In this event,the Contractor shall: a) Request bids from all MBE subcontractors previously submitting bids for the work, b If reasonably practicable,request bid's from previously non-bidding M/WBEs,and' C) Provide to the M/WBE Office documentation of compliance with a and b above.. 5. Any reason found to be acceptable by the,M/WBE Office in its sole discretion. '° Within ten days after final payment from the City the Contractor,,shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier,,including non-MBEs,used on the project. f. i r I' r% t r, f. t p, 1, J1�I' Dort Worth Convention Center Meeting Room Renovations Paget of 2 rj Addendum loo.2,September 10,2012 den fond,Attachment# i l l i Revised Paragraph 1-8 in General Conditions 1-8 LI UI�DA"rE DAMAGES: The deduction for liquidated damages shall be as Follower Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,0011 to$25,000 $ 3 "Ilk $25,001 to$50,000 $105 $50,001 to$100,000 $154 $100,000 to$500,000 $210 $500,001 to $1,000,000 $01 $1,000,001 to$2,000,000 $420 $2,000,001 to$5, ,0 $030 $5,000,001 to$10,000,000$840 over 10, 0,0100 $0810 tl y q Fort Werth Convention Center Meeting Room,Renovations, Page 1 of 1 � Addendum No.2,September 10,2012(Attachment#4 Liquidated Damages in Gen Conrad) _... la, l f FOK*I' Oi(pi,H vv G ��l Fort Worth C e 'on Center t Areas Meeting Room Renovations- Pre-Proposal r, mm Conference Pr September 4, 2012 �r Name Company hoone Niumber E-mail ,kol 2. w � 3. K;wV%V� k6 owt ", s po% 4p lo / U. lit w 7 6. (OWL �3*jt 6Aj%wu �'" I .. �,,N. 40 A � r�+ Utq 9. w0wr p .. .. �rl � ' 2. 13. 14. 5, 1, 1 6. ............... —------------- 8 TRANSPORTATION AND PUBLIC WORKS DEPARTMXNT r' THE CITY OF FORT WORTH EST 131E STREET*FORT H,,TEXAS 76102 392-2586*FAX 1 392°8488 f/' .n.... r y A-CA « ec 9,• IL ot iqi.-«..., «,.. ..... ,. a n. i s a a a, j i i v W � G y ...w- rrwhwrrw� { W .... ��....-- .. ......w"........... ..A. werx..xn.+rwwwwwnn+.r.;�.w.�nw.+.�rw.m� ww r,F j �w+w......�......r..�w rn...r�...wrW......._--««ro.,r+�..._+.«w.rw.+,w,-..v.,"wx..ww�...�+.•.�..r�.,x'u�.�v^.wwwwwww+«w.rww..«w.,,.«ar....�„�.'w+�....«.«�w.r«w.�.�.rw.. 'f i rt CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 r t„ Fort Worth Conventlon Center Arena Meeting Room Renovations September 20, 2012 (NO CHANGE) Request for Proposals Submittal ate. The Request for Pr owls for the above project is hereby revised arid'amended as follows: rrr I.. Replace the Bond and Insurance forms in the Instructions to Offerors with the attached forms. (Four Attachments) L r J Acknowledge the receipt of this Addendum No. 1 on your P"rq Pro DOUGLAS W.WIERSIG, P DIRECTOR, TRANSPORTATION PUBLIC FORKS DEPARTMENT By. r Ronald Clements.,AIA Project ect Mana er Facilities,Management Division 1 -392- 1 , FAX 817-3912-8488 t RELEASE DATE: August 24, 20,12 a;. Jr. w J r i I ert' Jerth Convention Center Meeting Roam Renovations Addendum.Igo. 1,August� , 2012 Pagel of1 r% Ali CERTIFICATE OF INSURANCE [Asse er.# For Contract Document er execution, remove this page and replace ivith standard A CORD Certificate ofInsurancefibrin.,17 r �a J ff Amy Bond Is PAYMENT BOND THE STATE OF TEXAS ' KNOW ALL BY THESE PRESENTS. COUNTY OF TARRANT i That we, known as "Principal" herein, and Pro G" a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a .. municipal corporation created pursuant to-the laws of the State of Texas, known, as "City" herein in the; penal sum of Dollars ), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texa$, for the payment of which scum well and truly be made, we bind ourselves, our fairs, executors, adrrnin streters, successors and assigns,joiritly and severally,firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the +day of 20- , which contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other, accessories as defined by law, in the prosecution of the Work as provided for in said contract and designated as Fort Worth Convention Center Meeting_Roomi Renovations TPW2012-114. OW, THEREFORE, THE CONDITION c THIS OBLIGATION' rs such that if Principal shall pays all monies,owing.to any(and ell) payment bond beneficiary as defined in Chapter 2253 of'the Texas Government code, as amended in the prosecution of the Work under the contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect.. This bond is made and ex,eculted in compliance with the provisions,of Chapter 2253 of the Texas Government Code, as a ended, and all liabilities on this bond shell' be determined in accordance,with the provisions, of said statute.. (The remainder of this page intentionally left blank. l . F PIP SIR rixellitil IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEABED C nstri r ent,by duly authorized agents and officers o tuffs the day of f �µ ATTEST: Signature Ali (Principal)Secretary Name and Title Address. Witness as to Principal SURETY: ATTEST: BY: Signature (Surety)Secretary Name and Title Address: Telephone Number: Note: If signed .err officer of the rty there rest be on file certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date f t ie bond shall not be prior to the date the Contract is awarded. 1 1 rar " ii... o n d PERFORMANCE BOND ` ..H'E STATEOF TEXAS § _. NOW ALL BY THESE PRESENTS. COUNTY of TART IF 5 f That we, y known as "Principal" herein and r a corporate suret suratias, if more than one) dully authorized to do business in the State Jilt T exas, l nown as Su��ret� herein (whether ono or more), are held and firmly borrund u_unto the r� w City of Fort Worth, a municipal corporation created pursuant to the laws of"Texas, known as"City" heroin, In the penal' sum of,� Dollars $ , (awful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly o be made, o hind yourselves, our heirs, executors, adrnir � l�strator$, successors and assigns,jointly and severalty,firmly by these presents. WHEREAS,.wtho_ Principal has entered into a certain written contract with the City awarded the - day of 2 . which Contract is hereby referred to and made a par hereof for all purposes as if fully sot forth herein, to f mush all materials, aqq u uprnont labor and u other accessories, defined by law, In the prosecution of the Work, including any Change orders, as provided for in said Contract designated as Fort Worth Convention Center Mee,tinc q Roo Renovations TPW2 1 -1 4. NOW,THE,REFORE, the condition of this obligation is such that if the said Principal shall RIP` faithfull r perform it'obligations sunder the Contract and shall in all respects, duly and faithfully perform the Work, including Change orders, under the Contract, according to the plans, 1f spec fi ations, and contract docu ments thofcln referred to, and as well du�rnn� and period of extension,of the Contract that may be granted on the part of the City, than this obligation shall be . a and' become null and void, othe uaa to remain in full-force and affect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant Counter, Ti� r t 6_.Uf iffd States, District o-urt for the Northern Dis i ldt f�1"��a�,:Fdrt- .. Worth Division. This bond is made and execuated in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. r 11//F rl r IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on tl is the day of 20 I PRINCIPAL: ATTEST-- BY: �w Signature (principal)Secretary Nerve and Title Address: 31 Witness as to Principal a ATTEST: BY*- Signature (Surety)Secretary Name and Title Address: Witness as to Surety Telephone Number.- ma A Note. If signed by an car oche-Sure . Cd ny, there must bisi on file a certified extract from the by-laws showing that this person has authority to sign such obligation.. If Surety's physical address is different from Its mallr�g ddr���� �!�� � rov ided. The date of the bond shall not be prior to the date the Contract is awarded. AN V 0 CONTRACTOR C PLIANCE WITH WORKER'S COMPENSATION N LA's Pursuant to Texas, Labor Code Section 6. a , as amended, Contractor certifies that It provides worker's compensation inisurance coverage for all of Its employees employed on City Project Igo. Fort ''Forth Co+nventl~c n Center Arena Meeting Room m Renovations Y W2 1 '- Contractor Further certifies that, pursuant to Texas Labor Cede, Section � . �96 , s amended, f` itiIrnri � to �t� t� � ueantr �tcr'� certificates of compliance with worker's compensation coverage. r' CONTRACTOR: B . COMPANY ANY (PLEASE PRINT 1, SIGNATURE: ADDRESS sir„ TITLE: CITY/STATE/Z,IP PLEASE PRINT) f fr THE STATE OF TEXAS P/FrP COUNTY F TARRANT � J BEFORE ME, THE UNDERSIGNED SIGNED AU "HORIT ", ON THIS DAY PERSONALLY APPEARED Or ROWN TO ME TO BE THE PERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING! INSTRUMENT, A N ACKNOWLEDGED TO ME THAT HE/SHE EXECUTED THE SAME AS THE ACT AID DEED O 1 FOR THE PURPOSES AND CONSIDERATION' TH I EXPRESSED SSE AND IN THE CAPACITY THEREIN STATED. I EN LINDER MY HAND AND ,SEAL OF OFFICE THIS DAY OF r , t .. r ... .. _ ..__. NOTARY UBUi IN_ RO__r m THE.STATE OF TEXAS e/r7rmr/ r% lr ,J w r r; NOTICE TO OFFERORS %l Proposals for the replacement of the Arena Meeting Room Ceilings 'in the Fort worth Convention Center located at 1201 Houston Street, Fort Worth will be received at the purchasing Office, City of Fort Worth, , 1000 Throckm,orton, Fort"'"worth, 76107 until 1:30 . ., Thursday, September 20, 20112, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Proposals orals submitted, the City shall select the Offeror that offers the lest 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 .M.,Tuesdlay, September 6, 2012 at the Architectural Services conference room located at 401 west 13 1h,Street, Fort worth. The offers will be valid for ninety 9 calendar days. Estimated construction cost its in the$600,000.010 AS range. As of June 1, 20112, the City of Fort Worth is imiplementing the new Business Diversity ordinance. DO to reflect the City's availability and disparity study findings and recommendations. Refer to the ReqlUest for Proposal documents for the Minority Business Enterprise MBE Information. MBE participation will be evaluated in awarding this Contract. The MB,E, participation requirement is 20%,. offerors must submit Utilisation, Flan within 5 business days of submitting their,Best"value Proposal. Failure to document pro posed-attain ent-gill-remove-the Proposal fromr further cons iderat-1 ru the-MBE, ffice at 2"1,2,-2678 to obtain list of certified subcontractors and suppliers. Offo ors mu svb it-a bird bond with their.. ro o al. fferor s to vtYm a award„of contracts 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, inforrin the Project Manager or Architect who can their inuform 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 lift s-// roject oint.buzzsaw.com fortworth o° with the user name Towtown", password "Cowtown2004", and click.on "T/P Projects". Contact the Project Manager, Ronald Clements, at 1' 392-8014 or Email Ronald.clernents fortworth ov.grg for assistance. For additional information contact "like Smith,1 Elements of Architecture, 817 333-2880, or Email msn ith elernentsofarc.cor w ,Advertisement: August 23, 201 nµ. .. ....w . . .w....___.. __ August 30,2012 Arena Meeting Reonis Ceilings at the FWCC 2 December 2012 5 I TABLE ESP CONTENTS S r r TICE TO OFFERORS �r TABLE OF CONTENTS INSTRUCTIONS TO OFFERORS PROPOSAL i t TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE WAGES T E WEATHER TABLE CONSTRUCTION CONTRACT `' P"AT"IENT EON PERFORMANCE BONE CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' CONDENSATION LAS' PROJECT SIGN r. r, lid f. e _ 11 r, G9, i J�r Arena Meeting Rooms Cellin.gs at the WCC December 2012 Ir(' r r f, i ............ i INSTRUCTIONS TO OFFERORS l. PROPOSAL REQUIREMENTS,.-ENTS The follow inq requirements shall e used in the preparation of the response to this Request for Sealed Proposals: Use the Proposal Forma provided below. Entries on the Proposal Fora may be handwritten or typed. "rite 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 1 nclu�de 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 bird submitted (5% of the total of both fire stations if the Offeror is subm:itting proposals for both fire stations). In order for a surety to be accepab� o the Cifhe sur�t � uTUUSt hdd -"certificate of duthdi from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or ,have . . iu d reinsurance for fur li,abili���p ���ess of$1 O�O q 'from a reinsurers 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 requ�ired 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. A. SELECTION OF CONTRACTOR-, The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. Al In determining the Best value Offeror, the City will consider: .� ..Pro p osed cost (60%) The lowest priced p o will receive 601 points for this rating criteria. Higher priced proposals ilil__m i'v � rt. rally .lower_snores. . When compared to, the lowest price, the higher piriced proposal will .have._its score reduced by one percent for every percent it is higher than the lowest price. The score wr11 be rounded to the hOarest whole number. 2. Proposed level of'MBE participation (110%). %). 3. Proposed project schedule (10%) The estimated performance period is in the 90 — 120 calendar range. P'roposal's with a proposed schedule within this range will receive 101 for this rating criteria. h Proposed schedulles that are shorter by no more than 20% of the estimated performance period) will also receive 10 points. For all other proposed performance periods, the polints awarded will 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 fleeting Rooms will remain operational during the construction period. The selected contractor will Arena Meeting Rooms Ceilings at the FWCC December 2012 i accommodate the event schedules on a case b�y-case basis with the acceptance of the extension f. of contract time at no additional cost to the Owner. 4. Reputation and experience of the Offeror as demonstrated by listing past and present Audio projects where 24/7 service is provided, and references with names and telephone numbers, and list of subcontractors, if applicable 10% 5. Offeror's past relationship y of Fort Worth 10� . If the Oifferor does not have a past with, the fit relationship with the City, the Offeror will receive % for this item. . If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of hove many points could have been earned in the other categories. After ranking the responses to the RFP, the city shall first attempt to negotiate a contract with the selected Offeror. The city and its architect may discuss with the selected Offeror options; for a. 1 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 r ,,... writing,, en.' negotiations w that Offeror and proceed to the nest Offeror in the order of the l selection until a contract is reached or all proploisals are rejected. Jr, 2. MINORITY ENTERPRISE (MBE) VALUE POPOS L r� inorr Business Eater rise P"'rovisions.o U% r —As-of June-1 1 2012, the city of-fort Worth is implementing the new B,us,iness Diversity Ordinance O to reflect the city 11 s availability and disparity study findings, and recommendations. Curing this transition period interested Offerors mint obtain a MBE listing of African Americans firms from the M/WBE Office at 817-212-2674. This will pnsurre that MBE listings reflect o!nl those currently certified by the,North central Texas Regional certification Agency NCTRC located in the sib 6) country geographic r marketplace e ave been accepted the City. The City's phic marketplace includes the counties of. Tarrant, Dallas, Benton, Johnson, Parker and vise. Offerors are strongly encouraged to, confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towardlis the established gosh. f 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 goody and services. If the total dollar value of the contract is greater than $50,0100, then Ir an BE subcontracting goal may be applicable. j The MBE (African American) goal on this ,project is,20%. n"MBE' African American Ultiilization Ilan must be submitted.' e- information dnrrnation s a 1 I-T e: 1 t 6- taxies �ham'e, point of contact, ad"dr �.t---te�Iep ore nuhiber, .email . ..... f address of each ICE; 2 the description of the work to be performed, by each MBE- and (3)the approximate dollar amount/percentage of the participation. A inori Business Enterprise is defined as a business concern located in the Marketplace meeting the following criteria: a. African American is defined as a person having origins in any of the f Black racial groups of Africa if Meeting Rooms Ceilings the F C 5 December 2012 i b. is at least 51 p ercent ovine o ne or ore minority persons, or, in the case of--any publicly owned business, at least 51 percent of the 'stock is owned by one or more m lnorit persons; and c. management and daily business operations are controlled by one or OS more minorit persons who own it The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal, lo _ . .. If an offeror is certified as a DBE, MBE, SBE or E firm, please be aware that the City's ordinance does not allows 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 upon S E), however, forma a joint venture with one or more MBEs, the MBE joint venture percentage participation will be counted towards the established goal. -rhe appropriate Cite of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. � If offeror failed to moot the stated MBE goal, in part or in whole, then a detailed explanation must be submitted itted to explain the Good and honest Efforts your firm made to secure I' I� E participatioln. "7/ Failure to.._su.b uwit.._th.e M African. merucan _ artici i ation information-or-the ..dl eta.i ed-. explanation of the proposer's Good and Honest Efforts to moot or exceed the stated' goal, may render the proposal non-responsive. The I"' E plan will be part of the final _ weighted selection-,,,criter.ua .... -__ 3. SID SECURITY: Cashier's check or an acceptable bidder's bond payable to the Cite of Fort Worth, in an amount of five 5 per cent of the bid submitted See paragraph 1 above]. The Bid .. bladder fails to �e�curit must accompany._ .. .. the bid and' is subject to forfeit in the event the successful m. execute the contract documents within ten (10)1 days after the contract has been awarded.ded The Bid Security shall be included in the envelope containing the bid proposal. Failure to,submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fair to award the contract within 90 calendar days of receipt of bid's, unlless the Bidder agrees to an extension. The surety must be licensed to do business in the Mate of Texas. 4. PAYMENT BOND AND PERFORMANCE Ni projects,roects in excess of $,25,100 ,, the successful bidder entering unto a contract the work will e require to t e pity surety in a sum equal to the amount of the contract aw arded. The fora of the bond shall be as herein provided and the surety shall be acceptabile 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 mint 1 hold a certificate of authority from the Untied States secretary of h� treasuiry to q�ra w ify as a surety on ob'ug�j n,s itted� required under federal laws, or 2 have obtained reinsurance for any liability in excess of$1 00,000 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 laws. Satisfactory proof of any such reinsurance shall be provided to the City upon request. the City, in its sole discretion,, will } deter ine 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 Arena Meeting Rooms Ceilings at the FW C 6 December 2012 l �i r„ If the total contract price is 25 00oO or less payment i � � � � contractor shall ' � made � one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. If the contract is in excess of $ 5,000, a Payment.Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of$1 00,000, 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 FIN the work and the details of the requirements set out in these i ecifcations to satisfy itself as to the conditions which will, be encountered relating to the character, quality, and quantity of the wort. to be performed and materials and equipment required. The filling 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 l proposal. 7. WAGE RATES: of less than the prevailing wage rates set forth in Contract documents mint be paid on this project. 8. » » » Offerors q following mzr ors. are required o submit information to the Architectural, Services Division, Management Group, 401 West 13th ute rc » ion, ace a ue� ana amen Street, Fort Worth, Texas 76102 (phone number 817'-392-8088), within five business days subsequent to bid opening (normally by 5-0:0: M the next Thursday following a Thursday bid 1, opening) in order to assist City staff in determining the Contractor's capability of performing the work,and in meeting City contract requirements- law i inorit /Women�s Business, Documentation (for 5 000 y � bids in excess of � , i Contractors Qualification Statement (AIA Forma A,305 Proposed Subcontractors and Suppliers Project Schedule Schedule of Values or Divisions 1 through 16 Breakouts "roof of insurability for,statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS.-CTORS Acceptance of the bud in no way requires the City to accept the qualifications of the subcontraotbrs. e ubcontractor III sts are for use by the City un preparing recommendations for award of_. �..�o tact. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. µ I . DISCREPANCIES AND ADDENDA r Should a Offeror fired any discrepancies in the drawings and specifications, or shouldi 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 than will be avai'l'able to all Offerors at the Flans Desk or place designated for distribution of f Bid Documents b y the 'Notice to Offerors. The Contractor is responsible for. determining of addenda are available and for securing copies prior to submitting a response to this request for sealed bids. oiral instructions or decisions unless confirmed by written addenda will Arena Meeting boons Ceilings at the F WCC December ra.ber 201 not be considered valid, legal or binding. No extras will be authorized because of failure of the _contractor include oil 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 reapon iblili'ty to obtain Addenda and include its information in the Proposall. 1. 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 fire working days of bid opening 2, TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Fill 1 1, enacted August 1 51„ 1991. 3. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits _ required by this project. cite of Fort"worth Building and Trade Permit fees are waived. Separate permits may be required for each word.location,. 1 UTILITIES �� ll" �T" EES The city will pay water and sewer utilities, tap fees Wbnd impact fees. Unless sho`n otherwise, the city will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and » gas companies in the base bid. The Contractor will be responsible for coordinating with City and -- ........0 .........-_utt uluty cornpanies for installation of utrlutues. ! nless u~nducated oche i'se-.on..the_plans---the,contractor will be responsible for costs and installations from the building side of the gaiter 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. ' 1&;__ MANUFACTURER'S UFACTURER'S REFER NCE: Catalog, brand names, and- manufacturer's references are descriptive) not restrictive. Use of brands of life nature and quality will be considered. Upon r 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. 7.. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engiineerinq, and the verification testing services necessary for the acceptance of the construction work. �. �� _ �tlil Ew . Th�_P" ct S chedule to b�W pub e i h t iu lifidafioh , tatemi�er'�i�t wil�l', at th.._ following,-, _-.�... _ ._ q e rninirn�u , include the unlit control s�.�brnittals ar��l approal�, r�uobilization, i p p ar atwon,, utilities, foundation work, structural erection, n'erior finsh, �� e e commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. 1 Arena Meeting Rooms Ceilings at the FWCC December 20,12 i PC - r tRo oSAL TO . TOM HIGGINS) PE CITY MANAGER E ATTIC: PURCHASING,HASII G OFFICE loco THROCKMORTON CITY OF FORT WORTH, TEXAS Fold:. Replacement of the Arena Meeting Rooms Ceilings in the Fort Worth Convention Center 1201 Houston Street Fort Worth, Texas Project No., Tl 2o1i2-111 P"uirsuant to the fore ioling "'Instructions to Offerors,"' the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to he done, and hereby proposes to do all, the work ,and furnish all labor, equipmient and miateriels necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of-the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is hound to execute a contract and, if the contract amount exceeds 25,000.00, furnish acceptable, Performance and/or Payment Bonds approved her the City of fort Worth for performing and completing the Wort within the time stated and for the following sum, to wit: I„. DESCRIPTION of ITEMS rz F Base Proposal $466,0174.00 Completion o calendar days after date of Notice to proceed.. ors et�on writ un *Based on no moire than two phases and no plaster ceding demo. The undersigned agrees to complete the Work withiin the calendar days specified above after the date of Notice to Proceed. A Project Schedule will he submitted as required in the Instructions to ir Offeror. The City reserves the right to accept or reject any and all 'bids or and, combination thereof r proposed for the above work. The undersigned ,assures that its employees and applicants for employment and those of any la'hor organization, su'hoontractors or empiloyment agency in either furnishing or referring employee applicants to the undersigned arei not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 74010 (Fort "Forth City Code Section 13A-21 through 13 -291) i Residency of offerors: The 1985 Session of the Teas, Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to he awarded a contract as lour bidder, non-resident Ibidders (out of state contractors chose corporate offices or principal place of business are outside of the State of Texas) that hid projects for construction, improvements, supplies or services in Teas at an amount lower than the lowest Texas resident Replacement of the Arens.Fleeting Rooms Ceilings in the Fort Worth Convention Center August 2012 r i bidder by the same amount that Texas resident bidder would be required to underbid non-r �side�nt bidder in order to tain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blank in Section A must be filled out by all non-resident bidders in order for your bid tc meet specifications. The failure of' out of state or non-resideint bidders Failure to complete the farms may disqualify that, bidder.. Resident bidders must check the box in erection B. A. Non-resident venders in Give state), our,principal i pilac{e of business, are required to be percent lower than resident bidders by state law. Non-resident resident vendor in (give state), are not required to underbid resident bidders. B. JJ Our principal place of business or corporate offices are in the State of Texas. Within ten (1 days of receipt of notice of acceptance of this bid,, the successful bidder will execute the formal) contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars $ _.� is to become the property of the City of Fort Worth, Texas, or the attached bidder's Band is to be forfeited in the event the contract and bonds are not executed within the lt time set forth, as liquidated damages for delay and, additional work caused thereby. Bid i Bond Attachied N MINORITY OMENS BUSINESS ENTERPRISE (M MBE):: For bids in excess of$25, I am aware that I must submit information the Director, Transportation and Public Works, concerning the M E participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, J Scott Den,nett Construction, LC. Company a By- Signature Scott ennett President Printed Name of Principal Title lail Address: 2313 Cullen Street Street / Fort Worth 76107 1 City Zip Phone: 1817-882-9420 r r 817-882-9424,_, Email: scottd@thennettconstruction.com/shawnm@dennettc,onstruction.colm t Replacement of the Arena Meeting Rooms Ceilings in the fort Worth Convention Center iagust 2012 Y4 �j i (% ar Receipt is acknowled led oif the following addenda: Addendum No. : 4/12, Addendum No,. 61 Addendum Ala, 2: 9/10/12 Addendum No. 7'. Addendum l' . 1 9/14/12 addendum Igo. Addendum Nio,. 4: 9/18/12 Addendum No- Addendum No. 5. Addendum No., f r 1 i Replacement of t the Arena Meeting Rooms Ceilings in the Fort Worth Convention Center UgUst 2012 lr l i Receipt is acknowledged Gf the followingi; Addendum No. /24/ 2 Addendum No. 6- Ad de um No. . 9/10/12 Addendum No. 7; r �9/14/12 Addendum No. -8. Ad'dendum 4.- 91/18/12 Addendum No. 9 Addendum, No. Addendum No. 10- r, l% r ,J f t� 1 l' f: t P/l/P Arena Meeting Rooms Ceilings in the Fort Wot h Convention Center. August 2012 l TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE ,, N a e of Purchaser,chaser, l"ir or Agency: City of Fort Worth, e Address(Street& Number, P.O. Box or Route Number): 1000 Throckm Orton City, State, Zip Cade: Fort Worth Texas 76102 Telephone: (8117) 392-8360 l„ the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from All:vendors Description of the items to be purchased, or on the Etta hed order or invoice.- All items except motor vehicles as listed bellow ;. h i, tip for the, N--wing reason: Governmental Entitv l understand that l will 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 tan transit. authority sales and use tax laws and comptroller rules re arding exempt uirchas,es. Liability for the tae' w�ill 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 mi deme nor to give an exemption certificate to the seller for taxable items which l know, at the time of purchase,will be used in a manner other than expressed in this certificate and that upon conviction l may be fined not more than $600 per offense. Purchaser. Title: Purchasinci Manager beta: FebrUa[y 1 2007 Note. This certificate cannnet be issued for the purchase,, lease or rental of a mot or a THIS CERTIFICATE DOES NOT REQUIRE A NUMBER TO BE VALID Sales and Use Tai"Exemption Numbers"or"Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier, Deg not send the completed certificate to the Comptroller of Pulbai'ie Accounts. n Replacement of the Aj-ena Meeting ooms Cent in the Fort Worth Convention on Center August 2012 ,9 2008 PREVAILING WAGE RATES f' CONSTRUCTION INDUSTRY Classification My Rate Classification My Rate flvvP f; Ac Mechanic $21.69 Plumber $20.43 Ac Mechanic Helper $12.00, Plumber Helper $14.90 pre ceustical ceiling j; Mechanic $15.24 reinforcing Steed.setter $10.010 Bric la erg Stp9e Mason $1 .12 Roofer $14.40 Bricklaerlstane Mason Jr Helper $10.10 Reefer Helper $10.00 Carpenter $16.23 street petal Worker $116.96 f Carpenter Helper $11.91 sheet Metal"worker Helper $12,31 j Concrete Finisher $13.49 Sprinkler System Installer $18.0 Concrete Form Builder $13,12 Sprinkter System Installer Helper $'9.00, D, all Mechanic $14.62 steel Worker structural $17.43 p r rrrall He[ er $1 ,91 concrete Pump $20.510, �r crane, clamsheet, Backhee, Derrick, D'Line Drywall Taper $13.00 Shovel $17.26 l Drywall Taper Helper $x,00 Forklift $12.63 .. .._.. __.. $1 .50 electrician (Journeyman) $2 .2�-- "ran �r�d-L�a�'��= _��. _ Electrician Helper $14.43 True Driver _ $14,911 Electronic Technician $19.86 Welder $16.06 m.... . Electronic Technician . }... Helper $12..00 Welder Helper $9.75 Floor Layer(Resilient) $20.00 Floor Layer Helper $13.00 r glazier $18.00 f Glazier Helper $13.00 78 Insulators $1 4, VF Insulator Helper $11.25 Laborer"Common-, $10.27 Laborer Skilled $13,1 r Lather $16.10 Painter $14.83 f Painter Helper $8.00 Pipefitter $18.85 Pipefitter Helper $12.83 Plasterer $17.25 Plasterer Helper $112.25 Replacement of the Arena Meeting Rooms Ceilings in the Fort Worth Convention Center August 2012 _ EAT H�E R TAKE Month Average Inches of Snow/lce Lays of Rainfall Pellet Rain January .8o February 7 2.36 March 7 2.54 April 8 4.30 0 May 8 4.47 June 6 3.05 July August .26 September 7 3.15 0 October 5 2.68 0 Decern ber 6 1 ANNUALLY 32.30 Mean n u mb r of d as, rain all, or more 2 Average normal precipitation, in inches 3 Mean mummer of days 1.0 finch or more Less than 0.5 uncles This table is based ors information, reported from belles-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West,, elevation (grounds)551 ft. vary number ar f a f rain, , are ice are h on records co° grin 27 years., �" � � � � Saar -r-ed0.t t o is Ibased-on-record of_ 4 riot s� used as a axis-for calculation,of excess rain- .r r-.d s for projects ith ration in calendar days., if the site recurs indicate that the Contractor was unable to carry out operations I e t o weather, it is counted as a weather a . if the number of weather days exceeds the number of average rain aye plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. Replacement of to Arena,Meeting Rooms Ceilings to the Fort Worth Convention Center August 2012 f f City of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS NS CAF THE CONTRACT FOR CONSTRUCTION SECTION DEFINITIONS, PROCEDURES AND INTERPRETATIONS ETATIC NS d� CONTRACT CST D C UMENTS 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,s, Special Conditions, Specifications, flans, Bonds and all Addenda, Amendments signed by all parties, Change Orders., OPP written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract'Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Documents. After being executed, the Contract Documents g y y Amendment signed by the Contract ocua�u . can be changed only b a written Ame r Contractor and the Owner,or Change Order,or by a written weld Corder for a minor change. A-3 WORK: By the term Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. T DOCUMENTS:.- EXEC HE CONTRACT I�+C�C� Contract Documents shall be executed in sax originals with all FF EXECUTION CAF' ' Contra d �T µ T.��� The require aattachrnent�, including irequired bonds and insurance certi cafe .,t y the Contractor and the Owner i such form as may be . prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. j !'r A-5 FAMILIARITY WiT'H 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 himself as o—the condataons that wall be encounter6d relating to the character, quality an quanti f wbrk'tb be Pr performed and material's to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied)with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by f the plans will not be allowed. ONE UNIFIED C ON'l RACT; Insofar as possible, the Contract )Documents will be bound together and executed as a single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and other items necessary for the proper execution and completion of the Work. Words that have well-recognized technical or trade rr meanings are used herein in accordance with such recognized meanings.. -T 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, INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner,and wild be issued with reasonable promptness and at such times and in accordance with such P 011 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)Corder. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract (Documents, the evaluation of work or materials performed or furnished by the Architect Contractor,or any subcontractor or materialsrnan or involving any question of fault or liability of any party, the decision of the Owner shall be final and binding. _ In the event of inconsistency an the contract documents, the following, sequence for interpretation-shall,-be-used!--4n-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 Speprfications Special Provisions; Supplementary General Conditions; General Conditions; and,Construction Contract. I IFF A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of )Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and,with the exception of one Contract set for each Party to the Contract,are to be returned to the Owner on request at the completion of the work. 1, i i J General Conditions for Facility Construction Lump Sum Contract—Dennett Construction Fort Worth Convention Center Arena Meeting Rooms Ceiling Replacement December 2012 Page 1 of 26 ,� SIT"" ��� ��l �I�I �tJ�II��, � � City of Worth has goals for the _1 � MINORITY I"+JiC;� ENTERPRISE RI'RI�� l �l�� P° LIC�'y Enterprises (M/WBC) in City cone pl. ig o participation of Minority and-Women Business r contracts. Compliance with the policies designed t �n si considered a responsive bidder. The City policy and procedures to be followed in meet these goals is mandatory �� order to be eons d p y p �" submitting bids is included. The City of Port worth MWBE Program will tale precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-111 CSC RRELAT111O AND INTENT: In general,the drawings indicate dimension,locations,positions"quantities, and kind's of »� construction; p q p q on the drawings and no.tw.. _.. the specifications indicate the unlit and construction procedures required:. indicate Work specified of vice-versa, shall be furnished as though set forth in both. work not detailed,marked or specified shall be the same as similar parts that are detailed,marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included, Dimensions on drawings shall take precedence over small-scale drawin g s Drawings showin g locations of piping,ductwork,r 1, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approvall. A-12 Acne:. In accordance with the policy Policy)of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors" while engaged In performing this contract, shall', in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privil'egies of their employment"discriminate against persons because of their age except on the basis of a bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program;participants, or persons acting on their behalf, shall specify,in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification,, retirement plan or statutory equipment. Contractoir warrants it will fullly comply with the Policy and will defend" indemnify and hold City harmless against any claims or allegations asserted b third parties or subcontractor againsCity arising out o Contractor s and or its subcontractors"alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. y 13 DISABILITY'" In accordance with the.provisions-of.-the.Arriericans 'with Disabilities.Act of 1990 "ADA"), Contracto.-..,�_..._._.- 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 p ublic, nor in the availabili ty, terms and/or conditions of em p loy ment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicabille federal,state and local laws concerning disability and will defend,indemnify and hold)City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors" alleged failure to comply with the abolve-referenced-lawns concerning di,sability'discrimination in the performance of this agreement. SECTION IDENTITY OF ARCHITECT B-11 CONTRACT' ADMIT ISTRATION he term., "'Arch witect' is used in,-the ""C� or "'General' Conditions of "� shall refer to he Director,Transportation� i and Public Works or his he contract f Construction", it she t " s designated Building Construction Manager. The Director,Transportation will designate a Project Manager and Building Construction 'tanager 13CI )to administer this contract and perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be designated to perform the duties of"Architect"'". The term."City,"'and"Owner"are used interchangeably and refer to the City of Port Worth as represented by the Director of Transportation and Public Works or his designated,representative. -13-2 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)l Stop work under the Contract on the date and to the extent specified on the notice of termination. b Place no further r orders or subcontracts except as may be necessary for the completion o the work not terminated. C) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above" the City will pay the Contractor)a proportionate part of the contract price based on the work completed; provided, however" that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the,amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of'such claim. In the event of any dispute or controversy as to the propriety or alllowability 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' forth,and.the decision by the City Council of the City of Port Worth shall be final and binding upon all parties to this contract. d General l Conditions for facility Construction Lump hum Contract-Dennett Construction Fort Worth Convention Center Arena Meeting Rooms Ceiling Replacement l?ecember 2012 !% B-3 PUTIES OF THE ARCHITECT: As used h�ereinr the term Architect means the Architect or his authorized representative. N�othang contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. "0,10 13-4 RCHITECT AS REPRESENTATIVE E OF' THE OWNER The Building Construction Manager � general Contract on behalf of th e � � wall provide ei� will have authors to act as t representative of the Owner to the extent administration Owner and � ataon o the� provided in the Contract Documents unless changed an writin he re res y owner. The Architect will be available for conferences and b th consultations with the Owner or the Contractor at all reasonable tarries. B- Architect shall at all times have access to the Work whenever it is in preparation and �> re ress. The Contractor SITES: The Air p g. t actor 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 proceeding the work is p ng in accordance with the Contract documents. Can the basis of on-site observations,the Architect will beep the Owner informed'of the ro ress of the Work and will endeavor to p g guard the Owner against defects and deficiencies in the Work of the Contracto r, Based: upon such observations and the Contractor's applications for payments, the Euild!ing Construction Manager VIP will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. Fell E-6 INT"ERPRETATION& The Architect will be, in the first instance, the interpreter of the requirements of'the flans and Specifications and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. m B-7 AUTHORITY TO STOP WORK: The ECM will have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever, in its reasonable opinion, the ECM considers it necessary or advisable in order to insure the J proper reallization of the intent of the Plans and specifications, the 8 M will have authority o require the Contractor to stop the t III ha Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated installed or cormpleted*. MISCELLANEOUS DUTIES CAF ARCHITECT _.Sho. D.rawin ; .._The.Architect will review Shop.0 rawings and Sam iples. Two--copies,of each-appproved Shop Drawing and-submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Chan e Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued b the Owner V g Guarantees. The Owner wiill receive all written guarantees and related documents required of the Contractor. Upon completion of t .e project t.6 Contractor shall provide the Owner five copies of each,guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial colmp� let'ion and final) completion. The Architect willl conduct the final acceptance inspection and issue the Certificate of Completion. Operation and receive six copies of all applicable equipment installation,, operation, and Hance Manua i f the c Maintenance s e caner will recei maintenance brochures and manuals required o Contractor. TERMINATION OF THE � he termination of the employment of the Architect by the Owner, the ARCHITECT: In case of t. g p of Transportation and public Works,or Owner shall either assume the duties,of the Architect through the Director of the Department shall appoint a successor Architect against whom,the Contractor makes no reasonable objection. SE+ TIC N C ..... . OWNER __-_.. _ �e.,w.w__ . _ y i y . " y representatives C-1 IC�ENTl1=I�aTIC�N. � the term Owner is meant the.City o Fort Worth,actin herein its duly authorized in the manner provided by laaw. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public `"Yorks Department and members of the Facilities Management Division. Generally speaking a designated representative will'be a Building Construction Manager identified from within the Facilifies Management Group to act as a point of contact for day-today contract administration. C-2 DUiTIES OF THE OWNER The Owner shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work,provided,however,that the'Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities.and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or i damage y y y _ shall secure and pay for title to the site and all " inaccuracies era " h virtue o an ina cies or deficiencies in such surveys. e caner necessary permanent or construction easements. The Owner will coop to 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. f, General Conditions for Facility Construction Lump Sum Contract Dennett Construction g ling Replacement(December 2012 Fort Worth Convention Center Arena Meeting oo�rms ei i C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM. ..... preparation and ACCESS T �JICE SITE �"' Owner to the 'work whenever it is in re aratron a �" �."er shall � all times � ��� �� progress. The Contractor shall provide facilities for such access so the Owner a perform its assigned functions under the Contract Documents.. 5 PROGRESS INISPECTIC NS The Owner will make visits to the Site " q and �, INSPECTIONS: to familiarize themselves with the progress quality of the Work and to determine if the work is proceeding " oin-silte eedin in accordance with the Contract documents., Can the basis+ observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. r C-6 AUTHORITY TO STOP CORK: The Owner will have authority to reflect work that dloes not conform to the Flans and Specifications. W considers it necessary or advisable in Order to insure the proper � the Owner s the Owner will have authority to require the f Whenever, in its reason�ab e opinion, realization of the intent of the Plans,and Specifications, ��' qua Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of the Work whether or not such Work be then fabricated,installed or completed. 7 SUBSTANTIAL COMPLETION N INSP CTION: Upon agreement of the Contractor and Architect that the 'work is substantially,complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended) by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete,defective or deficient shall be incorporated into a punch list and attached to the,CIA 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 r contract, have access to and the right to examine any directly pertinent books, documents papers and record's of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three years after final payment under,the subcontract, have access,to and the right to examine any directly pertinent books" documents, papers and records of such subcontractor, involving transactions d f subcontract" l�he term "subcontract"as used herein includes purchase orders. r Contractor agrees to photoco,py such documents.as may be requesited,by the city. The city agrees to_re.ir burs e_ .ontractor for the costs of copies at the rate published in the Texas Administrative Code. SECTION I CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR:TO : Contractor shall perform all work and services hereunder as an independent. contrauctor, 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 an d services performed hereunder„ and all persons performing Bernie,and...Contractor shall) be solely responsible for the acts of its officers,agents,and employees" Nothing herein shall be construed as creating a partnership or joint enterprise 1, w between City and the Contractor, its officers,agents and employees,and the doctrine of respondeaat superior shall not apply" D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and IFlublic Works of the. City of Fort Worth. D-4 REVIEW'OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract" Drawings,Specifications,Addenda and modifications and shall at once report to the Owner-and--to-the-Architect any error, inconsistency or omission he.may discover" The Contractor shall do no work without Drawings, Specifications and Interpretations. D-5 SUPERVISION: The Contractor shall supervise and direct the Work,using his best skill and attention. He shall be solely responsible for all construction means,methods,safety,techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS: Unless otherwise specifically noted), the Contractor shall provide and pay for all labor, �J 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 will its reasonable best efforts to, workmen and materialmen, The general lkali use i hire local laborers, cuss ul lowv bidder condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. General Conditions for Facility.Construction Lump Sum Contract—l ennett Constriction Fort Worth Convention Center Arena,Meeting Rooms Ceiling,Replacement Decernber 2012) Y. TV` Jj, if! 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 hirm. D COMPLIANCE WITH AND ENFORCEMENT ENT CAE PREVAILING WAGE RATE f .. Duty to,,pay Prevailing Wp e bates. The Contractor shall comply with all requirements of Chapter 2258,Texas Government Code (Chapter 2258),including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. r lt% P"en for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demiand made by the Y _. .. _. City,pay to the City 60 for each worker employed for each calendar day or pant 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 228.023. �f Com laints of Violations and City Determination of Good Cause. Can receipt of information,including a complaint by a worker, concerning an alleged violation of 2258.02 ,Texas Government Code,by a contractor or subcontractor,the City shall snake an initial determination,before the 31't day after the date the City receives the information,as to whether good cause exists to believe r that the vioilation occurred. The notify' writing the contractor or subcontractor and any affected worker of its initial e Cit shall in deterumuination. Upon the City s determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates,such amounts being subtracted from successive progress payments pending a final determination of the violation.. IN Arbitration Ike uWuired if'Violation loot resolved. An issue relating to an alleged violation of Section 2258.023,Texas Government Code,including a,penalty owned to the City or an affected worker,shall be submitted to binding arblitration in accordance with the Texas General Arbitration Act(Article e q. Revised Statutes)if the contractor or su bcontractor and any affected worker do riot resolve the issue b agreement,before the 15th day after the date the Cut makes its initial determination pursuant to paragraph (c)above. if the per sons required t o arbitrate under this section do not agree on a n arbitrator before th e 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 arbutratuon. the decision and aw>ward of the arbitrator us fnal an rnding on null parties ar�ud may be enforced un any court of competent jurisdiction'. Jill .._ ._... .. ....... Records to be Maintained. The Contractor and each-subcontractor shall,for.a period of three(3)years following the d ate of_..._ _...... _ acceptance of the Work,maintain records that shown(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 VNIF 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. Fay 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 P'ostin of Wa e Iatesr The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all tunes. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to cbmply with paragraphs(a)throlugh(g)above. ,l, On projects where special wage rates apply(e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such progirams. I D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all material's and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials, and equipment, ._ __.. _.... _ . ._ ..... .._......._. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided'by lawn or leg , the Contract Documents. D-g, TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and use Tax. D-10 LICENSES, N+ uTICES AND F5ES. The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary,required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Iegiulations and Orders of any public authority per"', bearing on the perforumuance of the i'`ork. If the Contractor observes o becomes aware that any of the Contract Documents are at 'r 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 Lawns, 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. OF r General)Conditions for Facility Construction Lump Sum Contract—Dennett Construction Fort Worth Convention Center,Arena,Meeting Rooms Ceiling Replacement(December 20112) i ID-1°I. CASH ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents..These allowances mall cover the net cost of the materials and equipiment delivered and unloaded at the site, and all applicable taxes. The Contractor Is handling costs on the site, labor, installation costa, overhead, profit and other expenses se included in the Contractor Sure and' not in the allowance. The Contractor shall g nclud direct but r persons as the Owner may contemplated for the original allowwrance a be � allowances to b performed rso y , e such amounts an b such e cause the � p "� p e v"w�"ork covered b these a � he will not be required) to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract ,burn shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs,field overhead, profit and other direct expenses resulting to,the Contractor from any increase over the original allowance. D-1 Sb1PER NTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner.The superintendent shall represent the Contractor and all communications given to the superintendent shall be-binding as if given tote Contractor. Important communications will' be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEE AND SUB-CONTRACTORS: tractor shall be responsible to the Owner � �� 'The Contractor for the acts and omissions of all his employees and alll Sub-contractors, t"'heir 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 carry p g i g and terms of said Plans,Specifications herein fixed or to car on and complete the same according the true meaning o the intent p and Contract Documents,then the Owner shall have the right to either demand the surety to takeover the""«JVork and complete carne in accordance with the Contract Documents or to take charge of and complete the Work.ln.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 shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost. D-1 5 PROGRESS SCHEDULE.- The Contractor, immediately after being awarded' the contract, shall prepare and submit for e chutect s approval,an ester aced progress schedule for the Works T'he progress sdl�dul�e shall be collated to the entire Project. schedule shall indicate the dates for the starting and completion of the various states of construction and s revised as This sch � g " a e ` required b the condition of the Work subject to the Architect's, approval. It shall also indicate the dates for submission and q y � Pp approvaLof_shop-drawrwings and submittals as well as the delivery schedule-for maj.or�iece -of-equipment andl/or materials.-,.,- . The Contractor shall submit an updated progress schedule the BCll at least monthly for approval along with the Contractor's y»y 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, g g delivered to the Owner upon completion of the Work. The Architect marked to record)all changes made Burin construction,shall be deliv will prepare,and provide to the Owner,one complete set of ireproduc ble record dra "ngs of the Work. -1.7 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustration s„ schedules,u es, performance charts, brochures and other data w Mich are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. p physical p furnished by the Contractor to, illustrate materials, equipment or workmanship, and to establish Samples are h sisal earn les f standards by which the Work will be judged The Contractor shall review, stamp with his approval and submit, with reasonable, promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor,normally within the first go days of the work, sic copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or , 2 _----a ruendr ents7.—Shaop--Dravwings-and-Samples-shall be properly identified as--specified7-or-as-the--Architect may require At the time of submission the Contractor shall' inform the Architect in writing of any deviation in-the Shop Drawings or Sarnples from the requirements of the contract Dournenis e _ ..... _ ...a._._.... ..,A... _ w ..�. By approving and subim,itt ng!Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field con�fruction criteria, materials, catallog numbers and similar data, and that he has checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents.The Architect's approval of a separate item shall not indicate approval of an assembly in which the item fulnctions" 1 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 dlirect specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. General Conditions for Facility Construction Lump Sum Contract Dennett Construction Fort Worth Convention Center Arena Meeting Dooms Ceiling Replacement(December 2012) `r 1J/ w The Architects approval of Slop Drawings or Samples shall not relieve the Contractor of responsibility for anay,deviation from the requirements of the Contract Documuents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the r Contractor from responsibility for errors or omissions in the,shop Drawings or Samples. r No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. IFF/i D-1 8 SITE SE: The Contractor shall confine operati ons at the site to, areas permitted by lam, ordinance s , permits and the he Contract Documents and shalll not unreasonably encumber e site wµ � an materials or nti acre p Lance o t he Work by the City Council o f the City of Fort Forth, the entire site of the Work shall be under the exclusive controll,care and responsu illi�ty of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action 'of the � elements or from any other cause whatsoever.The Contractor shall rebuild, repair, restore and male 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 PATCHIING 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 pain of it, o -20 'CLEAN CIF: The Contractor at all times shall)keep the premises free from accumulation of waste materials or rubbish.At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment,machinery and surplus m! " shall clean all la and.leave the Work"Broom-clean"or its glass surfaces � �� �� � ateria s,and s a 1 e uivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings broom-clean , Contractor shall clean all glass, replace any broken glass, remove stains, spots,marks:and dirt from decorated work, clean hardware, remove paint,...;;,M spots and smears from all surfaces, clean fixtures and wash all concrete,the 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 C I"i MUNICATIONS As a general rule,the Contractor shall forward all communications to the Darner through the BC M. 22 CONTRACTOR REQUIREMENTS ON FEDERALL.Y FUNDED PROJECTS: Contractor shall observe and comply with ith the requirements of the City o f Fo rt Worth Fiscal Department, Intergovernmental Affairs and Grants,Management as outlined in the Supplemental Conditions-co.ntainedm in_the_Project.Manual 1„ SECTION E f, SUBCONTRACTORS E person or organization that has a direct contract with the Contractor to perform any of C�hl� subcontractor is a g Contract Documents as if singular in number and �; the Work at the site The term Subcontractor is referred to throughout the 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 SUBC ONTRAC TS, The bidder shall i furnish a fist 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 b e �esi g� !a e in the bidding requirements,or if none is so designated in the bli in g re q uiremen�ts,the names of the Subcontractors proposed for the principal portions of the work. Prior to the award of t h e Contract, the Architect shall notify the�, successful bidder in writing if either the Owner or Architect, after dare investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall!not constitute acceptance of such person or organization. If,prior to the award of the Contr-acHhe-C wner car Architect has an objective to any person or organs atuon o r uc ist, -nd 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 acce table substitute, the Owner may, at its discretion, accept,the bid or he may dis ualif�y the w.. .m. ......� bid. If, after the award, the Owner or Architect objects' in writing to an person or organization on such list, the Conn chits l g y p g Contractor,shall provide an acceptable!substitute. � p p The Contractor shall not male 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. f E-3 "T'ERMiS OF SUBCC;NT'RAC TS All work ,performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor(and where appropriate between Subcontractors and Sub- subcontractors)which shall contain"provisions that: rrr 1. Preserve and protect the ri g hts o the Owner a nd the Architect u,n e r the Contract r ac t 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 General Conditions for Facility Construction lump Sum Contract Sennett Construction Fart Worth Convention Center Arena Meeting looms Ceiling replacement(December 2012 Ii _. 3. require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, i reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs extensions of time,damages for delays or otherwise with resp d ect to subcontracted portions of the Work shall he submitted to the Contractor(via any Subcontractor or,Bub-subcontractor where appropriate) in ° the manner provided in the Contract Documents for life 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 perilis covered by the properly 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 consentmm to the provisions of this Section All of the provisions set out in this,section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied'as to the Owner and the Architect,whether or not such provisions are physically included in the sub- contract. E-4 MIINIORITY AND WOMEN BUSINESS ENS TE,RP ISE M BE . Should the base bid be less than $25,000, the requirements of this section do not apply. General: In accordance with City of Fort""worth Ordinance No 1 5530 (the "Ordinance"'), the City of Fort'worth sets goals for the participation of minority and women business enterprises 'M/WBEj in City contracts. Ordinance No 15530 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. «4 J Prior to Award: The M BE docurmentation.°.required by the procurement solicitation must be submitted ww thim five city business days after bid opening. Failure to comply with the City's M BE Ordinance,or to demonstrate a"good faith effoirt",shall result in a bid being considered non-responsive. Curing Construction: Contractor ,shall provide colpies of subcontracts or cosigned letters of intent with approved M BE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractors all also provide monthly reports on Utilization of the subcontractors to the M BE Office and the pnstructron Manager. Contractor must provide the City Wirth com�dte and accurate information regarding actual work performed by an lei BE on the contract and proof of payment thereof. Contractor further agrees to,permit an audit and/or examination of any books, records or files in it's possession that will substantiate the actual work performed b an BE. The misre reserztation.o .facts_and/or the.comrmission of fraud b .the Contractor will be o n s o .�.�_._ ...._�_ .. o p ' p +" ��r a_.�_. .�_ _.....�... ._m ..: terrmination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. An o r who intentionally M r knowwrin l! misrepresents material facts shall) be determined to be an irresponsible �� ero and/or,knowingly participating y p of time of not Iess than three years, The failure of an offeror to offeror and barred from in City work for period comply with this ordinance where such iron-compliance constitutes a material breach of contract as suited 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 year. The Contractor may count toward the goal any tier of MWBE subcontractors and/or suppliers.. The Contractor may count toward its goal a portion of the total dollar amount of,the contract with a joint venture equal to the percentage of the'M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an l' BE subcontractor or supplier,the Iii BE shall be given an opportunity to perform the work. Whenever a change!order is$50,000,or more, the MIWBE Coordinator shall determine the goals applicable to the work to be performed under the change order. r During the term of the contract the Contractor shall.. 1. Make no unjustified changes or deletions in its MANBE participation commitments submitted with the id/proposal or during negotiation,without prior submission of the proper documentation for review and approval by the JIBE Office. 2.. If substantial subcontracting and)or supplier opportunities arise during the terra of any contract when the Contractor p n its bid/proposal to the Ci that it alone would per-form the subcontracting/supplier opportunity work, the . p ........ ._ represented��... .. .., . . . _ . . � and/or Contractor shall notify � City supplies are awarded and shall be required to comply wwrith y the Cut.,..Before subcontracts for rock a subsections 12.3 and 12.4 of the Ogrdinance,exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the l BE Office for approval an BE REQUEST FOR APPROVAL OF CHANGE FORM, if„ during the team of any contract,the Contractor wishes to change or delete one or more M/WBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following: 1. An M/WBE's failure to provide Workers'Cormpensation Insurance evidence as required by state law;or 2. An M/WBE'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 General Conditions for Facility Construction Lump Sum Contract Cennett Construction Fort Worth Convention Center,Arena Fleeting Rooms Ceilings Replacement(December 2012) Ju agreements used on other projects of similar size and scope and within'the Contractor's normal business practice with non- BE subcontractor'slsubconsultant s or suppliers;or Perm, 3. An M BE"s failure tol e � run a subcontract s required y the acute the Contractor's standard subcontract form, of entering retract i q ed b Contractor in its normal course of business,unless,such failure is due to- a) change in the amount of the previously agreed to bid or scope of work or The contract resented provides for payment once a month or longer and the Contractor is receiving b p p P payment from the City twice a month;or c Any limitation being placed on the ability of the MNVBE to report violations of the Ordinance or any other ordinance or violations of any state or federal lave 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 IVINVBE defaults in the performance of the executed subcontract. In this event,the Contractor shall; r a bequest bids from all ITV BE subcontractors previously submitting bids for the work, r% b If reasonably practicable,request bids from previously non-bidding M/WBEs,and c ,a, Provide to the M BE office documentation of compliance with a and b above. r 5. Any reason found to be acceptable by the M BE Office in its sole discretion. i Within ten days after final payment from the City the Contractor shall i provide the IVINVBE Office with documentation to reflect final participation of each subcontractor and supplier,including non-M/WBEs,used on the project.. E-51 PAYMENTS TO SUBCONTRACTORS: The Contracto r,shall p y each Subcontractor, upon receipt of payment fro m the ff vw�ner, an amount equal to the percentage of com�upletion allovw�ed to the Contractor on account of such subcontractor's"work.The _� _... --Contractor shall-also require each Subcontractor to make similar payrments_to.®..his subcontra.ctors,. ,....a. 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 � particular subcontractor, th e Contractor shall p a that Subcontractor on demand,m ade 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 rmoniies'receive by the Contractor,and he shall require f" 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 accouint of Work done by such Subcontractors.. Neither the Owner nor the Architect shall have an obligation to a or to see to the payment of an monies to an Subcontractor, y g p p y y y E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate IF provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFI 24 or BOMB Circular A-11 D,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. IF Ir m_1 o �ubcc�ut au�tor r °ill be-employed-on this-Project, except as specifically-approvedmm_by_-the-Oty,...-who is contained-inathe-listing of contractors-debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal governrment. departrnents. The work,,performed by any such contractor or subcontractor ry will be ineligible for reimbursement wholly5or partially from EDA grant fluids. If` Air, AN subcontracts in excess of$10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. w All subcontracts must contain a r'uondiscrirminatioln clause. 1 Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a°weekly,statement of compliance. These documents will be submitted to the prime contractor d submit to the!City.The subcontractor can satisfy this regiuirerment by ntractor7who vvu compile them an submitting a properly executed Department of labor Form'H-347. IF! General Conditions for Facility Construction Lump Sum Contract–Dennett Construction Fort Worth Convention Center Arena'fleeting Rooms Ceiling Replacement(December 2012) h l Each subcontract with every-subcontractor roust contain a clause committing the subcontractor to employment of local' labor to the maximum extent possible.. All subcontractors who e loy more than 50 employees, and. is a prime or first tier subcontractor, and has a subcontract or purchase order of$50,0010 or more roust submit a completed Standard Form 100(Compliance Deport)by larch 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS TRACTS F OWNER'S RI'GH'T: 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 RESPONSIEILIT F CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work. of any other separate contractor, the Contractor shall inspect and l promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results.Failure of the Contractor to inspect and report shall constitute an acceptance of the ., other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice,settle with such other contractor by agreement, if he will so settle.. If such separate contractor sues the Owner on account of any damage dlleg .55-arse been so sustained, tle Cvvrwer shall notify the Contractor wwho shall dd aaunsf ul Wuut at the �. Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owwner,for all attorney"'s fees" count costs and expenses which the Owner has incurred in connection with such suit.. ... F-3 UTTI'N' G AND PATCHING UNDER SEPARATE CONTRACTS:, The Contractor shall do all:cutting,fitting or patching of � his"wort that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting,excavating or otherwise altering any work and,shall not cut or alter the work of any other contractor except with the written consent of the,architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S FIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to, their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and'Public Works shall determine to be just. SECTION MISCELLANEOUS PROVISIONS S ;lJ G-11 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal,Mate,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 City and al'I of i g g any claim or liability g he violation of any save harmless the Cii a is officers and agents against ility arisen from or based on t' such Laws,Statutes,Charter, r inances Regulations,or Directives,whether by himself,his employees,-agents~or-s-ubc+ontractors.. f G- It is mutually see an ..t a t �s agreement is made and entered red._in b ..thR,e.W., parties i h h existing Charter and Ordinances he rd�n "w'y'`orth� an laws of the Mate of Texas with hereto t reference to s g e a a es o t qty of Forty d the I� referencie to and governing all smatters affecting thus Contract,and the Contractor agrees to'fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF(PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances,of the City of Fort""worth in connection with this Contract,or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of.a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negiligence or willful wrong. G4 COMPLIANCE wi,rH LAWS. Contractor agrees to comply with all laws, Federal,state and local,including all ordinances, rules and regulations of the City of Font Worth,Texas. Materials incorporated into the finished Project acre not subject to State S'al'es Tax. 1? Lump General Conditions for Facility Construction, um Sum contract Dennett Construction Fort Worth Convention Center,arena Meeting Rooms Ceiling Replacement(December 2012) i frill � rig the Building-Perrmit. The Contractor and the appropriate subcontractor are responsible for The Owner�� responsible�e�r�hteir�i g in error obtaining all other� permits from the governing agencies-. Contractor shall schedule all code inspe�ctioins with the Code Inspection Division in accordance with the permit requirements and submit a copy eta dated p schedule to the Construction Manager weekly. Burldin 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,p and their personnel at the project site for Contractor s sole negligence. Contractor agrees to indemnify, hold harmless and !Vrl, t covenants and a 'f n addition, defend, at its own expense, the Corner, its officei°:s, servants and employees,, from and against any and all claims or suits for property loss, property damage, personal injury, including death,arising out of,or alleged to arise out of,the work and services to be performed hereunder by Contractor,,,its officers,agents,employees,,subcontractors,licensees or invitees, whether or not gU such ire aarrra a ieaitause iii' part the ire a ~alleged eree o +�wrrer, its officers e or in � of rice eal�+� �"� servants or a io ees Contractor likewise covenants-and agrees to indemnify�and. hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the teams and conditions of this Contract„ whether or not anV such ire"u or damai a is caused in whole or ire art b fie ne i ence or aii� a rye �� er�ce o wrier its officers or emplo ees. 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 haa been settled and/or a release from the claimant involved, or(b) provides Owner with a Metter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier, The Director may', if he deems it appropriate-.refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. C' - SUCCESSORS CES��SOR p p n Paragraph �_2�,this contract shall be binding upon and insure to rl I benefit f he parties� their '�: Except provided i i the bene t o t part s hereto, th Successors o signs. 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 vw�ritte consent of Ow'er sha�Il be void. _ �% G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly,served if delivered in person to the individual or ..,..... m b f_ he firm, r to n officer of he corporation fdr wnrhorrr_..i_w n r m e bier o t o a o t t as intended, or,if delivered at or sent by registered.or,,..._c.ertified_ ._.._ a .. mail to the last business address known to hirm who gives the notice. 1 SURETY'FONDS: Surety Bonds are required on all City contracts in excess of$25,1000 The Contractor agrees, on the IF submittal of his Proposal to male, execute and deliver to said City of Fort`Forth 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 d oirk,such'bonds beingmss provided.and required in article 5160 of the Devised Civil Statutes of Texas as amended, in the form included in the Contract Documents,and such bonds shall be 100 percent of the total contract price..,and the / said surety shall be a surety company duly and legally authorized to do business in the State of Texas,and acceptaublie to the City Council of the City of Fort Worth. IF Bonds shall be,made on the forms furnished b or otherwise acceptable to the City. Each be properly executed by both y p y shall cce to the Contractor and the Buret Company.. Bonds required ed ib the City shall be in corm fiance with all rel'ev�ant local,state and federal Surety p y g y y p statutes. surety on the bond the name of the surety �e current U. S.Treasury List of Acceptable i To be an acceptable y y s oul e included on th Sureties not listed in Circular y Iperformance Securities o and� d �, must be authorized to o business in eras. cular ��may write e [Circular and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a,surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized, accredited,or trusteed to do business in the State of Texas. Should any surety for the contracted project be deterrmified-uns-atiswfactory 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 $251,0001, payment shall be ,made in one lump sum 30 calendar days after completion and t acceptance of the Work., Cap-9 OWNER'S RIGHT T0 CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in PIP accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may,without prejudice to any y y the site and mane good such deficient appropriate. M1 g ll be other reined hie may have denier deficiencies. In Change Order shall g such case an issued deducting from the payments then or thereafter due the Contractor the cost of coirrecting such deficiencies,including the cost of the Architect's additional services made necessary by such default, neglect or faillure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. . pay y end' s "I� RI'�.T`IE���►N�P�IT'�NT�. The Contractor shall a all royalties and license fees. shall def all surfs or claim i es e for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or,manufacturers is specified„however, if the r t J General Conditions for Facility Construction Lump Sum Contract—l ennett Construction Fort Forth Convention Center arena Meeting Dooms Ceiling Replacement(December 2012 Ir 1 Contractor has reason to believe that the d'esig!n,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-1 I TESTS If the b i Mules, Regulations or Orders of any public authority having Contract loo ants, ��, Ordinances,r � ce jurisdiction require any Work to be inspected,tested or approved,the Contractor shall give the Owner tamely notice of its readiness f' and the date arranged so the architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided,. If after the commencement of the Work, the Owner determines that any work requires special) inspection, testing or approval not included above,the Owner,upon written authorization from the Owner,will instruct the contractor to order such special inspection, g p give p p f such special inspection or testing testing or a royal and the contractor shall eve notice as required in the preceding paragraph.h. I reveals a failure of the""Fork to comply 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 J1011", Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs,and an appropriate Change!Order shall be issued.. The Contractor shall secure certificate of inspection, esting or approval, and three copies will be promptly delivered by him to the t " Owner.The Architect will review the certificates and forward one copy of each with his recommendation(s)to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable,at the source of supply. of the Architect or the Owner in their administration of the Construction Contract nor Neither the observations inspections, tests or Its approvals by persons other than the Contractor shall relieve the Contractor from his obiligations to perform the Fork in accordance with the Contract Documents. ti G-1 2 INTERRUPTION OF EXISTING UTILITIES SERVICES.- The Contractor shall perform the'Fork under this Contract with a ° minimum of outage f ma for all utilities, Interruption shall be b y approved sections of the utility. In some cases the Contractor may be required to perform the"Fork while the existing utility is in service. The existing utility service may be interrupted only when approved by to Owner.When if is necessary to interrupt the exiMi' u-t f fees,the Oontrac�or shall notify the wwner�n wwrfting 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 rminimurm.Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption ay.-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 utill,ity.The amount of time requested by the Contractor of'existing utility services shall)be as approved by the Owner. G-'13 LAYING OwUIT WORK: The Contractor shall verify dimensions, and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work affecteod.i�'perforrned. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor 01s solle expense. ) The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing'work the Contractor shall carefully u I y com p are and ch ec a rc Architectural,ra t ructural , Mechanical an Electrical drawings, each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the,architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense. G-1 4 I EASU EI' EI TS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be o holly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project G-115 .--EXISTING OVERHEAD OR UNDERGROUND ORKa The Contractor shalll.carefully check the site where the project is to be erected and observe "overhead wires and equipr ept. n��u work shall e moved, replaced o .protected, as an existing required,whether or not shown or specified at the Contractor's sole expense, 1, 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.. ALIGNMENT OF JOINTS IN FIN ISH MATERIALS:,LS: It shall be the responsresponsibility of'the Contractor to make certain in the l installation of jointed floor,wall and'ceil'ing materials that:. 11 w 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; General Conditions for Facility Construction Lump Sum Contract Dennett Construction Fort Worth Convention Center Arena)'Meeting Rooms Ceiling Replacement(December 2012) 0!", ifl�I �l 2". 'Place joints to relate'to all opening and breaks in the structure and be symmetrically placed wherever piossible. This includes heating registers, light fixtures,equipment,etc. If because of the non-related sizes of the and locations of openings, etc., it i not possible to accomplish the vacuous materials atu�o above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-1 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate'vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. 1 Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or darmagie the existing work amore than necessary,All!damaged work shall be replaced,repaired and'restored to its original condition at no cost to the Owner. 1% G-1 8 HAZARDOUS II IA'TERIAL C;ERT"IFICA*r10N: It is the intent of the contract documents, whether expressly stated or'not, f that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising; all materials suppliers and subcontractors of this requirement. The Contractor shall' verify that components containing lead do not contact the potable water supply. G--% LOCATION, OF EQUIPMENT AND PIPING: Drawing-,:showving 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 w ely and the relocation determined in a joint conference. The Contractor eld a � � will be rt 1 t for Architect r� lo� en m without � �unu responsible e o the e catinn l c at r ec �s attention immediately p of any items thout fu�rst obtaining the Architect's approval. h"le shall re ems AFF is own expense if so directed b the Architect. r possible, t s pp move and relocate such items at h o p to y tect Where p ble,, uniform margins are to be maintained between parallel lines and/or adjacent wall,floor or ceiling surfaces. 11" G-20 OVERLOADING:ADIN G: The Y shall be responsible for loading of any part or pads of structures beyond their safe rr Contractor shag ontra carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before_th.ey....ha e-attained their permanent and safe strength. _.m ___.._.._... . .mm.. _._ a..._. �giytr C - 1 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, prod ucts, processes, equipment, or the like be installed or applied in accordance w ith manufacturer's instructions,direction or specifications, or words to JAM this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is beguh. G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by empl6yees or as a result of the Work. At completion of work, he General Contractor shall, immediately prior to final inspection of compete building, execute the following ork, 1 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. M 2.. lust all metal and,wood trim and similar finished materials. 3. Clean all cabinets and casework., _ ._.. ..,.o„ 4. Gust all ceilings-and-vwall -:� _ 5. dust,and if necess r wvash,all lymbing and,electrical ixtureses. m� _...... .. _ 1 6. Wash all glass and similar non-resilient materials. 7. All hardware"and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. jp/r 8. The exterior of the building,the grounds, approaches, equipment,sidewalks, streets, etc"shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall I111/111// _, be clean and polished,alll required repair work shall)be completed and'dirt,areas shall be scraped and cleared of weed growth.. g. 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. r; rr General Conditions for Facility Construction Lump Sum Contract- Dennett Construction Fort Worth Convention Center Arena Meeting Roorms.Ceiling replacement(December 2012) f J ,i, 31 101. Cleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required in the Specifications % shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 1'1, '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 compilaints arise due to air-borne durst, or when directed by the Architect,operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE P ROTEurION The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. A Suitable storage space shall be provided)outside the immediate building area for storing flammable materials and paints;no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. fine extinguisher shall be available at each h location where cutting or welding is being performed.'here electric or gas gelding........or ; cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metals..When temporary heating devices are used,a watchman shall be present to cover,periods when other workmen are not on the preen ises. The Contractor shall provide fire extinguishers in accordance with the recommendations and l" PPA (Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. ., PATCHING:, Wherever cutting and removal of portions of the existing work is indicated,such work shall saw b Contractor in a manner that will produce a neat straight line parallel to adjacent surfaces or plumb for ���� � or cut be neatly sawed p g , p 1 p vertical surfaces. Care should be exercised not to damage any work,that is to remain. t no trra.e'hill any stiuctual meraber be--c-Lid oitibut rrwt errs corsetit frorrr the rchitdct. _..._ .. i G-2'6 P'ROJECT"CI'.OSEOUT f=inal Ins ection Record Drawings: Attention is culled to General Conditions Section entitled, Substantial Coen letion and Final Payment". Maintenance I" anual:Sheets shall be 81/2"x 11",except pull out sheets may be neatly folded to 8 2 x 1i 1". 'Ianuals shall!be bound in plaastic covered, 3 ring,loose leaf binder with title of project lettered on front and shall contain: Dame,address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installiing Contractor, manufacturer's local representative,°for each piece of operative equilpment. 3 Catalog data on plumbing fixtures, valves,garter heaters, heating and cooling equipment, temperature control, fan, electrical panels,service entrance equipment and light fixtures. 4 'lanufactureris name,type,color designation for resilient floors,windows,doors,concrete block.,paint,roofing,other materials. Submit six copies of Maintenance Manual,priior to request +or final payment. eraationalm Ins ection and aintenance Instruction:: The Contractor shall provide at his expense, competent manufacturer°s p �. pletely check out alit mechanical and electrical sys e d by the Drawin s and enta ry to com teens n wt rrus covers r res es a e specifications. This requiremeint shall be scheduled s-t-priorµmtoµ nd-,dunng the-iniitial-start upr, after all systems are-.functioning _ properly the representatives shall instruct maintenance personnel of the O er in the proper operation and maintenance of each item.. G-27 GUARANTEE AND IED GbrR, NINEw Upon corrpNetaon of the Pro`ect, prr or to final a y meat, g uarantees requi,red by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to architect.Deliivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one gear. In addition,where separate guarantees,for certain portions of work, aare for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer"s extended warrantees shaall be included in this contract. come vailid and operative and commence a on issue of Inspection and Acceptance by Owner. uarantees s� a � � e p .race of Certificate Guarantees shall not apply to work where damagje is result ref abuse,neglect by Owner or hi.s successors)in interest. The Contractor aagrees to warrant his work and materials provided in accord'aance with this contract and the terms of the Technical Specifications contained erein. Unless supplemented b~y the Technical Specifications or the manufacturer's normal e ttendled General Conditions for Facility Construction Lump Sum Contract Dennett Construction Fort,Worth Convention Center arena eeting Rooms Ceiling,Replacement(December 2012 n r. Warrantees, war materials,,and equipment.against defects for a period of one year from the date of � the contractor shall rant all work mate final acceptance. The Contractor further agrees to hear all costs of' making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of th e Contractor, Contractor further agrees to be ar all cost of epairing and/or replacin dams damaged items and r components to bring each items back to at least their original condition.. G-28 RECORD DRA""Nw l"'"INGS: letion o Upon comp f the work and prior to application for final payment, one print of each of the drawings accompanying this specification y and clearly marked in reds by the Contractor to show variations between the scorn � p shall be neatly construction actually provided and that indicated! or specified in the Contract Documents. The annotated documents shall be � .. iArchitect. here a choice of materials and/or me . verist:' p r M herein and where ions in the scope, o character o the work from uds �� permitted urn the entire work indicated or specified are permitted either by award of bidding sterns specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The p such variations conform standard drafts I representation bona �ha practice and shall include 'u ler'n� � on o s c m to st drafting pp entary notes, agenda and Ef 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. -29 CONSTRUCTION FENCE: At the Contractor's trustioption, lie may provide a substantial chain-link construction fence around f; all or a part of the site. The fences and gates mint be maintained;throughout the construction period.Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition.. G-30 PRODUCT DELIVERY,STORAGE, HANDLING: the Contractor shall handle,store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting daley s thereb y ensuring, highest eat q,ualit y results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site,prior to installation G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the,Specifications or Plans for Owner salvage FIFF shall be carefully emoved and delivered to the Owner at an location in within the City limits as directed b the City. y y y y y g� IAIILIFACTLIREI REFERENCE: Catalo brand narmes, a� m�anufact r s references are.... desdriptive" not 1 ore restrictive. ;Bids on brands of like mature and quality wall be considered. Contractor shall inform the City of any substitutions intended for the project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to __provu.d he-specified material if,awarded the,contract. Within 14,da is,after bid opening-and upon request of the Contractor, the Contractor will submit a full sized,sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. C NTRACT TIME r H-`t DEFINITIONS p Documents for completion of the Work and is the number of calendar Contract of time allotted p / The t T`irrue u�t he date of commencement and the d�' . r l�oc days elapsing between t e rut a to of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner in the Notice to Proceed proceed,i Date o ant of the work is the date established u . If there is no notice to rocs � t shall be r e 1Cat Commencement or such other as may be established therein. the date of the Agree. e h date y s t ere The Gate of,Substantial tCorm Ietion of the''work or designated portion thereof is the bate certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the!Owner may occupy the Work or designated portion thereof'for the use four which it is intended. Final acceptance of the completed work or any portion i thereof-can-be--rmade-only by the Assistant duty Manager,and no other..form-of-a septa uce..w roll be bundurug uapo a the Owner. y y a week,including Sunday,regardless of whether a . ..A Calendar D� constitutes 24 hours of time and is an one of the seven da s of .� Forking Day or root,and regardless of wheat' r any situation which might delay construction.An extension of contract p1 gs weather conditions,o . contra ,ro-, time shall be in accordance with this Section. Extensions of time will be as recommended by the BCM,with final approval by City of Fort Worth. A Working Dew, is de fined as a sale y� t including Saturdays Sundays, g holidays, in which weather or other of work for a continuous calendar day, no an conditions not under the control of the Contractor permit the performance rk eon period of not less than seven p p 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 Clay,Christmas Day,Memorial Clay,and Veteran ts 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. General Conditions for Facility Construction Lump Sum Contract--Gannett Construction Fort worth Convention Center Arena/Meeting Rooms Ceiling Replacement('December 20 12) r. .w. H-3 DELAYS AN Dz EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the work by any act or y y separate contractor employed ne lect of the Owner or the y y"employee r,orb any,��� '� ed b the miner" r: � �of the Owner,Architect,or an ern to � by any separate contractor employed by the Owner, or by changes ordered in the Work,or by labor disputes,fire" unusual delay in,transportation, unavoidable casualties or any causes beyond the Contractors control or by any cause which the Architect then the contract time may be extended Iby Change Order for such reasonable time as - y justify�" � delay, determines n�a uasti the recommended by the Architect and approved by the Owner.,When the Contractor is delayed due to abnormal weather conditions" the weather table provided as -1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. Alll claims for extension,of time shall be made in writing to the Architect no more than fifteen days a,fterlle occurrence of the delay. otherwise they shall be waived. If no schedule or agreement is made stating the p interpretations shall be furnished,then no claim for delay dates upon which written ,f 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 IBC 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 y no claim for . avoidable or unavoidable, and the Contractor rasa that delays be avoud�a will accept ro such d work, whether such hindrances or e�w ma compensation,damages or mitigation of liquidated d�rn �os for any such delays, and ill ac pt'n full satisfaction for delays said extension of time. SECTION I PAYMENTS AND COMPLE"n+ l -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. t- SCI ED-ULE Off" VALUES Baforo the °first Applicable for Payment, the Contraac or sh�1l subrruit �tho Archiitoct a Schedule of Values of the various portions of the Work, including quantities if required l by the Architect" aggregating the total Contract Sum,divided so as to facillitate payments to Sub-contractors,prepared in such form as specified or as the Architect and the %f Contractor may,agree-upon"-_and_supported by such data to substantiate its correctness as.the. rchitect- a,.y-.re uuire. 'E ach 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 Contractors Applications for Payment.. »�� 1_31 ADJUSTMENT OF QUANTITIES I-4 PROGRESS PAYMENTS: On the first day of each month after the first month's,w olrk'has been completed,the Contractor s in writing for reviewer b the p p p will make current estimate y Architect of materials in place complete,and the amount of work erformied 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'Fork but delivered and suitably stored at they . . y site or in,an independent, bonded warehouse such payments shall be conditioned upon submission b the contractor of bills of p py p sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site., A . The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, " ether incorporated in the Project or not,will pass to the Owner,upon the receipt of such payment by the Contractor,free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens and that no'work, materials or,equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the"'Fork at the site or furn�ishing materials and equipment for the Work subject to an agreement under which an interest therein or an .. -u _ .. �.. _.m_. ....._ , encumbrance thereon is-retained-by-the-sell er or otherwise-imposed by the contractor or such-other person. The Contractor shall re are each a' lwcation for payment on AIIA Dyocument X702" ''"Application and certificate for Payment"", and attached thereto AI'A Document G703, "continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item lusted in the Schedule of'values. A copy of the revised monthly work progress schedule mast be attached before the pay request can be accepted. I-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above,the above,the Architect wil'I,with reasonable promptness but not more than,seven days after the receipt of the Application,prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for wvithholdinug a Certificate. The issuance of a Certificate for Payment will constitute a representation by the r,based on the B " observations at the site Owner, C I�JI s ob 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 subsegluent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate),and recommendations to the General Conditions for Facility Construction Lump Sum Contract—l ennett Construction Fort Worth Convention Center Arena Meeting Rooms Ceiling Replacement(December 2012) �1 v Owner that the Contractor be paid in the amount certified. In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor"'s beings 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 p p 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""Forth. For contracts in excess of$400,0010i, the Owner will retain only 5 of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of �f liabillit y in respect to any warranties or responsibiliity for faulty materials or workmanship..The Contractor shall promptly remedy any defects in the"work and a p y for any damage to other work resulting therefrom that shall appear within a period of one y ear from the % date of final acceptance of the work unless a longer period is specified. 1-61 PAYMENTS WITHHELD: The PCM may decline to approve an for Payment and may withhold his Certificate in whole or in part if in his o anion he is unable to make the representations to the Owner as provided in this Section.'The Architect p p p may also decline to a pp rove an y Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1 Defective work not remedied', 2 Claims filled or reasonable evidence indicating probable filing of claims, 3 Failure of the Contractor to make payments properly to Subcontractors,or for labor.,,materials or equipment; ,! 4 Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum, another contractor; ..._. t 6 reasonable indication that the Work will not be completed within the Contract Time;or Unsatisfactory prosecution of the"'Fork by the Contractor.. When such grounds for the refusal of payment are removed, payment„shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, of the Contractor fails to perform the Work in accordance with the specifications. 1-7 NI OT" S E U 1-8 LIQUIDATED TE DAMAGES-. The deduction for liquidated damages shall be as follows; Amount of Contract Liquidated Damages Per Day ,>>w ,,; $15,000,or less $45 1 r/ $1 5,001 to $251000 $6 $25,001 to $50,000 $105 $50,001 to $1 00,000 $154 X00', $100,000 to $5100,000 $21 C r $500,001 to$1,000,000 $315 $1,000,001 to$2,0001,000, $420 $2,0100,0101 to$5,000,000 $030 $5,000,001 to$10,000,000 $840 over$1 ,X00,000 -.� .._..._. Fr!' _ _w. mm. ® . .-. _... ._, .. - the B. should fail to issue an Certificate-for... m. _ _ I-9 F ILURE OF PAYMENT If, without fault on�he part of the Contractor, C� ho a y Payment within seven dais after receipt of the Contractor's Application for f Payment, if the Contractor's Application for Payment, or if,without fault on the part of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 0�0%or 95 (as applicable)of the amount thereof within the period of time specified, there the Contractor may, upon seven (?)days additional written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received. l; I-110 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment,the Contractor must meet all provisions for project Closeout. When the Contractor determines that the Work is substantially complete,the Construction Manager shall inspect the project with the J, Contractor and prepare a"Preliminary Punch Lust". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion(G704)which,when approved by the Caner,shall allow the Contractor to request a f , r General Conditions for Facility Construction Lump Sum Contract Dennett Construction Fort Worth Convention Center Arena Meeting Rooms Ceiling Replacement(December 2012) i m ---Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the responsibilities of the Owner and the Contractor for maintenance, heat., utilities,and insurance,shall set forth the remaining work as a"final punch list". The Contractor shall complete the remaining work listed i therein within 60 calendar days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 4%. r 'Upon completion of the work listed on the final punch list to the satisfaction of the City f Foist Worth,the retannage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, includin submittals a re `thin p � bmittals and final pay request within w the fixed time, the contract time will again commence. Should the Contractor.fail to complete the work within the con-tract duration, r liquidated damages,will be assessed Upon receipt of written notice that the work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor.. The Contractor shalil submit the following items to the City prior to,requesting final payment. 1) Contractor's Affidavit of Payment of Debts and Claims 706) stating that all payrolls, bills for materials and equipment, and � other indebtedness connected with the'work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment(G707),"),if any,to final payment, ) Contract of liens G70 A),and, �u Release Contractor's s Affidavit o e ment or satisfaction of all such obligations,such as receipts,releases,and waivers of liens arising ) Other data establishing pay � p 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 n V; ) Final acceptance by the City of Fort"worth.. lean subcontractor, maternalrnan or laborer refuses to furnish a Con rt actor s ffiiavnf of Release oaf b,nens, the. _i�ntrabto�ir m'a' r�n y ay, at. f „d satisfactory to the Owner to indemnify him against any right Bern which might be the election of the owner, urnnsh a burn ,claim or asserted by such Subcontractor,rnatern'almiian or laborer. If any such right„ claim or lien remnanns unsatisfied after all payments are ale.-The,-Contractor shall refund to the Owner all monies that.the_latter-rnay-,be-..compellled.to pay to.discharging such right, or Bern,including all casts and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. -The Contractors one-year warranty will commence upon final acceptai d .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 bindin g upon the Owner. Final payment and release of the retsinag e amount will become due within fifteen da ys following acceptance. 1-11 FINAL PAYMENT T FOR UN-BONDED DED 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 S AN PROPERTY J-"I SAFETY PRECAUTION'S AND PROGRAM, The Contractor shall be responsible for iniitiating, maintaining and supervising all safety p recautions and programs in connection with the Work.The Contract or shall designate a responsible.ember of..his-organization-at-the,site whose dut shall be the prevention of accidents.T—hnsry elrson-shall be the mm �... . ........m y p �. Contractor's supernntendent unless otherwise designated in writing by the Contractor to,the Architect. J- ......SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for _.... . the safety of, and shall provide all rea§unable protection to prevent damage,injury or Boss to: ' 1) All employees on the"work and all other persons who may be affected thereby; 2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, 1� custodly or control of the Contractor or any of his Subcontractors or Cub-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 General Conditions for Facility Construction Lump Sum Contract Deennett Construction Fort worth Convention Center Arena.Fleeting Rooms Ceiling Replacement(December 2 12) r or from the non-execution of the Work.The Contractor shall rebuild, repair, restore and male 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 t' of persons or property or to protect them from damage, injury . Y he safety p p amage in a or loss. He shall erect and maintain,, asp l' required b he Work, all reasonable safeguards safe an including progress for d pro udin posting existing con. �ions an ro ress � t danger signs and other warnings against hazards, promulgating safety regulations and notifying tech d wncl � p � � � owners and users of adjacent utilities. / p terials or equipment is necessary When the use explosives or other hazardous in a for the execution he Work, the rye f t Contractor shall eorsora storage e a exercise the utmost sere 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,e Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by,him or for whose acts he may be liable,and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. ,;'' The Contractor shall not load or permit any part of the work to be loaded so as to endanger its safety, 1 J-3 HARD HATS: hard bats will be required at all construction sites ii ncluded in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat, ltpThe Contractor shall enforce the wearing of hard hats by C ointractor, employees and visitors. Contractor shall provide ten hand 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 prevent threatened damage, extension of i m i p time claimed by the Contractor on o rev erne e, in�u� or loss. Any additional compensation or account of emergency work,shall be determined as provided in Changes in the Work.. J-5 SAFE,WORK PRACTICE; The Contractor shall employ safe practices in handling materials and equipment used in performing required rI so it- 6r'e lthe safety of his workmen, City employees and tle pu_b_li(c Thee Confr_actbir_shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall. _..... leave the area as-clean-aand_free-of_spot,stains,etc.,as before the work was undertaken.1._.____....__.... J-6 TRENCH SAFETY*" The Contractor all deli ig tor shalll be� responsible f implementation of trench shoring and n and stablilizatio�n to meet r egulatory requirements. If the Proposal requires,the Contractor shall include a ple�r-unit cost for trench safety measures in his bid. If not included in the proposal,the Contractor shall) include a cast for trench safety measures for all trenches over 5 feet in depth in his Schedule of"values. I) 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 he City of Dort'worth nor hall the Contractor ��F) t s 1, allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort worth will be listed as an "additional insured'' on all policies except Worker's Compensation. K-2 WO I ERS CC MiPE,NSATION INSURANCE 1) General f a Contractor's Worker's-�1om p ens ation Insurance. Contractor agrees to provide to the Owner(City) a certificate show ing that it has-obt.aireda-p olio -of-work rs co mp en sa tion insurance covering each o f its-em to ees-em p l oyed on-the-project- in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b Subcontractor's Wort er's-C-om-pensatioln Insurance, Contractor agrees to require each aan'd-e ery-s b-contractor who will perform work he project to provide to it a�certificate from such subcontractor stating that the subcontractor has a policy ,� c r t of workers 1 compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City). c) By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to r®rIlIFF , ' the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or, in the , 71FIrl I -insurance Fegulation.case of a self-insured, with the Texas Worker's Compensation Co minis s �io �, Providin g false or misleadin g information, may subject the Contractor to adiinistrativp enaltie ,�n ninal penalties, civil penalties or other civil actions. f General Conditions for Facility Construction Lump,hum Contract-Kennett Construction Fort Worth Convention Center Arena,Fleeting Rooms Ceiling Replacement(December 2012) 1, r " j. " p" f these provisions�� brae contract b the Contractor which p I breach� con�ntra receipt t ofnnaotn�e the � The Contractor's slur to corn l with'any actor�'��� n he breach within ten s p City to declare the contract volid of the Cont of remedy t of breach from the City. 2 Definitions: "Is a) Certificate of Coverage "certificate" . A copy,of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers"Com,pensatiion Commission, or a coverage agreement TWCC 81, T' CC 2, T' CC 83, or CC- 4 , showering statutory workers" compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. time beginning of the work on the project until the t contractor s/p rs bj Duration of the project. Includes the tw.._ . � fro the be ann on"s work on the project has been completed and accepted)by the City. Persons providing services on the project "subcontractor` in section 406.096)-includes,all persons or entities performing a all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity,or employees of any entity which furnishes persons to provide services on the project. "Services"include, without limitation, providing,, hauling, or delivering equipment or materials, or providing labor, transportation, or' other services related to a project, "'Services" does not include activities unrelated to the project, such as food/beverage vendors,office supply,deliveries,and delivery of portable toilets. It 3 Requirements a) The Contractor shall provide coverage,based on proper reporting of classification codes and.payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all employees of the Contractor providing services of the project,for the duration of the project. b The Contractor must provide a certificate of coverage to the governmental',entity prior to being awarded the contract. % _. __........___ .. c� If the coverage period.shown on the Contractor's current cert�.f_iITc._.a,..t... of coverage ends during the dura_tuo. n.. .of.the p e l __..... _ W.._ .... Contractor must, prior coverage period' file a new certificate of City showering that the p "or to the end of the covera � " coverage with the Can coverage has been extended'. d The Contractor shall obtain from�each,person providing services on a project,.pnd provide to the City: _. _ ..... i) a certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showering 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 proj,ect.;_.... An,. 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,nail 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. 9 The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's i Compensation Commission, p 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, hj The Contractor shall contractually require each person with whom it contracts to provide services on a project,to:. i provide coverage, based an 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 4011.011(44)for all of its employees providing services on the project,for the duration of the project, to the Contractor-prior to-th-at-perso eginrning work-on--the project, a certificate of coverage showering tha - . coverage is being provided for all employees of the person providing services on the project,for the duration of the-_ project, iii): provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showering 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 General Conditions for Facility Construction lump Sum Contract—'Dennett Construction Fort"Forth Convention Center Arena Meeting looms Ceiling replacement(December 2012) �, vii contractually require each person with whom it contracts r to perform, as required by ara ra hs N vii), with the r certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker"s Compensation Coverage f' a) The Contractor shall post a notice on each project site informing all persons providing services oil the project that they are 0 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 pasting 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 hold 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: "'REQUlRED W R1' 'E 'S COMIPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction ro'ect. f g p g p 9 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 I requirement for coverage, to verify whether your employer has provided the re uired coverage,,or to report an ernployerws failure to provide coverage.,' FrI 1 K-3 LIABILITY INSURANCE, The Contractor, shall procure and maintain during the term of this Contract such Liability ,1 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 1 by either of them and the limits of such insurance shall be not less than the following: s 1 Automobile Liability: 1,009,000 each accident or reasonably equivalent split limits for bodily injury and property damage. .__-Coverage- .. _.- ., shall be on any,auto including leased, hnre�d� owned, non o ed end borrowed vehicles used in connection with this Contract. 2) Commercial General Liability. $1,000,000 each occurrence Coverage under the policy shall be as comiprehensive as that in-a current Insurance.Services Office (ISO) policy--forrrn-approved for-use in.Texas and the policy shall have no _- exclusions by endorsement unless such are approved by the City. °' 3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing)Materials, the Contractor,,or subcontractor,performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,999,099 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, -,including p y� operations performed under, this contract in IF in�ludin� environmental impairment associated with the services and o t liabiliit associat L, addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDE R'S RISK INSU[�RANCE: Unless stated otherwise in the Proposal or Invitation, the Contractor shall procure, pay for and maintain at all times during the term of this Contract,Builder's Disk Insurance against the perills of fire, lightning,windstorm, hurricane, hail, riot, explosion,civic commotion,smoke,aircraft,land vehicles,vandalism and maaliicious mischief,at a limit equal to 100%of the Contract Sum. r The policy shall include coverage for materials and supplies while in transit and while toeing stores 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 1, 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 Dort Worth in writing before terminating this insurance. f TROOF OF CARRIAGE F INSURANCE: The Contractor shall provide a certificate of insurance documenting the Transportation and Public Forks Department, City of'Fort"worth as a"Certificate Holder", and noting the specific projects covered ri.ror bye ontractor s nnsuraance as documented on the certificate of insurance ) lore t ah one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the projects). .f K-6 OTHER INSURANCE RELATED REQUIREMENT'S 1") The City of t=ort Worth shall be an additional insured,by endorsement,on all aapplicaaible 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 subcontractors) if�applicable, shall be authorized to do business in the F ow State of Texas,or otherwise approved by the City of Fort Worth,and such shall i be acceptable to the City of Fort Worth insofar r as their financial) strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A."' ll, as, stated in, current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, a less a� favorable rate may be accepted b the City. General-Conditions for Faacil'ity Construction Lump Sum Contract—Dennett Construction Fort Worth Convention Center Arena Fleeting looms Ceiling Replacement(December 2012) Deductible limits on insurance policies and/or self-insured) retentions exceeding $ o,000 require approval of the City of Fort Worth as respects this Contract. M The City f Fort "'worth shalll be notified in writing a mini � � `n the event of � �' "� prior to an insurer's action u minim urn m �� tir-t cancellation, non-renewal or material change in coverage regarding any pollicy providing insurance coverage required in this Contract.. 6 Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. The Contractor shall provide certificates of insurance to the City prior to commencement .._ of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8 The City of Fort Worth shall be entitled, upon request and without incurring expense,to review the insurance policies including endorsements thereto and,at its discretion,to require proof of payment for policy premiums. g The City of Fort"worth shall not be responsible for paying the cost of insurance coverages required herein. J 1 o Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 1 1 Other insurance as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or prograrn maintained by the City of Fort Worth. 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. SECTION'L CHANGES IN THE WORK _ CHANG,E_C RDEl _The.-Owner, without invalidating the Contract, may oirdler-,Changes-in.,,-Ibie—Wjoirk,within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sumo and the Contract Time being adjusted Changes-in the work shall be ,authorised by Change Order, and shall be executed under the applicable accordingly. All such Chan conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Tis ne..The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City,shall the coordinated with the Director, Department of Transportation and Public"works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1: by mutual acceptance of a lump sum property itemized,including,the allowance to Contractor for overhead and profit stipulated in the original contract proposal; all 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 1 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 colt of such work shall then be determined on the basis of the Contractor's reasonable g p indicted in the oiri ina�lcon _ expenditures and savings, including a reasonable allowance for overhead and profit as � - -g tract proposal. In such causes, the Contractor shall keep nd resent, in such form as the Architect shall prescribe, an itemized accounting together 'l P p p g g with appropriate supporting data. Fending final deterrniin tion of cost to the Owner, payments on account shall be made on the Jii Architect's Certificate of Payment as approved by the Owner. he Architect,requests a price proposal from the Contractor for a proposed change in scope yW, of Contract �s he lelln process su.ui � within writing. If after the of the work,,Contractor s a p such proposal ith n 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 au'd price proposal to the Owner for approval. If approval is not recommended, the Architect will attempt to negotiate with Contractor to Ilk revise the proposa figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not " ltoafi result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. General Conditions for Facility Construction lump Sure Contract Dennett Construction Fort Worth Convention Center Arena Meeting Rooms Ceiling Replacement(December 2012 � y �/ fJ 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$25,0001. Normal processing time for th,e City Staff to obtain once the recommended change order has been received at the City, is faun City Council approval, approximately thirty days. Owner and Contractor s endeavor to idea y" as possible to minimize a end identify Change Order items �earl in the Construction process, J' 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 application quantities, of work proposed ,,� will create a�. a li on of the agreed unit prices to the qua wa� hardship n t� changed in theOwrvn proposed Change Order that p applicable unit prices shall be equitably adjusted to prevent such hardship. Owner or the Contractor,,the a If the Contractor claims that additional cost or time is involved)because of(1)any written interpretation issued pursuant to Section A, 2 any order by the Architect or, Owner to stop the Work pursuant to Section 13, where the Contract was not at fault, or ) any written order for a minor,change in the Work,the Contractor shall make such claim. CLAIMS FOR ADDITIONAL N"�AYL COST �~� C , 'TIME: If the Contractor wishes to male a claim for an increase in the Contract.. Sum:, or ain extension in the Contract Tune, he shall give the Architect written notice thereof within a reasonable time after the I ry occurrence of the event a rise im"This sh all be " yen by the Contractor before proceedu n to exe rw cute the Work,ex ce pt in an emergency endangering o r property the Contractor shall in accordance wit h Section J. No such claim shall be valid unless so made. Any .... change in the Contract Sum or Contract. Time resulting from such claim, if approved by the Owner,shall be authorized by Change Order. OVERHEAD � Should any change in the work or extra work be ordered, the following I�I�I � ��� � C E� I� CHANGES.:C � ". applicable percentage shall be added"to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed 'a fifteen percent 15% ft 2. Allowance to the Contr actor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent l to �r V L•4 MINOR CHANGES IN THE WORK: The Archi t ect shall have authority to minor r chap es in the Fork not involving an adjustment in the Contract Sumo or an extension of the Contract Time and not inconsistent with the intent of the Contract ocurnents._,Such changes may be effect ed_b Field rder_or b other written order..*Such chan ges shall be confrr m edin-wr>tr.ngw.br. -.-_ the Architect and shall be binding on the Owner and the Contractor. L-51 FIELD ORPE.RS The Architect may issue written Field Orders which interpret the Contract Documents, or which order I J10011" minor changes in the work without change in Contract sum or-Contract Time. The Contractor shall carry out such Fieldi Orders promptly. SECTION NWI UNCOVERING AND CORRECTION OF WORK '! - UNCOVERING OF�WOO If any,Work should be covered contrary to the request of the Owner,it must be uncovered for IW� 'I IaIC�C �II�I �#� 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 shalt/ be uncovered by the Contractor. If such"'work e found in accordance with ®rrrlpl the Flans and Specifications,the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. a If such work be found not in accordance with the Flans and Specifications,the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner.. M-2 CORRECTION TIO OF WORK:, shall promptly correct all work rejected b the Owner as defective failing y The C n r toys _. _ o t actor or as as to-conform-to the Flans sand Specifications ^whet b�se red-before or after Substantial C�ornpletiona and vwrhether oar not fabr-�caated; � . installed or completed. The Contractor shall bear.all costs of correcting such rejected work, including the cost of the Architect's additional service thereby made necessary�. ........... ..�_ If,within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by f the terms of any applicable special guarantee required by the Contract Documents,ents,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 t . . p h condition, describing he Owner has previously given the Contractor a written acceptance of sic dition d "...bang same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work,under the preceding paragraphs shall) be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. plorp, The Contractor shall bear the cost of making good all work of separate contractors destroyed or daamaged,by such removal or correction. r General Conditions for Facility Construction Lump,Sum Contract -Kennett Construction Fort Worth Convention Center Arena Meeting Rooms Ceiling Replacement(December 012 g written notice from the If the Contractor does not remove such defer or no - reasonable t" . within� r � �� time � w�wri defective non-conforming w�'�rl 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 Cwne m a upon ten additional days' written notice sell after deducting all the costs that should have such work at au thereof, t g p count for the net proceeds " le do not cover all / coon or at private salve and shall ac � architectural services. if such proceeds ��� been borne by including compensation � actor and an appropriate Change Cdr n the Contractor difference shall be charged to the Contractor g der ion costs that the Contractor should have born , the dif nt to cover such amount, Contractor,shall shall be issued. If the payments then or thereafter due the Contractor are not sufficient pay the difference to the Owner., << If the Contractor fails to correct such defective or non-conforming work,the Owner may correct lit in accordance with Section G. g mitation of any obligations imposed upon him The obligation�of the Contractor under this section shall be in addition to and not in li 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 � ill be issued to g Y of requiring its irern oval and correction, in which case a Change Order w � ued reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. Jk SECTION N! TERMINATION OF THE C ONT CST 011 N-1 TERMINATION N B TIME CONTRACTOR: If the work is Mopped for a period of 30 days under an order or any court or other public authority having jurisdiction" through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor"or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section 1,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.. .... ,....... ,.,...,,,. .. ..,,. ,..�., r.,,.,.,.wm...imwew ....... ,,,. ,.. x.x xn� "..,... w.rww.......�.,� ...........�......,.�... i�..,nii+ww,wxx. ,,w.n..,r. _. ...,..,rn....�.�.u...�--....a.e ........r��.......,.... 4., ,..rn.,� ... _m _N- TERMINATION I�1C TC�E C�'1�11'NEI� If the Contract i �jud'g cis ban rup,or�f Ise rr�aa e a�geruerel aeau�nr sent for the ._ �.. benefit of his creditors, or if a receiver is appointed on account of his insolvency, of i except in cases. or refuses, � es for , pp y the Contract. which extension of time is provided, to supply enough properly skilled workmen or proper rnateriials, or of he fails to make prompt ...... .payr ent to Subcontractors or for materials or(labor" or fails to_com l 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 days'written notice, terminate the employment of the Contractor and take possession of the site and of alll material's,equi,piment,tools,construction equipment and machinery thereon owned by the Contractor and may finish,the work by whatever method he may deem expedient. In such case the Contractor shall) not be'entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architects 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 well 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: aa) ,Stop work under the Contract on the date and to the extent specified on the notice of term irnaation. Ib) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c Terminate all orders and subcontracts to the extent that they irelate to the performance of the work terminated l by the notice of �.....__... _.... _ ..... �_u._ w w 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 shaalll not exceed the total p r portion contract race as reduced b the �J. 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 clue 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 a allowaability 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 Dort Worth,1 and the decision by the City Council of the City of Fort Forth shall be final and binding upon all parties to this contract SECTION(01 SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications,for"Project Designation Signs.""This sign shall be a part of this Contract and shall be included in the Contractor's Base Sid for the project. General Conditions for Facility Construction Lump Sum Contract--D,en,niett Construction Fort Worth Convention Center Arena Meeting Roloms Ceiling Replacement(December 2012 1" SECTION P TEMPORARY FACILITIES P'-1 all furnish erect:, and maintain facilities and perform r re +� The Contractor shall orr�n ternpora work re ui din the performance of this Contract,including those shown and specified. P-2 USE CAF" TEMPORARY FACILITIES:_ litres shall be made avail for use by all workmen and ec to t reasonable temporary facilities, available� a . subcontractors employed ed o�n the project, subs e d�rect�ons �� the Contractor as to their proper and most effucuent OFF, utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and i i l 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. f ora not required to provide temporary ld office or telephone for protects - FIE OFFICES I���I�I��: The Contractor�� required �e under$1,0100,000. Contractor shall equip the Protect Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field offce building for himself, his subcontractors and use b the Architect. For construction contracts with a hid rice in excess of$1' Coo C�oo.00 the Contractor shall provide a separate City's t y field representative but the separate office may be in the same structure). The buildings hall afford� against for the t p � p �" � protection ga nst the weather, and each office shall have a lockable door,at least one windloww,adequate electrical outlets and lighting,and a shelf large enough to accommodate the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the fulfil time orn�mo ate perusal o " durin g the operation oft e l wor o the During months,, the field of ices shall be suitably insulated and .equipped w ith a heating device to maintain 70 degree Fahrenheit temperature during the workday. During warm weather they offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall re,rnove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office:one deck,four chairs, plan rack and a four drawer filing cabinet with lock). Each office shall contain not less than 120 square feet of floor space.. The Contractors alf provide and rnair to n storage sheds other temporary buildings or traNlers on the project site as require fir I'is use.Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed,or as directed. J,tir IF P-5 _TELEPHONE_.....mThe-,Contractor shall provide and pay for telephone instaIlation-and service-lia_thae..._feld.offices described,r above.Service shall be maintained for the duration of operations under this contract.The Contractor shal''l 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 Mines and instruments for the City and the Contractor. P-6 TOILET FACILITIES:II ITIES:: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the projector _ t P-7 UTILITIES: Contractor shall il make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tapl into the utilities. lines The Contractor shall make the connections and extend the service lines to,the or use of construction area f all . % trades. Upon completion of the work all utility s shalil be removed and repairs made to the existing lines. Only utilities at existing voltages,pressures„frequencies,etc.will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on g Pipe water from the source of supply p be required. Provide sufficient Dose to carry water the Drawings. Pr a points were water I 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 produice,re uiired pressures. ec r is Service. Provide adequate electric service for power and lig ht in g o a p o�n s where required. Temporary,electric service r r shall be of sufficient cap���-a d�haracter�st�� to supply,proper current for various types of constfiuct�or� t wols, 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.e tensi ill- ach all work requiring light or power. ion cords will re� e Li htin . Supply and maintain temporary lighting so that work of all trades may be properly and safer pp y g � g� p p y "performed, in such areas and P y l% at such time that day-lighting is inadelquate. Provide at least 0.75, watts of incandescent lighting p er s u r4e foot and maintain a. socket voltage of at least 110 volts. Use at least 1 00-watt lamps. In any event, the lighting intensity shall not be less than 5 foot rIF/F F candles in the vicinity of work and traffic areas. P"8 HEATING Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation,fuel' and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such p work. In addition,the Contractor shall heating,ventilation and services shall be provided and maintained until final acceptance of all w , 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. General Conditions for Facility Construction Lump Slum Contract Dennett Construction Fort Worth Convention Center Arena Meeting Rooms Ceiling Replacement December 2012) i b From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. 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 heat to produce a temperature of not less than 60 F. 9 TEMPORARY C ONSTRU'CTIONI EQUIPMENT AND PROTECTION:� The Contractor shall provide, maintain, and remove upon completion of the work all temporary' ri ggin�� scaffolding, hoisting equipment, rubbish chutes, ladders to roof, %,. barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub contractors. The Contractor,shall provide, maintain, and remove upon completion of the work,or sooner, if authorized by the Owner, all fences, / barricades, (lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. All temporary construction and equipment shall conform to all regulations, ordinances lags and tithe em r repair ie nts of the authorities having juirisdiction,includling insurance companies,with regards to safety precautions,operation and fire hazard. y , The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage,rainfall,drainage of broken Hines. The Contractor shalil maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Co provide and maintain all barricades or enclosures, required to protect the work in progress from outside Contractor shall p q � g elements, dusts, and l ether 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. 10 PROJECT BULLETIN BOARD: The shalll furnish install an maintain dur' d ing the life of project Bather- Contractor the ro ect tight bulletin board approximately 3 feet high by 5 feet aide having not less than two hinged or sliding glass doors with provisions for locking. The bulletin b oa d shall be-mounted-where-and-as a pp roved by the wn r Jn a prominent p l ace a ccessn b l e_to_employees_._a 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 hire upon completion of the Contract work, The following 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 tunes for the duration of the Contract. a. The Equal Opportunity oste(and Notice kon iscriminatior of Employment standard Form 38). b.. Wage Date Information Poster(Forte SCL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. C. Safety Posters. SECTION Q a VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas.. J. e General Conditions for Facility Construction Lump Sum Contract—l ennett Construction Fort Worth Convention Center Arena))Meeting Rooms,Ceiling Replacement(December 201(2) ±'r��F= t. CITY of FORT FORTH, TEXAS gm CONSTRUCTION CONTRACT THE STATE of TEXAS COUNITY OF TARRANT KNOW ALL BY THESE PRESENTS.- This agroom ant mado and ontorod into this the 11 th day of D000m Meer A.D., 2012 , by an Irk between the CITE" of FORT WORTH, a �rmunioipal corporation of Tarrant County, Toxas, organized and existing under and by virtue of a special charter adopted by the q,ualifiled voters within said City on the 11th day of December, A.D. 1924, under the authority(nested in said voters by the `'Homo Rule" provision) of the Constitution of Faxes, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, hereinafter called OWNER, and Scott Dennott Constructio of the Cite of Fort Worth County of Tarrant, State of hereinafter called CONTRACTOR. WITNESSETH That for and in consideration of the ayrr ents and agreements hereinafter mentioned to be rude and performed' by the owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and com" plete the construction of certain improvements described as follows. Replacement of the Arena Meeting Rooms Ceilings in,the Fort Worth Convention Center 1201 Houston Street Fort"'worth, Texan Project Dory T 'x"2012-11 11 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the l' City Council of the City of Fort Worth, which Flans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if mitten herein. The contractor hereby agrees and binds hirmself to commence the construction of said wort within ten (1,0 days after being notified in writing to do so by the owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the F aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof, Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon, total contract amount shall be $466,074.00 and includes the base bid and l alternates. Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 90 calendar days. o Insurance Requirements.- The Contractor shall not commence work under this contract until it has, obtained all insurance required under the Contract Documents,, and such insurance has been Pero approved by the Owner. The Contractor shall be responsible for delivering to the Owner the sub contractors" certificates of insurance for approval. The Contractor shall indicate on its certificate of in�suran+ce included in the documents for execution whether or not its i, u r Replacement of the Arena Meeting Roomy Ceilings in the For Worth,Convention Gamer a August 2012 Il% insurance covers subcontract or Its the intention of the owner that the insurance coverage required herein shall include the coverage of all subcontractors WORKER'S''S Co PENSATION INSURANCE: Statutory limits Employer's liability y $100,0100 disease each em ployee 0 $500,000 disease policy,limit $1 00,000 each accident b COMMERCIAL L GENERAL LIABILITY INSURANCE-, The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a. Commercial General Liability insurance policy to corer bodily injury, including death, and property damage at th, e following limits*. $1,000,000 each occurrence and $2,000,0,00 aggregate limit. a The insurance shall be provided on a project specific basis and shall be endorsed accordingly. a The insuirance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. ... w.___ �.� w .._ _ ...... _ .... _......... _�... . ._...___.. BUSINESS AUTOMOBILE LIABILITY: $1,QQU.Q,O each accident _ _......—-----------The policy shall cover any auto used in the course of the project d BUILDER'S RISK OR, INSTALLATION FLOATER-., This insurance shall be applicable according to the risks associated with-- , the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA $1 00!0,000 each occurrence; $2,000,000 aggregate limit. This insurance shall provide excess coverage over each lire of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAT : The insurance required N .._ under the above paragraphs shall provmd-e�deguate protection for the Contractor, and Jts . m„... .._._... subcontractor, respectively, against dan" age claims which ma arise from operations under this conutraact, wh ether such open-atro s be, by the insured or by anyone directly r indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. f. PROOF of CARRIAGE OF INSURANCE: The Contractor shall furnish the owner yf with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The forma to be used shall be the current Accord certificate of insurance form or such other form as the Owner, may in its sole discretion deem acceptable. All insurance requirements made ulpon the l Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. Replacement of the Arena Meeting Rooms Ceilings in the Fort Worth Convention Center August 2012 f 1 riis ADDITIONAL INSURANCE REQUIREMENTS- -r o. l� o visor its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies, excepting employer 11 s, liability f% insurance coverage under Contractor"s workers' compensation insurance policy" b Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1 000 Throc rnorton 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 l 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- a °ment�of premium. e. Insurers must be authorized to do business in the ,State of Texas and have a Y current A. hest rating of ,�J'"I I or equivalent measure of financial strength and solvency. 7i% " ___ ._..........._ .. .. ....,.µ.�.n._.w... ,f .. �du�t�bl limits r self-funded retention I rn t , r � 1 polio must not-exceed __... 10,000., per ogcu rr nce uu n l!ess otherwise approved by the Owner. _.__ . ... �q..... In lieu of traditional insurance, Owner--m-ay-consider-alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner roust ' approve in writing any alternative coverage. qtr h. `''workers' compensation insurance policy(s) cove rinq_ernployeos, empl!oyed on the project shall be endorsed with o ~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. r I � Contractor's s insurance policies ivies � a each 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_..... ... __.. vF project, Contractor s o report, in a .ti a.e, l. _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 resin... in a property loss. 1. Contractor's liability shall not be limited to the specified amounts of insurance i required heroin. rms/1111 M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. Bond in the full �I�, % If this contract is in excess of 25 the Contractor shall provide a� Payment . amount of the contract. If the contract is in excess of $100,000 Contractor shall provide bath Payment and Performance Bonds for the full amount of the contract. Contractor shall, ap,p'l�y for r..9 rr Y i Replacement of the Arens.Meeting Roams Ceilings in the Fort Worth Convention Center August 2012 l Al all..... City of (Fort Forth Permits and for any Other,permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will he 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 stipulat ed, plus any additional time alll'o,wad as provided in the General Conditions, there shall he deducted from any monies due or which may thereafter become e dine him, the liquidated damages outlined lip 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 Cite of Fort Worth has caused this instrument to he signed in four 1 counterparts in its name and are 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 ire four counterparts with its corporate seal attached. Done in FortWorth, Texas, this the dray of Atkaf A.D. onAqto, 0 By: APPROVED: Scott Dennett President &IF0 'ry 0 0 Fernando Costa 1%0 Nssistant City Manager, OA � 0 �" 000000 Ay 0`19* Dk J!. lea eu las . �'lersi g P.E.I�.E. � Transportation and Public W rl City Secretary M AND LEGALITY: M'&C : C-26000 ry December 1132012 yo- Grate D u W. Black Assistant City Attorney OFFICIAL RECOR °y SECRETARY CITY FTv WORTH,TX oil Replacement of the Arena Meeting Rooms Ceilings in the Fort Wortli Convention Center August 2012 i PERFORMANCE BOND in ~ 36 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNT"" OFTARRANT That we, t Scott Dennett Construction C , as Principal herein, and Sure ec Insurance CoTpany a corporation organized under the laws of the State of(3)' Texas , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are hold and firmly hound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Four Hundred Sixt hclusa�nd Seventy-Four Dollars .' 66,074.001 for the payment of which Burn we bind ourselves,lees, ouar heirs, executors, administrators, successors and assigns,,jointly and sevlerallly,firmly by these presents. IH!E REAS, Principal has entered 1hto e certain written contract with the ObIligee d af66 the 11 th bey of December, 2012„ a copy of which is attached hereto and, made a part hereof for all purposes, for the renovation of the Re rrent of the Arena Meeting Rooms Ceilincis in the Fort Worth Convention Center TPW 20 1 2-11 t„ NOW, THEREFORE, the condition of this ohli tuvon is such, K the said Principal shell faithfully perform the work in accordance with the playas, specifications, and contract documents and shall fully Inder nif ° and hold harmless the hll ee from all costs and damages which lig e may suffer by reason of Principal's,default, and reimburse and repay Obligee for all outlay and expense that Obligee may incur in making good such default, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER,: that this bond is executed pursuant to Chapter 2253 of the ', Texas Government Code, as amended, and all liabilities on this bond shall be de termined in accordance with the provisions of such statute, to the same extent as cif it were copied at length herein. f; (The,remainder of this page intentionally left blanl Mill OP IN WITNESS WHEREOF, the duly authorized representatives f the Principal and the Surety have executed this instrlmlent. Replacement of the Arena Meeting Rooms Ceilings in the Fort Worth Convention Center August 2012 l x I� 1 a IN WITNESS WHEREOF, t duly authorized representatives of the Principal and the.. . Surety have executed this instrument. SIGNED and SEALED this 10th day of January 2 M 00' PiRINC A 0u Scott D;e stru�ctron, L re ATTEST: I Name; t ��) (Principal) Speretar! Titl "(8E-A Q M, .. . address 2313 Cullen Street . Foirt Worth Texas 76107 C _ _ ...,-i,wr�,++wr.�x�.«...wwr.r_r.,«s x.,. ■.,... . d§t6 r"r e tr 000� ..Sure �..._ ., u � SR 0 /01,10T L Gin,gras Secretary At,�trn in Fact I' (S EA L) Address, 500 West 13th Street � �.r Fort Worth, TX 76,1 , Witness as to SAty Telephone Number. 8001-728-2374 374 NOTE (11) Correct name of Princl Coin,tractor) PA (4) Correct name of Sure (5) ,State of incorporation: of Surety Telephone number of surety must be stated. In addition, an original copy of Pro Power of Attorney shall be attached to Bond by the Attorney-In-Fact. The date of bond shall not be prior to date of r ract. I Replacement f the Axena Meeting Roorns Ceilings to the Fort Woi-ai Convention Comer ,august 2012 f ff, PIP PAYMENT BOND Band #4388768 THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY That we, Scott Dennett Construction LC as Pdncipal herein, and 2 Su eTec Insurance Coin an nc r arctic �r organized and exlstinu under the I'��� � � ��" 3 as surety, are e firr�l bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties Texas, Obligee herein, in the amount of t=our Hundred Srxt -Six Thou�and S ren l nu Dollars for the payment whereof, the said Principal and Surety 'hire themselves and their heirs, executors, administrators, successors and assigns, j'alntly and severally,firmly by these presents: WHEREAS'.'the Principal has entered into a certain written' "contract with the Obligee datedtheilth day,of Dece 02012 , which contract is hereby referred to and made +a part hereof as it fully and to the seine extent as if pi+ at length, for the following project. Re.pla ment of the Areas Meeting Rooms Ceilings s in the Fort Worth Conventions Center TP 2'0'12- '"1 NOW, THEREFORE, THE CONDITION F THIS OBLIGATION IS SUCH, that if the saa d Principal shall falithfully make payment to each and every claim nt as defined in Chapter 22531 Texas Government Code, as amended supplying labor or, materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the PIP Texas Government Cade, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if It were copied at length herein. fl IF (The remainder of this eagle intentionally left blank) FW �f fw r �� Replacement of the Arena.Meeting Rooms Ceilings in the Fart Worth Convention Center August 2012 H1 y n nnµ IN ESQ WHEREOF,, the duly authorized r6piresentatives of the r nc the Surety have execu,ted this Instrument, PIP SIGNED and i E LED this 10,th day of January 2 0m iP PRINCI Scott nne�t onstruction,1 LC ATTEST. By: tt C �@ M Name: Scott Dennett (Principal) Secretary Title.- President S E A T Andress-, 2311I3 Cullen, Street ry Fort Worth, I.ex,a:s 76107 elll� 1A I w 15" an e CoT2,�nj SUR I arn - Tracy L Gnra Secretary Attorney 'in Fact (S E� � 'r � 500 West 13th Street Fort Worth_, TX, 7602 40., itnless as to Surej Telephone Newer: 800-728-2374 l -N. a _. .� r� ��t of rincip� l� m rtur (2 Correct name or Surety. (3-I ii State of'incorporation of Surety Telephone number of surety must be stand. In addition, an original copy f Power tt r ey shall be attached to and by the Attorney-In-Fact. The date of bond „shall not be prior to date of Contract. PIR It Replacement of the Arena Meet Rooms Ceilings in f:ie Fort Worth Conveli Center 9', August 2 t 2 PIP rr PO A#: 4221178 Nureli ec Insurance LIMITED POWER O'F ATTORNEY Kow All Men b These .presents That RETE INSURANCE„� �� COMPANY e "Company"), a corporation duly organized and existing under the laws the State of Texas, and having its principal Houston, Harris County, Texas, does these presents male,constitute and appoint Kyra M. Reed,Tracy L.Gin res, Linda W.Sinku Gary B.McElroy its true and lawful Attorney-in-fact,with full poorer and authority hereby conferred in its name, place and stead,to execute, acknowledge d deliver n and all bonds reco nizances undertakings, or other 'Instruments or contracts `s t � � � � � suretyship include waivers to the conditions of contracts and consents of surety for: Erne Million and 00/100(dollars($5,000,000.00 d to bind the Company thereby as fully and to the same extent as if such bond were signed by the president, sealed with the corporate seal of the Company and duly attested by its Secretary, hereby ratifying and confirming all that the said Attorney-m-Fact may do inn the premises. Said aplpcamtment sha 1 continue in force unt l �����l�e�� and is made under and by authority of the following resolutions of the Board of Directors of the SureTec insurance Company Be it Resolved, that the President,any 'ice-President,any Assistant Vice-President, any Secretary,or any,Assistant Secretary shall be and is hereby vested with full power and authority to appoint any one or more suitable persons as Attorney s -in-Fact to represent and act for and on behalf of the Company subject to the following provisions; A ttorney n-F"aet may be given full power and authority for and in the name of and of behalf of the Company, to execute, acknowledge and w deliver,any and all bonds,recognrzances,contracts,agreements or indemnity and other conditional or obligatory undertakings and any and all notices and. documents canceling or terminating the Company�s liability thereunder, d any such Instruments so executed. by am such ' c Attorney-in-Fact shall be binding upon the Company a if signed b the President and � � p p y � y sealed and etf"ected by the corporate Secret Be it Resolved, that the signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any peer of attorney or any ccrtificate relating thereto by facsimile,and any power of attorney or certificate bearing;facsimile signature or facsimile seal shall be valid d binding upon the Company with respect to any bond or undertaking to which it is attached. (Adopted at a meeting held"can 'h of April, 1999.) In Witness Whereof SURETEC INSURANCE COMPANY has caused these presents to be signed by its president,and its corporate seal to be hereto affixed this 3rd day of September,A.D.2010" � T �S E :SAN ' John KO Jr., rresicrent r State of Texas ss: ► �"" County of Harris .,•" '` »mn� ' On,this 3rd day of September,A.D.20 10 before me personally carne John Knox Jr.,to me known,who,being by nee duly sworn,did depose and say,that in Houston,Texas that he is President of Sly TES`INSURANCE COMPANY, the company described in and which executed the above he resides � p y ,r r said _ said " M affixed rder f the instrurr�ent that he knows e seal of said�'ornpany,that the seal affixed to card'rnstrrrrrent is such corporate seal,that it was so affi by o 0 Board of Directors of said Company;and that he signed his name thereto by like order, JACQUELYN MALDONADO ilia " P Milo State of Texas' lJ P Notary � ayes rcq elyn a1�do ado Notary�"�ul�ltc May l 8, 2 l n ex " es may 18,2013 comma stone 1,M. Brent Beaty,Assistant Secretary of SURETEC INSURANCE COMPANY,do hereby certify that the above and foregoing is a true and correct copy id Company, which i. still in full force and effect;and furthermore the resolutions of the Board of Directors, set of a Power of Attorney,executed by sa p y, out in the Power of Attorney are in full force and effect. Given under my hand and the seal of said Company at Houston, Texas this 10th da,y of January 20 13 AND. iPP M.Brent peaty,Asslstant Secretary r s "as penalty is totally void and without any validity. r • o �e anal Mated above r � �" � �,� m CST. rrrerrt issued in e� 1'th Any lr��tru� o� _ rr� ��day �t� �r�� � ,am,ar�d��.� � For verification of the authority of thle. power your may call(713)81�0� 0 any bus y p r; !, SureTecIns-urance C,ompany THIS BOND RIDER CONTAINS IMPORTANT E GE INFORMATION ,Statutory Complaint Notice To obtain information or make a ors plaint: You may call the Surety's toll tree telephone num,,der for information oir to make a complaint at- 1-866-732-0099, You may also write to the Surety at: SureTec Insurance Company 9737 Great Wis Tr i,l, Suite 320 Austin, Tx 78759 You may contact the Texas Department of Insurance to obtain in ormation on companies, coverage, rights or complaints at -800-252-3439. You may write the Texas Department of Insurance at O Box 149104 Austin, TAX 7871 4-91014 Fa X#,: 512-475-1771 PREMIUM OR CLAIM DISPUTES: Should you, have a dispute concerning your premium or about a claim, you should dff contact the Surety first If the dispute is net resolved, you may contact the Texas Department of Insurance. 'Terrorism Risks Exclusion The Bond to which this Rider is attached does not provide coverage:for, and the surety shall net he liable for, losses caused by acts of terrorism, riot,, civil insurrection, or acts of war,. 1 �f Exclusion of Liability for ol,d The Bond to which this Rider is attached does noit provide coverage for, and the surety thereon shall' not be liable for, molds, liming or dead fungi, bacteria, allergens, histamines, spares, h phae, or r yooto ins, or their related products or parts, nor for any,environmental hazards, die-hazards, hazard us materials, environmental spills, contamination, or cleanup, nor the rernediation thereof, nor the consequences to persons, property, or the performance of the bonded obligations, of the occurrence, existence, or appearance thereof, r r h f Rev, 1 1 l 41 r ACCORD DATE IMI�NIrII��I CERTIFICATE OF I ABILITY INSU NCE 1/2&m2013 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION TION !r NLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT EE EEN THE ISSUING INSURER(S), AUTHORIZED ORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. II IP RTANT m, It the certificate holder is an ADDITIONAL INSURED,the pol,Icy(iaa)must be endorsed., It SU''BROGATICIN IS WAIVED,subject to the terms and CC ndIt C na rat the policy,certainty policies may require an endorsement. A statement on this certificate does not confer rights to the c rtl ' ate holder in lieu of such endorsement PRODUCER CONTACT PHONE . Higginbotham&Associates Inc. NE � �r E-MAIL d FortWorth T 76102 AI�v� E �. IIvNSIJ!EB 4AI~FC3R2M COVERAGE NAII # INSURNER A: �. �+ M _.�... INSURED INSURER B: xaS u. Scott Den,neft Construction LC INSURER C,D—eposi Q.s%iga -ce Cullen Street Fart Worth TX 76107 _..��sL� ER���h��'�1�.�1 --INSURER E ,. INSURER E COVERAGES CERTIFICATE NI�MBER 1323950591 REVISION I+IIUI BIER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NIA"!w ED ABOVE FAIR THE POLICY PERIOD INDICATED,,, NCB THSTANIDING ANY REQUIREMENT,TERM OR CONDITION ITION C F ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUE D OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THEY TERMS, ,r EXCLUSIONS AND CONDITIONS OF SUCH,POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE ICE INSURANCE ' DDL Smm. POLICY NUMBER ItiINIIALIC EF POLICY EXP �... RR '�? ��� LIMITS LTR INSR IWD ffM MMfU �.. ENTERAL LIABILITY ACPGLD072141923633 130112012 4/3012013 EACH OCCURRENCE $1,000,0010 ACS PC��T I" TED COMMERCIAL GENERAL LIABILITY �PREMISES(Ea ourrenge $100,000 CLAIMS-MADE 7X ,1 OCCLII M EIS ESP(Any one person) $1 0 01CI 1000 PERSONAL&AD'S INJURE ....mm $1,000,000 m. r � GENERAL AGGREGATE $2,000 OOP r L..AGGREGATE' GRECaATE L,NC'rrIIT AIP'L.N'E'9 PER: I I'RIOIL9C:TE_COMPIOP ACC $2,0I0,000 A AUTOMOBILE LIABILITY ACPBAA721,4923633 130/2012 4/3012013 13 Ee accident) $1,000,0100 „r ANAY'AUTO BODILY INJURY(Per person) ALL,OWNED SCHEDULED BODILY INJURY(Per accident) AUTOS AUTOS Ix NON-OWNED PROPERTY DA,MAGE i II I Pe r accident) 1-IIE�EI�AUTO AUTOS i w I ACPGAD7214923633 /30/2012 130/201 UMBRELLA LIMN I OCCUR OCCURRENCE $5,000,000 EXCESS LIANA CLAIMS-MADE I AGG EGATE $S,U00J ,000 —7—D ED I ETENTION, WORKERS CCIMPENSATIC�NN'� SF0001220596 1412131'2 1412013 1 �STATU- C�T�N-; t AND EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE j,,1 I NIA I,L.EACH ACCIDENT T $1,000„ CIQ� CI �.. F'FIC.ER IMEM CA EI EXCLUDED? UDED? (Mandatory In NH) E.L.DISEASE-EA EMPLOYEE,X1,000,000 1„ If yes,describe under DESCRIPTION OF OPERATIONS below E.L.DISEASE -r'C)L.NC�Y LIMIT $1,990 000 i Builder RIs IH 8755869 6 112`2012 11212013 Art Crave l cation $5,000,000i Deductible:$2,5010 Per disaster $5,000,0001 Leased/Rented$100,000 Transit $100,000 DESCRIPTION CE OPERATIONS 1 LOCATIONS 1 VEHICLES (Attach Rs 101,Additional Remarks Schedule,If more space Is required) l Richard Garvey, Secretary/Treasurer, Is excluded on Workers Compensation,Polio 3111 Liability ��� I ICS additional,insured endorsement,that provides additional WOF The� .. , General�.Ial3lll and aL�t�rnc� InCIL�das�a plan at a.I�rrla tl E311C includes a blanket waiver subrogation Insured status and General Liability,Automobile Liability and Workers Compensation green the named insured and the certificate holder that requires, endorsement,to the..certificate holder and w�Iarl there is a�written contract he such status. See,attached... fr CERTIFICATE HOLDEN CAN+�EI. TI ON SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 'DATE THEREOF, NOTICE 'Ma111'ILL DINE DELIVERED IN City of Fart Forth ACCORDANCE WITH TIME(POLICY PROVISIONS. 1000 Throck morton Fort Worth TX 76102-0000 AUTHORIZED REPRESENTATIVE 'E AP I r r C 1988-2010 AC RD CORPORATION. All,rights reserved. ACORC 25 2010/05) The ACO C nanN'r+e and logo are registe red marks of ACORD iu r r 1 jj AGENCY CUSTOMER ID): LOC�M w ACCIIJ?" ADDITIONAL REMARKS SCHEDULE Page 1 of AGENCY NAMED INSURED Higginbotham ginbotha Associates Inc. Scott Deennett Construction LC 2313 Cullen Street %` POLI Y NUMBED Fort Worth TX 76 107 CARRIER NAIL CODE EFFECTIVE DATE: ADDITIONAL NAL E ARKS THIS ADDITIONAL REMARKS FORM IS,A SCHEDULE TO ACORD FORM, NUMBER: 2� FORM TITLE: CERTIFICATE F LIABILITY The General Liablilit l cy has a bilan,ket Primary&No,n Contributor y endorsement that affords that coverage to,certificate holders only h , where there is a wriften contract,between the Named Insured and the certificate holder that requires such status. f Umbrella is follow form. Certificate Holder is insured as noted above and complete to read, City of Fort Worth, its' Officers, Employees and Volunteers. t P lin Number.A P AA 2 49 3+ 3 is a Commercial Auto Policy. The general liability, auto liability and workers compensation policies include an endorsement providing that[3 0]days' notice of cancellation will be furnished to the certificate holder PIP r l �+ CI"I �I D D 1 2008 ArCORD CORPORATION. All rights reserved. The A CORDY name and logo are registered marks of A COO FR POP CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW ursQant to Texas Labor Code Sect ors 406.096(a), as amended, Contractor certifies that It r6vi es worker's compensation it surance coverage for all of its employees employed on City u4 Contractor further cer 1 ies tat, pursuant to Texas Labor Code,Sermon 406.096(b),as amend , it will provide to City fts subcontractor's certificates, of oompliance with corker's oor p nsafio Scott Den nett, Construction, L C ; Scott Dennett VV�IIyyII COMPANY PLEASE P I 14T 23130 le .S eep ^+y���I � ADDRESS n u Fort TX 76107 TITLE: President CITY/ST EIZ (PLEASE R T .. THE si"FATE OF TEXAS n C a� O FTARRAN BEFORE ME, THE n UNDERSIGNED AUTHORITY',_PN THIS DAY ERA NAB 'Y PP RED Scott Dennett KNQWN T E BE THE PERSON WHOSE NAME' IS SUBSCRIBED T THE FOREGOING INSTRUMENT, AND ACKNOWLEDGED TO ME THAT H�iJSHE EXECUTED THE SAME, AS n . THE ACT AND DEED O Scat Dennett Construction, LC� FOB THE PURPOSES AND CONSIDERATION THEREIN EXPRESSED AND IN THE CAPACITY THEREIN STATED. n w Gl�EN UNDER M HAND AND SEAL OF OFFICE THIS 9th DAB OF Jar 2,013 NOTAR TUBUC-fN AND F--�' R�'HE,,t�TE OF TEXAS— a • , r, Public, �. � � f Texas tit ion E h r s 2 4 "' August 21 OF