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Home My WebLink AboutContract 44321 �w �n w i r Y i i I � I I r i re , I ills Aft SAli oil Oak l M �1,"rafr�,r„ F f�✓ ,i✓M,�r r r,��',F w�/,.r,-f+c�, f ✓m;~n/,:r�r>yud�i JYr"6,�",', r��°�i��-r ,a!Wo�/, (i�"Y,"✓r�rl a ri; i1'i�',.,rrll�,. I I I I I I nw I I 1w 1w I will qi iI I - pM �yMw. yy,No if oil 0 4W w 40' oi ow 10 lob Y �I I �. I III u A&A I 1w w 40 lop IF low ew rM w i6 I III r II r i i i I I I I I I i f i I Ab Ong WA lw ok ERN M �2 r» �<r 3:# \�� yy �\&«©/�■2£»` \/\\^- le»� /�\\ �� ®�� < ^ ?2y\�^»■� \/&�#4\� � �~ � � � �� MIND ND 111111111111111 m 111 ° ( 'migh �VYII y c C> CL rl_ LO ar+. co " 0) CV �" La Mill)' - CO It ZO C)i w CD 11 M P- CD CO Lni mu 10 600 10 Ck 1' O, Ol CD 0 j; i o m � U L 4) M «. � m N (Al E (D x 0 � `�,;;, . ''l Vii. 0' �N I CD C) m ca r' cn �I 0 "j U- E pR f 0 0 C) 0 CD %W C C> 0' E. C6 0 CD / u '"' 1" -6 co " ""t (01 al r- r Cx �' � Lom im 0 > 4) W M N'i (0, LO W U) _. T Ol M ' " r; i CL � E C4 0 c COI O u F CD N - � N f r Oil IlI "" rw .� - �' 0 (.0 11 0 co a m 0 CL rirrmpz) C14 C� c wi Ill t 8 uu o ' L 0 L . � Ln'Ol C p w r.. D M N a Q ca O (.5 r* T- Q) " E "L 0 � 0 f CD D 0I f C 0' Z u 1 ji z ui �.. 0I 0 W x is LL C14 10 CL f O " l o- CIO> U CL 0 W:W: 0 0 lr > W f, w 0 U 01 z ral Ul ce Z z u � W w W u CITE" OF FORT WORTHS TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 6 f i Renovation the Will Rogers Mem rial Center. t Theatrical Audio System Request for Proposals SUbmi t l Cate: December 13, 2012 NO CHANGE) ..l The Request for Proposals for the above project 1s hereby reprised and amended as follows; . The MBE Goal for this project is waived c1 no r1ed e the receipt of this Addendum No. 6 on your Proposal. Douglas ICU''. Wier'si , PEA DIRECTOR,TRANSPORTATION & PUBLIC WORKS DEPARTMENT NT Ronald Clements., :1► Project Manager Facilities Management Division 7-392-8014, FAX 817-392,-84,818 RELEASE EAS DATES December 11, 201 Mill, f Renovation of the Will Rogers Memorial Center Theatrical Audio System Addendum No. 6 December 11 2012 Page 1 of 1 111 ,t P i Pir CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 5 r Renovation of the Will Rogers Memorial Center Theatrical Audio System Request for Proposals Submittal Cate: December 13 201 O CHANGE The Request for Proposals for the above project is hereby revised and amended as follows: 1. Addendum Flo. 3 is VOIDEDI. 2. In the General Conditions, replace the paragraph in Section A-10 MINORITY IT USINESS J , ENTE=PRISM BE POLICY: with the below new paragraph: As of June 1, 2012,The City of Fort Worth is implementing the new Business Diversity Ordinance 1 to reflect the City's availablility and disparity study findings an d recommendations. During this 1 transition period interested Offerors must obtain a, MBE listing from the M Office at 817-212- 2074, This will ensure that ME listings reflect onI those currently certified by the North Central! Texas Regional certification Agency NC T Cyr located in the six(6)county geographic marketplace that have been accepted by the City. _rhe City's geographic marketplace includes the counties of D and Wise. Offer that Tarrant, atlas, Denton, ��al'�un� n, Parker a ors are strop I encouraged to confirm each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal,. 3. In the General Conditions, replace the fiat paragraph in Section E-4 MINORITY BUSINESS E TERPRISE (M-BE : with the below now paragraph. City Worth implementing the new Business Diversity General: � of June 1, 2012, The cat of Fort orth � �n� lenient Ordinance D to reflect the City 11 s availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the M DE Office at 17-212-2674. This will ensure that MBE listings reflect onl those currently certified by the North �j Central Texas Regional Certification Agency(NCTRCA) located in the six count geographic marketplace that have been accepted by the arty. The City s geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strop l encour to r confirm'that each that it intends to use is located in the geographic marketplace that will be counted towards the established goal.. Acknowledge the receipt of this Addendum loo. 5 on your Proposal, Douglas W. viersig, PE C IREcTO ,1 TRANSPORTATION &PUBLIC ORK DEPARTMENT Byw Donald Clements.AI Project Manager Facilities Management Division 17-392-8014, FAX 17'-002-8488 RELEASE CRATE: December 10, 2012 Fort Worth Convention Cantu Sound System Upgrade Page I of" Addendum No.5,December 10,2012 f CITY O FORT WORTH TRANS PORTATI ON AND PUBLIC WORKS DEPARTMENT ADDENDUM N . Renovation of the mill Rogers Memorial Center Theatrical Audio System Request for Proposals Submittal Date;: December 13, 2012 (NO CHANGE) The Request for Proposals for the above project is hereby raised and amended as follows: 1. The following companies have expressed interest in offering proposals for this Project. All Pro Sound Matt Barnes—matt(@,allprosound.com V Pro, Inc.—Michelle McClelland—michelle ,avgro-inc com Infinity Sound- Clay Mangum—cm grn�in ni ound.com Videotex Systems,, Inc. Ken Newberry—l" 'ewher ideatexs sterns.ro jt Acknowledge the receipt,of this Addendum No. 4 on your Proposal. Douglas W. W'iersig, PE DIRECTOR,, T NSPORTA I N & PUBLIC WORKS DEPARTMENT E Ronald CIernents.AIA Project Manager. Facilities Management Division Y 1I -392- 1 , FAX 1 --392-8488 RELEASE DATE.- December 7, 2012 4 Renovation of the Will Rogers Memorial l Center Theatrical Audio System Addendum No. 4, December 7, 2012 »>� Page 1 of 1 /fr �f j CITY OF FORT WORTH ' TRANSPORTATION AND PUBLIC WORKS DEPARTMENT 'El, ll1 1 AD'DEND'UM NO. 3 Renovation of the Will Rogers Memorial Center Theatrical Au d i o System Request for Proposals Submittal, Date-, December 13, 20,112 ' CHANGE) The bequest for Proposals for the above project is hereby revised and amended as follows.. f, 1. The reprised General Conditions, Sections E-4 is attached Acknowledge the receipt of this Addendum No. 3 on your Proposal. �p Douglas W.Wiersig, FEE DIRECTOR,TRANSPORTATION &PUBLIC'WORKS DEPARTMENT Project Manager Facilities Management Division �f 17-39 0 114,„ FAX 817-392-8488 rsr r RELEASE DATE: December 6, 201 IF r, �r i f l encwation, of the Will Rogers Memorial Center Theatrical Audio System r Addendum, No. 3, December 6, 2012 Page 1 1 f rf j% i C y of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS g.FT.HE CONTRACT FOIE CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS,PROCEDURES ES AND INTERPRETATIONS l A-1 CONTRACT T DOCUMENT : 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 necessarilly limited to, sal,General the Contract,Notice to bidders,Proposal, Conditions, Special Conditions,Specifications, flans, Bonds and all Addenda,Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the"work. ,r 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 is of the b a written A terms an effects ec Contract Documents. after being executed, the Contract Documents can be changed only `t Amendment signed by the Contractor and the Owner,or Change Order,or by a written Field Order for a minor change. A-3 W the terra Work is meant all labor,supervision,materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. . A-q. EXECUTION OF THE CONTRACT DOC�'UMENTS. The Contract Doculmehts s alit be xecute in six�riginanls, with all required attachments,including required bonds and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten,business d n to Contractor. Failure W' b days of notification .,act to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAM''ILIARITY WITH PROPOSED WORK: Before filing a Propos,ali, 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 to the conditions that will be encountered relating to the character,quality and quantity of work to be performed and' materials to be furnished. The filling of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional'compensation due to variations between conditions actually encountered in construction and'as indicated by the plans will not be aaallowaved.. � A- ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a. single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,materials,equipment and other items necessary for the proper execution and completion of the"'"work. Words that have well-recognized technical or trade meanings are used'herein in accordance with such recognized meanings. A-7 'DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, ,Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among,subcontractors or Trades. A-8 INTERPRETATIONS:PRETATION The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary f for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the Contractor,or Owner,and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by y p n any of the parties to the Contract and the the interpretation of the Contract Documents the evaluation of work o Field'Order. n the event o an dispute between Architect or each other involving p , r rrnateriaiIs performed or If furnished b the Architect Contractor,or an subcontractor or materialsman,or involving an y y g y question of fault.or liability of any party, the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in carder of precedence: Change Orders and/or 'Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Dotes and dimensions on Drawings; Technical Specifications Special provisions; Supplementary General Conditions; General Conditions; and,Construction Contract. A-g COPIES S CAF"laattN"ORKING DRAWINGS GS 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 Re i for Facility Construction Lump bun C ontract �. Page` of 27 enolvat Auditorium Theatrical Lighting System at ill oo ers Memorial Center(September 2012 . REVISED 6DEC1 2 ' J RISE(MBE)-POL CY: As of June 1,20!12',The city of Fort Worth has implemented the new Business �iw��.rsicrdin BUSINESS City's ., � .. Diversity e he availability and disparity study findings and recommendations. During + �to reflect t this transition period interested O obtain Offerors an MBE listing of African American firms from the M/WBE Office at 817-212- 2674. This will censure that MBE listings reflect onl those currently certified, by the North central Texas regional certification Agency (lrlcTRcA) located in the six 16)-county geographic marketplace that have been accepted by the city. The City's, geographic marketplace includes the counties of; Tarrant, Dallas, Denton, ,Johnson, Parker ,and, Wise. Offerors; are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the r% established goal. f The city of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in city contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder.. The city policy and procedures to be followed in submitting proposals are included. �r r The!city of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and ether federally funded'Projects, J A-1 1 CORRELATION AND INTEN In quality general, indicate �ewn, locations, positions,quantities,and kinds of construction;the specifications indicate the ad �trw�two� p rc d required. Work indicated on the drawings and not specified of vice-versa,shall be furnished as though set forth in both, Work not detailed,marked or specified shall be the same as si a �0 After termination as above,the City will pay the Contractor a proportionate part of the contract price based on the work cormpleted, rove p y payment termination. shall not exceed the total contract rice��reduced b the portion provided, however, that the amount of merit on thereof allocatable to the work not completed and further reduced by the amount of payments, if,any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and'the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. B-3 DUTIES,OF THE ARCHITECT: As used herein,the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER,- The Building Construction Manager will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Docurnents unless changed in writing,by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its' assigned functions under the Contract Documents. p visits to the Site to familiarize himself with the progress q y d to determine if documents. Can the basis of on-s'ite observations t work an The Architect w�will make periodic. and :alit o the proceeding in accordance with the Contract II end avo efic Architect in Work / the work is rocee "l keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and d of the Contractor. Based upon such observations and the Contractor's applications for payments,the Building Construction Manager w►will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the flans and Specifications,and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner., The Architec't's decisions in smatters relating to artistic effect will be final if consistent with the intent of the Contract Documents. -7 AUTHORITY TO, STOP 'WORK: The BCM will, have authority to reject work that does not conform to the Plans and Specifications. In addition,whenever, in its reasonable opinion,the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the Contractor to stop the ' Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be there fabricated, installed or completed. B-8 MISCELLANEOUS D T"I'E OF ARCHITECT Shop Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing,and submittal will w be provided to the Owner b the Architect. Three copies will be returned to the Contractor. p y p Change Orders. Change Orders and Field'Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion..... Operation and Maintenance ance l" anual The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT,-, In case of the termination of the employment of the Architect by the Owner,the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works,or shall'appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-'I IDENTIFICATION: By the term Owner is'meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided' by law. Authorized representatives include the City Manager,Assistant City Manager,the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally spearing a designated representative will be a Building Construction Manager identified from within the Facilities Management g t Group to act as a point of contact for day-to-day contract administration. General Conditions for y � �. Gene Facility Construction Lum� Sum Contract Page 3 of 27 _ Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center(September 2012)... REVISED 6DEC12. 'If C-2 DIRTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics,legal limits and utility of however,that the Contractor hereby covenants that he has inspected the premises and locations fur..the site the work, provided, familiarized himself therewith and that t he locations of utilities and other obstacles t the prosecution of the''work shown on the f' C wwnees survey are for information only, are not binding upon the Owner, and the Owner shall not incur an y liabilit fair loss or y damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all p Contractor in the prosecution of the Work in necessary permanent or construction easements, The Owner will cooperate with the Co � p such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BC1M. w f C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the ''work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract[documents. ��f: C- PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the e progress and , gua�it y of the Work and to determine if the w ork is proceeding in ac cordance with the Con tract documents. On the of on-site observations and reports concernin g t he progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 : The Owner will have authority to reflect work that dries not,t conform to the Flans and .y Specifications, "whenever, in its reasonable opinion,the Owner considers it necessary or advisable in order to insure the proper FIF realization of the intent of the Plans and Specifications,the Owner will have authority to require the Contractor to stop the work or any portion thereof,or to require the Contractor to stop the Work or any portion thereof,or to require special inspection or testing of $ the Work whether or not such Work be then fabricated,installed or completed. III, C-7 SUBSTANTIAL COMPLETION INSPECTION: 'Upon agreement of the Contractor and Architect that the Work is substantially complete,the Owner will schedule a Substantial Completion Inspection to be conducted by the Architect and attended by representatives of the architect, Owner and Contractor, Items identified during this inspection as being incomplete, defective or deficie nt shall b incorporated into a punch list and attached to the A document G704,which is to be prepared and signed by the e i nco AA Contractor,and accepted,approved and signed by the Owner. 1 C-8 RIGHT TO AUDIT, Contractor agrees than the City shall,until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor u involving transactions relating to this contract. r 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 boobs.,documents, papers and records of such subcontractor, involving transactions to the subcontract.The term subcontract"`as used herein includes purchase orders, Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the casts of copies at the rate published in the Texas Administrative Code.. SECTION I CONTRACTOR CTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor r, means the Contractor or his authorized representative. U-2 INDEPENDENT CONTRACTOR: Contractor, shall perform all work and services hereunder as an independent contractor, not as agent,or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the t details of the Work and services performed hereunder,and,all persons performing same,and Contractor shall be solely responsible r for the acts of its officers,agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor,its officers,agents and employees,and the doctrine of respondeat superior shall not apply.: U • 3 SUBLETTING: It is further agreed than the performance of this Contract,either in whole or in part,shall not be sublet or ME signed to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Dort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions g Addenda and modifications and shall at once report Owner and to the Architect any f of the Contract,Drawings,specifications, � to the C error, inconsistency or ornission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. U-5 tJPER 'ISIC I� 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. Iqt General Conditions for Facility Construction Lump Sum Contract Page 4 of 27 Renovate auditorium Theatrical Lighting,System at Will Rogers Memorial Center(September 2012)... REVISED(3DEC 2 1 t 1� >' i, D-6 LABOR AND MATERIALS: Unless otherwise specifically noted!, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat« utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. workmen ma general The successful low bidder will use its reasonable best efforts to hire local laborers, terialmen. � kr�ien an condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialmen from outside local area. The Contractor shall'at all times enforce strict discipline and good order among his employees,and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to hire. D_7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to a Prevailin Wage a Rates. The Contractor shall comply with all'requirements of Chapter 2258,Texas Government Code (Chapter 2258),including the payment of not less than the rates determined by the City Council of the City of Fort"Forth to be the prevailing wage rates in accordance with,Chapter 2258. Such prevailing wage rates are included in these contract documents. Ali Penalty for Violation, A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City,pay to,the City$60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents.This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. Complaints of Violations and Cit Determination of Good Cause. On receipt of information,including a compilaint by a worker, concerning an al'l'eged violation of 2258.0123,Texas Government Code,by a contractor or subcontractor,the City shall make an �u�} initial determination,before the 31"day after the date the City receives the information,as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial All AN determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258,the City shall retain the full'amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates,such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Re aired'if Violation Not Resolved., An issue relating to an alleged violation of Section 2258.023,Texas Government Code,including a penalty owed to the City or an affected worker,shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act(Article 224 et seq.,Devised Statutes)if the contractor or subcontractor and any affected worker do not resolve the ay y determination pursuant to paragraph issue by agreement before the nth d after the dace the City makes Its initial (c),above. If the persons required to arbitrate under this section do not agree on an,arbitrator before the 1 Ith day after the date that arbitration is required,a district court shall appolint an arbitrator on the petition of any,of the persons. The City is not a party in the arbitration. The decision and award'of the arbitrator is final and binding on all parties and may be enforced in any court of jurisdiction. urisdiction. Record's to be Maintained. The Contractor and each subcontractor shall,for a period of three 31 years following the date of acceptance of the Fork,maintain,records that show(i)the name and occupation of each worker employed by the Contractor in the construction of the"Fork provided for in this contract;...and(ii)the actual per diem wages paid to each worker. The record shall be open at all reasonable hours for inspection by the City. The provisions of the Au it section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial payment estimate or payroll period,whichever is less,the Contractor shall submit an,affidavit stating that the Contractor has compllied with the requirements of Chapter 2258,Texas Government Code. P stir of Wage bates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Comp fiance. The Contractor shall include in its subcontracts ardor shall'otherwise require all of its subcontractors to comply with paragraphs a)through(g above., On projects where special wage rates apply e.g.Davis-Bacon)the Contractor agrees to meet all requirements of such programs, D-8 WARRANTY: The Contractor,warrants to the Owner and the equipment furnished under e architect that all materials,and e 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 bind and quality of materials and equipment. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents.. D-9 ES- The Contractor is exempt from State Sales Tax on material,incorporated into the finished construction, Excise and Use Tax. General Conditions for Facility Construction Lump act Page Sum Contr g of � :� ' Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center(September 2012)...REVISED 6DEC w 11' D-10 LICENSES NOTICES AND FEES: The Contractor shall obtain ail hermits Licenses, Certificates, and Inspections, r whether permanent or temporary,required by law or these Contract Documents. f The Contractor shall give all Notices and comply with all Laws,Ordinances, rules,regulations and orders of any public authority bearing on the performance of the""Fork. If the Contractor observes or becomes aware that any of the Contract documents are at r variance therewith in any respect,he shall promptly notify the Architect w writing Owner in and any necessary,changes will be made. I the Contractor performs,an 'Fork knowing that it is Ira violation of,or contra try an of such p " � Ordinances, , Laws,Statutes,Charter, Orders or Directives,or regulations without furnishing Notice to the Owner,the Contractor will assume full responsibility therefore and burr all costs attributable thereto. ` D-1 I CASH ALLOWANCES: The Contractor shall include in the Contract Sure all allowances stated in the Contract i% Docume s shall cover the net cost of the materials equipment delivered and unloaded at the site, and all �� r lucable�t��The Contractor's handlrn costs on the r labor,and e ui�prruent pp site, bor, installation costs, overhead, profit an,d other expenses contemplated for the original allowance shall be included in the Contractor Sum and not in the allowance. The Contractor shalli cause the Fork covered by these allowances to be performed for such amounts and by such persons as the Owner may direct,but he will not be required to employ persons against whom he snakes a reasonable objection. If the cast,when determined, is more than or less than the allowance, the Contract Sufi shall be adjusted accordingly by Change Order which will include additional handling costs on the site,labor, instaliation costs,field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. �' - " . The Contractor shall employ a competent superintendent necessary assistants who shall be in I; and Waco attendance at the Project SUPERINTENDENT: the progress of the Work. The superintendent ha be u l g p g p shall satisfactory to the Contractor and the Owner.The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to Important communications will be confirmed in writing. Other communications will be so confirmed on even the Contractor. I rn written request in each case. r D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-COIN :TORS The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the"work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the"work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an iternized statement of the total cost thereof,said excess cost,. D, 5 � a pontractor, immediately after being awarded the c ontract, shall prepare and submit for LLEl the Architect s approval,an estimated sc �e u�a or the The progress schedule shall be related to the entire protect. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised)as required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials® 1, The Contractor shall submit an updated progress schedule the BCIVI at least monthly for approval along with the Contractor°' s monthly progress payment requests. »i D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of f' i all Drawings,s, 1% g Specifications, Addenda approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marred to record all changes made during construction. These shall also be available to the Architect. The Dra,wrwings,, marked to record all changes made during construction,shall be delivered to the Owner upon completion of the Work. The Architect. will prepare,and provide to the Owner,one complete set of reproducible record drawings of the Work. D-17 SHOP DRAWINGS AND SAMPLES:MP"LES:f` Sho p Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and,other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor„ and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to no delay in y y he first go days of the work six copies p ,�,, cause the'fork or in the work of an other contractor,normal) within t , es of all shop r Drawings and Samples required by the Contract Documents or subsequently b the Architect as covered b changes or � g p q q " y y g r% amendments.Shop Drawings and Samples shall be properly identified as specified,or as the Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the POP requirements of the Contract Documents. i General Conditions for Facility Construction Lump l l Rntract Pa g e 6 of 27 Renovate Auditorium Theatrical Lighting Syste at Rogers Memorial Center(September 2012 ,,. REVISED 6DEC1 !r By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified ea�surernen criteria, numbers and similar data, and that he has checked and' all field rrw� f' construction ria, materials, coordinated each shop drawing, on given in the Contract Documents. The Architect's approval of a separate item shall not indicate coo � 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 ati a Contract Documents..The Architect's for conformance with the design concept of the Project and with the information given in th approval of a separate item shall not indicate approval of an assembly in which the item functions. pp se p The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings g or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings s or Samples shall not relieve the Contractor o f res ponsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of s, " n approval to the specific deviation., Architect's approval shall not relieve the ubra�ass�on and the Architect has even wrwtte " g Contractor from responsibility for errors or omissions in the Shop Drawings or,Samples. No portion of the fork requiring a Shop Drawing,or Sample submission shall be commenced until the Architect has approved the submittal.All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the p p Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City Council of the City of Fort Worth,the entire site of the Fork shall be under the exclusive control,care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever.The Contractor shall rebuild,repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. D-1 9 CUTTING AND PATCHING OF WORK.- The Contractor shall do all cutting, fitting or patching of his Work that may required to snake its several parts fit together properly„and shall not endanger any"!work by cutting,excavating or otherwise altering the Work or any part of it... D-20 CLEAN Up. The Contractor at all times shall beep 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,u"pnent,machinery and surplus s nater�a s,an shall'clean all ass surfaces and the or " "Broom-clean"or its equivalent,except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean",Contractor shall 11, clean all glass,replace any broken glass,remove stains,spots,marks and dirk from decorated work,clean hardware, remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,til'e and terrazzo floors. If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor. D-21 COMMUNICATIONS: As a general rule,the Contractor shall forward all communications to the Owner through the BCl 1. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual SECTION E 71 SUBCONTRACTORS Al E-1' IDEFINITION: p arson or subcontractor is a organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract documents as if singular in number and masculine in gender and means a Subcontractor or his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub-subcontractors or material'men.. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a lint of the names of the subcontractors or other persons or organizations(including those who are to furnish materials or equipment fabricated to a special design)proposed for such portions of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of the;subcontractors proposed for the principal portions of the Work, Prior to the award of the Contract,the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list" Failure of the Owner and Architect to make an objection to any person or organization on the lest prior to, the award of this Contract shall not constitute acceptance of such person or organization. If,prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such lint,and refuses to accept such person or organization, the apparent low bidder away, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualify the t General conditions for Facility Construction Lump burn Contract..__,�. �. .�..��.��_..�..�... gage 7 of 2 Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center(September 2012)...REVISED ODEC 2 R bid. If, after the award, the Owner or architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the architect,unless the substitution is also acceptable to the Owner and the architect. -3 TERMS OF SUBCONTRACTS all work performed for pursuant,� n U appropriate agreement between the Contractor and the Subcontractor the whererab appropriate between Subcontractor hall nt tors a to a y Pp p twee ,subcontractors and'dub subcontractors)which shall contain provisions that: 1 preserve and protect the rights of the Owner and the architect under the Cent ract with respect to the'Work to be performed j; under the subcontract so that the subcontracting thereof will not prejudice such rights; r 2. Require that such'work be performed in accordance with the requirements of the Contract Documents„ 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party,in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional casts,extensions of time,damages for delays or otherwise with respect to subcontracted portions of the"'Fork shall be submitted to the Contractor(via any,Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for life claims by the Contractor upon the Owner; . Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the insurance„except such rights,if an as the may have to proceeds,of such insurance held b the Owner,and" property� g y" y p y 5. Obligate each Subcontractor specifically to consent to the provisions of thin Section K 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 arid,applied as to the Owner and the,architect"whether or not such provisions are physically included in the sub- contract. VIP E-4 MINORITY BUSINESS E.1NTERPRISE M'BE . Should the base proposal be$50,000 or less, the requirements of this section do not apply.. General: as of,tune 1, 2012,The City of Fort Worth is implementing the new Business Diversity Ordinance(BDO)to reflect the City's availability and disparity study findings and recommendatio ns During n g this transition period interested Offerors must obtain a MBE listing from the MANBE Office at 817"-2.12-2874. This will ensure that MBE listings reflect oni those currently certified by the North Central Texas Regional Certification Agency NCTRCa located in the six 0)count geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties o f; Tarrant, Gallas, Denton, J ohnson, ...... parker and Wise.Offerors are stLgnly 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. fl In accordance with City of Fort Worth Diversity Business Ordinance (BIRO) No 20020-12-2011 (the "Ordinance"), the City of fort Worth sets goals for the participation of Minority Business Enterprises (MBE) in City contracts. Ordinance No 20020-12-2011 is incorporated in these General Conditions by reference. a copy of the Ordinance may be obtained from the Office of the City � Secretary. Failure to comply with the Ordinance shall be a material breach of contract. t r' prior to award: The'MBE documentation required by the procurement solicitation must be submitted within five city business days after the proposals are opened, Failure to comply with the City's Business Diversity Ordinance, or to demonstrate a"good faith Fro effort",shall result in a laid being considered non-responsive. nsive. Gunn Construction; Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE / g �"� �� . r provide monthly,subcontractors and or suppliers prior to issuance of Notice to proceed Contractor shall also ov de mon ply, reports on pp p p y p utilization of the subcontractors to the lu/WBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an MBE on the contract and proof of payment thereof. Contractor, f 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 I' BE. The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract andlor initiating action under appropriate federal, state, or focal laws or ordinances relating to false statement. an Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three(8)years. The failure of an offeror to ;. comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein may result in the offeror being determined to be an irresponsible offeror and barred from participating in Cite work for aw period of time of not less than one C 1 year. The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint venture for a clearly defined portion of the work to be performed, all subcontractors used in meeting the goals must be certified prior to the award of the Contract.. r rr, General Conditions for facility Construction ��np Sum Contract pa g e 8 of 27 i Renovate auditorium Theatrical lighting System at Will Rogers Memorial Center(September 2012)... REVISED 6'GEC12 MR �j Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an opportunity to perform,the work. "whenever a change ender is$501,000 or snore,the M E Office Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the(contractor shall: 1" Make no unjustified changes or deletions in its MBE participation commitments submitted with, the bid/proposal or during negotiation,without priory submission of the proper documentation for review and approval by the M/WBE Office. 2" If substantial subcontracting and/or supplier opportunities arise during the terra of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections of the 0101rdinance,exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the I /WBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM,if, during the term of any contract,the Contractor wishes to change or delete one or more MBE subcontractors or suppliers. J Justification for change of subcontractors may be granted for the following; 1. An MBE's failure to provide Workers'Compensation Insurance evidence as required by state law;or 2_. An MBE's-failure to provide evidence of general liability or other insurance. under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 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 of filar size and scope and within the Contractor's normal business practice with non- other projects of similar M/WBE subs+ontractor's/subconsultant s or suppliers,or 3w An,MBE's failure to execute the Contractor's standard subcontract foram,if entering a subcontract is required by the 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 b) The contract presented provides for payment once a month or longer and the Contractor,is receiving payment from the City twice a rnontil or C) Any limitation being placed on the ability of the MBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractors surety company or insurance company.. d' Mediation shall be a consideration before the request for change is approved. 4" An MBE defaults in the performance of the executed subcontract. In this event,the Contractor shall: a Request bids from all MBE subcontractors previously submitting bids for the work, J b) if reasonably practicable,request bids from previously non-bidding ll' BEs,and C) Provide to the MAAIBE Office documentation of compliance with a)and(b)above.. b. Any reason found to be acceptable by the MIWBE Office in its sole discretion* ""within ten days after final payment from the City the Contractor shall ;provide the /WERE Office with documentation to reflect final participation of each subcontractor and'supplier,including non-MBEs,B s,uses on the project" E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor,upon receipt of payment from the Owner, an amount equal to the percentage of completion aallowed to the Contractor on account of such Subcontractor's Work.The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a )� particular subcontractor,the Contractor shall pay that Subcontractor on demand,made at any time after the Certificate for Payment would otherwise have been issued,for his,'Work to the extent completed,less,s the retained.percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and he shall require each Subcontractor to male similar payments to his Subcontractors. The Owner may,on request and at its discretion,furnish to any Subcontractor,if practicable, information regarding percentages of completion certified to the Contractor on account of Work dione by such Subcontractors. Neither the Owner nor the Architect shall have any obligatioln to pay or to see to the payment of any monies to any Subcontractor. General Condit g of 27 Conditions Construction Luna `urn Contract " s for Facility Renovate Auditorium Theatrical Fighting System at Will(Rogers Memorial Center(September 2012),..REVISED"ISEi DEC'12 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cruse appropriate provisions to be inserted in all subcontracts to bind subcontractors to'FDA contract requirements as contained herein and to 15 CFR r 24 or 0M13 Circular A-11 t,as a ppropriate. ro riate. Each subcontractor must agree to comply with all applicable Federal,State,and local requlirements in addition to those set forth in this section. a1 No subcontractor will be employed on this project, except as specifically approved by the City, who is contained' in the listing of contractors debarred, ineligible, Suspended or indebted to the Ignited States from contractual dealings with Federal government p e work performed by any such contractor or subicontractor wowrill be ineligible for reimbursement wholly or partially departments. T'h l from EDA grant fluids. i All subcontracts in excess of$1 0,000 shall include, or incorporate rate reference, the equal opportunity rtuunity clau s e of Executive Order 11246 All subcontracts must contain a nondiscrimination clause. G Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. OPP y p weekly statement of compliance. Those documents will For Each subcontractor must submit weekly each weekly payroll record and a be submitted to the prime contractor who will compile therm and submit to the City.The subcontractor can satisfy this requirement by I` submitting a properly executed Department of Labor Form WH-34 ". t Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible.. rr All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of$510,,000 or more must submit a completed Standard.Form 100(Compliance Report)by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will,be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS �' F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each a case shall be the contractor who signs each separate contract. 1r MUTUAL RESPONSI II I Y OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and,the execution of their wwork and shall properly connect and coordinate his work with theirs. PIP ` 1 If any past of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results.Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractors work after the execution of the Contractor's""work. ,Should the Contractor cause damage to the work or property of any separate contractor on the site,the Contractor shall,upon due notice,settle with such other contractor by agreement,if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall' defend against such suit at the Contractor's expense" and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. r� F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting,,fitting or patching of his'"Fork 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 TIGHT TO CLEAN LIP: If a dispute arises between the separate contractors as to their responsibility for g p, rover may clean up and charge the cost thereof to the several contractors,as the Director of the Department of cleaning,�u the Owner Transportation and Public Works shall determine to be dust. General Conditions for Facility Construction Lump Sum Contract Page 10 of 27 1% Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center,(September 2012)... REVISED 6DEC12 i y SECTION G MISCELLANEOUS EOUS p'ROVIS,IONS, G-1 CONFLICT OF LAWS,, The law of the place where the site is located shall govern the Contract. The Contractor must 11111111 familiarize himself and strictly comply with all Federal,State,and County and City Laws,Statutes,Charter,Ordinances,Regulations, or'Directives controlling the action or operation of those engaged upon the work affecting,the materials used.He shall indemnif y and satire harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws,Statutes,Charter,Ordinances,Regulations,or!Directives,whether by himself,his employees,agents or subcontractors, y understood,t his agreement is made and entered into by the parties �-� GOVERNING 'L�"�",�. It is mutually agreed and underst that t hereto with reference to the existing Charter and Ordinances of the City of Dort Worth and the laws of the State of Texas with reference to and'governing,all matters affecting this Contract,and the contractor agrees to fully comply with all the provisions of the ,same. performing their duties under the Statutes of the State of Texas and the Charts and Ordinances n nc oft LIABILITY it Fort Worth n connection with this Contract,or wry exercising an y of the powers ranted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. G.4 COMPLIANCE WITH LAWS. Contractor agrees to comply with all laws,Federal,state and local,including all ordinances, rules and regulations of the City of Fort Worth,Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. The Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for % obtaining all other construction permits from the governing agencies. Contractor shall schedulle all code inspections with the Code inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manager weekly. Building, plumbing,electrical and mechanical building permits are issued without charge. '""Water and sewer tap, impact~ access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor.. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's;sole negligence. In addition,Contractor covenants and agrees to Indemnify, hold haarmiless and defend,at Its own expense, � ,sincluding es,from and against and employees,� anst any all claims or suits for property loss property damage,n personal injury, g wd+eath arising out of or alleged'to arise l� l� � p p y � � p � yr � � out of,the work and services to be performed hereunder by Contractor, its officers,agents, employees,subcontractors, licensees or invitees,whether or not an such fnLu �a�a a o►�doeatath a�ca�sa�l fn u�hoi"e crux'in art b the ne g ence or as l2 eon negitgence of Owner its officers servants o�em! lo! ees. Contractor l'i'kewise covenants and agrees to indemnify e Owner from a j Owner's officers,ser cants and employees and any and hold harmless th and against any and call injuries to town damage,loss or destruction to property of the Owner,arising from the performance of any of the terms and'conditions of this contract, whether or not any,,such jgju or�o�aarnaa a is caused in whole or in 12arf b -the ne W wence or awiau"e eoi! nee servants o e lo ees.wrfo a m In the event Owner receives a written claim for damages against the Contractor or, its subcontractors prior to final payment,final p�ayrnent shall not be made until'Contractor either(aa)submits to Owner satisfactory evidence that the claim has been settled'aandlor aia release from the claimant involved,or b provides Owner with as letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whore a claim, for damages Is outstanding, as a result of wort performed under a City Contract, G-6 SUCCESSORS AND ASSIGNS Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or,assigns.Contractor shall not assign or sublet all or any pant of this Contract or his rights or duties hereunder without the prior written consent of the Owvner, Any such purported assignment or subletting wvithout. the prior written consent of Owner shall be void. G- " WRITTEN NOTICE: Written Ilotice shall be deemed to have been duly served if delivered in person to the individual or member of the firer or to an officer of the corporation for whom it was,intended,, or of delivered at or sent by registered or certified 1 mail to the last business address mown to him who gives the notice. G-8 SURETY(BONDS :surety Bond's are required'on all City contracts in excess of$25,000, The Contractor agrees,on the submittal of his Proposal to make,, said City of Fort Wo good and sufficient surety bonds for the faithful �a�s sub execute and deliver to y rth g � y performance of the terms,and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work,such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas,as amended,in the form included in the contract Documents,and such bonds shall be 100 percent of the total contract price,and'the said surety shall be as surety company duly and legally authorized'to do business in the State of Texas,and acceptable to the City Council of the City of Fort Worth, sya Alk General Conditions for Facility Construction � �... Lump dui contract .... � page 11 �of 2 " Renovate Auditorium Theatrical Lighting System at "ill Rogers Memorial Center(September 2012),,.REVISE l 6DLC12 Ir% Y% r Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local!,state and federal statutes. f To be an acceptable surety on the bond the name of the surety should be included on the current U.S.Treasury List of Acceptable Securities[Circular 5701,and must be authorized'to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure any obligation over 10 p in excess of 10, percent must be reinsured by reinsurers who are duly authorized, � percent. The amount accredited,or trusteed to do business in the State of Texas. Shout y y bond rp to be determined unsatisfactory at any time during same,,the Contractor shall immediately an curet for the contracted project provide a new surety o d th y If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work. r OWNER'S lER'S SIGHT TO CARRY OUT 'rHE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform,any provision of the Contract,the Owner may,without prejudice to any other remedy he may have, enter the site and' make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the t Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shall defend all suits or claim is OR for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all i such loss when a particular design,process or the product of a particular manufacturer or manufacturers is specified-however,if the Contractor has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Owner.. "E�- 'I if the Contract Documents, e nts, Las, Ordinances, Rules, Regulations or Orders of any public authority having ire requ any Work to be inspected tested or approved,the Contractor shall give the Owner timely notice 11, Jurisdiction � f its readiness o and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all cosh 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,mill instruct the Contractor to order such special inspection , testing or a pp roval,and the Contractor shall give notice as required in the recedin g paragraph. If such special'inspection or testin g reveals a failure of the Work to comply 1 with the requirements of the Contract Documuents or(2 with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances' Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the 1' Owner shall bear such costs,and an appropriate Change Order shall be issued. All The Contractor shall secure certificate of inspection,testing or,approval,and three copies will be promptly delivered by him to the Owner.The architect will review the certificates and forward one copy of each with his recommendations to the Owner. J If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable,at the source of supply. Neither the observations of the architect or the Owner in their administration of the Construction Contract,nor inspections,tests or r; approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents.. G-°12 INTERRUPTION P'E ISTING UTILITIES SERVICES- The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases,the Contractor may l be required tol perform the Work while the existing utility is in service. The existing utility service may be interrupted only when approved I by the Owner.When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shall be Dept to a °100, minimum.Depending upon the activities at an existing facility that requires continuous service from the existing utility,an interruption may not be subject to schedule at the time desired by the Contractor. In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility.The amount of time requested by the Contractor of existing utility services shall be as approved by the C liner. �- L II'wlC OIdT �yl � shall verify dimensions and elevations i in layout of existing work. '1 The Contractor s "y elevations hu ect . g d to Architect for adjustment before work w Drawings, Specifications, and existing i Discrepancies between Cdr g conditions shall be referred' affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's scale expense.. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction. Documents. "(PIP Conditions for Facility Construction N�ontract Page 1 2 of 27 Renovate Auditorium Theatrical Lu h i y System a�� Rogers Memorial Center(September 20,12 ... REVISED �C1 i Prior to commencing work, the contractor shall carefully compare and check all Architectural,Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found,he shall immediately report the same to the Architect for verification and adjustment.Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor Is sole expense. G-14 MEASUREIVIENTS, Before ordering any material or doing any work,the Contractor shall verify all measurements at the site or at the building;and shall be wholly,responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK- "rhe contractor shall carefully check the site where the project is ,. to be erected and,observe any existing overhead wires and equipment.Any,such work shall be moved, replaced or protected, as required,whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground,improvements that may or may not be shown on the Drawings.All reasonable precautions shall be taken to preserve and,protect any such improvements whether or,not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best availlable sources, but are to be regarded as approximate only.Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-1 61 ALIGNMENT OF JOINTS:I,N FINISH MATERIALS: It shall be the re pc nsibility,p the Contractor to snake certain in the installation of jointed floor,wal,l and ceiling materials that. 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the"'work to be performed /a under the subcontract so that the subcontracting thereof will not prejudice such rights- 2. place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible.This includes heating registers,light fixtures,equipment,etc.. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING ATINf EXISTING: WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities.. Where new site work is to be connected to existing work,special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original,condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERT"IFICAT"ION: It is the intent of the contract documents,whether expressly stated or not, that nothing containing hazardous materials,such as asbestos,shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are trot 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-191 LOCATION OF EQUIPMENT ENT" AND PIPING: drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown.When this situation occurs,it shall be brought Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held g to the Archri responsible for the relocating of any items without first obtaining the Architect's approval, He shall remove and relocate such items is,app , at his own expense if so directed i by the Architect. Where possible, uniform margins are to be maintained between parallel lines and/or adjacent wall,floor or ceiling surfaces. G-2O OVERLOADING: The Contractor shall be responsible for loading, of any part or parts of structures beyond their safe carrying capacities by placing of materials,, equipment, tools, machinery or any other item thereon, No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 l" ANUFACT'URE IS INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes, eq uipment,or the like be installed or applied in accordance with manufacturer's instructions,direction or specifications,or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site..Six copies of such instructions shall be furnished to the Architect and his approval thereof obtained before work is begun.. G-22 CLEANING LIP: The Contractor shall keep the premises free from accumulation of waste material or ruubblishu caused by 1"107 employees or as a result of the Work. Genera y age 13 of 27 General�onditio�ns for Fa chit construction Lump hum Contract I� Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center(September,20 12).,. REVISED ISED 6 EC 12 Ji J� At completion of work,the General Contractor shall,immediately prior to final inspection of complete building,execute the following Art final cleaning work with trainied janitorial personnel and with material methods recommended by the manufactures of installed materials. I Sweep and buff resilient floors and base„and vacuum carpeting. r 2. Dust all metal and wood trim and similar finished materials.. 3. Clean all'cabinets and casework. r 4. lust all ceilings and walls. A 5. Dust,and if necessary wash,all plumbing,and electrical fixtures. . '"wash all glass and similar non-resilient materials. 7. ill hardware and other unpainted metals Tall be cleaned and polished and all equipment andi 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 shiall be polished'. 8. The exterior of the building,the grounds,approaches, equipment, sidewalks,streets,etc.shall be cleaned similar to interior of building and left in good,order at the time of final acceptance. All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials,etc.,without scratching or injuring the glass and leave the work bright,clean and polished.Cost of this cleaning work shall be borne by Contractor. 'lg, Gleaning, polishing, scaling,waxing and all other finish operations indicated on the Drawings or required,in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. , 11 burning:Burning of rubbish on the premises will not be permitted. result of any operations during PIP he construction tion eririod, if serious Precaution errs or l ce laint arise due to air-borne dust,t,or when directed dN ect+d'It the Architect operations period, p , a p 1 causing such problems shall,be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION': The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish,and trash shall be removed daily from in and about the building and shall OFF not be permitted to be scattered on,adjacent property. r 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 Dept in closed metal'container and rz,, ; removed from the building during unused,periods. f A fire extinguisher shall be availabile at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed shield's of incombustible material shall be used to protect against fire damage dude to sparks and hot metal.When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the premises. l The Contractor shall provide fire extinguishers in accordance with the recommendations and I''F'P Bulletins loos. 10 and 241. However„in all cases a minimum of two fire extinguishers shall be available for each floor of construction.. G-25 CUTTING AND PATCHING: Wherever cutting and'removal of portions of the existing work is indicated,such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical'surfaces.Care should be exercised not to damage any work that is to remain.. t At no time shall any structural members be cut without written consent from the Architect. vo/. G-26 PROJECT CLOSEOUT f f Final Inspection, Record Drawings: Attention is called to General Conditions Section entitled', "Substantial Completion and Final' Payment". Maintenance Manual:Sheets shall be 8 1 "x 11",except pull out sheets may be neatly folded to 8 1°2"x 11"°. Manuals shall be bound in plastic covered,3 ring,loose leaf binder with title of project lettered on front and shall contain: r 1 Name,address and trade of all sub-contractors. General Conditions for Facility Construction Lump hum Contraaact ..�..:Page 14 of 2 Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center(September 2012),,,.. REVISED 6DEC12 a i t a 7/r 2 Complete maintenance ance instructions„ name, address, and telephone number of ins lling Contractor, manufacturer's local representative,for piece of operative equipment. f 3 Catalog data on plumbing fixtures, valves,water heaters, heating and cooling equipment, temperature control, fan, electrical panels,service entrance equipment and light factures, 4 Manufacturer's,name,type,color desiginationi for resilient floors,windows,doors,concrete block,paint,roofing,other materials. Submit six copies of Maintenance Manual,prior to request for final payment. Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent, manufacturer''s representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. Thin requirement shall be scheduled just prior to and during the initial start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE ANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees, required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect.Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year.In addition,where separate guarantees,for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such banger periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner, Guarantees shall not apply to work where damage is result of abuse,neglect by Owner or his successors in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical' Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees,the Contractor shall warrant all work materials,and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents.. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor,the Contractor further agrees to bear all'cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RFCOI�ID DRAWINGS,: Upon completion of the Work and prior to application for final payment,one grunt of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to showy variations between the construction actually provided and that indicated or specified in the Contract Documents, The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award,of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall dune the construction actually provided. The representation of such variations shall conform to standard drafting practice;and shall include supplementary notes legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition,the actual location of all swab-surface utility lines,average depth below the surface and other appurtenances. G-Zg CONSTRUCTION TION FENC E: At the Contractor's option,he may provide a substantial chain-link construction fence around all or,a part of the site* The fences and'gates must be maintained throughout the construction period.Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition, HANDLING: _ r shall ,store and protect materials and products, C�-� FICC�T D�L1VF�,"Y' �T'C�I,AC�F The Contractor� handle including fabricated comaponents, by methods and means which will prevent damage, deterioration and loss, including theft wand resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the l,aaw. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE Catalog, brand names, and manufacturer's references are descriptive, not restrictive. bids on brands of Tike nature and quality will be considered.Contractor shall inform the City of any substitutions intended for the project within b business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the a full sized sample and/or detailed information as required, determine the acceptability ,% Contractor will submit uired to allow the architect to de ty �� ,� rch it p of proposed substitutions. 'here equipment has been listed as no substitute accepted",the City will accept no alternates to the specified equipment.. General Conditions for Facility Construction Lum,p Sum Contract Page 15 of 2 " Renovate Auditorium Theatrical Lighting System aat'"Will Rogers Memorial Center(September 2012)., DEVISED DEC12 r/ �j I% SECTION H CONTRACT TIME H-1 DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar rr, days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner The Date of Commencement of the Work is the date established in the Notice to Proceed. if there is no notice to proceed,it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Data certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with,the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended'. Final acceptance of the cornpl'eted work or any portion thereof can be made only by the Assistant City Manager,and no other form of acceptance will be binding upon the Owner. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday,regardless of whether a `Working Day"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the BCM with final approval by City of Dort Worth. f. A Working Davy is defined as a calendar day, not including Saturdays, Sundays, and.legal holidays, in, which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven d hours between 7,010 a.m. and 6-00, p.m. However, nothing in these Contract Documents shall be construed' as prohibiting the r, Contractor from working on Saturdays if he so desires. Legal holidays are defined as bleing New Year's Day, Independence Day,% % labor Day,Thanksgiving Day,Christmas Day,Memorial'Day,and Veteran's Day. H-2 PROGRESS AND COMPLETION,: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall' carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time, H-3 DELAYS AND EXTENSION'S OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or o y employee b any separate contractor employed by the Owner,or neglect of the tenor or the Architect, r by an em to ee of the Owner,or y n s by any separate contractor employed by the Owner,or by changes ordered in the'Work,or by labor disputes,fire, unusual delay in transportation, unavoidable casualties or any causes beyond, the Contractor's control, or by any, cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner.When the Contractor is delayed due to abnormal weather conditions, the weather table provided as T-1' in these Contract Documents shall' be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in,writing to the Architect no more than,fifteen days after the occurrence of the delay; otherwise they shall be waived. fa g p interpretations shall be furnished,then no claim for delay If no schedule or agreement is made stating the dates upon which written inter retatron 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. Id'-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time r y an cause`n the progress of the provided ford sh��all be made to the Contractor for damages because of hindrances or delays from se � s work, whether such hindrances or delays be avoidable or unavoidable,and the Contractor agrees that he will make no claim for compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension of time,. SECTION'I PAYMENTS AND COMPLETION CONTRACT T 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. 11.2 SCHEDULE OF VALUES Before the first Applicable for 'Payment, the Contractor shall submit to the Architect a. ,schedule of Values of the various p Work, including quantities in, required by the Architect, aggregating the total Contract Surma divided so as to facilitate loans of the who I 1; payments,to Sub-contractors,prepared rn such form as specified or as the Architect and the t ' Contractor may agree upon, and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit.This Schedaul'e,when approved by the Architect and the Owner,shall be used as a basis for the Contractor's Applications for'Payment. f% 1-3 ADJUSTMENT IF QUANTITIES(NOT USED en Construction Lump Sum _ 7" General Conditions for Facility Co uc rrr�Contract Fag f Renovate Auditorium Theatrical Lighting;System at Will Rogers Memorial Center(September 201 � � C1 1.4 PROGRESS PAYMENTS:S: On the first day of each month after the first months,work has been completed,the Contractor will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of 'values and Progress Schedule, If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent,bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an application for Payment, whether incorporated in the Project or not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as"liens"';and that no Work, materials or equipment covered by an application for Payment will have been acquired by the Contractor,or by any other persons performing the Work at the site or and equipment for the Work, f g under which an interest therein or an furnishing k, sub�ect to an agreement and encumbranc thereon i retained b the seller or otherwise imposed b the Contractor or such other person. y P y p The Contractor shall prepare each application for payment on AIA Document G702,"Application and Certificate for Payment",and attached thereto Ala document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. a copy of the revised monthly work progress schedule i��` must be attached before the pay request can be accepted., 1-5 CERTIFICATES FOR PAYMENT,- If the Contractor has made Application for Payment as above,the above,the architect will with reasona ble promptness but not more than seven days after the recei pt of the A pp lication,prepare a Certificate of Payment, with a copy to the Contractor, for such ,amount determined to be properly due, or state in writing reasons for withholding as Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the BCM"s observations at the site and the data comprising the application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents(subject to an evaluation of the Work as a functioning whole upon Substantial y Completion, to the results of any subsequent tests regiuired by the Contract Documents,, to minor deviations from the Contract Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the Owner that the Contractor be paid in the amount certified. In addition,the Architect's approval of final payment,assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Forks.For contracts less than$400,000,Owner shalll pay 910% of the approved estimate to the Contractor within seven days after its approval, and the remaining 0% of each such estimate will be retained b'« the Owner until the final estimate is pp p by the City Council of the City of 1 e y approved and the work is accepted Fort Worth. For contracts in excess of$400,0100,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. progress payment, y progress payment,, y partial or entire use or occupancy of the Project by the No Certificate for a ro ress a rnent, nor awn ro ress a ment, nor an Owner,shall constitute an acceptance of an Fork not in accordance with p y the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faaullty materials or workmanship.The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom,that shall'appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1- PAYMENTS"'ylafl'l"HHELD: The BCM may decline to approve an application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section.The architect may also decline to approve any applications for Payment or, because of subsequently discovered evidence or subsequent inspections,may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of. 1 Defective work not remedied;.... Claims filed or reasonable evidence indicating probable filing of claims, 3 Failure of the Contractor to make payments properly to Subcontractors,or for labor,materials or equipment, >rt 4 reasonable doubt that the Work can be completed for the unpaid balance of the Contract,Sum;. b Damage to another contractor; 61) Reasonable indication that the Work vwri.......11 not be comipleted within the Contract.Time„or ,% 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them.The Owner reserves the right to withhold the payment of any monthly estimate,without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications. % Facility Construction Lump Bum Co. General Conditions for y p "tract iPage 17 of 2 " Renovate Auditorium Theatrical Lighting,system at Will(Rogers Memorial Center(September 2012)...REVISED 6DEC1 a ;, a, lJ� f ff, i l 1-7 NOT USED t' I-8 LIQUIDATED DiAMA ES: The deduction for liquidated damages shall be as follows. Amount of Contract Liquidated Damages Per Day ,coo or less 45 15,001 to $25,000 $63 ,oC 1 to 50,000 $lob $50,001 to $1 00,000 154 100,000 to $500,000 $210 t $500,001 to$1,000,000 $315 1,0001,001 to 2,01001,000 $420 $2,000,001 to$0,000,000 $630 $0,000,001 to$10,000,000 $840 over$10,000,000 $980 1-9 FAILURE OF PAYMENT* If,, without fault on the part of the Contractor, the EC:M should fail to issue any Certificate for rio"ir Payment within seven days after receipt of the Contractor's Application for Payment,if the Contractor`s Application for Payment,or i; if,without fault on the part of the Contractor,the Owner shouild fail to approve such estimate or to pay to the Contractor 90%or 95% (as applicable)of the amount thereof within the period of time specified, then the Contractor may, upon,seven,(7),days additional written notice to the Owner and to the Architect,stop the Work until payment of the amount owing has been received. 1.10 SUBSTANTIAL,L,COMP'LETI!ON 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 r Contractor and prepare a"Preliminary Punch List"'. When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion G704 which,when approved by the Owner,shall allow the Contractor to request a Certificate of Occupancy p all establish the Gate of Substantial Complet" p hall state the responsibilities of the Owner sand the Contractor for maintenance heat utilities,ion. The Certificate of Final Completion s w . es,an insurance,shall set forth the remaining,work as SK r a"final punch list"".The Contractor shall complete the remaining work listed therein within 00 calendar days. When the Certificate of Occupancy has been issued,the retaainage will be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2,5%. ,should the Contractor fail to complete all contractual requirements of the contract,including submittals and final pay request within the fixed tame,the contract time will again commence. ;Should the Contractor fail to complete the work within the contract duration, p liquidated damages will be assessed 1 Upon receipt of written notice that the Work is ready for final inspection,the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor.. The Contractor shall submit the following items to the City prior to requesting final payment. 1 Contractor's,Affidavit of Payment of Debts and Claims G700 stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the"work for which the Owner or his property might in any way be responsible,have been paid or otherwise satisfied, 2) Consent of,surety to Final Payment G707 ,if any,to final payment,... 3) Contractor's Affidavit of Release of Liens a(C700A,and, 4 Other data establishing payment or satisfaction of all such obligations,such as receipts, releases,and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner.. 51 Contractor's Warranty i 6 Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8} Final acceptance by the City of Fort Worth. . If gray Subcontractor, materia�lm�an or laborer refuses to furnish a Contractor's Affidavit of release of Liens,the Contractor may,, at r the election of the Owner,furnish a bond satisfactory to the Owner to indemnify him against any right,claim or lien which might be asserted by such Subcontractor, maateriaaalmn or laborer. If any such right,claim or lien remains unsatisfied after all'payments are made..The Contractor shall refund to the Owner all monies that the latter may be compelled to p;ay,to discharging such right,claim or lien,including all costs and reasonable attorney's fees. 11 01 PF General Conditions for Facility Construction Lumipi Sum Contract� � Page 18 of 27 a Renovate,auditorium Theatrical Lighting System at "ill Rogers Memorial Center(September 2012).- REVISED 6DEC12 �ai�Jt!uaw 1 i i 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. ,p The Contractors one-year warranty wwilii commence upon final acceptance of the Project by the City of Fort Worth, The designated representative of the City Council of the City of Fort `'worth will make final i acceptance and no other forma of acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 FINAL.PAYMENT FOR UN-BOLDED PROJECTS: Final payment will net be made for a(period of 30 calendar days and untiil all requirements have been met,with the exception of Consent of Surety for Final Payment, SECTION',Ji PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with:the Work.The Contractor shall designate a responsible member of his organization at the site whose duty shall be the prevention of accidents.This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J'-2 SAFETY OF PERSONS NS AND PROPERTY: The Contractor shall tape all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage,injury or loss to: 1) All employees on the'work and all gather persons who may be affected thereby- (2) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors,and ( ) 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 . rebuild,repair, restore and make good,at his own expense, l injuries or from the non-execution of the Work.-il-he Contractor shall r nse al r. 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, Mules, regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from darns e, injury or loss. He shall erect and maintain, as i y p p p y p t �' required by existing conditions and progress of the Work., all reasonable safeguards, for safety and protection, including posting danger signs and other .warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work,the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any ;subcontractor,or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of there may be liable, shaall,be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable,and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part olf the Work to be loaded so as to endanger its safety. J_, HARD HATS: Hard Hats,will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor,employees and visitors.Contractor shall provide tern hard harts for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES:CIES: In any emergency affecting the safety of persons or property,the Contractor shall act at his discretion to prevent threatened damage, injury or loss.. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-51 SAFE W01RK PRACTICES,,*, Thee Contractor shall employ safe practices in handling materials and equipment used in work performing required so as to insure the safety of his workmen,City employees and the public. The Contractor shall keep the premise free at all times from accumulation of.waste materials or rubbish. At the completion of the .work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. General Conditions for Facilit y Construction struction bun `u Sum wage g of 27 Renovate Auditorium Theatrical Lighting System at Will Rogers )Memorial Center(September 2012). REVISED,6DEC12 j rim", Ir/ I;Iri J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal regui�res,the Contractor shall include a per-u!nit cost for trench safety measures in his bid. If not included in the Proposal, the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values.. SECTION K-INSURANCE K-1 INSURANCE F E 11UIREQ The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City,of Fort"berth, nor shall the Contractor a Subcontractor has allow any Subcontractor to commence work to be performed under this Contract until;� similar insurance of the Su�bcont been so obtained and approved. The City of Pert Worth will be listed as an additional insured" on all policies except Worker's Ali Compensation. low K-2 WORKERS"COMPENSATION INSURANCE 1 General a) Contractor's"worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers,compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating,that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner(City), rr c By signing,this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who, will provide services on the project will be covered bly worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification codes and payroll amounts,and that all coverage agreements will be filed with the appropriate insurance carrier or,in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, cri ,inaal penalties, civil penalties or other civil actions, r d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the !' City to declare the contract void if the Contractor does not remedy the breach within ten dams,after receipt of notice of breach from the City. u, ) Definitions: a) certificate of Coverage rrcertificate"). A copy of a certificate of insurance,a certificate of authority to self-insure issued by the Texas Workers'Compensation Commission,or a coverage agreement(TWCC- 1, T CCC- 2, T`WCC- 3,or TWCC- '4), showing statutory, workers compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project, b Duration of the Project. Includes the time from the be inning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City, c) Persons provid'ing services on the project("subcontractor"in section 406.096)-includes all personas or entities performing r l p the services the Contractor has undertaken to perform on then project,ject 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 beveraa e vendors,office supply deliveries,and delivery of portable toilets. 3) requirements ,r aa) 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 Contractors current certificate of co g n of the project "� � coverage ends Burin the duration , the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended, d The Contractor shall obtain froi n each person providing services on as project,and provide to the City. General Co nditions for Facility Construction Lump,Sun Contract Page 29 of 27 Renovate Auditorium Theatrical Lighting System,at Will Rogers Memorial Center(September 2012).,.REVISED 6DE 1 IN i r i) a certificate of coverage,prior to that person begiiinning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project;and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter,. f) The Contractor shell notify the City in writing by certified mail or personal delivery,within ten(10)days after the Contractor y knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project.. g) The Contractor shall post on each project site a notice, in the text,form and manner prescribed by the Texas Worker's All Compensation Commission, informing all persons providing services on the project that they are required to be covered, a and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project,to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor Code,Section 401.011(44)for all of its employees providing,services on the project,for the duration of the project; ii) provide to the Contractor, prior to that person beginning work on the project,,a certificate of coverage shoeing that coverage is being provided for all employees of the person providing services on the project,for the duration of the project; iii) provide the Contractor, prior to the end of the coverage period,a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project; AV 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.(1 0)days after the person knew or should �y have known,of any change that materially affects the provision of coverage of any person providing services on the project;and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i),-vii),with the certificates of coverage to be provided to the person for whom they are providing services. 4) hosting of Required'worker's Compensation Coverage a) The Contractor shall post a notice on each project site informing all persons,providing services on the project that they are required to be covered,and stating how a,person may verify current coverage and report failure to provide coveragle.This notice does not satisfy other posting requirements unposed 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 paint bold type and text in at beast 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 fallowing text,without any additional words or changes: NiREQUIR D WORKER'S COMPENSATION COVERAGE �. The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials or providing labor or transportation or other service related''to the project, regardless of the identity of their employer or status as an employee"'. Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information, on the legal requirement for coverage, to verify whether your employer has provided the required coverage,or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during; the term of this Contract such Liability Insurance as shall protect him,the City,of fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,including blasting,when blasting;is done on,or in connection with the Work of the Project,whether such operations be by himself or by any subcontractor or by anyone directly or indirectly enployed by either of them and the limits of such insurance shall be not less than the following- 1) Automobile Liability: $1,0100,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on'zany auto"' including leased, hired, owned, non-owned and borrowed vehicles used in connection with this Contract. y Lump um Contract Page of 2 �1 p General,Conditions p"a e2 1 s four Facility construction � � REVISED Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center September 2012).,. �EC1 e If 2) Commercial General Liability. $1,00O,,000 each occurrence. Coverage under the policy shall be as comprehensive as that lyli� provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and' the policy shall have no exclusions by endorsement unless such are approved by the City. 3 Asbestos Abatement Liability Insurance:'ashen the Project specifically,requires the removal of Asbestos Containing Materials, the Contractor,or subcontractor performing the removal, shall be required to maintain Asbestos Abatement.Liability Insurance as follows: $1,000,000 per occurrence; 2,00'g1,000 aggregate limit.. The cover .shall � p age � Il include any pollution eac osure�, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K- in the Proposal or Invitation,the Contractor shall procure, pay �LI'll'_�� 1�1� I �l'�I� C�� Unless stated otherwise q against the ' q,windstorm,, Insurance perils of fire, 9 p or and rr�rrraint�arn at all'.....times during the terra o this Contract,Builder"s Risk la htnan hurricane, hail,riot,explosion,civic commotion,,mol e,aircraft, land vehicles,vandalism,and malicious mischief,at a limit equal to 100%of the Contract Sure. J The p o is y shall include coverage or materials an supplies aes w �� e in transit and while being stored on or of site. If specifically required in the Instructions to bidders, the policy shall include coverage for flood and earthquake. Different sub--limilts for these coverages roust be approved by the City.. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall'be covered" r r Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSU ANC E*. The Contractor shall provide a"certificate of insurance documenting the Transportati on and public Works Department,City,of Fort Worth as a"Certificate bolder,and noting th e specific projects covered s insurance one certificate may be required of the ,�� by the Cont�ractor' ce as documented on the certificate of insurance. More than o Contractor depending upon the,ageants and/or insurers for the Contractor's insurance coverages specified for the projects. K-6 OTHER INSURANCE RELATED REQUIREMENTS 1 The City of Fort Worth shall be an additional insured,by endorsement,on all aapplicaable insurance policies. 2) Applicable insurance policies shall each be endorsed with a ww a,iver of subrogation in favor of the City of Fort Worth, 3 Insurers of policies maintained' by Contractor and its subcontractor(s),, if applicable, shall be authorized to do business in the r State of Texas,or otherwise approved by the City of Fort Worth,and such shall'be acceptable to the City of Fort Worth insofar as their financial' strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least ANII, as stated' in current edition of A. M. Best's Key Dating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. r ) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort Worth,as respects this Contract. b The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation non-renewal or material change in coverage re y y p , � g 9' guarding any policy providing insurance coverage required in this r ` Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. I The Contractor p rovide certificates of insurance to the City prior to commencement if operations, pursuant to this J r Contract. Any failure on part of the City of Fort' forth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. The City of Fort Worth shall be entitled,upon request and without incurring expense,to review the insurance policies including endorsements thereto arid,at its discretion,to require proof of payment for policy premiums. r g) The City of Fort Worth shall not be responsible for paying,the cost of insurance coverages required herein. r g Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided f to the City in a timely manner. 11 "Other insurance"as,referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained'by the City of ort'Worth.. f 1 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, r General Conditions r Facility Construction Lump Sum Contract _ for ct page 22 of 2 t Renovate Auditorium Theaaatricaaal Lighting System at Wall Rogers Memorial Center(September 2012)..R EV YS E D 6DEC1 Pro r ,f i SECTION L CHANGES IN THE WORK �r L-1 CHANGE ORDER The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions,deletions or other revisions,the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents, .. A Change Order is a www(i ten order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of the Contract,authorizing!a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract,Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions,or by request of either the Contractor or the City, shall be coordinated with the Director, Department of Transportation and Public Works. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the!Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1 by mutual,acceptance of a lump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon,or 3 by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon,the Contractor,provided he receives a Change Order,shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contralctor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases,the Contractor shall keep and present, in such form as the Architect shall prescribe,an itemized accounting together with appropriate g ruination of cost to the Owner, payments on account shall be made on the supporting data Pending final determination ,architect's Certificate cate of Payment as approved by the Owner. If after the Contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope of the work,Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing:. The,architect shall review the price quotation and' if approval is recommended, forward the proposed change order request and fss° price proposal to the Owner for approval. If approval is not recommended,the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-excelled figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. Contractor is advised that according to City of Fort Worth Charter,that,,the City Council must approve all Change Orders and"Fork Orders which results in an increase in cost of the contract amount by over$ 1,000. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. J' If unit prices are stated in the Contract Documents or subsequently agreed uip!on,and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of'work proposed will create a hardship on the Owner or the Contractor,the applicable unit prices shall be equitably adjusted to prevent such hardship. If the Contractor claims that additional cost or time is involved because of 1)any written interpretation issued pursuant to Section A, C2 any order by the Architect or Owner to stop the Fork pursuant to Section E, where the Contract was not at fault, or 3 any written order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIlwralS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract f% Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim.This notice shall be given by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in p g yen' g �� g !� p p y p accordance,with Section J. µ No such claim shall be valid unless so made. Any change in the *Contract Sum or Contract Time resulting from such claim, if r approved by the Owner,shall be authorized by Change Order.. L-3 OVERHEAD ALLOWANCES"ANCES FOR CHANGES: Should,any change in the work or extra work be ordered,the following applicable percentage shall be,added to,Material and Labor costs to cover overhead and profit: � 1 Allowance to the Contractor for overhead and profit for extra work performed by the Contractors own forces shall not exceed fifteen percent(15%). 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed!ten percent 10% General Conditions for Facility Construction Lump Sum Contract Page 23 of 2 Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center(September 2012),,.REVISED 6DEC 12 a /r J. a� -q MINOR CHANGES IN THE FORK: The Architect shall have authority to order minor changes in the'"Fork not involving an adjustment in the Contract Sun or an extension of the Contract.Time and not inconsistent with the intent of the Contract. Documents. Such changes may be effected by Field Carder or by other written order. Such changes shall be confirmed'in writing by the architect and shal'I be binding on the Owner and the Contractor. y issue written Field Orders which interpret the Contract documents which rder �-� I=��'�. C3�M�EI� `� The architect ma iss � ,or w�r'hi minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shal'l' carry out such Field Orders promptly. j), SECTION, UNCOVERING AND CORRECTION'''O 'OR M-1 UNCOVERING ERING CAF WORK,, If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered,the architect or the Owner,may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications,the cost of unc overing and replacement shall,by appropriate Change Order,be charged to the Owner. i 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 RRECTION C 1=WORK:: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform, Specifications whether observed'before or rrrw o the Plans and after Substantial Completion and whether or not fabricated, t rr 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 mate of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any,applicable e s p ecual guarantee require by the Contract Documents,any of the work is found to be defective or not in promptly p . to act Documents„ written notice frorru the Owner accordance with,the Contract the Contractor shall correct�t after receipt o a do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. All such,defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the r work shall'be corrected to comply with the Contract Documents without cost to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not play the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell private sale and shall ac proceeds thereof,after deducting all the costs that should'have >> � such work at auction or at count for the net been borne by the Contractor including compensation for additional architectural services, If such proceeds of sale do not cover al costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments there or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shali pay the difference to the Owner. rf If the Contractor fails to correct such defective or non-conforming,work,the Owner may correct it in accordance with Section C. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obligations imposed upon him Vr by special guarantees required by the Contract Documents or otherwise prescribed by law. fr M.3 C�l,� NCI"-� CII�+C�wRlll�C� 1 'CI�I ,: if the C�w�wrwe�r prefers era accept defective or n+on- �C`EI°�T,p�IIC�� C �E�E'CTI�"w� ; conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the r, Contractor. SECTION N TERMINATION OF THE CONTRACT Y N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction,through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor,or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to snake payment thereon as provided in Section I,then the Contractor may after the end of such period of 30 days and upon seven additional days"written notice to the Owner,terminate the Contract, l% ; General Conditions for Facility Construe p � _... � .. 9 � ._..�... Construction 4 of 27 f.urn burn Contract Page 2 Renovate auditorium Theatrical Lighting System at Will Rogers Memorial Center(September 2012),.. E ISEED 6DEC1 . 0 N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt,or if he makes a general assignment for the benefit of creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is provided,, to supply p enough properly skilled workmen or proper materials„ or if he fails to male prompt � payment to Subcontractors or for materials or labor,or fails to comply with:al Lawns, 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 g y after giving the Contractor and his surety, if any,p seven 7)days'written notice, terminate the employment of rights,or remedy and I possession of the site and of all materials equipment,ment tools construction equipment and machine thereon the Contractor and take � p s � iY 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 Fork, includin compensation for the Architect's additional services,.exceed the unpaid balance of the Contract,the Contractor shall pay the difference to the Owner, The City of Fort Worth may terminate this contract in whole,or from time to time, in part,whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a note specifying extent to what performance of the work of the contract is being terminated and the effective date of to mi�nat on.inAfter receipt t of termination the P p Contractor shall: aa) Stop work under the Contract on the date,and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above,the City will pay the Contractor a proportionate part of the contract price based on the work completed„ provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if,any otherwise made. Contractor shall submit its claim,for amounts,due after termination as provided in this paragraph within 30 days after receipt of such cllaim. In p controversy as to the propriety o y y portion of such claim under"this paragraph, %P the event of an dispute or contra r alNowrwabilit of all or an o such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth,and the decision by the City Council of the City of Fart Worth shall be final and binding upon all parties to this contract Owl SECTION'S O SIGNS The Contractor shall construct and install the project designaati+on 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,Ease Bid for the Project. SECTI ON P, TEMPORARY FACILITIES P-1 SCONE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract,including those shown and specified. i P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and! most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in as proper, safe operating and w sanitary condition for the duration of the Contract. Upon completion of the Contract,all such temporary work and facilities,shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND 'I"IED: The Contractor is not required to provide a temporary field office or telephone for projects under$1,000,000. Contractor shaalll egluip the Project Superintendent with a pager and provide 24-hour contacts to the City. fs�. The Contractor shall provide a temporary field office building for himself,, his subcontractors and: use by the Architect.. For construction contracts with a bid price in excess of 1,000,000.001, the Contractor shall provide,aa separate field office for the City's field representative the separate office may be in the same structure). The buildings shall afford protection against the weather, P bust t. g p and each office shall have a lockable door„at least one window,adequate electrical outlets and lighting,and a shelf large enough to accommodate perusal of the project drawings, Openings shall have suitable locks. Field offices-shall be maintained for the full time during the operation of the work cif the Contract. Curing cold)weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday. During,warm weather the offices shall be equipped,with an air conditioning device to maintain temperature below 7'5 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field General Conditions for Facility Construction Lump Sum Contract Page 25 of 27 Renovate Auditorium Theatrical lighting System at Will Rogers Memorial Center(September 2012)...REUSED 6DEC12 S %j f< �1 j representatives office:one deck,four chairs,plan rack and a four drawer filing cabinet(with lock). Each office shall contain not less IfF than 120 square feet of floor space" ;= The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his use.Location of sheds and trailers shall be as approved by the Owner,remove sheds when work is completed,or as directed. P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described above.Services " p provide for and play for an _ rovu automatic tale home an ennatne for the duration of operations under thus contract,The Contractor.shall p device at the site office for the duration of the project. Contractor will install separate fax lines and instruments for the City and the Contractor. f` p,_6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project.. P-7 UTILITIES: Contractor shall make,all necessary arrangements and provide for temporary mater and electricity required daring the construction. Contractor shall provide and install temporary utility meters during the contract construction period'. These r�' meters f will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required zll to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines.. Only utilities at existing voltages,pressures,frequencies,etc.will be available to the Contractor.. f' 'later. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required ,part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures.. r Electric.Service, Provide adequate electric service for power and lighting to all points where required. Temporary,electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines,lights,heating plant,air conditioning!system,pumps,and other work required.Provide sufficient nurnber of electric outlets so that 50 Boot long extension cord's will reach all work requiring light or power. LLqn . Supply and maintain temporary lighting,so that work of all trades may be properly and safel y p erformed,in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting i per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least'I gg-watt lamps., in any event,the lighting intensity shall'not be less than 5 foot candles in the vicinity of work and traffic areas. P-8 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials.,and to beep the humildity down to the extent required to prevent. ;sion of any metal and o prevent dampness or mildew w h!ich i potentially damaging to material's and finishes. All such corm otent heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall provide heat ventilation prier and during the fallowing work operations as follows.- a At all times daring the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b From the beginning of the application of drywall,and during the setting and curing period,provide sufficient heat to produce a. temperature in the spaces involved'of not less than 55 F c For a period of seven 7)days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than 60 F. P_g TEMPORARY G l►Ir STRU+CTION' EQUIPMENT AND PROTECTION..* The Contractor shall provide, maintain, and remove upon completion of the work al,l temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, f; 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-contrauctors. The Contractor shall provide,, maintain,and remove upon completion of the work,or sooner,if authorized by the Owner,all fences„ lop barricades, lights, shoring, pedestrian walkways, temporary fare escapes, and other protective structures or devices necessary for r' 1 the safety of workmen,City employees,equipment,the public and property.. BF All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of' the authorities having jurisdiction,including insurance companies,with,regards to safety precautions,operation and fare hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground,seepage,rainfall,drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as pgossibile to do so. If this is not feasible, rmaintain a night General Conditions for Facility Construction.. _��. ....,�._.._ ......, n. Lump Sum Contract Pa ao g 25 of 27 Renovate Auditorium Theatrical Lighting System at''Fill l ogers Memorial Center(Septer�uber 2012)... REVISED l l�C I2 �r J911�� i The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside t of'work under this Contract. Such protection shall be positive,shall meet the elements, dusts, and other disturbances as a resin p approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection J% as specified. P"-10 PROJECT BULLETIN BARD: The Contractor shall furnish,install and maintain during the life of the project a Bather- g approximately�'feet high by�feet wide having less sliding glass doors with provisions for tip iht bulletin board app tale vin i not �than two hinged or locking. The bulletin board shall be mounted where and as approved'by the Owner,in a prominent place accessible to employees of the Contractor and snub-contractors, and to applicants for employment. The bulletin beard shall remain the property of the Contractor and shall)be removed by him upon completion of the Contract work. The following information which will be furnished by the City to the Contractor shall) be posted on the bulletin board and shall) be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Foster and Notice Nondiscrimination of Employment(Standard Form 38). b, "image Rate Information Foster Form SOL 1551),with the Contract Schedule of rninirnum"swage rates as required by the Davis-Bacon Act. C. Safety Fosters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. 1, 9 y p Contract Page 2 of 27 General Conditions for Facility Construction hum Sum g i"rt Contra Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center September 2012), .REVISED 6DEC1 f f CITY OF FORT WORTH r TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 r r Renovation f the Will Rogers Memorial Center Theatrical Audio, System f; r r Request for Proposals Submittal Cate: December 13, 2012 O CHANGE) f The, Request for Proposals for the above project is hereby reprised and amended as follows: 1. Attached is the BALI response to an RFI submitted for this project. Acknowledge the receipt of this Addendum No. 2 on your Proposal. Douglas W. Wiersig, PE DIRECTOR,T NSP" TATI N &PUBLIC WORKS DEPARTMENT a By** r Ronald Clements,AIA Project Manager Facilities Management Division isien 1 -392-8014, FAX 1'7-3g�2-8488 to PIR r RELEASE DATE-. December 4, 201 J r f r i r; f 1 , r: Renovation o the W'ill Rogers Memorial tenter Theatrical Audio,System ddendurn No. 21 December 4, 2012 Page 1 of 1 M r d 4 010 6 �Ii st us 87 ,m 62 4 � 33 464 ax, 5,12-476-91442 wb C Memorandum JI To: Ronald Clements, AI , BAi Project : 5585 Date- 1129/12 f City of Fort Worth Project I sue: Will Rogers Memorial Auditorium t 401 'west 13 Street Sound System Replacement Fort Werth,TX 76,102 RFI Response 817- 2 'i From: Robe Lee E-mall: no ert a1aus 1n. o The following is a response to RFI No. 12-726-00l.- Question 2: Section 2.5. —The specifications cations require that we provide irmics and related devices for multipurpose,use." What are the specific devices(make, model, and quantity)required to meet this specification? Answer-, The devices required to meet specification section 2.5.A are listed under 2.5.B. -End of MJI emo- ,q, 1��u, i 7 CITE" OF FORT WORTH �f TRANSPORTATION AND PUBLIC WORKS DEPARTMENT l ADDENDUM NO. 1 j,,. Renovation the Will Rogers Memorial Center TIC ea-trica1 Audio System , Request for Proposals Submittal Date: Decem,bler 1 , 201'2 NO, CHANGE) r The Request for Proposals for the above project is hereby reprised and amended as follows.- 1. The Pre-P'r 1p sal Attendees List is attached. 11 2. Addendum One from BAI Is attached. Acknowledge the receipt f'this Addendum No. 1 on your Proposal. l Douglas W.Wiersig, P DIRECTOR,TRANS PORT TII N & PUBLIC'WORKS, DEPARTMENT 1 Ronald Clements.AI . Project Manager Facilities Management ement Divisionu 817-392-80141 FAX 1 -392-8488 RELEASE CRATE: November 29,, 2012 Iff f r rr, t Renovation of the Will Rogers Memorial Center Theatrical Audio System FR Addendum No. 1, November 29, 2012 Page 1 of 1 JI 1 x x -lr� .0 1 f .• kecg Ilse i A(07*Iflow.A054 tOI 4�,L C 2,31 f5 cl Isp, WTI 17, �"-7;L-�p y i a. %r 1 x i - 107A iti. fo� i goJerl lee, i 64, A AIR[ %%N T ;7 2,2,3 "Ji �x 4elv'orm zoe ' )c>,.rc e W "w i rlv„ r f 0' r. „A rk r' i N t) r! . 1:� 1 MI .� A NI ,, ! 0 3 M A II 1 T , C 1 0 G I y, Memorandum All To: Ronald Clements, AIA BAI Pro] J% City of Fart rth Project Naas: ill Rogers rs I ria udi oriiuM 401 "feat 131h Street So,uind System Replacement 17 Fort Worth,TX 76102 Addendum m 817-392-8014 From: Robert Ike E-mail: robs rt ba'austi un.co The following are addendum items it the Construction Documents are Specifications ors the Soured f 9u, System Replacement at A: 1. Clan icy i u All power(panels,, c unldu iiit,conductors,are devices)shown our E -001 EAV-001 are in separate bid package and will be in place before the sound system replacement is set to I blegin. 2. Cl ri lca i ru All conduit and back boxes associated i t audio signal, as h n on V-003, are part of hl its 'bird package. 3. In Specification dire 2741 OI 0, add the following., The sound contractor shall have a staff em is art o the OF installation team),with a SS Sou ndweb London Level 2 Certification are s taken a i1 et System Architect training course. f -End of e m - 1 1 f t IF% t THE CIT'Y OF FORT WORTH, Renovation of the Will Rogers Memorial Center Audio System i Project Number T J B�E�TS PR110E TOM. HIGGINS MAYOR CITY MANAGER Douglas W. Wiersig, PE Director, 'Trees o n & Pubtic l Kirk: Slaughter Director, Public Even s Department BAi, LLC 7 7 November 2,012 7 4 �L. Renovation of the Will Rogers,Memorial Center Audio System November 20:12 J' i NOTICE To OFFERORS Proposals for the renovation of the Theatrical i Audio System at the Will Rogers Memorial Center located at 3401 West Lancaster Ave., Fort worth,w%II be received at the Pu!lrc has 1ng office, City of Fort Worth, 1 000 Throol rnorton, Fort Worth, 76102, until 1:3 "l., Thursday, December 13, 2012, and will be opened and publicly read aloud' approximately thirty minutes later in the Council Chambers. rt, After evaluating the Proposals submitted, the City,shall select the Offeror that offers the Best"value to the City and enter into negotiations with that offeror. The City may discuss with the selected C fferor bons for a scope or ti me modification od i �" and any price change associated with such modification. Conference will be held)at 110:00 Tuesday, row+embNer 27, 012 at the Will Roger's ers ��. Pre-Proposal f Miernorial Center Auditoriu m, located at 3401 W. Lancaster Ave., Fort""worth. The offers will be valid for ninety calendar days. Estimated, construction cost is,in the$500,00O range. J There are no Alternates. t As of June 1,2012, the City of Fort Worth is implementing the new,Business Diversity ordinance o to reflect the City's availability and disparity study findings and recommendations. f The MBE participation Requirements for this project are waived Offerors must submit a bid bond with their proposal". offerors to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. ®r or Architect who can then inform rf , o, irt.tend to submlt a proposal, inform the fro eo t Manager interested subcontractors. General Contractors and Suppliers may male copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City but r may be viewed and printed on-line by logging on to http,s:// 'lectpoint.buzzsaw.com/fortworthgov with the 'User Name"Cowtov n"y Password "Cowvtowvn2004", and click on "TP Facility Projects". Contact the project Manager, Donald :lernents, at(817 392-8014 or Email Ronald" :lements fortworth ov"or for assistance. IMF, For,additional information contact Robert Lee all with Ai, LLC ,215.519,4 580,o, or email robert baiaustin.co , 1 Advertisement: Novern ber 8,2012 r November 15, 2012 l Renovation of the Will Rogers Memorial Center Audio System 2 November 2012 f TABLE CONT'EN'TS NOTICE TO OFFERORS TABLE OF CONTENTS INSTRUCTIONS TO OFFE,RORS PROPOSAL TEXAS SALES AND USE TAX EXE 'T"I I" CE TI FICAT E WAGES DATES WEATHER TABLE CONSTRUCTION CONTRACT owl, PAYM E ITT BO N PERFORMANCE BOND CERTIFICATE OF'INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' 111 ENSATION LAS PROJECT SI:GNI J. 6 i %F arm, Renovation of the Will Rogers Memorial Center Audio System November 2012 l r, INSTRUCTIONS TO OFFERORS 1 PROPOS L REQUIREMENTS, The following requirements shall be used in the preparation of r; the response to this Request for Sealed Proposals: Use the Proposal Form provided i below. o Entries on the proposal Form may be handwritten or typed. J, Write in contract duration if not specified. Acknowledge all addenda on the Proposal Fora. Have a Principal sign the Proposal. If the offeror is a corporation, the president or a vice- president roust sign the Proposal. If the offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal'. Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort worth, in an amount of not less than five 5% per cent of the total of the hid submitted.. In order for a surety to be acceptable to the City, the surety must hold a certificate of authority from the Untied States Secretary of-t e Treasury to qualify as a surety on obligations permitted or required under federal law or ran have obtained reinsurance for any liability in excess of u.� J $100!,O00 from a reiinsurer that is authori ed and admitted as a reins,urer 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 perrnifted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The city, in its sole discretion, r will determine the adequacy of the proof required herein. PIP 1 A.. SELECTION OF CONTRACTOR: RACTOF 1, The City shall select the offeror that offers the best value based upon the followi,ng criteria and on its ranting evaluation. In determining the Best"value offeror, the City will consider: 1 Proposed se cost 6o1 he owest price res responsive proposal will receive 6 points or this rating r criteria.. Higher raced proposals will receive (proportionally lower scores. When compared to the r lowest price, the higher priced proposal will have its score reduced by one percent for every percent it is higher than the lowest price. The score will be rounded to the nearest whole yD„ number. i 2. Proposed project schedule 20% The estimated performance periods is in the 45 _ 60 calendar range. The notice to Proceed will be issued to the contractor in the January 20131 — February 20,13, tirnefrarme to submit F1's and shop drawings, and to order equipment and materials.. The available dates for the renovation work is from Monday, June 24, 2013 to Friday, August 31 2013. The work must be performed within this timeframe. Proposals with a proposed schedule 0 within this range will l receiv e o for thus rating criteria. Proposed schedules t at are shorter y no f more than 20% of the estimated performance period, w�will also receive 20 points. For all other proposed performance period's, the points awarded vwill 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 selected contractor will coordinate and work with the City staff during the construction period. The selected contractor will accommodate the event schedules, on a case-by-case basis with the acceptance of the extension of contract time at no additional cost to the owwner. Renovation of the Will Rogers Memorial center lie system II I cve ber 2012 t,, r 3. Reputation and experience of the offeror as demonstrated by listing past and present Audio projects~here 24/7 service is provided, and references with names and telephone numbers, and list of subcontractors, if applicable(1,o 4. offeror's past relationship with the City of Fort Worth 10%). if the offeror does not have a past relationship with the City, the offeror will receive 5% for this item, 5. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero, regardless of how many points could have been earned in the other categories. After ranking the responses to the RFP, the City shall first attemi�pit to negotiate a,contract with the selected offeror. The City and its architect may discuss with the selected offeror options for a scope or time modification and any price change associated with the modification. 01y111 If the City is unable to negotiate a contract with the selected offeror, the City shall, formally and in waiting, end negotiations with that offeror and proceed to the next offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY AND WOMEN BUSINESS ENTERPRISE BQ(BEST VALUE PROPOSAL, The M BE Participation Requirements for this project are waived. k i 3. BID SECU ITY Cashier's check or an acceptable bidder's bond payable to the City or Fort Worth, in an amount of five 5 per cent of the bid submitted [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails 4115, to execute the contract documents within ten 10 days after the contract has been awarded., The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal, not being considered for this project.. Bidder's bond)will be returned if the City fails to award the contract within 910 calendar days of receipt of bids, unless the Bidder agrees to an extension. The surety rust be licensed to do business in the state of Texas. 4. FA MENT BOND AND, PERFORMANCE BlO ND,-, For projects in excess of $25,0001, the �f successful bidder entering into a contract for the work will be required, to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided hereunder shall meet uded and the surety shall be acceptable to the pity. All bonds furnished � r, he requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City,the surety must 1 hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or 2 have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the Mate 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 oblligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request* The City, in its sole discretion, will determine the adequacy of the proof required hereirlu. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which acre interested i in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City If the total contract price is$25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been competed and accepted by the City. Renovation of the Will Rogers Memorial Center Audio System November 2012 1 J r If the contract is in excess 25,000a 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., l r If the contract amount is in excess of$100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection t of the city"of Fort Worth. 5. P,RE,-BID SITE INVESTIGATION: Prior to filing a response, the bidder shall o amine the sites)of f the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the �u bidder shall be considered evidence that it has complied with these requirements. J 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 f. proposal. 7. WAGE RTES; Not less than the prevailing wage rates sot forth in contract Documents must be paid on this project. 8. POST BID - PREAWARD SUBMITTALS: offerors are required to submit the following information to the ,architectural Services Division, Facilities Management Group, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-8088), within five business a s ifIFF subsequent to bid o enin (normally call by �: o M the next Thursday following a Thursday bid' opening y 1 opening), in order to assist. city staff in determining the contractors capability of performing the work and in meeting city contract requirements: For contractors Qualification Statement(AID,Form A305), including client references. Proposed Subcontractors and Suppliers Project Schedule Schedule of' '"aloes or Divisions 1 through 16 breakouts 1 Proof of insurability for Statutory Workers compensation Insurance 9. PROPOSED SUBCONTRACTORS.- Acceptance of the bid in no way, requires the t to o accept. the qualifications of the subcontractors.. The Subcontractor lusts are for use by the city in preparing recommendations for award of the contract. The contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10DISCREPANCIES,AND ADDENDA.: Should a offeror find any discrepancies in the drawings and specifications, or should it be in J doubt as to their meaning, it shall notify the city at once. If required, the city will then prepare a written addendum that will be available to all offerors at the place designated for distribution of Sid Documents by the Notice to offerors. The contractor is responsible. p "ble for determining if addenda are available and for securing q co pies p rior to submitting a response t o this request for sealed bud's., oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure, of the wrur contractor,to include work c.alle�d for in the addenda. r r Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the contractor's responsibility to obtain Addenda and include its information in the Proposal. Renovation of the Will Rogers Memorial Center Audio System November 2012 PIP ,r 11.. WORKERS Co N'S TIO INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working dais of bid opening 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under louse (Bill 11, enacted august 15, 1991. 13.. PERMITS: Contractor ,shall apply for all City of Fort Worth Permits and for any other permits required by this project City,of Fort Worth Building and' Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES, AND IM'B"AC"'1"' FEESW The City will pay water and sewer utilities tap, fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for coordinating with City,and utility companies for installation of utilities.. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building sidle of the water meter and sewer tap. 15. BID DOCUMENTS:'TENTS: and copies of bidding documents can be downloaded and printed by the Offeror. 116. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature an quality will e considered.� p on �W 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 spec�ification section 01630 Product Ila Options and Substitutions. 17. TESTING � CES- The City shall provide for, independently of the contractor,, the inspection services, the testing of construction materials eng,ineerinq, and the verification testing services necessary for the acceptance of the construction wort . 1 . PROJECT SCHEDULE., The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation wort , structural) erection, interior finish, corn mission inq, and closeout. The Schedule may be submitted as a table or PERT"diagram. Renovation of the Will Rogers[ ermorial center Audio System November 2012 i f Q l PROPOSAL i%' TO MR. TOM HIGGI S CITY MANAGER Iry T : PURCHASING OFFICE 1000 TH ROCK O T N CITY OF FORT WORTH, TEXAS FR�� Renovation of the Will' Rogers Memorial' Center Audio System r 3401 West Lancaster Ave. Fart Worth,Texas Project lie, -r 2 '2-16 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby IFFIF proposes to, de all the work and furnish all labor', equipment and materials necessary to fully complete ell the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Forks of the City of Fart Worth. l �r Upon acceptance of this Proposal by the City Council, the bidder is hound to execute e contract end, if the contract amount exceeds $25,0100.00, furnish acceptable Performance and/or r1111/lEr Payment fiends approved by th e City of Fort �rth for perform, ccnpletin the Work, within the time stated and for the following sure, to wit: DESCRIPTION F ITEM'S 11T Base Proposal $ 335 , . f Completion within 4 0 calendar days after date of Notice to proceed. r f J ' The undersigned agrees to complete the Work within the cclender days specified above after the f date of Notice to Proceed. A F'rc ect SchedUle will he submitted as repaired in the ►nstructions to Offeror. The, ity, reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and these of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to `the undersigned are not discriminated against as prohibited by the terms f' of City Ordinance 7278 as amended by City Ordinance 740 (Fort 'worth City Code Section L 3A-21 through 3,A,-29)., Residency of Offerors: The 1 985 Session of the Texas Legislature passed' house Bill 620 relative to the, award of contracts to non-resident bidders. The lave provides that, in order to he awarded a contract as lour bidder, non-resident bidders(out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that hid projects for construction, improvements, supplies or services in Texas, at an amount lower than the lowest Texas resident Renovation of the Will Rogers Memorial Center Audio System November 201 �f .. l i bidder by the same amount -hat Texas resident bidder wo'u'd be required to underbid a non resident bidder in order to obtain a comparable contract in the state in which the 9 n r r s den "s principal place of ' amass is located. The appropriate blanks In Section A roust f be filled out by all nor-resident bidders In order for your bid to meet specifications. The failure,re, o out of state or non-resident bidders Failure to complete the forms may d'i'squalify that bidder. Resident bidders, must checks the box in Section B. A.Mfr _) Non-resident verdcrs in (give state), our principal place of business are required to be percent lover than resident hi bidders by state later. 1_I Non-resident vendors in. (give state), are not required to underbid resident bidders. B. I our principal place of'bu sines or corporate offices are in the IF" State of Texas Within ten (11 0) days of receipt of notice of acceptance of this bid, the successful bidder will If execute the formal contract and will deliver approved Performoance and Payment Bonds for the faithful performance of this contact The attached deposit check in the sum of Dlollara $ is to become the property of the City of Fort Worth, Texas, or the attached Bond is to be forfeited e event the contract a bonds are n ted in the of executed within the Bidder's � � � n time set forth, a !liquidated damages,for de�la� and additio�nal work caused thereby. MINORITYIWOMENS BUSINESS ENTERPRISE 1W E : (For bids in excess of$25,000 l 1 am aware that l must submnit information the Director, Transportation and Public Works, concerning the 1 /W E participation within FIVE BUSINESS DAYS of subm,ittal of this � Proposal in order to be considered RESPONSIVE. r r (The rest of this page intentionally left blank) r% it Renovation of the Will Rogers I err rial canter Audio System November 2012 i r, f i �j Respectfully submitted, r% Able Communic . n Inc . Co pan am By.- loe i Sigma Hiram Lopez President Printed Name of Principal Title Address: 1413 Avenue Street r Grand Pry l r i e r Texas 75050 City Zip Phone.- 972-660-2253 r' Pax 972-660-2254 ,1111/1/F/11 Email: jwicker@ablecomm.net �: t IF if Im"o- Renovation of the Will Rogers Memorial Center Audio System November 2012 r Receipt is acknowledged of the folilowing, addenda: Addendum . 1 . . Addendum No. X t Addendum No. 2: x Addendum N o. 7 Pow", Addendum No. 3: Addendum No. ,".....�. Addendum No. 4, X Addendum No. : Addendum No. 5: X Addendum No. 1 rwrr; t i It;, l. D f, Ii i JJ, i ii 9 i Renovation of the Willi Rogers Memorial Center A.; dio System November 2012 f l TEXAS SALES AND USE TAB EXEMPTION CERTIFICATE i Name o'Purch ser, Fimi or Agency,: Citv Of E211 Worth, Texas Address(Street& Number, P.O. fox or Route Number).- 1000 Throc morton Gila, State, Zip Codes F �� Telephone 392-5360 1,the purchaser named above' clam an exemption from payment of sales.and use taxes for the purchase o taxable e items described below or on the attache + � +� invoice°turn All vendors Description of the items to be purchased,or on the attached order or invoice: t All items sacs motor vehicles as listed below Purchaser claims this exemption for the following reason: Governmental: Enti I understand that l will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions s o the stag cif and/or metropolitan transit 1; authority sales and use tax lags and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental 1 glue for the period of time used. I understand that it is a misdemeanor to give an e . r taxable rams which I know, at the time,of purchase,will be used in a manner offer than expressed in this certificate and that upon conviction I may be fired not more than$500 r, per offense. 40 f t Purchaser: V. Title. I Note.This certificate cannot be issued for the purchase, lease or rental of a rotor Vehicle. lor" THIS CER TIFICA TE DOES T REQUIRE A NUMBER TO BE VALID Sales and Use Tax"'Exemption Nu tubers"or"Tax Exempt"Numbers rs do not exist, This certificate sh u.rld be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. nts.. PIP Pop f Renovation o the Will Rogers Memorial Center Audio System 'l November 2012 PIP r r 2009 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Health/ Total Avg. FIrly Classification Rate Welfa,re Pension Vacation Package AC Mechanic $25.92 $1.01 $0.19 $0.83 $7.7.91 AC Mechanic Helper $115.81 $0.00 $ .010 $0.30, $1 137 15.56 0.57 1©1.03 0.12 $1+6.26 A�cc�cu��ticat Ceiling Mechanic $ r '� A�couistical Ceiling Het er $1 .27 $0.19 $, .010 $0.00 $17.46 a bestes Worker $0.00 $0.00 $0.00 $0.00 $0.00 Bricklayer/Stone Mason $18-514 $0.74 $0.00 $0.00 $18.78 Bricklayer/Stone Mason Hetper $10.39 $0.010 $0.00 $0.00 $10.39 Alto Carpenter $17.08 $1.67 $0.17 $0.81 $19.69 Carpenter Hetper _ $13.45 $0.75 $0.08 $0.71 $14.99 Concrete Finisher $13.97 $0.41 $0.04 $0.14 $14.55 Concrete Finisher Helper $17.14 $0.43 $0.04 $0.11 $12.77 Concrete Ferro Builder $14.03 $0.67 $o.o:3 $0.15 $14.88 Concrete Forma Builder Helper $11.72 $x.54 $0.03 $0.10 $112.39, Drywall Mechanic $16.10 $0.56 $0.02 $0.30 $16.98 Drywalt.Helper $12.43 $0.33 $0.00 $0.28 $13.05 arwall Taper $15.00 $0.07 $ .+ $0.00 $15.07 Di all Taper Helper $11.50 $0.07 $4.00 $0.00 $11.57 Electrician Journe roan Y ) $121.77 $1.08 $0.05 $ .3 ' 1 $23.29 f Electrician Helper $15.32 $1.09 $0.05 $0.27' $16.73 Electronic Technician $2.0.00 $0.00 $0.00 $0.00 $20.00 Electronic Technician Helper $0.00 $0.00 $0.00 $0.00 $0.00 Floor Layer(Carpet) $0.00 $0.00 $0.00 $0.00 $0.00 Fioor Layer(IResitient) $18.00 $0.00 $0.00 $0.+ $18.00 Floor Layer Helper $10. 0 $0.001 $0.00 $0.00 $10.00 Glazier $18.53 $1.92 $0.38 $0.71 $21.54 -Glazier Helper $113.49 $1i.201 $0.10 $0.35 $15.13 Insulator $16.59 $0.29 $01.12 $0.08 $17.08 Insulator Helper $11.71 $0.36 $0.11 $0.13 $11.81 Laborer C,ommioln $10.47 $0.70 $0.06 $0.08 $11.30 Laborer Skilled $13.24 $0.98 $ . $01.12 $14.41 Renovation of the Will Rogers Memorial Center Audio System I Iov m er 201 1 Lather $17.00 $0.00, $0.00 $0.00 $17.40 l' r: Lather Helper $15,44 $0.00 $4.44 $0.00 $15.44! Metal Building Assembler $16.44 $1.56 $4.63 $4.441 $18.19 . .......... Metal Building Assembler Helper, $12.04 $1.56 $0.63 $4.44 $14.19 Painter $12.57 $4.69 $4.42 $4.49, $13.37 1111... Painter Helper $9.98 $4.61 $4.42 $0.09 $14.74 Pipefitter $21.14 $0.94 $0.13 $4.45 $22.59 Pi efitter Helper '$14.92 $0.58 $01.11 $4.23 $15.82 Plasterer $17,24 1 $4.45 $4.414 $0.00 1111 $17.34 Plasterer Helper $12.85 $0.45 $4.12 $4.43 $12.9+ Plumber $20.33 $0.69 $4.12 $0.43 $21.56 Plumber Helper $14.95 $4.95 $4.11 $4.00 $16.42 r Reinforcing Steel Setter $13.01 $0.36 $4.47 $0.23 $13.67 Reinforcing Steel Setter Helper $11.19 $4.25 $4.45 $0.16 $11.64 f r hoofer '$16.78 $1.25 $4.23 $01.17 $18.43 r m r Reefer Hellper $12.33 $1.25 $14�.2 3 $0. $13.98 f Sheet,fetal Worker $17.49 $4.97 $0..14 $4.51 $191.46 .1111 1� Sheet Metal Worker Helper $14.1 1$ $0.17 $0.44 $16.15 sprinkler System Installer $19.17 $1,68 $0.33 $0.33 $21.52 Sprinkler System Installer Heber $14.15 $1.54 $0.44 $4.54 $16.47 Steel Worker Strarctwural $19.28 $1.37 $4.55 $0.12 $21.32 Steel Worker Structural Heber $13.74 $1.37 $0.39 $0.09 $15.51 Concrete Primp $18-50 $01.44' $0.410 $0.44 $18.50 r Crane Clamsheel, Backhoe, Derrick, D'Line Shovel $17.81 $1.34 $4.12 $4.24 $19.48 lf� � Forklift $12.96 $0.42 $0.44 $4.48 $13.54 ................ r� Foundation Drill Operator $4.44 $0.44 $0.00 $22.54 Front End Loader $13.21 $4.36 $x.06 $0.17 $1179 "ruck Driver $1'5.21 $0.65 $ .46 $4.19 $16.1 F 1 r% Welder $17.81 "$01.92 $4.12 $4.34 $19.15 Welder H�elper $12.55 $4,75 $0.00 $0.33 $13.64 y, Renovation of the Will Rogers Memorial Center Audio Syst rn Pill November 2012 9 EAT r Month Average Inches ches Snow/Ice Days of of' Pellets Ilia ln Rainfall January 7 1.80 1 February 7 2.36 March 7 April 8 4.30 May 8 4.47 June 16 3.05 July 51 1.84 August 5 2.26 September 7 3.115 October .6 November 6 2.03 December 6 . ANNUALLY 77 32.30 1 Mean number o days rainfall, 0.01 or more Average normal precipitation, in inches 3 Mean number of days 1.0 inch or more Less than 0.5 1rwches This table is based on:, information reported rrrrr Dallas-,Fort Latitude 312 deg 54 min north, l ngit d 917 deg 2 miry West elevation (ground)551 ft', Average number of days of rain, snow, and Ice are based on records covering 27 years. Precipitation is based on record of 19141-1970 period yy "rh1s table is to be used as a basis for calculation of excess rain or weather days,for projects with duration in calendar days, if the site records indicate that the Contractor was unable to carry out operations:dire to weathier,, it is ceu rated as a weathier day. If the number of weather days exceeds the number of average rein days plus the snow/ice-pellet days for e liven month, the contract period will be adjusted by Chiange Order. ww�>'wy�r Renovation of the Will Rogers Memorial Center Audio System November 2012 > l l(>t City of For Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A r DEFINITIONS,PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUME TS: By the term Contract Documents is meant all of the written and drawn documents setting g parties,including but not necessarily limited to,the Contract,Notice to Bidders, Proposal',General forth or affecting the rights of the fond.• , Conditions, special Conditions,,Specifications, Plans, Bonds,and....all Addenda,Amendments signed by all parties,change girders, written Interpretations and any written Field Order for a minor change in the fork. A-2 ENTIRE AGREEMENT- The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous,oral or written agreements,instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the r(' Contractor and the Owner,or Change Order,or by a written Field Order for a minor charge, A-3 WORK: By the terra 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. F o A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed i'h;s'ix originals, with all required i attachments,including required bond's and insurance certificates,by the Contractor and the Owner in such form as may be prescribed by law and,returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK-: Before filing a Proposal, the 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 to the conditions that will be encountered relating o the character,quality and quantity of work to be g q y �# performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT* Insofar as possible,, the Contract Documents will be bound together and executed as a. single unified Contract.The intention of the Contract Documents being to provide for all labor,supervision,,materials,equipment and other items necessary for the proper execution and,completion of the Fork. "fiords that have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. r A-7 DIVISION N OF ''FORK-. The arrangement of Drawings and/or ,specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon,the Contractor in dividing the work among Subcontractors or Trades.. A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the 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 twill be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon, Such Interpretations shall) be consistent with the purposes and intent of the Plans and rar Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the or each of g p the evaluation or materials performed or Architect her involving the interpretation of the contract Documents, I uation of work furnished by the Architect Contractor,or any subcontractor or maaterralsmaanp or involving any question of fault or liability of any party,. the decision of the Owner shall be final and binding. used in order of shall b inter for sequence oa In the event of inconsistency in the contract documents, the following se q p �1 precedence: Change Orders and/car Field' Orders by date of issuance); Addenda by date of issuance); Drawings; I ot+e's and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and,Construction Contract. .sr A-g CONIES OF WORKING DRAWINGS GS AND SPECIFICATION'S*. 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 y of one Contract set for each Dart to the Contract,are to be returned to the Owner on request at the completion of the work, I, - General l Conditions for Facility Construction Lunip Sum contract Page I of 27 r Renovate Will Rogers Memorial Center Theatrical Audio System(November 2,1 12 r„ 4 A-1 0 MINORITY BUSINESS ENTERPRISE IEEE POLICY As of dune 1,2012,The City of Fort Worth has implemented the new Business Diversity Ordinance(BD O)to reflect the City's availability and disparity study findings and recommendations. Duringi this transition period interested Offerors must obtain an 1'w BE listing of African American firms from the l B'E Office,at 8,17-212- 2674. This will ensure that MBE listings reflect onl those currently certified by the North Central Texas Regional Certification Agency ( CTRCA) located in the six_(6)-coun,ty geographic marketplace that have been accepted by the City. The City's. geographic he counties of: Tarrant Dallas,+Denton, Johnson, Parker send 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. The City of Fort Worth has goals for the participation of Minority Business Enterprises(MBE)in City contracts.. Compliance with the policie s designed se goals is mandatory in order to be considered a responsive bidder. The City policy,and procedures � ed to meet the mandatory to be followed in submitting proposals are included. 7 The City of Fort"earth MBE Program will take precedence over other subcontractor utilization programs on Block grant and ether federally funded Projects. A-1 11 CORRELATION AND INTENT: In general',the drawings indicate dimension,locations,positions,quantities,and kinds of construction;the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa,shall be furnished as though set earth in both. 'Fork not detailed"marked or specified shall be the same as similar parts that are detailed',marked or specified., if the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings,shall take precedence over small-scale drawings,. Drawings showing locations of equipment,piping, ductwiwork,electrical apparatus,etc.,are diagrammatic rind:job conditions may not allow installation in the exact location sh iwnrr.. Relocation shall not occur without the . Architects approval. A-12 AGE: In accordance with the policy "Policy")of the Executive Branch of the federal government, Contractor covenants than 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 ermployrment, advancement or discharge of employees or in connection with, the terms.,conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a. bona fide occupational qualification,retirement plan or statutory requirement. Contractor further covenants that neither it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf,shall specify, in solicitations or,advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors'alleged failure to comply with the above referenced Policy,concerning age discrimination in the performance of thiis agreement,. A-'I 3 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 11990 "A'DA"), Contractor, , warrants that it and any and all of its subcontractors will, not unlawfully discriminate rare the basis of disability in the provision of services to the general public,nor in the availability,terms and/gar conditions of employment for applicants for employment with,or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with AIWA provisions and any other applicable federal,state and local laws concerning disability and will defend.,indemnify and hold City harmless against any claims,or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above-referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT "'Architect" i "" for Construction NT ADMINISTRATION: Where the term Arc itect is used in the General Conditions of the Contract �, "", it shall refer to the'Director,Transportation and Public Works or his designated Building Construction Manager. The Director,Transportation will designate a Project Manager and Building Construction Manager BCM)to administer this contract and 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 initerchangeaibilly and refer to the City of Fort Worth as represented by the Director of Transportation and public Works or his designated representative. B_2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the'Project for any reason. if the project is terminated,the Contractor shall: a) Stop work under,the Contract on the date and to the extent specified on the notice of termination, b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. C) Terminate all' orders and subcontracts to the extent that they relate to the performance of the work terminated by the 9wyl notice of termination. General Conditions for'Facility Construction Lump Sum Contract Page 2 of 27 Renovate,Will Rogers Memorial Center Theatrical Audio System November 2012) i/ �j J After termination as above,,the City will play 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 b the portion p 1, thereof allocatable to the work not completed and further reduced by the amount of payments,if, any otherwise made. Contractor r% shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shalll be resolved)and be decided)by the City Council of the City of Fort Worth,and the decision by the n City Council of the City,of Fort Worth shall be final and binding upon all parties to this contract. f B-3 DUTIES OF THE ARCHITECT: As used herein,the term Architect means the Architect or his authorised representative. Nothing contained in these Contract Documents shall)create any privity of Contract between the Architect and the Contractor. 8i 4 ARCHITECT A; REPRESENTATIVE OF THE OWNER: f, I � p era) The wilding Construction Manager wall provide en administration of the Contract on behalf of the Owner and wall have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents.. v" familiarize himself with the progress and quality of the work and to determine if make periodic rests to the Site to The Architect will m p the work is proceeding in accordance with the Contract documents. On the basis of on-site observations,the Architect will'keep the Owner informed of the progress of the Work and will endeavor to guilard the Owner against defects and'deficiencies in the Work of the Contractor. Eased upon such observations and the Contractor's aapplicatiions for payments,the wilding Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. r% B INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor,subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. 13-7 AUTHORITY TO STOP WORK The BCM will have authority,to reject work rk that does not conform to the Flans and Specifications. In addition,whenever,in its reasonable olpinion,the BCM considers it necessary air advisable in order to insure the 10, proper realization of the intent o d Specifications, the BCIw will have authority to re wire the Cantraacto p the 'Work or an portion thereof. or to require special inspection or testing of the Work whether or not such Work be then fabricated,Il r f the Flans an any � q p � p g installed or completed. BW8 MISCELLANEOUS DUTIES OF ARCHITECT S h Drawings. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing,and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. PIP Chan Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guara n tees. Th e Owner will receive all written guarantees and related documents required red of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose and making his recommendations concerning the p of determining rr, dates of substantial' completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and' Maintenance Manuals -I""'he Owner will receive six copies of all applicable equipment installation, operation, and r, maintenance brochures and manual's required of the Contractor. IS B-9 TERMINATION'OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner,the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works,or, shall appoint a successor Architect against whom the Contractor makes no reasonable objection. i OWNER Pro r C-'I IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager,Assistant City Manager, the Director and of Transportation and P'ubl'ic Works Department and members of the Facilities Management Division. Generally speaking a. designated representative will be a Building Construction Manager identified from within the Facilities Management Groupi to act as r a point of contact for day-to-day contract administration. Geiinerall Conditions for Facility Construction Lump Sum Contract Page 3 of 27 Renovate Will Lagers Memorial Center Theatrical Audio System(November 2012) 1 C-2 DUTIES OIL THE OWNER The Owner shall furnish surveys describing the physical characteristics,legal limits and utility locations for the site of the Work;provided, however,that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor, Cam- INSTRUCTIONS,.- The Owner shall issue all instructions to the Contractor through the EC M, C-4 ACCESS TO JOB SITE: The Owner ,shall at all times have ;access to the 'Fork whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-S PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work its proceeding,in,accordance with the Contract documents. On the basis o on-situ observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Flans and Specifications, Whenever, in its reasonable opinion,the Owner considers it necessary or advisable in order,to insure the proper realization of the intent of the Plans and Specifications,the Owner will have authority to require:the Contractor to step 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"'Fork be then fabricated,installed or completed C-7 SUBSTANTIAL COMPLETION IN'SP'ECTION: Upon agreement of the Contractor and Architect that the 'Fork 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 p punch,list and attached to the AIA document C7Cy4a,which is,to be prepared and signed by the deficient shall be incorporated into a unc Contractor,and accepted,approved and signed by the Owner. , C-8 DIGIT TO AUDIT: Contractor,agrees that the City shall,until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and, records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall,until the expiration of three years after final payment under the subcontract,have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor,involving transactions to the subcontract.The term ""subcontract"as used herein includes purchase orders. � Contractor;agrees to,photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. SECTION I CONTRACTOR D-'I IDE TIPIOATIO The Contractor is the person or organ,ii z,at ion identified as such in the Contract.The terror Contractor means the Contractor or his authorized representative. O-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and' services hereunder as an independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder,and all persons performing same,and Contractor shall be solely responsible for the acts of its officers,agents,and employees. Nothing herein shall'be construed as creating a partnership or joint enterprise between City,and the Contractor,its officers,agents and employees,and the doctrine of respondent superior shall not apply. O- „ SUBLETTING: It is further agreed that the performance of this Contract,either in whole or in part,shall not be sublet or assigned to anyone else by said Contractor without the written consent of the 'Director of Transportation and Public Works of the City of Fort Worth. D" -4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement,,Conditions of the Contract, Drawings,Specifications,Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. O-5 SUPERVISION,: The Contractor shall supervise and direct the Fork,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 auy� the"work under the Contract Docauments. General Conditions for Facility Construction Lump burn Contract Page 4 of 27 Renovate''Will Rogers Memorial Center Theatrical Audio System,(November 2012) i D�-6 OR AN MATERIALS- Unless otherwise specificallly noted, the Contractor shall provide and pay for all labor, LABOR tools, construction, equipment d� water, heat.l materials, equipment, p gent aan machinery, � utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen, and rnaterialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers,workmen or materialrnen from outside local area. The Contractor shall at all times enforce strict discipline and good order among his employees,and shall not employ on the Work any unfit person or anyone not skilled in the tallsk assigned to him. D-7 COMPLIANCE PLIANCE WITH AC ID ENFORCEMENT ENT CF PREVAILll1 Q WAGE RATE. Duty to a Prevailing Wage bates. The Contractor shall comply with all requirements of Chapter 22518,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 r prevailing wage rates in accordance with Chapter 2258Po Such prevailing wage rates are included in these contract documents. IF Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall,upon demand made by the City,pay to the City bo for each worker employed for each calendar day or part of the day that the worker is paild leas 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 225$.023. r Complaints of Violations and Citv Determination of Good Cause. Can receipt of information,including a complaint by a worker, 2258. 1 ,Texas Government Code, by a contractor or subcontractor,the Canty shall make and initial'de alleged' terminatioabefore the of 1'' day fter the date the Cat receives the information,as to whether good cause exists to believe y y g that the violation occurred. The City shall notify in writing,the contractor or subcontractor and any affected rker of its initial determination. U f on the Cat wwo Upon City's determination,that there is good cause to believe the contractor or subcontractor has violated Chapter 22'58,the City shall retain the full amounts claimed by the,claimant or claimants as the difference between wages paid and g prevailing ng wwrage rates,such amounts being subtracted from successive progress payments pending,a final wages due under the revaali determination of the violation. r Arbitration Re uired ifViolation Not Resolved. An issue relating to an alleged violation of Section 2258.023,Texas Government Code,including a penalty owed to the City or an affected worker,shall be submitted to binding arbitration in accordance with the Texas General'Arbitration Act(Article 224 et seq.,(Revised Statutes)if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial determination,pursuant to paragraph >> c above, If the persons required to arbitrate under this section do not agree!on an arbitrator before the 111th dray 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 arbitratilon. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction, (Records to be Maintained. The Contractor and each subcontractor shall,for a period of three 3 years following the date of acceptance of the Work, maintain records that show it the name and occupation of each worker employed by the Contractor in the construction of the''work provided for in this contract;and(iii)the actual per diem,wages" to,each worker. The records shall be m paid f open at all'reaasonaabl'le hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain if to this inspection, !Pay Estimates. With each partial payment estimate or payroll period,whichever is less,the Contractor shalil submit an affidavit stating that the Contractor has complied with,the requirements of Chapter 2258,Texas Government Code. f' Posting of Wage Rates. The Contractor shall post the prevailing wage rates in,a conspicuous place at the site of the project at al'I times Subcontractor Corn li,ance. The Contractor shall!include in its subcontracts and/or shall otherwise require all of its subcontractors to comply.with paragraphs a)through(g)above. ,On projects where special'wage rates apply e.g. Diavis-Bacon)l the Contractor agrees to meet all requirements of such programs. ,f D-8 WARRANT' The Contractor,warrants to the Owner and the Architect that all materials and,equipment furnished under this Contract gill 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 limitatilon of any other,warranty or remedy provided by law or the Contract Documents. D-g TAXES The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise rf and Use Tax. -enerai- Conditions for Facility+ onstruction Lump burn Contract Page 5 of 27 Renovate Will Rogers(".Memorial Center Theatrical'Audio System(November 2012) 1, D-110 LICENS�ES, NOTICES AND FEES The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary,required by law or these Contract Documents, The Contractor shall give all Notices and comply with all Laws, Ordinances, Mules, regulations and Orders of any public authority bearing on the performance of the"work. If the Contractor observes or,becomes aware that any of the Contract Documents are at variance therewith in,any respect,he shall promptly notify the Architect Owner in writing and any necessary changes will be made.If the Contractor performs any Fork knowing,that it is in violation of,or contrary to,any of such Laws,Statutes,Charter,Ordinances, Orders or Directives,or regulations without furnishing Notice to the Owner,the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-11 SASH ALLOWANCES The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents.These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor Sung and not in the allowwance. The Contractor shall cause the Work covered by these allowances to be performed;for such amounts and by such persons as the Owner may direct,but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site,labor,installation costs,field overhead,profit and other direct expenses resulting to the Contractor from any increase over the original allowance. SLIPERI'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 p p Owner.The superintendent shall represent the Contractor and all communications,given to the superintendent shall be binding as if given, to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS:RS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. Di-14 FAILURE TO, COMMENCE WORK: Should' the Contractor fail to begin the Work herein provided for within the time gk p herein fixed;or to carry on and complete the same according to the true meaning of the intent and terms of said Plans,Specifications and Contract Documents,them the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof; the cast to the said Ciity shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof,said excess cost.. D-1 5 PROGI ESE SCI EDUL The Contractor, immediately after being awarded the contract,shall prepare and submit for the Architect's approval,an estimated progress schedule for the'" cork. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Architect's approval.. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule the BCII at least monthly for approval along with the Contractor's monthly progress payment requests. D•1 fa DRAWINGS AND SPECIFICATIONS AT THE:SITE Owner one copy of »JSS The Contractor shall maintain at the site for the all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other changes and Amendments in good order and marked to record all changes made during.construction. These shall also be available to the Architect. The Drawings, marked to record'all changes made during construction,shall be delivered to the Owner upon completion of the Work. The Architect will prepare,and provide to the Owner,one cormplete set of reproducible record drawings of the Work. D-17 SHOP DRA'W'INGS AND SAMPLES: 'Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The contractor shall reviieww, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor,normally within the first 90 days of the work,six copies of all shop Drawings and Samples required by the Contract [documents or subsequently by the Architect as covered by changes or amendments.Shop Drawings and Samples shall be properly identified as specified,or as the,Architect may require.At the time of submission the Contractor shall inform the Architect in writing of any deviation in the ;shop Drawings or Samples from the requirements of the Contract Documents. General Conditions for Facility Construction Lump Sum Contract bags 6 of 27 Renovate Will Rogers Memorial Center Theatrical Audio System November 2012 By approving and submitting i Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data,, and that he has checked and rr coordinated each shop,drawing, given in the Contract Documents. The Architects approval of a separate item shalll 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 in formation given in th e Contract Documents. The Architect's approval'of a separate item shall not indicate approval of an assembly in which the item functions.. The Contractor shall make any corrections required by the architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific c atte�ntio n in writing or on resubmitted shop Drawings too revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples,shall net relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has unformed the architect in writing i of such deviation at the time of pp specific deviation.. Arch" pp shall not relieve the submission and the architect has given written approval to the s e � Architect's approval sha Contractor from responsibility for errors or omissions in the Shop Drawings or Samipiles, 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.. 1- D SITE USE: The Contractor shall) confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any miaterials or equipment, Until acceptance of the Work by the City Council of the City of Fort Worth,the entire site of the Work shall be under the exclusive control,care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from an other cause wwhat rebuild,repair, restore and'make good at his own expenses all �; whatsoever.The Contractor shall reb � �,re a d l° injuries or damages to any portions of the Work occasioned by any of the above,caused before acceptance. D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may required to snake its several parts fit together properly,and shall not endanger any Work by cutting,excavating or otherwise altering r, the'!'w'ork or any part of it. D-,2o CLEAN UP': The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish.at the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools,. construction equipment,machinery and surplus materials,and shall clean all glass suurfaces and leave the Work:"'Broom-clean"or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings"broom-clean'',Contractor shall clean all glass, replace any broken glass, remove stains,spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces,clean fixtures and wash all concrete,the and terrazzo floors. f4 If the Contractor fails to clean up,the Owner may do so,and the cost thereof shall be charged to the Contractor,. IFF, D-21 COMMUNICATIONS,. As a general rule,the Contractor shall forward all communications to the Owner through the ECM. D!-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with is of the City,of Fort Worth fiscal Department Intergovernmental Affairs and Grants Management the requiiremen went as outlined i n the r Supplemental Conditions contained in the Project Manual SECTION'E SUBCONTRACTORS, E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and RIMP masculine in gender and means a Subcontractor or his authorized representative, t 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 materi,almen. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations(incluldingi those who are to furnish materials or equipment fabricated to a special design)proposed for such portions of the Work as may be designated in the bidding requirements,or if none is so designated in the bidding requirements,the names of the Subcontractors proposed for the principal portions of the Work.. Prior to the award of the Contract,the Architect shall notify the successful bidder in writing: if either the Owner or architect, after due investigation, h objection to any person or, organization on such list. Failure of the Owner and Architect to make an objection o any person or organization on the lust prior to org� � "p g p the award of this Contract shall not constitute acceptance of such person or organization. If,prior to the award of the Contract,the Owner or Architect has an objective to any person or organization on such list,and refuses j to a cce p t such person or organization, the apparent lolw bidder ma y, prior to the award, withdraw his bid without forfeiture of bid" r security. If such bid'd'er submits an acceptable substitute„ the Owner may, at its discretion, accept the bid)or he may disqualify the General Conditions for Facility Construction Lump Sum Contract Page 7 of 27 Renovate Will Rogers Memorial Center Theatrical audio System(November 2012) 1i bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person, or organization that has been accepted by the Owner and the Architect,unless the substitution is also acceptable to the Owner and the architect. E-3 TERMS OF SUBCONTRACTS: all work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor(and where appropriate between Subcontractors and Sub- subcontractors)which shall contain provisions that: 1. P p rights of the Owner and the architect under with respect to the Work to be performed Preserve and protect the ra hts the Contract under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents, 3. require submission to the Contractor of applications for payment under each subcontract to''which the Contractor is a party,in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs,extensions of time,damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor(via any Subcontractor or Sub subcontractor where appropriate)in the manner provided in the Contract Documents for 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 perils covered by the property insurance,except such rights,if any,as they may have to proceeds of such insurance held by the Owner,and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract,and every subcontract shall be so construed and applied as to the Owner and the architect,whether or not such provisions are physically included in the sub contract. E-4 MINORITY OBIT "" BUSINENS ENTERPRISE MBE Should the base proposal be $50,000 or less, the requirements of this section do not apply. General: As of June 1, 2012,The City of.Fort Worth has implemented the new Business Diversity C rdlinance(BDO)to reflect the y availability and disparity y g During this transition period interested Offerors mu s obtain a City's av . y p ty stud findings recommendations. Duran. MBE listing of African Americans firms from the M/WBE Office at 817-212-2674. This will ensure that MIB,E listings reflect P I those currently certified by the North Central Texas Regional Certification Agency NCTRCA located in the six 6 count geographic r� y L. 3 marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of. Tarrant, Dallas, Denton Johnson, Parker Arad Wise.Offerors are strop l encoura edi to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal.. In accordance with City of Fort Worth Diversity Business Ordinance(BDO) No 20020-12-2011 (the "Ordinance"), the City of Fort Worth sets goals for the participation of Minority Business Enterprises (MBE) in City contracts. Ordinance No 20020.12-2011 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City ,Secretary® Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The MBE documentation requiired by the procurement solicitation must be submitted within five city business days after the proposals are opened. failure to comply°with.....; the City's Business Diversity Ordinance, or to demonstrate a "good'faith effort 131 shall result in a bid being considered non-responsive. During Construction, Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBaE subcontractors and or supplliers prior to issuance of the Notice to proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the M BE Officle and the Construction Manager, Contractor must provide the City with complete further agrees to permit an audit ardor examination of an books,records and proof information actual work performed or files in it's possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under,appropriate federal, state, or local laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents miaterial facts shall be determined to be an irres,ponsilble barred from participating i y work for a period'of tim not less than three y he failure of an offeror to offeror an a. gun it e o ee � ears. T comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than one 1 j year. The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with,aaa joint venture equal to the percentage of the MBE participation,in the joint venture for a clearly defined portion of the work to be performed. all subcontractors used in meeting the goals must be certified prior to the award of the Contract. General Conditions for Facility Construction Lump Sum,Contract. Page B of 27 a, Renovate Will Rogers Memorial Center Theatrical Audio System November 2012) I i% Change Orders; Whenever a change order affects the work of an MBE subcontractor or supplier, the I BE shall be given an opportunity to perform e work.. Whenever a change order is 000 or more,the M BE Office Coordinator shall determine the pp rm th � ��, goals applicable to the work to be performed under the change order. /F During the term of the contract the Contractor shalll.. rW 1.. Make no unjustified changes or deletions in its MBE participation commitments submitted with the bid/proposal or during a; negotiation,without prior sub miission of the proper er documentation for review and a pp roval by the MfWBE Office., 2. If substantial subcontracting and/or suppllier opportunities arise during the term of any contract when the contractor represented) in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall notify the City before subcontracts for work and/or suppilies are awarded and shall be required to comply with subsections of the 00rdinance,exclusive of the time requirements stated in such subsections. 3. The Contractor shall subunit to the M BE Office for approval an Ill REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract,the Contractor wishes to change or delete one or more MBE subcontractors or suppliers. lr Justification for change of subcontractors may be granted for the following: 1. An MBE's failure to provide Workers"Compensation Insurance evidence as required by state law;or f 2. An MBE's-failure to provide evidence of general liability or other insurance- under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of the limits required of the Contractor by the City; or 2 the limits contained in the Contractor'ls standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non- MIWBE su contractor's/sauibcon,sultant's or suppliers,or r% l 3. An MBE's failure to execute the Contractor's standard subcontract form,if entering a subcontract is required by the Contractor in its normal course of business,unless such failure is due to. a A change in the amount of the previously agreed to bid or scope of work-or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month;or if c Any,limitation being placed on the ability of the MBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company.. d Mediation shall be a consideration before the request for change is approved. 4.r f An MBE defaults in the performance of the executed subcontract.. In this event,the Contractor shall: a) Request bids from all Ihr1BE subcontractors previously submitting bids for the work, a b If reas+onabily practicable,request bids from previously non-bidding M BEs,and c Provide to the MIWBE Office documentation of compliance with a and(b)above. f b. Any reason found to be acceptable by the BE Office in its sole discretion. Within ten days after final'payment from the City the Contractor shall provide the Mr'WBE Office with,documentation to reflect final participation of each subcontractor and supplier,including non-MBEs,used on the project. E p y receipt of payment from the EST T�� B� IT�,r4�Tl��: The Contractor shall play each Subcontractor, !upon Owner,an amount e ual to the percentage of com letion allowed'to the Contractor on account of such Subcontractor's Work.The q. I g p Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor,the Contractor shall pay that Subcontractor on demand,made at any time after the Certificate for Payment would otherwise have been issued,for his Work to the extent completed,less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor,and the shall require each Subcontractor to make similar p y a menus to his Subcontractors. The Owner may,on request and at its discretion,furnish to any Subcontractor,if practicable,information regarding percentages of completion certified to the Contractor on account of Work done by such;Subcontractors. Pill Neither the twiner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. General Conditions for Facility Construction Lump,Burn Contract )Waage g of 27 (Renovate Will Rogers Memorial Center Theatrical Audio System(November 012 t E-6 SUBCONTRACTOR REQUIREMENTS TS FOR EDA FU!NC ED PROJECTS: The Contractor will cause appropriate ,a provisions to be inserted in all subcontracts to bind subcontractors to FICA contract requirements as contained herein and to 15 CFR 24 or,OMB Circular A-1 10,as appropriate. Each subcontractor roust agree to complly with,all applicable Federal,State,and local requirements in addition to those set forth in this section.. No subcontractor will be employed on this Project, except as specifically approved by the City, who, its contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal gove'rnme'nt departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from ESA grant fluids. J All subcontracts in excess of$,10,0!00 shall include, or incorporate by reference,the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile there and submit to the City.The subcontractor'can satisfy this requirement by submitting a properly executed Department of Labor Form WH-34 ". E every subcontractor roust contain a clause committing the subcontractor to employment of local labor to the Each:subcontract with maximum extent possible. . � All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of$50,000 or more roust submit a completed Standard Form 100(Compliance Report)by March 30 of each year.. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE C ONTRACTS F_1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the'Fork, "the Contractor°'in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF C ONTRACTOR " The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materialls and equi r, r SECTION C l MISCELLANEOUS,PROVISIONS G-1 CONFLICT OF LAWS., The law of the place where the site its located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal,State,and'County and City Laws,Statutes,Charter,Ordinances,Regulations, or Directives controlliing the action or operation of those engaged upon the work affecting the materials used.He shall indemnify and 1 save harmless the City and all of its officers and agents against any,claim or liability arising from or based on the violation of any 1 rr such Lams,Statutes,Charter, rdinainces,regulations,or Directives,whether by himself,his employees,agents or subcontractors, unw :. g g parties GOVERNING AW'V t is mutually agreed and understood that this agreement is made and entered into b the arty hereto with reference to the existing Char-ter and Ordinances of the City of Fort Worth and the laws of the State of Texas wwith r reference to and governing all matters affecting this Contract,and the Contractor,agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: performing their duties under the,statutes of the,State of Texas and the ALS: n e orrrii Ordinances of the City of Fort connection with this Contract, g p g Owner herein, officers. agents n employees the'wit o �o r��n oar in exercising the powers ere ranted the e , , g and e p gees y f Font Worth a engaged i performance o a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. COMPLIANCE WITH LAWS Contractor agrees to comply with all laws, ��4 Federal stag and local,including II ordinances, g J, n a rules and regulations of the City of Fort'''worth,Texas. (Materials incorporated into the finished Project are not s>urbllect to State Sales Tax. The Owner is responsible or obtaining �unldin g hermit. The Contractor and the appropriate s ubcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manager weekly. Building, plumbing:, electrical and mechanical building permits are issued without+chairgie. Waiter 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:l'wIINIFICATION Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition,Contractor covenants and agrees to ind'ernnif , hold harmless and defend,at its own expense, t p. gees,from and against any and the owner,its,officers,servants and a to Jt; all claims or,suits for property loss, property darnage, personal injur y, including death,arising out of,or alleged to arise out cif,the work and' services to be performed hereunder by Contractor, its officers, agents,employees, subcontractors, licensees or invitees,whether or not any such ire i ,damage or death is caused in whole or in paLt,bZ the ne di► a ce or ,alleged ne li ence of Groner,its officers,servants or ern to ees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from,arid against any and all injuries to Owner's officers,servants and'employees and any . he performance of any of the terms and conditions of damage,lass or destruction to property of the Owner anrlsin±g�from t this Contract, whether or not any surd rn a or da a a is caused in whole or in part by the n!qqffiqence or alleged ne li ence of Ownr,ner,its ofcers servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final a anent,final payment shall not be made until Contractor either a submits to Owner satisfactory evidence that the claim l py has been settled and/or a rellease from the claimant involved,ore bj provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier, r The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a resuilt of work r performed under a City Contract. G.6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2,this contract shall be binding upon and insure to the benefit of the parties hereto,their Successors or Assigns..Contractor shall not assign or sublet all or any part of this Contract or f his rights or duties hereu nder without the prior vwrittenOwner.consent of the Any such purported assignment or subletting without. the prior written consent of Owner shall be void, G-7 WRITTEN NOTICE: N y delivered in person to the individual r M CTIICF written Notice shall be deemed to have been dui served if ivi uial or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified marl to the last business address known to him who gives the notice. C-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of$25,0010, The Contractor agrees,on the submittal'of his p execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful " Proposal to rt�uake� ex r' performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work,such bonds being as provided and required in Article 5160,of the Devised Civil Statutes of Texas,as amended,in the force included in the Contract Documents,and such bonds.shall be 100 percent of the total contract price,and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas,,and acceptable two the City i, Council of the City of Fort"worth. f 1. General Conditions for Facility Construction Lump Sur"ri Contract Page 11 of 2 7 � renovate Will Rogers Memorial Center Theatrical Audio,System(November 2012) r rr 1, At Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each hand shall be properly executed by both the Contractor and the Surety Company, Bonds required by the City shall be in compliance with all relevant Iocall,state and federal) statutes. To be an acceptable surety on the bond the name of the surety should be included on the currant U.S.Treasury List of Acceptable Securities[Circular 570],and must be authorized to do business in Texas. Sureties not Misted)in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital)and surpllus. Such a surety must reinsure ,» an obligation, over p of 10 percent must be reinsured by reinsurers who are dully authorized y g r 1� percent. The amount in excess accredited,or trusteed to do business in the State of Texas. y y project h Cidetermined unsatisfactory at any time during same,the Contractor shall immediately Should an curet for the contracted provide a new surety bond satisfactory t t ty if the contract amount is less. than $25,000, payment shall be made in one lump sure 30 calendar days after completion and acceptance of the"work. O-g OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents,or fails to perform any provision of the Contract,the Owner may,without prejiudice to any other remedy he may have,enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies,including i the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contract shall pay the difference to the Owner'. O-9 0 ROYALTIES AND PATENTS, The Contractor shall play all royalties and liicense fees. He shall defend all suits or claims y p rights save the Owner harmless from loss on account thereof and s e responsible for all for loss when a f articular design, aor the product of a particular manufacturer or manufacturers is shall specified;how+�ever,if the p � �process p !' p a w 3i Contractor has reason to believe that the design,process or product specified is an infringement of a patent,he shall be responsible for such loss unless he promptly gives such information to Owner. G-1 1 TESTS: If the Contract. Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Fork to be inspected,tested or approved,the Contractor,shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,tests and approvals unless otherwise provided). If after the commencement of the Fork, the Owner determines that any work requires special inspection, testing or approval not included above,the Owner,upon written authorization from the Owner,will instruct the Contractor to order such special inspection, testing or a pp roval,and'the Contractor shall give notice as required in the preceding paragraph.If such special inspection or testing reveals a failure of the"work to comply(1)with the requirements of the Contract Documents or(2)with aspect to the performance of the Work, with Craws„ Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs„otherwise the Owner shall bear such costs,and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection,testing or approval), and three copies will be promptly delivered by hire to the Owner.The Architect will review the certificates and forward one copy of each with his recommendation s to the Owner. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and,where practicable,at the source of supply. )either the observations of the Architect or the Owner in their administration of the Construction Contract,near inspections,tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance with the Contract Documents. C-12 INTERRUPTION OF EXInINO UTILITIES"SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases,the Contractor may be required) to perform the Work while the existing utility is in service, The existing utility service may be interrupted only when approved by the Owner,"When it is necessary to interrupt the existing utilities,the Contractor shall notify the Owner in writing at least. ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shalll be kept to a minimum.Depending upon the activities at an existing facility that requires continuous service from the existing utility,an,interruption may not be subject to schedule at the timie desired by the Contractor. In such cases,the interruption may have to be scheduled at a time of minimum requirements of demand for the utility..The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner.. O-1 3 LAYING OUT WORT The Contractor shall verify dlirnensions and elevations indicated in layout of existing work. u�»s Discrepancies between Drawings, Specifications,and existing conditions shall be referred)to Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction t Documents. Gen Conditions for Facility Construction Lump Sum Contract 'Page`t of 27 General C tru 1 enovate'Will Rogers Memorial Center Theatrical Audio System(November 2012) J �j VP I, Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings; each withi the other that in any affects the locations or elevation of the work to be executed by him„ and should any I discrepancy be found, he shall immediately report the same to the Architect for verification and adj.......ustment.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. `14 MEASUREMENTS: material or doing any work the Contractor shall verify all measurements�te or at the...building�and shall b�wholly ordering an ma�teri' ants at the 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. EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is r to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required,whether or not shown or specified at the Contractor's sole expense. l; Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the fr Drawings.A.l�l reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the f% 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. r, r G-1'6 ALIGNMENT ENT OF JOINTS IN FINISH MATERIALS:IALS: It shall be the responsibiliity of the Contractor to snake certain in the installation of jointed floor,wall and ceiling materials that. 1 'Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed r under the subcontract so that the subcontracting thereof will not prejudice such rights; i U% 2.. Place joints to relate to all+opening,and breaks in the structure and be symmetrically placed wherever possible.This includes heating registers,light fixtures,equipment,etc. l If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the r' above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for aal'll trades. G-17 INTEGRATING EXISTING WORD. The Contractor shall protect all existing street and other improvements from J damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected'to existing work,special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary.All damaged work shall be replaced,repaired and restored to its original condition at no east to the Owner.. r 8 HAZARDOUS+ MAT RIAL CERTIFICATION: I!t is th , expressly stated or�not, � contract documents whether shall be incorporated in to the project. The Contractor shall exercise that nothing containing hazardous materials,such as asbestos, rip p .I 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 poltaable water supply. G-19 LOCATION OF EQUIPMENT UIP'MENT aAND PIPING: Drawing showing location of equipment, piplingi, ductwork, etc. are diagrammatic and gob conditions may not always permit their installation in the location shown.When this situation occurs,it shall be g y and the relocation determined in a j 1: At completion of work, y p p g� g . final inspection� complete building,execute the following he General contractor shall immediately prior to � final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1 Sweep and buff resilient floors and base,and vacuum carpeting. 2. Dust all metal and'wood trim and similar finished materials. 3. Clean all cabinets and casework. 4. bust all ceilings and walls. 5. bust,and if necessary wash,all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materials,., '. All hardware and ether 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.. . The exterior of the building,the grounds,approaches,equipment,sidewalks, streets,etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance, All paint surfaces shall be clean and unbroken,hardware shall be clean and polished,all required repair work shall be completed and dirt areas shall be scraped and cleared of geed 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'. 11 o. Cleaning,polishing, scaling!,waxing and all other finish operations iindica"ted on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning:Burning of rubbish oni the premises will not be permitted. G-23 DUST' TROL: Precaution shall be exercised l at all times to control dust created as a result of any operations during Lion period.If serious problems or complaints arise due to air-borne dust,or when directed b the Architect operations the construe y � causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIREE" PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen.All scrap materials,rubbish and trash shall be removed daily from in and about the building and shalil not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing,flarnmabl!e materials and paints no storage will be permitted in the building.Excess flammable liquids being used inside the building shall be kept in closed i metal container and removed from the building during unused periods. T A fire extinguisher shall be available at each location where cutting or welding is being performed.Where electric or gas welding or cutting work is done,interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot. metal..When temporary heating devices are used,a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and N1=P"A Bulletins Nos. 10 and 241. However,in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work its indicated,such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces.Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection, Record Dirawin s: Attention its called to General Conditions Section entitled, "Substantial Completion and Final Payment". Ma'intenanace Manual:sheets shall be 8'�"x 11",except pull out sheets may be neatly folded to 8 1/2`x 11".Manuals shall be bound in plastic covered,3 rung,loose leaf binder with title of project lettered on front and shall contain- 1 Marne,address and trade of all"sub-contractors. General C onditioin,s for FaciRConstruction Lump Sum Contract Page 1�4 of 27 a y Co Renovate Will Rogers Memorial Center Theatrical Audio System(November 2012) f„ j, 1 1% r 2 Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative,for each piece of operative equipment. if 3 Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels,service entrance equipment and light fixtures" Manufacturer's name,type,color designation for resilient floors,windows,deers,concrete block,paint,roofing,ether materials.. It r� Submit six copies of Maintenance Manual,prior to request for final payment. Instruction: The Contractor provide Inspection r shall de at his expense, competent manufacturer's Operational �ection and Maintenance, representatives to completely, check out all mechanical and electrical systems and items covered by the Drawings and ;specifications. This requirement shall be scheduled just prior to and during the initial 'start up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract.. PI The Contractor shall guarantee the entire'Project for one year. In addition,where separate guarantees,for certain portions of work, f; are for longer periods, Contractor's guarantee shall be extended to cover such longer periods. �llanufacturer"'s extended General Contra warrantees shall be included in this contract. Guarantees become'valid operative a i " upon Certificate Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage s result of abuse,neglect b Owner or his successor(s)in interest, The Contractor agrees to warrant his work and materials provided!in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees,the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all coats of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and:/or replacing damaged items and components to bring such items back to at least their original condition.. l G-28 RECORD,DRAWINGS: Upon completion of the Work and prior to application for final payment,one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials aindlor methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that Jr purpose, or by subse q uent change t o the drawings, the record drawings shall define the construction actually provided. The representatiion of such variations shall conform to standard drafting practice and shall include supplementary notes„ legends and details which may be necessary for legibility and clear portrayal of the actual construction.. The record drawings shall indicate, in , addition,the actual location of all sub-surface utility lines,average depth below the surface and'other appurtenances. f G-29 g C ON ST'RUC TI'C.3 1 FENCE: At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site., The fences and gates must be maintained throughout the construction period.Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. fir PRODUCT DELIVERY STORAGE,-HANDLING: The Contractor shah store and protect mats�"��^" and'products, f ~,� II Dandle, material's and ro including fabricated components, by methods and means which will' prevent damage, deterioration and loss, including theft (and resulting delays , thereby ensuring highest quality results as the work progresses" Control delivery schedules so as to minimize unnecessary long-term,storage at project site prior to install'ation. fm;* % C- 1 REMOVAL OF SALVAGED IIIA,I'ERIAL: The Contractor shall remove salvaged material and equipment from the project s. %te and dispose of it in accordance with the law, Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MAN'UII=ACTU ER"S EFERENC E Catalog, brand names, and manufacturer's references are descriptive, not 1, restrictive. Ei quality ds on brands of like nature and uali�t will be considered,Contractor shall inform the City of any substitutions intended for the project within 51 business days of bid opening.. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bird opening and upon request of the Contractor, the Contractor will submit a full ,F siz e sample at detailed as required to allow the architect to determine the acceptability of proposed substitutions. where equipment h sbemisted as'"no substitute accepted", the City will' accept no alternates to the specified equipment. l,. General Conditions for Facility y Construction 1....uim p Sum,Contract Page 15 of 27 Renovate'mill Rogers Memorial'Center Theatrical Audio System(November 2012), l% 1. /„ j „1 j SECTION H CONTRACT TIItIIIE I-1-11 DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the data of substantial Completion plus additional days assessed for failure to complete punch fiat items from the Finals Inspection in a timely manner The Date of Commencement of the Work is the date established in the Notice to proceed. If there is no notice to proceed,it shall be the date of the Agreement or such other date as may be established therein. The'Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete,in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager,and no other form of acceptance will be binding upon the Owner. A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week,including Sunday,regardless of whether a "Working Clay"or not,and regardless of weather conditions or any situation which might delay construction.An extension of contract time shall be in accordance with this Section.Extensions of time will be as recommended by the BCl'w"t with final approval by City of Fort''Forth. A Working Da is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the'controls of the Contractor permit the performance of work for a continuous period of'not less than seven hours between TOO 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 IDay,Thanksgiving Da y,Christmas Day,Memorial Day,and Veteran's Clay. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract, g" men rnent fined in this Section. He shall carry the Work forward The Contractor shall begin the Work on the date of Dorn as de expeditiously with adequate forces and shall l complete it within the Contract Time. H-3 DELAY1115111 AND EXTENSIONS F'TI E: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect,or by any employee of the Owner, or by any separate contractor employed by the Owner,or by any separate contractor employed by the Owner,or by changes ordered in the Work,or by labor disputes,fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's controls, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner,When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall, be used as the basis for providing a fair and equitable adjustment of the contract tilme'. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay otherwise they shall be waived. If no schedule or agreement is made'stating the dates upon which written interpretations shall be furnished,then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for there, and not then unless such a claim is reasonable. No payment, compensation or adjustment car any kind (other than the extensions of time H�4 NO AI'�IA�E FOR CAE r provided for)shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work,whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for compensation,damages or mitigation of liquidated damages for any such delays,and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the � Contractor for the performance of the Work under the Contract Documents. 1.2 SCHEDULE OF VALUES: 'Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of"values of the various portions of the Work, including quantities of required: b y the Architect, aggregating t he total j Contract Su ,divided so as to facilitate payments to Sub-contractors,prepared in such form as specified or as the Architect and the Contractor may agree upon,and supported by such data to substantiate its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit.This Schedule,when approved by the Architect and the Owner,shall be used as a basis for the Contractor's Applications for Payment, 1-3 ADJUSTMENT OF QUANTITIES(NOT USED) General Conditions for Facility Construction Lump Sum Contract Page of 27 Renovate Will Rogers Memorial Center Theatrical Audio System(November 2012) �y, i r �rr r i 1- PAYMENTS: On the first day of each month after the f` #' 'PROGRESS' �eted�, he Contractor . first,month's work has been comp 1 will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the pirecedrng month or period and the value thereof at the prices contracted for as shown on the approved Schedule of "values and Progress Schedule. f , If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be p submission by the conditioned' on subrnu a sale or such other procedures satisfactory to the Owner to establish the Owners title to such materials or equipment or of dills e q prnent or otherwise protect the Owner's interest including applicable insurance and transportation to the site. Par The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application, for Payment, whether incorporated in the Project or,not,will pass to the Owner upon the receipt of such payment by the Contractor,free and clear' t � f of all liens,claims, security interests or encumbrances hereinafter referred to as"liens";and that no Work, materials or eq,uiipment covered by an Application for Payment will have been acquired by the Contractor,or by any other persons performing the Zrk at the site or fuarniishing materials and equipment for the Mork, subject to an agreement under which an on n ou,_ .l interest thereon. or a i encumbrance thereon is retained by the selller or otherwise imposed by the Contractor or such other person. The Contractor shall prepare each application for payment on AIA Document G702, Application and Certificate for Payment',and attached thereto AIA Document G70 , "Continuation Sheet", to indicate the progress made to date and the period or month for s"t which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly'work progress schedule must be attached before the pay request can be accepted. 1.5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above,the above,the Architect will,with reasonable promptness but not moire than seven days after the receipt of the Application,prepare a Certificate of Payment, r with a dopy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner,based on the BC M's observations at the site � and the data comprising the Application or Payment, that the Work has progressed to the point indica ted'; 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 1 Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from, the Contract l' Documents correctable prior to completion,and to any specific qualifications stated in the Certificate);and recommendations to the Owner that the Contractor be paid in the amount certified. In addition,the Architect's approval of final payment assures the Owner that the conditions precedent,to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled, f After the Architect has issued a.Certificate for'Payment, the Owner shall approve or disapprove same within term days after it has been delivered to the Director of the Department of Transportation and Public Works.For contracts Bess than$400,,00 0!,Owner shall, pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining % of each such PIP 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 l; Fort Worth. For contracts in excess of$400,000,the Owner wwil',l 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. l'o'o Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship,.The Contractor shall promptly remedy any r ilrty o defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period)of one year from the date of final acceptance of the''Work unless a longer period is specified. 1i-6 PAYMl E TS WITHHELD,:D: The BCM may decline to approve an Application for Payment and may withhold,his Certificate in whole or in part if in his opinion he is?unable to make the representations to the Owner as provided in this Section.The Architect. may also decline to approve any Applications for Payment or, because of subsequently d:iscolveredi 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' 1,) Defective work not remedied; r 2 Claims filed or reasonable evidence indlicating probable ding of claims, "Fla 3 Failure of the Contractor to make payments,properly to;subcontractors,or,for labor,materials or equipment; r; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; b Damage to another contractor, If 6) Reasonable indication that the Work will not be completed within the Contract Time:or " Unsatisfactory prosecution of the Work by the Contractor. When s removed, payment h l is withheld because of them.The each grounds for the refusal of payment are a inert s�a it be made for amounts I Owner reserves the right to withhold the payment of'any monthly estimate,without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications. General i Conditions for Contract Page 17 of 27' r Fa,cilityr Construction .imp Sum Cont Renovate Will Rogers Memorial Center Theatrical Audio System(November 2012) J; a,1 ri 1-'7 O SED 1-8 LIQUIDATED DwAMI E The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages Per Day $15,000 or less $45 $15,001 to $25,000 $63 $215,001 to $50,000 $10$ $50too1 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to$1,000,1000 $3'15 $1,000,001 to$2,000,000 $420 $2,000,001 to$5,000,0100 $5310 $5,000,001 to$11,000,000 $540 , over$10,000,000 $193'0 1-9 FAILURE OF PAYMENT: If,without fault on the pert of the Contractor,the L'CIVI sho'u!l'd fail to issue any Certificate for Payment within seven days after receipt of the Contracto(s Application for Payment,if the Contractor's Application for Payment,or if,without fault on the pert of the Contractor,the Owner should fail to approve such estimate or to pay to the Contractor 90%or 95% as applicable)of the amount thereof within the period of time specified,then the Contractor may, upon seven 7) days additional written notice to the Owner and to the architect,stop the Work until payment of the amount owing has been received, t-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior,to the request for final payment,the Contractor roust meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete,the Construction Manager shell inspect the project with the Contractor and prepare a"Preliminary Lunch List", When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion(0,704)which,when approved by the Owner,shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion., The Certificate of Final Completion shall state the responsibilities of the Owner and the Contractor for maintenance,heat,utilities,and insurance,shall set forth the remaining work„as a"final punch l!ist".The Contractor shall complete the remaining work,listed therein within 00 calendar days. When the Certificate of Occupancy has been issued,the retainage will be reduced to 4%KKK Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth,the retainage may be reduced to 2.5%. Should the Contractor fain to complete all contractual requirements of the contract,'including submittals and final pay request within the fixed tune,the contract tune will again commence. Should the Contractor fail to complete the work within the contract duration, liquidated damages will be assessed ab t of written notice that the Work is read for final inspection,the City will conduct a joint inspection and certify completion Upon receipt y p y 1 p y p of the final punch list by cosigning it with the Contractor, The Contractor shall submit the following items to the City,prior to requesting final payment: wm 1 Contractor's Affidavit of Payment of Debts and Claims(C700)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, 1 Contractors Affidavit of release'of Liens(G7`06A),and, 4) Other data establishing payment or satisfaction of all such obligations,such as receipts, releases,and waivers of liens arising out of the Contract,to the extent and in such form as may be designated by the Owner. 5') Contractor"s Warranty 6) Statement that all outstanding work has been completed 7)' Issuance of the Final Certificate of,Substantial Completion 8 Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or Taborer refuses to furnish a Contractor's Affidavit of release of Liens, the Contractor may„at �I the election of the Owner,furnish a bond satisfactory to the Owner to indemnify him against any right,'claim or lien which might,be asserted by such Subcontractor, rmaterialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made.The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right,claim or lien,including all casts and reasonable attorneys fees. e General Conditions for Facility Construction Lump Sum C ontract Pa g e 1 of 7 Renovate ill Rogers Memorial Center Theatrical Audio System 'November 2012) !f Ud/ Contractor except those previously payment. The acceptance of final payment shall constitute a waiver f all claims by th The Contractor may#hen. request final e p e usly maude in writing and still unsettled. The Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City Council of the City of Fort Worth will snake final acceptance and no ether form of acceptance will be binding upon the Owner.Final payment and release of the retainage amount will become due within fifteen days i following acceptance. FINAL PAYMENT FOR UN-BONDED PROJECTS Final payment will not be made for a period of 30 calendar days and until all requirements have been met,with the exception of Consent of Surety for Final Payment. SECTION d PROTECTION OF PERSONS AND PROPERTY J-11 SAFETY" PRECAUTIONS AND PROGRAMS* The Contractor shall be responsible for initiating, maintaining and supervising safety prec precautions and programs in connection with the Work.The Contractor shall designate a responsible member all of his organization at the site whose duty shall be the prevention of accidents.Thin person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. d-�2 SAFETY P PERSONS 1 PROPERTY: The Contractor shah 11 l take all reasonable precautions for the safety of, and 1 shall provide all reasonable protection to prevent damage,injury or loss to: 1 All employees on the Work and all other persons who may be affected thereby; 1 ( ) All the Work and all materials and equipment to be incorporated therein,whether in storage on or-off the site, under the care, �1 custody or control of the Contractor or any of his Subcontractors or Sub-contractors;and ( Other property at th e site or adjacent thereto, including lawns,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 rr or from the non-execution of the Work.The Contractor shall rebuild,repair, restore and make good at his own expense all injuries or damages to any portion of the Work occasioned by any of the above,caused before its completion and acceptance. The Contractor shall comply with all applicable licable Law�rs, Ordinances, rules Regulations and Orders of an p y pp , g' y public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosiives or rather hazardous materials or equipment is necessary for the execution of the Work, the r,. Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel, All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor,including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect employed y him or for whose acts he may be liable,and not attributable to the fault or,negligence of the ct or anyone ems to ed b r; Contractor or anyone claiming through the Contractor for such damage or loss. rr The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety.. - Hard Hats will be required at all construction sites included in this Contract from start to completion of r p y y . required to wear a hard hat. l e 1 work., a� Contractor, employee an visitor at an construction site included� In� Contract wwri J The Contractor shall enforce the wearing of hard hats by Contractor,,employees andd visitors.Contractor shall provide ten hard hats for use by the consulting Architects and Engineers and visitors. ~. the Contra r -4I � �ECIE�. In any emergency affecting the safety of persons or property, Contractor shall act at his discretion r to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on r account of emergency work shall be determined as provided in Changes in the Work. d-w CA=E �Cr� P T shall practices i n g mate rials and equipment used in SAFE required work so as to insure the safety of hi City employees,and the p ublic. The Contractor shall keep the p erfdrnin !% premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot,stains,etc.,as before the work was undertaken. Conditions for Faciliity Construction Lump Sunni Contract Page 19 of 2y" y� General Co p J renovate Will Rogers Memorial Center Theatrical Audio,system(November 2012) J! J-6 T'y'�:TRENCH SAFE The Contractor shall be responsible for all design d implementation of trench shoring and � esi n an stabilization to meet regulatory requirements. If the proposal requires the Contractor shall include a per unit cost for trench safety measures in his bid. If not included in the Proposal,the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K-INSURANCE K-1 INSURANCE REQUIRED The Contractor shall) not commence work under this Contract until he has obtained' all insurance required under this Section and such insurance has Contractor been approved by the City of Fort Worth, nor shall the e allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation, K-2 WORKERS'COMPENSATION N INSURANCE 1 General a Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner(City)a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. Nio Notice to'Proceed will be issued until the Contractor has complied with this section. b) Subcontractor"'s Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will Worm work on the project to provide to,it a certificate from such sub6o' ntractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any orm work on p the project until such certificate has been acquired. Contractor shall provide a copy of' subcontractor to e all such certificates to the Owner(City). c) By signing this Contract or providing or causing to be(provided da certificate of coverage,the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project,that the coverage will be based on proper reporting of classification , codes and payroll)amounts,and than all coverage agreements will be fled with the appropriate insurance carrier or,in the case of a self insured, with the Texas Worker's, Compensation Co mission"s Division of Self-Insurance Regulation, Providing,false or,misleading information may subject the Contractor to administrative penalties, criminal penalties,civil penalties or other civil actions. J d The Contractors failure to,comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten drays after receipt of notice of breach from the City. Definitions- a Certificate of Coverage("certificate"). A copy of a certificate of insurance,a certificate of authority to self unsure issued by the Texas Workers,"Compensation Commission, or a coverage agreement(TWCC-81, T CC-82,`WCC-83, or TWCC- , showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project,for the duration of the project. b Duration of the Project. Includes the time from the beginning of the work on the project nauntn!l the Contractor's/person's work on the project has been completed and accepted by the City. c persons providing services on the project(""subcontractor"' in section 406.096)-includes,all persons or entities performing, all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person, contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, indepiendlent 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, providing, g delivering, equipment or materials:, r providing labor, transportation, or other without (imitation, hauling, or, terials o � vndirw services relatedi to a project. "Services"" does not include activities unrelated to the project, such as food,/beverage vendors,office supply deliveries,and delivery of portable toilets, 3 Requirements a The Contractor shall provide coverage,based on proper reporting of classification codes and payroll amounts and filing of R) any coverage agreements, which meets the statutory requii!rements of Texas tabor Cole, Section 401.011(44) for all employees of the Contractor providing services of the project,for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract, c If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project„ the Contractor must, prior to the end of the coverage period,file a new certificate of coverage with the City showing that coverage has been extended. d The Contractor shall obtain from each person providing services on a project"and provide to the City; Cameral Conditions for Facility Construction lump Sum Contract page 20 of 27 Renovate Will Rogers Memorial Center Theatrical Audio System(November 012) � fr r ' r i) a certificate of coverage, prior to that person beginning work on the project,so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project,and ii) an seven days after receipt by the Contractor, a new certificate of coverage showing extension of ,lr no later than coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project. e The Contractor shalll'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 rail or personal delivery,within ten(1'1g)days after the Contractor knew or should have known, of any change that materially affects the prevision of coverage of any person ,providing services on the project. �1 g) The Contractor shall post on each project site a notice, in the text,farm and imanner prescribed by the Texas Worker's J Compensation Commission informiing alll persons providing services on the project that they are required to be covered, r' and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom It contracts to provide services on a project,to r i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements,which meets the statutory requirements of Texas labor(erode sectiona1. 11 44 for all q M ) of its employees providingi,services on the project,for the duration of the project; ii p rovide to the contractor, prior to than person beginning work on the project, a certificate of coverage showing that coverage is beini g p rovided for all employees of the p er so n providing services on the project"for the duration of this 11 project; iii) provide the Contractor, prior to the lend of the coverage period, a new certificate of coverage showing extension of coverage,if the coverage period shown on the current certificate of coverage ends during the duration of the project, % iv) obtain from'....,each other person with.,.whom it contracts,and provide to the Contra..cto,r-. IJj (1) a certificate of coverage,prior to the other Iperson 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 r r, 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 fit yi in writi�n�g y certified nail or personal delive ry, within ten (10)days after the person knew or should have known,of any change that materially affects the provis,ioln of coverage of any person providing services on the r project;and vii), contractually require each person with whore it contracts,to perform as required by paragraphs h-i)-vii), with the certificates of coverage to be provided to the person for whom they are providing services. flit j ) Posting of Required Worker's Compensation Coverage a) The(contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered,and stating how a person may verify current coverage and report failure to provide coverage.This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text f' 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:. l "REQUIRED W'ORKER'S COMPENSATION PENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance.. This includes persons providing, hauliing�, or delivering equipment or materials,or providing labor or transportation or other service related to the project,regardless of h the identity of their employer or status as an employee", r' Call the Texas Worker's Compensation Commission at 512-440-3789, to receive information on the legal requirement for coverage,to verify whether your employer has provided'the required coverage„or,to report an employer's failure to provide coverage. l K-3 LIABILITY INSU,RANCE: The Contractor shall procure and maintain during the terra of this Contract such Liability Insurance as shall protect him,,the City of Fort Worth and any Subcontractor performing work covered by this Contract,from claims of damage which may arise from operations under this Contract,including blasting,when blasting is clone on,or in connection with the"work of the Project,whether such operations be by himself or by any Subcontractor or by anyone directly or,indirectly employed by either of them and the limits of such insurance shall be not less than the followings. 1) Automobile Liability.. $1,000,,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto"' including leased, hired,owned, non-owned and borrowed vehicles used in connection with this(contract. r ..... Conditions for Facility urn S Contract Page 21 of 27 General Corr slit, onstruction Lump urn�' Renovate Wi,ll Rogers Memorial Center Theatrical Audio Systems(November 20,12) r r r t 2 Commercial General Liability; $1,000,0l00 each occurrence-. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3 Asbestos Abatement Liability Insurance;When the project specifically requires the removal of Asbestos Containing Materials, the Contractor,or subcontractor performing i the removal,shall/be required to maintain Asbestos abatement Liability'Insurance as follows; $11,000,000 per occurrence; og aggregate I i a e shall include any pollution exposuire, including environmental impairment liability, associated with the services and operations performed under this contract in addition tol sud'd'en and accidental contamination or pollution liabiliity for gradual emissions and cleanup costs K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation,the Contractor shall procure, pay for and maintain g perils of fire,lightning,windstorm, n at all times Burin the terra of this Contract, Euild�er"s l�isl�/near "I" � land vehicles,vandals against mischief,at a limit equal to hurricane, hail.,riot,explosion,civic cornrnotion,smoke,aircraft, nd ve es, , q 100 of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being . If specifically " � stared on or o site required in the Instructions to Bidders, the plolicy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design performed by the Contractor or his agents shall be covered. Upon completion of the Work,the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. y� K-5 PROOF OF CARRIAGE OF INSURANCE The Contractor shall provide a certificate Hof insurance documenting the Transportation and Public Works Department,City of Fort Worth as a"Certificate bolder",and noting the specific projects)covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the u 1 Contractor depending upon the agents and/or insurers for the Contractor"s insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1 The City of Fort Worth shall be an additional insured,by endorsement,on all applicable insurance policies. � 2 Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3 Insurers of policies maintained by Contractor and its subcontractors), if applicable, shall be authorized to do business in the State of Texas,or otherwise approved by the City of Fort Worth,and such shall be acceptable to the City of Fort Worth insofar ,1 as their financial strength and solvency are concerned. any company through which the insurance is placed/ must have a rating of at least A„ "II, as stated in current edition of A. M. Best's Ivey Rating Guide. At the City's sole discretion, a less favorable rate may be accepted'by the City. Deductible limits on insurance policies and/or self insured retentions exceeding $10,,0010 require approval of the City of Fort Worth as respects this Contract. 5 The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 61 Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort" forth. 7) The Contractor shall' provide certificates of insurance to the City prior to colmmencement 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. The City of Fort' North 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. 10 Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11 "Other insurance""as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth. 12 Contractor shall agree to either, require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors. Construction burn Sum Contract Page 2 of 27.. General'Cond'ntions for Facility p Renovate Will Rogers Memorial Center Theatrical Audio System November 2012) l f r SECTION I L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may carder Changes in the Work within the general scope of the Contract consisting of additions, deletions or ether revisions,the Contract aura and the Contract Time being,adjusted accordlingly. Alll Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicablle conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor,Owner and the Architect,issued after the execution of the Contract,authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed'only by Change Order. rr Any changes in work rewired due to changed or unforeseen conditions,or by request of either the Contractor or the City„shalll be! coordinated with the Director,Department of Transportation and public Works. A change order must be written and duly negotiated and executed prior to perfoirm,ingi,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: 11) by mutual acceptance of a hump sum property itemized,including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; roll 2) by unit prices stated in the Contract Documents or subsequently agreed upon;or I 3) by cost and a mutually acceptable fixed or percentage fee. If none of the.methods set forth herein above is agreed upon,the Contractor, t � g p , provided he receives a Change Order,shall promptly proceed with the Work involved. The cost of such work shall) then be determined on the! basis of the Contractor"s reasonabile expenditures and savings,including a reasonabille allowance for overhead and profit as inducted in the original contract proposal. In such cases, the Contractor shall keep arid'present, in such form as the Architect shall prescribe, an itemized accounting together TIV with appropriate supporting data. Pendling final determination of cost to the Owner, payments, on account shall be made on the Architect's Certificate of Payment as approved by the Owner. f If after the Contract has been executed,the Architect,requests a price proposal from the Contractor for a proposed change in scope of the work,...Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writings. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and U/ price proposal to the Owner for approval. If approval is not recommended, the Architect will attempt to negotiate with Contractor to , rr revise!the proposal to a figuire which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price-not-to-exceed) figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. r Contractor is,advised)that according to City of Fort'worth Charter,that,the City Council must approve all Change Orders and Work Orders which,results in an increase in cost of the contract amount by over 25,,000. Normal processing time for the City Staff to obtain City Council approval„ once the recommended change order has been received at the City, is approximately thirty days. Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize it their impact on the construction schedule. r If unit prices are stated in the Contract Documents or subsequently agreed upon,and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship,on the Owner or,the Contractor,the applicable unit prices shall be equitably adjusted)to prevent such hardship. r r 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 E, where the Contract was not at fault, or (3)any written order for a minor change in the Work,the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COS�T'OR TIME: If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such cllairn.This notice shalll be given,by the Contractor before proceeding to execute the Work,except in an emergency endangering life or property in which case the Contractor shall proceed in accordance,with Section J. j No such claim shall be valid uinless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if rapproved by the Owner,shalll be authorized by Change Order. r L_3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall l be added to Material and Labor costs to cover overhead and profit: V 1111/1 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 15% per WF 2. Allowance to the Contractor for overhead' and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent 110 General Conditions for Facility Construction Lump Sum Contract Page 23 of 27 r Renovate Will Rogers I lernorial Center Theatrical Audio System(Nover,ber 20112) r; t l an adjust e L-4 MINOR CHANGES nt in the Contract mEor WORK:extent onr of�tthe Con'tra,ct Time and tnotrinconsistent with the intent of the Contract Documents. Such changes may be effected by'Field Order or by other written order. Such changes shall be confirmed in writing by the architect and shall be binding on the Owner and the Contractor.. L-5 FIELD ORDERS: The architect may issue written Field Orders which interpret the Contract Documents, or which,order minor changes in the Fork without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Carders promptly. SECTION IVY UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner,it must be uncovered for observation and replaced,at the Contractor's expense, If any other work has been covered which the Owner has not specifically requested to observe prior to being,covered,the architect. or the Owner may request to see such work and it shall be uncovered by the Contractor If such Work be found in accordance with the Flans and Specifications,the cost of uncovering and replacement shall, by appropriate Change Order,be charged to the Owner. If such work be found not in accordance with the Plans and Specifications,the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK. The Contractor,shall promptly correct all work rejected by the Owner as defective or as failing p s whether observed before or after;Substantial Completion and whether or not fabricated, to conform to the Flans and� ecufication installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architects, additional service thereby made necessary. If,within one year after the Cate of Substantial Completion or within such longer period of time as may be prescribed by law or by l guarantee required by the Contract Documents,any of the work� defective or not in the terms of any applicable special is found to be defer accordance with the Contract Documents,the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously giiven the Contractor a written acceptance of such condition, describing same specifically and not generally.The Owner shall give such notice promptly after discovery of the condition. preceding paragraphs shall be removed from the site where necessary and the All such defective or non-conforming wwrt�r under the recedin work shall be corrected to comply with,the Contract Documents without coast to the Owner. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor,dloes not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner,the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter,the Owner may upon ten additional days'written notice sell such work at auction or at private;sale and shall account for the net proceeds thereof,after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change girder shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount,the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non-conforming work,the Owner may correct it in accordance with Section G. The obligation of the Contractor under this Section shall be in addition to and not in limitation of any obliga ions imposed upon him by special guarantees required by the Contract Documents or otherwise prescribed by law, lUl-3 ACCEPTANCE OF DEFECTIVE OR NO:N-CONFORMING '+GIK: if the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in,which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sure, or, if the amount is determined after final payment,, it shall be paid) by the Contractor. SECTION l TERMINATION CF'TIDE CONTRACT' If the work is stopped for a period of 30 days under an order or any court or r other public authority� �ha��jurisdiction, rou o aunt or fault of the Contractor �, p g 1 g u t e Co t,actor 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 awake payment thereon as provided in Section I,then the Contractor may after the end of such periold of 30 days and upon seven additional days"written notice tol the Owner,terminate the Contract. General)Conditions for Facilit (Page 4 of 27 y p um Contract Construction.........Lure Sum Renovate ill Rogers 9emorial Center Theatrical audio System November 2012 J's ii N'-2 TERMINATION BY TIME OWNER: If the Contractor is adjudged as bankrupt,or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses,except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or labor,or fair to comply with al Laws,Statutes,Charter,Ordinances, regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, their the Owner, on, its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy an g` g y, if any,seven(7)days'written notice, terminate the employment of the Contractor and take possession of the site and of alll materials equipment,tools construction equipment and machine thereon p � � �th eon.. owned by the Contractor and may finish the work,by whatever method he may deers expedient. In such case the Contractor shall not be entitled i to receive any further payment until the Work is finished. p}„ If the costs of finishing the Work, including compensation for the Architect's s audditianal 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 y delivering to the Contractor a notice of termination specifying to what extent Termination will be effected b d performance of the work of the contract is bleing terminated and the effective date of termination. After receipt of termination the Contractor shall. a Stop work under the Contract on the date and to the extent specified on the notice of termination. b Place no further orders or subcontracts except as may be necessary for the completion of the work not terrrwinated, l; 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 cointract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City!Council of the City of Fort'"worth,and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract PIP- SECTION 0 SIGN'S The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict r accordance with the Specifications for"Project Dies gnation Signs.."This sign shall be a part of this Contract and shall be included in f the Contractor's Base Bid for,the Project. SECTION P TEMPORARY FACILITIES r P-11 SCOPE.- The Contractor shall furnish, erect, and maintain facilities and perform temporary, work required in the performance of this Contract,including those shown and specified.. �))� P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and 1 subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. w` P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and 11 sanitary condition for the duration of the Contract. Upon completion of the Contract,all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES ES AND HEI ,: The Contractor is not required to provide a temporary field office or telephone for projects under$1,000,0001. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City.. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of$1,000,000.00,the Contractor shall provide a separate field office for the City Ps field representative(but the separate office may be in the same structure). The buildings shalll afford protection against the weather, and each office shall have a lockable door,at least one window,adequate electrical outlets and lighting,and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable lochs. Field offices shall be maintained for the full time during the operation of the work of the Contract. Curing cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70 degree Fahrenheit temperature during the workday, luring warm weather the offices q .p g temperature. beloww?�5 degrees F. Upon completion of the of the shall be e luu ped with an air conditioning device to maintain work y Contract, the Contractor shall remove the building from the premises. In addition to the drawing ,shelf, provide for the City field General Conditions for Facility Construction Lump Sum Contract Page 25 of 27 Renovate Will Rogers Memorial Center Theatrical Audio System(November 20,12) r r representatives office:one deck,four chairs, plan rack and a four drawer fining cabinet(with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his use,(Location of sheds and trainers shall be as approved by the Owner.(remove sheds when work is completed,or as directed. 131-51 TELEP'HON'E. The Contractor shall provide and pay for telephone installation and service to the field offices described above.Service shall be maintained for the duration of operations under this contract..The Contractor shaalil 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 Nines and instruments for the City and the Contractor. P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the(project, Pi-7 UTILITIES Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction Contractor shall provide and install temporary utility meters during the contract coinstructiion 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 trap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades, Upon completion of the work all utility lines shall be removed and repairs made to,the existing lines. Only utilities at existing voltages,pressures,frequencies,etc.will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Ripe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps,tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary,electric service shall' be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines,lights,heating plant,air conditioning system,pumps,and other work required.Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lightingi. Supply and maintain temporary lighting so that work of a!ll trades may be(properly and safely performed,,in such areas and at such time that day lighting is inadequate. 'Provide at least 0.75 watts of incandescent lighting per su ugr4e foot and maintain a socket voltage of at least 110 volts., Use at least °I 00-watt lamps. In any event, the lighting intensity,shall not be less than 5 foot. candles in the vicinity of work and traffic areas. P-8 HEATING,* Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation,fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness,or rnilldew which is potentially damaging to materials and finishes. All such heating,ventilation and services shall be provided and maintained until final acceptance of all work. In addition,the Contractor shall provide heat ventilation prior and during the following work operations as follows- a) At aall times during the placing,, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b From the beginning of the a pp lication of drywall and during the setting and curing p eriod,provide sufficient heat to produce temperature in the spaces involved of not less than 55 Fµ c For a period of seven 7 days previous to the placing of interior finish materials and throughout the placing of finish Ip,ainting, decorating and laying of resilient flooring materials,provide sufficient heat to produce a temperature of not less than bo F. P-g TEMPORARY CONSTRUCTION, EQUIPMENT AND PROTECTION The Contractor shall provide, maintain, and remove upon completion of the work all temporary ridging, 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 ordinate 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 hire escapes, and other protective structures or devices necessary for the safety of workmen,City employees,equipment,the public and property. Al All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction,including insurance companies,with regards to safety precautions,operation and fire hazard. The Contractor shall provide wind maintain pumping facilities„ including power, for kee ig the site, all times, whether from underground seepage,rainfall,drainage of broken lines. The Contractor shall l maintain provision for closing and locking i the building at such time as possible to do so. If this is not feasible, maintain a night General Conditions for Facility p Contract 26 of 27 Construction Lump Sum Contract Pa Renovate Will Rogers Memorial Center Theatrical Audio System November 2012 /r 1% l,! The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract., Such protection shall be positive,shall meet the r,, approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified.. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish,install and maintain during the life of the project a vwreather- tight g bulletin board approximately 3 feet high by 5 feet pride having not lass than two hinged or sliding glass doors with provisions for locking. The bulletin board shall be mounted where and as approved by the Owner, in a prominent place accessible to employees ,; of the Contractor and suboontractorS, and to applicants, for employment. The bulletin board shall remain the property of the Contractor and shall be removed by him upon completion of the Contract work., The following information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor In easily readable condition at all tunes for the duration of the Contract. !, a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment(Standard Ionic 38). b. Wage bate Information Poster(Form SOL 155),vwrith the Contract Schedule of minimum wage rates as required by the Davis Bacon Act.. i C. Safety Fosters. l` SEc"nON Q �I r, VENUE .should any action arise out of the terms and conditions of this contract,venue for said action shall lie in Tarrant County,Texas. IF f 'l fr f. t r; i r 1j. / f„ l General Conditions for Facility Construction Lump Sure Contract Page 27 of 27 Renovate Will Rogers Memorial Center Theatrical Audio System(November 2012) i CITY of FORT WORTH, TEXAS CONSTRUCTION CIO CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY of TAR RANT This agreement made and entered into this the 12th day of Febru a[y A.D., 2013, by and between »� the CITY of FORT "FORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1 924, under the authority (vested in said rooters by the "Home f Ruler provision) of,the Constitution of Texas, and in accordance with a resolution duly passed at � � regular�ular rrneetnn i of the City Council of said cit y hereinafter called ol�Er�,, and Able Communications,s Inc. of the City of Grand Prairie, County of Dallas, State of Texas, hereinafter called CONTRACTOR. RACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed) by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said owner to commence and complete the construction of certain irnprovernents described as follows: Renovate Auditorium Theatrical Audio System at Will Rogers Memorial Center 3401 West Lancaster Avenue Fort Worth, Texas Project No.,T PW o 12 1 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 Flans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Flans and Specifications and Contract Documents are hereto attached and Fade a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within tern 10 days after being notified in writing to do so by the owner. l City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or,deductions therefrom, the price shorn 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 Three Hundred Thirt -Five Thousand and Four Hundred one Dollars and No Cents ($335,40,1 Contractor agrees to complete the project, suitable for occupancy and beneficial use, within calendar after receipt of Notice to Proceed letter. 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 approved by the Owner. The Contractor shall) be responsible for delivering to the Goner Able Corn mu nications, Inc. Contract Page 1 of 4 Renovate Auditorium Theatrical Audio System at FWCCU(February 2013) ��". 1 f' i the sub contractors' certificates of insurance for approval* The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance corers subcontractors. It is the intention of the owner that the insurance r coverage required herein shall include the coverage of all subcontractors a, WORKER'S COMPENSATION INSURANCE ,statutory limits Employer's liabilit y 0 $100, d isease each em plo ree. t 0 $5oo,o o disease policy limit $1 00,0100 each accident b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall l 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 injurer, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit, The insurance shall be provided on a project specific basis and shall be l endorsed accordingly, The insurance shall include, but not be lir-nited to, contingent liability for r� independent contractors, XC coverage, and contractual liability. c: BUSINESS AUTOMOBILE LIABILITY-, $ ,000,000 each accident 0 The policy shall cover any auto used in the course of the project d: BUILDER'S FRISK OR INSTALLATION FLOATER: This insurance .shall be applicable according to the property rids associated with the project and commensurate with -the contractual obligations specified in the rr� contract documents... ff# or e. EXCESS LIABILITY UMBRELLA $ ,000,000 each occurrence; $2,000,000 aggregate limit. This insurance shall provide excess coverage over each line of liability insurance required herein,., The policy shall follow the forms of the underlying policies. f. SCOPE OF JINSURANCE AND SPECIAL HAZARD.: The insurance required under the above paragraphs shall provide adequate protection for the contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone dlirectly or indirectly employed by it, against any insurable hazards which may be encountered in the �' performance of the Contract. f. PROOF of CARRIAGE OF INSURANCE-. _fhe Contractor shall furnish the owner with, satisfactory proof of coverage by insurance required in these contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made Able Communications, Inc,Contract a Page 2 of 4 Renovate Auditorium"rheatrical Audio System at FWCC(February 2013) %1 l upon the Contractor shall apply to the sub-contractors, Should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: IREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additonal insured on Contractors insurance policies excepting employer's liability i 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, 1000 hrockrnorton Street, fort v' orth, TX 76102, prig to commencement of work on the contracted project.. C., Any failure on part of the owner to request required insurance documentation. shall not constitute a waiver of the insurance requirements specified herein. ,f 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 drays notice shall' be acceptable in the event of non-payrnent of F premium M y e Insurer business in the State of texas and have Insurers, must � aut ori�e to do usrn current A.M. Best rating of ANII or equivalent measure of financial strength and solvency. f. Deductible limits, or self-funded retention limits on each policy roust not exceed $1 0,000.,. per occurrence unless otherwise approved by the Owner. q• In lieu of traditional insurance, owner may consider alternative coverage or risk treatment measures through inSLirance pools or risk retention groups. The owner rust approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the O wner. i. owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor' p such s� insurance policies she each be endorsed to provide that . insurance is primary protections and, any self funded or commercial coverage maintained by owner shall not be called upon to contribute to loss recovery. k. In the course of the project,.,., Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss Occ urrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 1. Contractor's liability shall not be limited' to the specified amounts of' insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all 41� insurance policies required by these contract documents. Able Communications,Inc. contract Page 3,of 4 Renovate Auditorium Theatrical Audio system at FW c(February 201 rr/, p, 1/ r" If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full am!ou:nt of the contract. If the contract is in excess of $1 001,000 Contractor shall provide both Payment and Performance Bands for the full amount of the contract. contractor shall apply for IMF all City of'Fort Worth Permits and for any other permits required by this project. City of' Fort Worth Permit fees are waived. Separate permits will be required for each facility If the Contractor should fail to complete the walk as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter pw become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and This Surety shall be liable to the Owner, for such deficiency, r IN WITNESS WHEREOF, the City of Port Worth has caused this instrument to be signed in four counterparts in its nave and on its behalf by the City Manager er and attested by its Secretary, with the corporate seal of the City of Fort Werth attached. The Contractor has executed this PIMP instrument through its dully authorized officers in four counterparts with its corporate seal attached Executed in the City f'Pei Worth,,Texas this the �? day of f� row A.D., 2 113. r y � � y *,04%-A% AV 013c) 0 ABLE C I" l IONS) INC. AP � �" ' By: ri/ iram Lopez, Fernando Costa President Assistant City,Manager A, APP RECOMMENDED: RECORDED: � By: �J L-A� B y ,;/, C ou la �Wiersi , PE Mary J. l ay Director, Transportation and P'u C Works City Secreta Department APPROVED AS TO FORMS AND LEGALITY: M&C C-26096 (February 12 201 Contract Authorization y L Assistant City Attorney Ask OFFICIAL RECORD ' CITYSECRETARY OFFICIAL E 16" S CORD C EC R A]R 0 rn T p f Ft Able Communications, Inc,. Contract Page 4 of 4 Fr Renovate Auditorium Th trical Audio Systern of FWCC Feb U'ary f r: Bond i( l PERFORMANCE BON r/ THE STATE,OF TEAS KNOW ALL BY THESE PRESENTS., COQ Y OF TA I Ir,, That we,Able Communication known as"Principal"here ,and corporates sw ty(sureties, if more than on duly authorized, to do busies mi the State of Texas,, kno w as "'Surety"' herein (whether one or more), are held and firmly bound unto the City of F rt Worth, a r. municipal corporation created pursuant to the lees of Texas, known as"City"harem in to penal seam of, Three Hundred and Thir v-Five Thousand and Four Hundred One Dollars and No Cents X335440 1.0 lawful money of the United States,to be paid i Fort Worms,Tint County,Texas for the payment t which sum well and truly to be made, we bird ourselves, our hefts,executors,administrators, ators, success rs and assigns,Join y and severally, firmly by these presents. . . , the P ' cipal has entered into a chain written contract with e City awarded the 2 h e r ar~ , w is Contract is hereby'referred to made a p hereof �-all purposes as if Mly set forth herei, to hu-nish all materials, equipment tabor and gather accessories defined by law, in the prosecutio of the Work, including any Change Orders,as provided for . said Contract designated as Reno�va e. udi or"urn Theatrical Audio SN-stem at Will Rogers Memo 'at Center located at 3401 Vest Lancaster Avenue Fort Forth Texas roi ect No.TPW 2 � NO'*V, THERJEFORE, the condition jai'' this obligation is such that if the said Principal shall fat ° rf t obligations under they Contract and shall all respects duly and faithfully perform the Work, including Change Orders, trader the Contract, according to the plans,s, specifications, and contract docurn,ents therein referred to, and as well dun"ng any period of extension of the Contract tbat may be granted on the pail of the City, then this obligation shalt be and become null and void, otherwise to remain in ill force and effect.. PROVIDED FURTHER,that if any legal aetio�n be filed on this Bind,venue shall lie in Tarrant County,Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. I j% J This bond is made and exacted in compliance with the provisions of Chapter 225 of the Texas 1f Govemment Code, as amended,and all liabilities on this bond shall be determined in accordance with to l Provisions,of said statue. LN r HESS WHEREOF, the Principal d the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 28th h day of FebElla 20113,. PRINCIPAL w Comnmications., Inc. ATTES, " Hires Lopez, President (Princip cr and Title Grand Prairie. Texas 7505 W'. ftns l SURETY 141 tk g sy s""OVtl Po IP' r"'yywr N B,Y u S ignaturr4e Oo m r l � Attw � � n act Name and Title !W p Ad ss, E. 4th l Street, Cincinnati, Ohl..' 5202 Witness as 3rety "telephone Number: 13-723-2740 Carob Maples J� *Note. If signed by an officer of the Surety Company,there must be on Tile a certified extract from the by-laws showing that this person has authority to sign such obligation. T Surety's physical l address is different from its nailing address, bath rust he provided. The date of the bond shall not be prior to the date the Contract is awarded. 1 1 ri �j f Bond I THE STATE OF TEXAS COUNTY OF That we,Able `cations Inc.- known as""Principal"herei,and t Gxeat Amr-Ican IDI%Ira=e,LC0ZWUy of New YQrk a r e rp rate �"(sure es), �authorized t usiness in the State of Texas, known as"'Surety"herein whether one or more), are held and finely bound unto the City of Fort Worth, a municipal corporation rrF created p the laurs of the State of Texas, own as "'City' herein, � the � free Hundred Th r!3-Five Tbousand, and Four Hundred One Dollars and No Cents JS335,401.0 lawful 111101pp money of e Unit States, to e paid Fort �� rth, Tarrant County, Texas, for the pad er t +� `�w�ich sure well and truly he made, we hind ourselves, our heirs, executors, administrators, successors and rrsf— assigns,jointly and severally, firmly by these presents., J% WHEREAS, Principal has entered into a certain written Contract with City, awarded the 2th "le a which Contract is hereby referred t and made part hereof for� �� as if full`,set forth h ui,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 Renovate Auditorium Theatn*cal Audio System at Will Rogers Alemorial Center, orated at 3401 vest Lancaster Avenue RA r Fort Nvorth,Texas 2roiect 1 o.TPW 2012-1 l NOW, THEREFORE, THE CONDMON OF THIS OBLIG.kTION is such that if Principal shall pay all monies owing to any and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as ended) in the p�r secution of the Work under the Contract, then this PIP f obligation shall be and become null and void otherwise to remain in fall force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Goverment Code, as amended,and all liabilities on this hand shall he determined va accordance with the pro sio s of said statute, 1 IN WITNESS 'W"HEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly autho e ageuts and officers can tMs the 8 Lh� day of Fe. MO PRINICIPAL ABLe Commications, Inc. ATTEST: ram Pre s ident (Pr ncipa Name and Title Grand Prali rli, TX 75050 C' 1 SURETY: f Greg t An*.rl"-Can insurance Company of w York M hl" Jb tv qp Az Piz f �i0."RWfi N o M ?Nm1 •; N'h F w+1 rc Dive M Sigma 1 . rnEl � a, c Name and Tints Wo Address E. 4th St.re.e. r c t~ Ohio 45202 n r witness as to urea Telephone Number: 13723-2740 Carolyn es 1, polp Note: If siped by officer of the Surety, there Faust be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If'Surety's physical address 'is different from its mailing address,both must be provided. The date of the bond shall not be prior to the date to Contract is awarded_. i 1, GREAT AMERICAN INSURANCE COMPANY OF' NEW YORK i New York Administrative office:301 E 4TH STREET * CINCINNATI,OHIO 45202 . 513-369-5000 e FAX 513-723-2740 The number of persons authorized by this power of attorney is not more than FOUR No.0 i POWER OF ATTORNEY' KNOW ALL MEN BY THESE PRESENTS:That the GREAT AMERICAN INSURANCE COMPANY OF NEW YORK,a corporation organized and existing under r and, of the laws State New York, � �hereby nominate,constitute and appoint the person r persons named below its true and lawful ul attorney-in fact,for 1t and in its name, place and stead to execute on behalf of r the said Company,as surety,any and all bonds,,undertakings and contracts of suretyship,or other written en obligations in the nature thereof;provided that the liability of the said Company on any such bond,undertaking or contract of suretyship executed under this authority shall not exceed the limit stated below. "tp Name Address Limit of Power JOHN Rw WILSON VIC CIE A. ROSS ALL OF ALL GREG WILKERSON GLENNA DAVIS FORT WORTH, $,7 ,000,000.00 TEXAS This Power of Attorney revokes all previous powers issued on behalf of the attorney(s)-in-fact named above. IN WITNESS wl'ii'°HEREOl=,the GREAT AM ERIC AN INSURANCE C OMPANY"CAP NEW YORK has caused these presents to be signed and attested by its appropriate officers and its corporate seal hereunto affixed this 16TH day of MAY 01 Attest GREAT AMERICAN INSURANCE COMPANY OF NEW YORK t: CLSEAL �f_�r Assistant Secretary 1,)ivisional Seni r vice President I AVIw D C.' ITCHIN(877-377-2405) ;STATE OF OHIO, ss: pip C�Cu�N OF HAIIIIL�C On this 16TH des of MAY , 20 y ,before rite personally appeared to rune known, y p .� CHIN�,� 1 are � � being duly sworn,deposes and,says that he resides in Cincinnati,Ohio,that he is a Divisional Senior'dice President of the Bond Division of Great American Insurance Corripany of New York,the Company described in and which executed the above instrument; that he knows the seals that it was so affixed by authority of his office under the By-Laws of said Company, and that he signed is name thereto by like authority. NOTARY PII LI,C STATE OF OHIO it �r This y ' granted by authority of the following resolutions adopted by the Board of Directors of Great �"� i�s l�ow�rer of Attorney �s ra f American Insurance Company of New York by unanri,mous written consent dated May 14,2009. RESOLVED: That the Divisional President,the several Divisional Senior Vice Presidents,Divisional Vice Presidents and Divisional Assistant Vice Presidents, or any one of them, be and hereby is authorized; -f from time to time, to appoint one or more Attorneys in act F", to execute on behalf of the Company,as surety,any and all bonds, undertakings and contracts of suretyship, or other written obligations 1; in the nature thereof,to prescribe their respective duties and the respective limits of their authority;,arid to revoke e are such appointment at any time. RESOLVED FURTHER:That the Company seal and the signature of any of the aforesaid officers and any Secretary or Assistant ,secretary of the Company may be affixed by facsimile to any power of attorney or certificate of either given for the execution of any bona, undertaking,, contract of suretyship, or other written obligation in the nature thereof,such signature and seal when so used being hereby adopted by the Company as the,original signature nature of such officer and the original,seal of the Company, to be valid and binding upon the Company with the same force and effect as though manuall r affixed. q CERTIFICATIO N 1,ST"EP"HEN C.RERAHA Assistant Secretary of Great American,Insurance Company of New"York,do hereby certify that the foregoing Power of Attorney and the Resolutions of the Board of Directors of May 14, 20109 have not been revoked and are now in full force and effect. JJ ,Signed and sealed this 28th day of e.b irwry 2013 i Si L t W Assistant Secretary etary S1 1 851(4/11) J' Great .American Insurance Compa,ny of New Fork GREATAmERICAN, Great American Alliance ce n ur nce Company INSURANCE GROUP Great American Insurance Company J, O IMPORTANT NOTICE: E To obtain information or make e a complaint-. You may contact the Texas Departs gent of Insurance to obtain information on companies, coverages, rights or complaints,at 1-800-252-3:439 You may write the Texas Department of Insurance at: P.+ . Box 14914 Austin TX 78714- F" X.- 1-512-475-1771 Your notice e of claim against the attached hond may be given to the surety company that I issued the bond by sanding it by certified or registered mail to the following address. Mailing Address. Great American Insurance e Company P.O. Box 2119 Cincinnati Ohio 45202 Physical address: Great American Insurance Company 301 E. Fourth Street r Cincinnati, Ohio 45202 You may also contact the Great A merican Insurance Company Cla im office by: Fax: 1-888- 0-3706 Telephone: 1-513-369-5091 Email: bon claimsC� aic.coi PREMIUM OR CLAIM DISPUTES: PIP If you have a dispute concerning a premium, you should contact the agent first. If you have a dispute concerning a chain , you should contact the company first. If the dispute is not resolved,you may contact the Texas Department of Insurance. r ATTACH THIS NOTICE TO YOUR 1 D: This notice is for information only and does not become a part or condition of the attached document. F. �667A(3/11) FPO BLEC-2 OP ID* E CERTIFICATE OF LIABILITY INSURANCE /2 / 3 THIS CERTIFICATE IS ISSUED AS A► MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER., THIS CERTIFICATE DOES NOT AFFIRMATIVELY" OR NEGATIVELY AMEND, EXTEND, OR ALTER TIME COVERAGE AFFORDED ` TIME' POLICIES BEL[1W., THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT T BET"N EEN' THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. A IMPORTANT: If the certificate Holder Is an ADDITIONAL INSURED,the policy Iea must he endorsed. �It'SU'BR CATION IS WAI'T'ED, subject t► f It the terms and conditions of the policy,certain policies may require are endorsement. A statement c ry this certificate dues not conifer rights to thlr certificate holder in lieu of such endorsements . PRODUCER Phone: 7 2 -57 01 cT Tw�mie.F_o....�da r Frost Insurance-Fort Worth P" ' .. _. .._ ......___ FX -4205750 17� � � �� ,.. 817-420-5750 P.O.Box 33528 Fa '? 1 Ft.Worth TX 76162 E-MAIL to _ Greg A.1>I Wilkerson ADDRESS. m�ie.fouda@frostinsurance.com .a'_�.... ..�m AFFORDING COVERAGE w INSURED A:America First Lloyds Ins Co INSURED Able Communications Inc INSURER B:Peerless Indenr pity Ins Co 18333 1413 Ea Grand Prairie,T"�7� � ��7�� INSURER _.. °�,� 6 __. �: ►��rIICI First I'� t�IIrI��e ....mm.. .._ INSURER D:Netherlands Insurance Co 24171 i INSURER E IN UI RER F' COVERAGES CERTIFICATE NUMBER REVISION NUMBER: BER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTAN DING ANY REQUIREMENT,CEMENT, TERM OR CONDITION L ION CAF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE ATE MAY BE ISSUES OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS, F SUCH POLICIES,LIMITS SHOWN MAY HAVE BEEN'REDUCED BY PAID .�... CLAIMS, S, INSR POLICY I PE OF INSURANCE POLICY NUMBER MM D YY IMP LIMITS GENERAL LIABILITY H OCCURRENCE ..�. 1,000,000 UiM _E X COMMERCIAL t ENERAL LIABILITY P�REI'�I� � E� n�rr �r e...... 300,000 �"EP� ��, 7 � 12/13112 7��'"�� i..... .. ......_,_ CLAIMS-MADE E X OCCUR MEL E P(Any one p $ 5,00 PERSONAL&Al l INJURY.— 1,00 ...,. ....._e��. �� . _ I I 1 GENERAL AGGREGATE, 2,0001000 'PC LILY ' 1PRODUCTS .�' .... _ �,I , 000 j GEN'L AGGREGATE LIMIT APPLIES PER'. PRO UCTS-COMP/OP AGC PRO- Ltd _ .., AUTOMOBILE LIABILITY FIFA ED SINGLE LINT 10000,000 f 12113/1,3 ANA�AUT " n "�'�� BODILY INJURY CPe P�er� z BA1 "�� — ALL OWNED ... BOI�I LY N SCHEDULED JURY(Per accident) $ �........ AUTOS AUTOS INJURY NON-OWNED PROPERTY DAMAGE HIRED AUTOS ._ AUTO Per ...�...ro r, crIru�)'._... X L��IELLA LIMB X ODOUR AO,H.._..00CURRENCE u, w_ 10,0003001 .....—,. ... C 1 EXCESS LIAE CLAIMS-MADE !CU8886255 12/13112 1 X11311 3 � AGGREGATE 1070002000 DEI X I RETENTION"NTION$ 10,0001 j r WORKERS a «OMPENSATI N T `�TL lITU C TH_ AND EMPLOYERS LIABILITY I D ANY PI PI IET 3R I�PA TNER/E. ECIJ!TIV'E��I+� WIC1 115800 1 2113112 12113113 E.L.EACH ACCIDENT $ 1,0009000 (Mandatory in NH) E.L.E,L.DISEASE E9IPLOYEE 17000100:0 if yes,describe under 11000,000 DESCRIPTION r% ' CAF'OPERATIONS below E.L D ISEASE-POLICY LIMIT A Installation Fltr CBP1015799 12113112, 12113113 Limit 500,001 r./F A Leased Equipment CBP10115799 1211 3112 12113113 Equip 60,000 l DESCRIPTION OF OPERATIONS!LOCATIONS I VEHICLES (Attach ACORD 101,Additional Remarks Schedule,if mo spa+e i required) Project T'' 201.2-1.6 Renovation of the Theatrical trrical Audio System Will Rogers Memorial enter f l% f CERTIFICATE HOLDER CANCELLATION CIFWE.. SHOULD ANY OF THE ABOVE DESCRIBED POLICIES,BE CANCELLED ELLED BEF+C:RE THE EXPIRATION 'DATE THEREOF, NOTICE WILL BE DELIVERED ERED IN i ACCORDANCE WITH THE POLICY PROVISIONS. City►of Fart Worth 1000 Orton Street Thre� Il`� Ala-rHIIZEIa REPRESENTATIVE Fort Worth,'TX 761012-6311 11988-2010 ACCORD CORPORATION. All rights reserved.. F''r ACORN 25(201 105) The ACORN name and logo,are registered marks of ACO,RDI N I NSURED'S NAME Able Communications Inc O,P Ill Eli DATE The l General cemeAla �I� gas include a blanket, pdd.t insured endorsement, hat rovides such status, only when ire I Is a written contract,that requires,such status. � n General Liability,policy conta ns an endorsement with""Primary and r t di f, The Gleneiral Liability;A to d�iullllty and Workers Compensation policies, contain,blanket automatic Arai r of subrogation endorsement that provides this feature only when there is a written contract requiring such. 1 r a r' f Pent,;. IF f' r r% 1 f' J/ 1 r; 4 I CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW r Pursuant to Texas Labor Code Section 406.096(,0, as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on Proiect No. r2 12 17 t o RenoIvate Auditorium Theatrical Audi : stem at Will RoLyers Memo rIal Center located at 3401 rest Lancaster Avenue Fort Worth 'rera s.Contractor further certifies that,pursuant to Texas Labor'Code, Section 406.09 b , as amended, It will p�rovlde to Cite its subcontractor's certificates of f compliance with worker's compensation coverage. r CONTRACTOR: AReew 1.opez. r 1 , Company lease imn tt)) 31 4r, Signa Address Title: 'fre 0 to. r City/State/Zip( (Please se Print) THE STATE OF TEXAS N COUNTY of TARRANT BEFORE ME,the undersigned gut orit on this,day personally appeared m_ owl. to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that be/she executed the same as the act and deed of / " for the purposes and consideration therein expressed and in the capacity hereln stated. GIVEN ER MY MANIC:, AND SEAL OF OFFICE this day of 41 , 2013. exas l 40i'aly le l� for ,. ±. M!Ll��NDA LYNN OFFETT XPj Commission ExPires ptil Aptil 24.2017 ; y of T' c'I's MM f r vrz f; r