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Home My WebLink AboutContract 44157 (2), � THIS COF'Y, IS FOR:, � , � � � � ci`� S�CRET�� I � C^��6A�� pB�` J-'CONTRRCTOR vs� raw► n� :' ' 1I CITY SECRETARY T H E C I TY O F F O RT W O RT H T EXAS SPONSORING DEPT � PROJECT MANAGER TPW FILE COPY Auditorium Theatrical Lighting System at Will Rogers Memorial Center TPW2012-05 i' �' BETSY PRICE TOM HIGGINS MAYOR CITY MANAGER Douglas W. Wiersig, PE Director, Transportation & Public Works Department Kirk Slaughter Director, Public Events Department Schuler Shook, Theatre Planners Baird, Hampton and Brown, Inc., Engineering and Surveying Ed A. Wilson, Inc. January 2013 oFFic��►� ��W�� 0?_ —r) �-1 3 P�� 4� 3 � I"J ��i S��'+�� qa$9 TX City of Fort Worth, Texas Mayor and Council Communication . _ � _ _ ,�. ___ . ---,. _ __ ��:_..`�_ :��:.��:�.�.�.:-_ _ . _ _ .� __ _ _ COUNCIL ACTION: Approved on 12/18/2012' - Ordinance No: 20547-12-2012 �--�-{.-_. .- -- — - __ . ---- ---- -._ __ - _. ____ _ _ --- --- --- DATE: Tuesday, December 18, 2012 LOG NAME: 25THEATRICAL LIGHTING WRMC REFERENCE NO.: **C-26021 SUBJECT: Authorize Execution of a Construction Contract with Ed A. Wilson, Inc., in the Amount of $572,900.00 to Renovate the Auditorium Theatrical Lighting System at the Will Rogers Memorial Center and Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $648,000.00 and Decreasing the Assigned Culture and Tourism Fund Balance by the Same Amount (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the execution of a construction contract with Ed A. Wilson, Inc., in the amount of $572,900.00 to renovate the auditorium theatrical lighting system at the Will Rogers Memorial Center; and 2. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and Tourism Fund in the amount of $648,000.00 and decreasing the assigned fund balance by the same amount. DISCIDSSl�R: This project will provide an up-to-date theatrical lighting system in the WRMC auditorium for the many theatrical events that are scheduled through the year. The existing lighting system was installed over 20 years ago and is unreliable and requires frequent repairs. It is also in need of an upgrade to provide a more up-to-date and efficient theatrical lighting presentation for the many events. The project was advertised in the Fort Worth Star-Teleqram on September 20, 2012 and September 27, 2012. One Offeror submitted a proposal and the required Post-Proposal Pre-Award documents (Base Proposal plus Add Alternate Nos. 1 through 3): Ed A. Wilson, Inc. ($448,000.00 + $124,900.00) $572,900.00 On November 1, 2012, the Best Value Selection Committee met and addressed the proposal. The committee members included representatives from the Public Events Department, M/WBE Office, theatrical lighting consultant, electrical engineer consultant, and Transportation and Public Works Department. As the proposal is within the Sponsoring Department's project budget, the committee recommended awarding the contract to Ed A. Wilson, Inc. The overall project cost is expected to be: Construction $572,900.00 Logname: 25THEATRICAL LIGHTING WRMC Page 1 of 2 Contingency, Staff $ 75,100.00 Total $648,000.00 � � The major portion of this work is for specialty theatrical lighting equipment, installation, and testing of the system. The other portion is for electrical work (in the amount of $90,800.00). In addition, the amount of $75,100.00 in contingency and staff costs will be required. Ed A. Wilson, Inc., is in compliance with the City's Business Diversity Ordinance by committing to four percent MBE participation for the electrical portion of the work. Opportunities were limited on this project because 70 percent of the recommended contract award is for the purchase of the specialty theatrical lighting equipment, installation and testing of the system. The City's goal for this project is five percent for the electrical portion of the work. The project is physically located in COUNCIL DISTRICT 7, but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendation and adoption of the attached supplemental appropriation ordinance, funds will be available in the current operating budget, as appropriated, of the Culture and Tourism Fund. Upon approval, the assigned fund balance of the Culture and Tourism Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: TO Fund/Account/Centers GG04 539120 0246000 CERTIFICATION�: FROM Fund/Account/Centers $648,000.00 GG04 539120 0246000 Submitted for Citv Manaqer's Office by: Oriqinatinq Department Head: Additional Information Contact: GG04 539120 0246000 $648,000.00 $572,900.00 Susan Alanis (8180) Kirk Slaughter (2501) Kirk Slaughter (2501) ATTACHMENTS 1. 25THEATRICAL LIGHTiNG WRMC Revised SA013.doc (Public) 2. Available Funds 25Theatrical Liqhtinq WRMC 12112012.pdfi (CFW Internal) 3. Confract Compliance.pdf (CFW Internal) Logname: 25THEATRICAL LIGHTING WRMC Page 2 of 2 TRANSPORTATION AND PUBLIC WORKS - ARCHITECTURAL SERVICES __ BID TABULATION___ V Project: RENOVATE AUDITORIUM THEATRICAL LIGHTING SYSTEM Tabulated by: VICKI MCDONALD WILL ROGERS MEMORIAL CENTER 3401 W LANCASTER AVENUE FORT WORTH TEXAS Eng. Estimate: $ 405,000.00 Project #: Addendums: 2 . TPW Project #: TPW 2012-05 ' Bid Date: OCTOBER 18, 2012 Advertised: SEPTEMBER 20 & 27, 2012 1 Ed A. Wilson, Inc. 2704 Lipscomb Street Fort Worth, Texas 76110 � 817-926-0231 '� 817-926-0691 FAX glangston@edawilson.com DESCRIPTION BID BASE�PROPOSAL $ 448,000.00 _ -- — Equipment Cost - _ . _ _ . _ _ . _ $ . _ - 268;000:00--- -- —__ . _ ..__ _ _--- __ _ -- Electrical Work $ 90,800.00 � ALTERNATES DAYS Aiternate No. 1 $ 21,400.00 0 -- - -- Alternate No. 2 $ 79,500.00— --0- - Aiternate No. 3 . $ 24,000.00 0 $ 124,900.00 ADDENDUM'S: � 2 CALENDAR DAYS: 273 1 of 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 Auditorium-Theatrical Lighting System at Will Rogers Memorial Genter Request for Proposals Submittal Date: October 18, 2012 (NO CHANGE) The Request for Proposals. for the above project is hereby revised and amended as follows: 1. Attached is additional information for Section 11 61 53 prepared by Schuler Shook dated 08 October 2012. Acknowledge the receipt of this Addendum No. 2 on your' Proposal. � DOUGLAS W. WIERSIG, PE - DIRECTOR, l'RANSPORTATION & PUBLIC WORKS DEPARTMENT ---- _- -- — By:- - -- ---__ _ _. ._._ ---- Dalton Murayama, AlA Architectural Services manager Facilities Management Division 817-392-8088 FAX 817-392-8488 RELEASE DATE: October 8, 2012 Renovate Auditorium Theatrical Lighting System at WRMC Addendum No. 2(October 8, 2012) Page 1 of 1 � . . t� � �. � � :5..3 ��➢ f &:..,r � � €t r � � , � i � . ��4 E Will Rogers Memorial Center Auditorium Theatrical Lighting System Addendum No. 2 Prepared by Schuler Shook - 08 October 2012 The following amends and is made part of the bid and contract documents for the referenced project Item 1: Add the following: Section 11 61 53. " Part 2.2 Portable Lighting Instruments -. C.8.c. Philips Selecon Aurora Cyc Item 2: Add the following: _- . — ---- ----- - ---_ -- - - _ _ _ __-- Section 11 61 53. Part 2.2 Portable Lighting Instruments A.2.c. _ Philips-Strand_Lighting-Lekolite-. _ - ___ _ _ _ . ____. End of Addendum � �. t �� ;s �� , :�� .. ��___ . w..�.,, � � r _� , j ,�:, ,,�:. ;.<;: .. .....�:�E �_;'�;3:; . � :,�'; . ' . . i� �.,,�ki�,'�., fir 33�.iz: �_ ; _f _ . '.. iit; i. � . ! ..,. ,�. ., ;.��::� C�:�';_,� i„ ��_ t �'t�•: � �. ....,z a . .. t ',� :� . �,?., _ ..�,f ,. ,�,�.;�:� CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 -- Auditorium Theatrical Lighting System �at Will Rogers Memorial Center Request for Proposals Submittal Date: October 18, 2012 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. In Notice to Offerors, Page 1 of 26, replace the fifth paragraph to read as fol�ows: "The Notice to Proceed will be issued in the December 2012 - January 2013 timeframe for the contractor to submit RFIs and shop drawings, and to order the equipment and materials. The available dates for the renovation.work is from Monday, June'24, 2013 - Friday, August 30, 2013. The work must be completed within this timeframe." 2. Pre-Proposal Conference was held on Tuesday, October 2, 2012. Attached is the attendees list. -- -- --__ _ _ - -- -_ _ _---_ Acknowledge fhe receipt of this Addendum No. 1 on your Proposal. DOUGLAS W. WIERSIG, PE � - - - --- DIRECTOR, TRANSPORTATION-&-PUBLIC WORKS DEPARTMENT By: Dalton Murayama, AIA Architectural Services manager Facilities Management Division 817-392-8088 FAX 817-392-8488 RELEASE DATE: October 2, 2012 Ftenovate Auditorium Theatrical Lighting System at WRMC Page 1 of 1 Addendum No. 1(October 2, 2012) � ai � o U � �c- .� � � � � j X (tS c- �' � � N � � j O +-�}�� r V p � Q � � � Z F � U' � J N U J `o tL' Q ,,,, '---_ 1^- � _ v _ , �� O O N .� � � � EJj F oa¢ fr- o n � � Q U � � �.S • c a� �. i ((S '' -------A-___. . � 0 N ..- - -.. _._ _ _- -----Y---- - �. O � U -0 w., 7 � � � � '� � L�7y O C (6 � p c cc� L � C W � � p � N >, � �U Ut=ti .� a� a� o U � � � � ~ U) � x c� i6 � F" � N � V � O � � .� � �` � O -- LL � � F _ c� � � U o � N aoo � �- N h p�i, ai � �. � , f- - - � 0. Q I- o n `' � d U � � � � � � � � --- _ __ _ _ o � � --- � 0 � :� *.. � �. � y�� _ a�� _� o� Y � L Rf f1 O N o � :� G •U U I` � � V � � � � � � � � _ ._ D � � . -- � '� � � � � � 3 � �y � � � � � � �' � � � t � � � � ' � � . � a � � � a .� � � � � � � � � � � �. 1�, � � � � � n �- - � � � � _ � - —�— - ---_ _ __ - -- — _ . N M r' "�` � ty pqj � � f � � �` �j \ a �- � M �. r� c � C}. �?, M �n � �j � oU - --_ � n t� � r t' �' i" � � � � � � � � � � '� 3 � � � 0 � � 3 3 � < � � � � 1� � N � . � g � `'� � v �, 3 �, - � � - � u - . J -- - — --- -- -- - - 0 1s� - -- -- _ c� � � � � � � � d .� � �; � � � �` � � � � � 4 � � �� z NOTICE TO OFFERORS - Proposals to Renovate the Auditorium Theatrical Lighting System at the Will Rogers Memorial Center located at 3401 West Lancaster Avenue, Fort Worth will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76107, until 1:30 P.M., Thursday, October 18, 2012, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. After evaluating the Pcoposals submitted, the City shall select the Offeror that offers.the_Best Value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. A Pre-Proposal Conference will be held at 10:00 A.M., Tuesday, October 2, 2012 at the South Texas Room in the Amon Carter Exhibits Building at the Will Rogers Memorial Center, Fort Worth: The estimated construction cost is in the $405,000.00 range ($248,000.00 range for the equipment and $157,000.00 range for the electrical work). There are three Add Alternates as addressed on the Proposalform. . The Notice to Proceed will be issued in the December 2012 - Janiaary 2013 timeframe for the contractor to submit RFIs and shop drawings, and to order the equipment and materials. The available dates for the renovation work is from Monday, June 24, 2012 - Friday, August 31, 2012. The work must be completed within this timeframe. As of June 1, 2012, the City of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. Refer to the Request for -- Proposal documents for fhe Minority Business Enterprise (MBE) Information. MBE"parCicip`ation will be -- evaluated in awarding this Contract. The MBE participation requirement is 5% for the electrical work portion. Offerors must submit Utilization Plan within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Contact the MBE Office at (817) 212-2678 to obtain list of certified subcontractors and suppliers. Also, Refer to Section 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) in this Instructions to Offerors. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. If you intend to submit a proposal, inform the Project Manager or Architect who can then inform interested subcontractors and suppliers. General Contracfors a�Supp iers may make copies of the Instructions to Offerors, General Co�cn itions, -- _._ _ Drawings, and Specifications through their printer. The bid documents may be viewed and printed on-line. - - ----_ _---- -- -- -. - __ Bid documents are not available at the.City. The bid documents may be viewed and printed on-line by logging on to https:/lproiectpoint.buzzsaw.com/fortworthqov with the user name "Cowtown", password "Cowtown2004", and click on "T/PW Projects". Contact the Project Manager, Ronald Clements, at (817) 392=8014 or Email Ronald.clements(cr�.fortworthtexas.gov for assistance. For additional information contact Alex Robertson, Schuler Shook, (214) 747-8300, or Email arobertson(a�schulershook.com and Ken Randall, PE. LEED AP, Baird, Hampton, and Brown, Inc. (817) 338-1277, or Email krandall(a�bhbinc.com. . Advertisement: September 20, 2012 September 27, 2012 RFP Instructions to Offerors Page 1 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) TABLE OFCONTENTS NOTICE TO OFFERORS TABLE OF CONTENTS INSTRUCTIONS TO OFFERORS PROPOSAL TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE WAGES RATES WEATHER TABLE CONSTRUCTION CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW PROJECT SIGN RFP Instructions to Offerors ' Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) Page 2 of 26 INSTRUCTIONS TO OFFERORS PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: Use the Proposal Form provided below. •_ -___ _ Entries on the Proposal Form may be handwritten or_typed. • Write in contract duration if not specified. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (�5%) per cent of the total of the bid submitted (5°/o of the total of both fire stations if the Offeror is submitting_ proposals for both fire stations). In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or � required under_federal_law; or (2) have obtained reinsurance for any liability in excess of $100,000 _ _ --- -- _--- _ _ _-- from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a ---- �ur_ety_on._obligations permitted.or required under�ederal_law—Satisfactory_proof-of_-any-such. reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. --SELECTION OF CONTRACTOR: ---------- The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. - In determining the Best Value Offeror, the Citywiil consider: ' 1. Proposed cost (60%) The lowest priced responsive proposal will receive 60 points for this rating criteria. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. --- - -- -- . _-- - -- 2. Proposed level of_MBE_participation (10%). 3. Proposed project .schedule (10%) The estimated performance period is in the 45 - 60 calendar range. The Notice to Proceed will be issued to the contractor in the December 2012 - January 2012 timeframe to submit RFIs and shop drawings, and to order the equipment and materials. The available dates for the renovation work is from Monday, June 24, 2012 - Friday, August 31, 2012. The work must be completed within this timeframe. Proposals with a proposed schedule within this range will receive 10 for this rating criteria. Proposed schedules that are shorter by no more than 20% of the estimated performance period will also receive 10 points. For all other proposed performance periods, the points awarded will be reduced by one percent for every percent the proposed schedule is different from the estimated performance period, rounded to the nearest whole number. For this project, the Arena Meeting Rooms will remain operational during the construction period. The selected contractor will accommodate the event schedules on a RFP Instructions to Offerors Page 3 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) case-by-case basis with the accepfance of the extension of contract time at no additional cost to the Owner. — -- 4. Reputation and experience of the Offeror as demonstrated by listing past and present Audio projects where 24/7 service is provided, and references with names and telephone numbers, and list of subcontractors, if applicable (10%) 5. Offeror's past relationship 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. 6. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unabie to negotiate a contract with the selected Offeror, the City shall, formally and in ,. writing, end negotiations with that Offeror and proceed. to the next Offeror in the order of the selection ranking until a contract is reached or all prop'osals are rejected. -- 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) Minoritv Business Enterprise Provisions: - As of June 1,-2012,—The-City of Fort Worth is implementing the new Business-Diversity Ordinance- - (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the M/WBE Office at 817- 212-2674. This wiil ensure that MBE listings reflect only those currently certified by the North Central Texas_Regional Certification Agency (NCTRCA) located in the,six_(6)_county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority Business Enterprises (MBE) in the procurement of goods and seryices. If Che total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be applicable. The MBE goal on this project is 5% for the electrical work. _.. -. The inform�ion shall-be submifted with�he proposal and shall include: (1) fhe n— a��ress and------- telephone nucnber of-each MBE; (2) the description of the work to be performed by-each MBE; - and (3) the approxima e o lar amount/percentage of the participation: ---- -------- -- A Minority Business Enterprise is defined as a business concern located in the Marketplace meeting the following criteria: a. is at leasf 51 percent owned by one or more minority.persons, or, in the case of any publicly owned bus.;ness, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or .more minority persons who own it. RFP Instructions to Offerors Page 4 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal. -- Offerors must submit the best value utilization form within 5 business days of submitting their Best Value Proposal. If an Offeror is certified as a DBE, MBE, SBE or WBE firm, please be aware that the City's Ordinance does not allow a certified company to count itself towards the established goal; the goal represents subcontracting opportunities. If an Offeror (regardless of certification status or if a non- D/M/S/BE), however, forms a joint venture with one or more MBEs, the MBE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated MBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure MBE participation. Failure to submit the MBE participation information or the detailed explanation of. the proposer's Good and Honest Efforts to meet or exceed the stated MBE goal, may render the proposal non- responsive. The MBE plan will be part of the finaf weighted selection criteria. —_ 3.._ ___. BID_SECURITY: Cashier's_che_cl�or_an_acceptable bidder's bond_payable to the City.of_F.o.r_t Worth, in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to --------- --- ---execute the contract documents-within-ten-(10) days after the contcact has been awarded,—T-he -- ---=- 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 90 calendar days of receipt of bids, unless the Bidder agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet tlie 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 aufhority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the ____..____holder__of. a certificate of author�ty�r_o�the_U.ntie_d_States_secretary_of the treasury to qualify_as_a __ ------ surety on obligations permitted or--required under federal law. Satisfactory proof of any such___.._ __ ---.----.-- reinsurance shall be provided-to-tl�e-Cif�-upon.--request.--T_he-City, in its sole discretion,-vuill __ determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to fhe 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. RFP Instructions to Offerors Page 5 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the -- contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shail be solely for the protection of the City of Fort Worth. 5. PRE-BID SITE INVESTIGATION: Prior to filing a response, the bidder shall examine the site(s) of the work and the 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 bidder shall be considered evidence that it has complied with these requirements. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposaL 7. WAGE RATES: Ndt-less than the prevailing wage rates set forth in Con'tract Documents must be paid on this project. 8. POST proposal - PREAWARD SUBMITTALS: Offerors are required to submit the following --- ----information to the Architectural Services Division,—Faeilities-Management-Group;-401-West 13th- ----- Street, Fort Worth, Texas 76102 (phone number 817-392-8088), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid ---- - o enin in order to assist Cit staff in determinm the Contractor's ca abilit of erformin the p 9) � Y 9 P Y P 9 work and in meeting City contract requirements: Minority Business Enterprise Documentation (for proposals in excess of $50,000) -- ------ Contractors Qualification Statement (AIA Form A305 or equivalent) including references Proposed Subcontractors and Suppliers Project Schedule � Schedule of Values or.Divisions 1 through 16 Breakouts Proof of insurability for Statutory Workers Compensation Insurance 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substi#ute. 10. DISCREPANCIES AND ADDENDA: ----- _ -------- Should a Offeror find any discrepancies in the drawings and specifications, or should it be in doubt -- ----- ------ ---- --- --- -- - ---- as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed bids. . Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work cailed for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non-responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. RFP instructions to Offerors Page. 6 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) � 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate oflnsurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS:_.Contractor shall apply for all City of Fort Worth Permits and_for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. _ . .. 15. BID DOCUMENTS: Hard copies of bidding documents may be obtained directly frdm printers or downloaded and printed by the Offeror. - --- - 16: MANUFAC-T-URER'S-REFERENCE: Gatalog,-brand-names, and-manufacturer's-references.-are---- ---- descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed `- -- ... . _. � - -- informa-tion as required fo allow "the arcfiitecf to determine--the accep�bility of -proposed - substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also refer to specification section 01630 Product Options and Subsfitutions. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submiftals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. RFP Instructions to Offerors Page 7 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) PROPOSAL T0: MR. TOM HIGGINS CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH, TEXAS ' FOR: Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center 3401 West Lancaster Avenue Fort Worth, Texas ' TPW 2012-05 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable PerFormance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base Proposal �448,000 Equipment Cost (Included in Base Proposal above) $268,000 Electrical Work (Included in Base Proposal above) � 90,800 Completion within 273 calendar days after date of Notice to Proceed. 12-1-2012 thru 8-30-2013 Add Alternate No. 1 $21 �400 (Replace existing road show panels with company switches. See Specifications 11 61 63, 1.18 Company Switches) Additional calendar days; if required —o— Add Alternate No. 2 �79.500 (LED Cyclorama lighting. See Specifications 11 61 53, 2.2.D LED Cyclorama Lights, and 2.3.8 Alternate #2 Instrument Schedule) Additional calendar days, if required _n_ RFP instruction to Offerors Page 8 of 26 Renovate Auditorfum Theatrical Lighting System at WRMC (October 2012) Add Alternate No. 3 __. $24,000 (Add dimmer sticks. See Specifications 11 61 66, 2.2J.1.b for quantity) Additional calendar days, if required —0— The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. �_� Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. I_I Non-resident vendors in (give state), are not required to underbid resident bidders. B. Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($_�, is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $50,000) • I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted, RFP Instruction to Offerors Page 9 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (October 2012) � T 1 � � Le U I I � By: Address: Company � Signature Ed A. Wilson Printed Name of Principal 2704 Lipscomb St. Street President Title Fort Worth, TX 76110 City Zip Phone: 817-926-0231 Fax: 817-926-0691 Email: 8langston@edawilson. com Receipt is acknowledged of the following addenda: Addendum No. 1:� Addendum No. 9: Addendum No. 2:,�C� Addendum No. 10: Addendum No. 3: Addendum No. 11: Addendum No. 4: Addendum No. 12: Addendum No. 5: Addendum No. 13: Addendum No. 6: Addendum No. 14: Addendum No. 7: Addendum No. 15: Addendum No. 8: Addendum No. 16: ti RFP Instruction to Offerors Renovate Auditorium Theatrical Lighting System at WRMC (October 2012) Page 10 of 26 �_� TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser, Firm or Agency: City of Fort Worth, Texas Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton City, State, Zip Code: Fort Worth Texas 76102 Telephone: (817) 392-8360 l, the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on fhe attached order or invoice from: All vendors Description of the items to be purchased, or on the attached order or invoice: All items except motor vehicles as lisfed below _.____—____ _._ Purchasec_cfaim_s_th_is exemption_forthe fo(lowing_reason;__ ___ _.._ _. __.__ Governmental Entitv , _ _. . _ __ _ _— _ _ _ . __ --- _ _ _ _ ---- ---_ _ _ — -- - I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of fhe sfate, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental valuefior the period of time used. ------ -- - i understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which I know, at the time of purchase, will be used in a maniler other than expressed in this certificate and that upon conviction I may be fined nbt more than $500 per offense. � (� , Purchaser: Title: Date; February 1, 2007 Note: This certificate cannot be issued for fhe purchase, lease or rentaf of a m� vehicle. THIS CERTIFICATE DOES NOT REQUIREA NUMBER 7'O BE VALID Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not ex�s�. This certificate should be furnished to the supplier. Do not send the completed certificate ta the Comptroller of Public Accounts. RFP Instruction to Offerors Page 11 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) 1 1 � . . . . � . � AC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Acoustical Ceiting Helper Abestos Worker Bricklayer/Stone Mason Bricklaver/Stone Mason Hel. $25.92 $15.81 $15.56 - $12.27 $0.00 $18.54 $10.39 $17.08 $13.45 $13.97 512.14 $1.01 $0,00 $0.57 $0.19 $0.00 $0.24 $0.00 $1.62 $0.75 $0.41 $0.19 $0.83 $27.91 $0.00 $0.30 $16.77 $0.03 $0.12 $16.26 $0.00 $0.00 $12.46 $0.00 $0.00 $0.00 $0.00 $0.00 $18.78 $0.00 $0.00 $10.39 $0.17 $0.81 $19.69 $0.08 $0.71 $14.99 $0.04 $0.14 $14.55 $0.04 $0.11 $12.72 $0.03- ------ $0.15-- ----$14.88. $0.03 $0.10 $12.39 $0.02 . $0.30 --- $16.98 $0.00 $0.28 $13.05 $0.00 $0.00 $15.07 $0.00 $0.00 $11,57 $0.05 $0.38 $23.29 $0.05 $0.27 $16J3 $0.00 $0.00 $20.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18.00 $0.00 $0.00 $10.00 $0.-38- -- --$0:71- -- $21.54 $0.10 $0.35 $15.13 $0.12 $0.08 . $17.08 $0.11 $0.13 $11.81 $0.06 $0.08 $11.30 $0.06 $0.12 $14.41 $0.00 $0.00. $17.00 $0.00 $0.00 $15.00 Page 12 of 26 Concrete Finisher Concrete Finisher Helper Concrete Form Builder------- Concrete Form Builder Hetpe $11.72 � $0.54 Drywall Helper $12.43 $0.33 Drywatl Taper $15.00 $0.07 Drywalt Taper Helper $11.50 $0.07 Electrician (Journeyman) $21 J7 $1.08 Electrician Helper $15.32 $1.09 Electronic Technician $20.00 $0.00 Etectronic Technician Helper $0.00 $0.00 Floor Layer (Carpet) $0.00 $0.00 Ftoor Layer (Resitient) $18.00 $0.00 Floor Layer Hetper $10.00 $0.00 Giazfier---- -- --- $18.53--$�I:93 - Glazier Helper $13.49 $1.20 Insulator $16.59 $0.29 Insulator Helper $11.21 $0.36 Laborer Common $10.47 $OJO � Laborer Skilled •$13.24 $0.98 �Lather $17.00 $0.00 l.ather Helper $15.00 $0.00 RFP Instruction to Offerors Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) Metal Buitding Assembter ' $16.00 $1.56 $0.63 $0.00 $18.19 Metal Building Assembler Hetper $12.00 $1.56 $0.63 $0.00 $14.19 Fainter $12.57 $0.69 $0.02 $0.09 $13.37 Painter Helper $9.98 $0.61 $0.02 $0.09 $10.70 Pipefitter $21.14 $0.90 $0:13---- $0.45 $22.59 Pipefitter Helper $14.92 $0.58 $0.11 $0.23 $15.82 Plasterer $17.24 $0.05 $0.00 $0.00 $17.30 Plasterer H etper $12.85 $0.05 $0.12 $0.43 $12.90 Ptu m ber $20.33 $0.69 $0.12 $0.43 $21.56 Plumber Hetper $14.95 $0.95 $0.11 $0.00 $16.42 Reinforcing SteelSetter $13.01 $0.36 $0.07 $0.23 $13.67 Reinforcing SteelSetter Helper $11.19 $0.25 $0.05 $0.16 $11.64 Roofer $16.78 $1.25 $0.23 $0.17 $18.43 Roofer Helper--- _--- __ _ _ _ $12.33 $1.25 --- --___$0.23_ __ $0.17 . $13.98 Sheet Metal Worker $17.49 $0.97 $0.10 $0.51 $19.06 -- - SheetMetal-Worker-Hel er- --- p __ _ _- -- $14:16 _ �1.40_ _-S�i: l7 -'-$0.-44-___ $16.15 _ _ ___.__ _ SprinklerSystem Instalter $19.17 $1.68 $0.33 $0.33 $21.52 Sprinkter System Installer Helper $14.15 $1.50 $0.00 $0.50 $16.07 Steel Worker Structural - $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker Structural Helper $13J4 $1.37 $0.39 $0.09 $15.59 Concrete Pu m p $18.50 $0.00 $0.00 $0.00 $18.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $17.81 $1.30 $0.12 $0.24 $19.48 Forktift $12.96 $0.42 $0.04 $0.08 $13.50 Foundation Drill Operator $22.50 $0.00 $0.00 $0.00 $22.50 Front End �oader - $13.21 $0.36 $0.06 $0.17 $13.79 ---- Truck Driver $15.21 $0.65 $0.06 0.19 $16.11 ---- Welder--- - - ---_-----$17-.81 $0.92 _---$0.-12 -�0:30 $19�15---- ----- - Welder Helper $12.55 $0.75 $0.00 $0.33 $13.64 RFP Instruction to Offerors Page 13 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) WEATHER TABLE Month Average Inches of Snow/Ice Days of Rainfall Pellets Rain January ] 1.80 1 February 7 2.36 * March 7 2.54 * April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 Novemb-er 6—_. ___ _.._ 2.03__-. ___-_*_--_ December 6 1.82 * ANNUALLY 77 32.30 1 (1) Mean number of days rainfall, 0.01" or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more * Less than 0.5 inches This table is based on information reported from Dallas-Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. - P-recipitation is based on recor-d-of�9-41-1�-7-0-per-iod—__- _- ____ _ . _ _ - — ----- ---- - -- —______This_table is to be used as.a basis�or-calcuJation_of_excess_cain_or_weather days for projects_with _ duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice-pellet days for a given month, the contract period will be adjusted by Change Order. RFP Instruction to OfFerors Page 14 of 26 Renovate Auditorium Theatricai Lighting System at WRMC (January 2013) --- City of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITiONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS. A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of th_e written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Gonditions, Specifications, Plans, Bonds and ail Addenda, Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. ' A-2 ENTIRE AGREEMENT: The Contract Documents [epresent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed,in six originals, with all required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to 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 a�n safisTy�i��imself as to tfie conditions tfiat wiil 6e encountered Yelafing-�f e c arac e�, qualify and quantity of work-fo tie - � 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 actuaily 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 ifems necessary fio� the proper execution and completion of the Work. Words thaf have well-recognized technical or trade meanings are used herein in accordance with such recognized meanings. A=7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: The 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 shali be fumished at the instance of the Architect or at the request of the Contractor, or Owner, and will be issued with reasonable promptness and at such times and in accordance with such schedule as may be agreed upon. Such Interpretations shall be consistent with the purposes and intent of the Plans and Specifications and may be effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman, or involving any question of fault or liability of any party, the decision of fhe Owner shall be final and binding. - In the-event-of-ineonsis#er�ey-in-the-contract-documents; the following sequence-for-in#erpreta#ion-shail-be-used-in-order-of--- precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date_of_issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications_Special Provisions; Supplementary General Conditions; General Conditions; --- -- _ - ------------- and, Consfruction Contract. A-9 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shail 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 o� 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. General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) Page 1 of 26 A-10 MINORITY AND WOMEN-BUSINESS ENTERPRISE (M/WBE) POLICY: The City of Fort Worth has goals for the participation of Minority and Women Business Enterprises (M/WBE) in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included. The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federaliy funded Projects. A-11 CORRELATION AND INTENT: In general, the drawings indicate dimension, locations, positions, quantities, and kinds of conStruction; the specifications indjcate the quality and construction procedures required. Work indicated on the drawings and not specified of vice-versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified, If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shail take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. A-12 AGE; in accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employmerit, 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 perticipants, 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 asserfed by tliir�3c parties or su contractor againsf City arising out of Contracto�'s and/or ifs subcontractors' alleged failure --- to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. _______ ____ ___: _ A-13_. _. DISABILITY:_ In_accordance_with_the_provisions of. the Americans. With Disabilities_ Act_ of��0_('ADA"_),__C.ontractor____ -_____ warrants that it and any and all of its subcontractors wiil not unlawfully discriminate on the basis of disability in the provision of ' services to the general publ�c, nor in the availability, .terms and/or conditions of empioyment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other , applicable federal, state and locai laws concerning disability and wili 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=refe�enced laws concerning disability discrimination in the performance of tfiis agreement� -- SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shali 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 Generai Conditions. The design architect or engineer may also be designated to perform the duties of "ArchiteoY'. The term "City" and "Owner" are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works .or his designated representative. 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 shali: � a) Stop work under the Contract on-the date-and to the extent specified on the notice of termination. '---- __—_ — -------- _— --- -------- -- — b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated, c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the.work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shali 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 shail be resolved and be decided by the City Councii of the City of Fort Worth, and the decision by the City Councii of the City of Fort Worth shail be final and binding upon all parties to this cont'ract. , General Conditions for Facility Construction Lump Sum Contract — Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) — B-3 DUTIES OF THE ARCHITECT: As used herein, tNe term Architect means the Architect or his authorized representative. -- Nothing contained in these Contract Documents shail 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 Documents uniess changed in writing by the Owner. The Architect will be available for conferences and consuitations with the Owner or the Contractor at aii reasonable times. B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such _access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Building Construction Manager will make determinations and recommendations.concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owrier. The ArchitecYs decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK: The BCM wili 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 then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop. Drawinqs...The Architect will review Shop Drawings�nd_Samples. Two copies of each approved_Shop Drawing.and submittal wiil be provided to the Owner by the Architect. Three copies wili be returned to the Contractor. Chanqe Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive all wriften guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each gua�antee. --__ ----- 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 Compietion. Operation and Maintenance Manuals The Owner will recei've 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 -- ;WNER ------ -- _ _ _----- --. _._.. C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting_herein_by its_duly authorized representatives --- — ---- in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of �Transportation and Public Works Department and members of the Facilities Management Division. Generaily speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration. C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. General Conditions for Facility Construction Lump Sum Contract — Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) G3 INSiRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM. C-4 ACCESS TO JOB SITE: The Owner shali at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themseives with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on-site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's appiications fo[_payments. ____. C-6 AUTHORITY TO STOP WORK: The Owner wiil have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Owner wili have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect thafi the Work is substantially complete, the Owner will schedule a Substantiai Completion inspection to be conducted by the Architect and attended by representatives of the Architect, Owner and Contractor. Items identified during this inspection as being incomplete, defective or deficient shall be incorporated into a punch list and attached to the AIA document G704, which is to be prepared and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after fina) payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in ali his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, untii the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly, pertinent bo�documents, papers end reco�ds of such subcontractor, invoiving transactions to the subconfract. The term "subcontracP' as used herein includes purchase orders. _. .._ .___ __....__Contractor_agcees_to_photocopy.such documents_as.may be requested by the_city The_city_agcees.to-reimburse Contractor_foc_the_ __ _. costs of copies at the rate published in the Texas Administrative Code. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. , D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exciusive right to control the detaiis of the Work and services performed hereunder, and ail persons performing same, and Contractor shall be solely responsible for the acts of its officers, agents, and empioyees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions -- - of the Gontraet; Drawings�pecifications,-Addenda and-modifications and shall at-once-report-#o-tMe-Ownerand-to-the Architect-any-- - error, inconsistency._or-omission he may discover. The Contractor shail do no work--without--Drawings, Specifications and Interpretations: D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for ali construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. _ _. _ The successful_ low bidder will use its reasonable best efforts to hire locai laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical �ighting System (January 2013) The Contractor shall at all times enforce strict discipline and good order among his employees, and shali not employ on the Work any unfit person or anyone not skiiled in the task assigned to him. D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAI�ING WAGE RATE. Duty to pav Prevailinq Wage Rates. The Contractor shaU comply with ail requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. Penaltv 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. Compiaints of Violations and Citv Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a contractor or subcontractor, the City shall make an initial determination, before the 31s� day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the confractor or subcontractor has violated Chapter 2258, the City shall retain the fuli 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 Re4uired if Violation�Not Resolved. An issue relating to an alleged violation of Section,2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes its initial defermination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11 th day after the date that arbitration is required, a,district court shall appoint an arbitrator on the petition of any of the persons, The City is not a party in the arbitration. Tlie decision and award o�he arbit�ator is final and binding on all parties and may be e�force m any court of � competent jurisdiction. Records to be Maintained. Tbe_Contractor�nd_each subcontractor-shall, for_a.period of three (3) years_following_the_dat�of_—____ acceptance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this confract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pay Estimates. With each partial paymenf estimate or payroll period, whichever is less, the Contractor shall-submif an affidavif stating that the Contractor has complied with the requirements of Chapter 2258, Texas Govemment Code. Postinq of Waqe Rates. The Contractor shali post the prevailing wage rates in a conspicuous place at the site of the project at ail times. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. 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 Gontractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that ail 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, tfie Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. _ -- -- ---- _ ___ — — --- _ -----___ ____ __ _The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or rem��rovided by law or the Contract Documents. --- _ __-------_ . D-9 - TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. D-10 LICENSES NOTICES AND FEES: The Contractor shali 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 wiih all Laws, Ordinances; Rules, Regulations and Orders of any public authority bearing on the perEormance of the Work. if the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore and bear all costs attributabie thereto. General Conditions for Facility Construction Lump Sum Contract — Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) D-11 CASH A�LOWANCES: The Contractor shall-5nclude in the Contract Sum ali 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 aliowance shail be included in the Contractor Sum and not in the allowance. The Contractor shall cause the Work covered by these allowances to be performed for such amounts and by such persons as the Owner may direct, but he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the ailowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. — --- _ ---- ' ----__ D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in .writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB-CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub-contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said P.lans, 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 Coritract 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 shail exceed the contract price or prices set forth in the said pians and specifications made a part hereof, the Contractor and/or its Surety� shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the A�chitecYs approval;-an estimated progress schec3ule for the -�V� o c.�The p�ogi-ess schecJule 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 shali 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_delive _ry_schedule_for major pieces.of equipment and/or materials. _____— _ _. The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of - all Drawings, Specifications, Addenda, approved Shop Drawings; CFiange Orders, and other Changes and Amendments in good- - order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work. The Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work. D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which iilustrate 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 seguence 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 fhe Contract Documents or subsequentiy by the Architect as covered by changes or -- mendments� Shop-Drawingsand Samples shall be-properiy-identified-as-specified;-orasthe-Architect may require: At the time-of - submission the Contractor shall inform the Architect in writing -of- any--deviation in the Shop Drawings or Samples from the -- requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data; and that he has checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with.reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The ArchitecYs -- approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) - The ArchitecYs approvai of Shop Drawings or Samples shali not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. D-18 SITE USE: The Contractor shali 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 mate[ials 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 shali 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 shail rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise aitering the Work or any part of it. D-20 CLEAN UP: The Contractor at ail times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom-clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom-clean", Contractor shali .- clean all giass, replace any broken glass, remove-stains, spots, marks and dirt from decorated work, clean hardware; remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and ferrazzo 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 tfie BCM. D•22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shali observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the __. . _ ___Suppiemental_Conditions.contained in the ProjeckManual_ ___._ . ___ _ ___ � ___ _ _._._____ ___._ _ ._ ________ SECTION E SUBCONTRACTORS E-1 --- DEFINITION: A Subcontractor is a person or organization that has a direct cont�act with the Contractor to perform any of tfie 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 materiaimen. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabrioated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if nbne is so designated in the bidding requiremenfs, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the A.rchitect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shali not constitute acceptance of such person or organization. - If,-prior-to-the-award-ofi tMe-Eontract,-the-Owneror-Architect has an objective to-any-persomor-organization-on-such list,-and-refuses- --- to accept such-person. or orga'nization, the apparent low bidder may, prior to the award,-.withdraw- his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at_its discretion, accept the bid or he may disqualify the _ — -- ----_ bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is aiso acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors) which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect onder the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) 3. . Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub-subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive ail 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 Aii 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 appiied as to the Owner and the Architect, whether or not such provisions are physically inciuded in the sub- contract. E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE): Should the base bid be less than $25,000, the requirements of this section do not apply. General: In accordance with City of Fort Worth Ordinance No 15530 (the "Ordinance"), the City of Fort Worth sets goals for the participation of minority and women business enterprises (MNVBE) in City contracts. Ordinance No 15530 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The M/WBE�documentation required by the procurement solicitation mustbe.submitted within five city business days after bid opening. Failure to comply with the City's MIWBE Ordinance, or to demonstrate a"good faith effort", shail resuit in a bid being considered non-responsive. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors and or suppiiecs prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcon rac ors �o tFie NIN�7BE;Office and tfie Construction Manager. Contractor inus proviae the City wifh complete- and accurate information regarding actuai work performed by an M/WBE on the contract and proof of payment thereof. ,Contractor further agrees to permit an audit and/or examination of any books, records or files in iYs possession that will substantiate the actual __._____.___.__work performed by an MLWBE Thelnisr_epcesentation.of facts and/or the_commission of fraud.by_the_Contractot�rillb_e_gr_ounds_for_.. termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to faise statement. An offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three (3) years. The failure of an offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the offeror being determined to be an irresponsibie offeror and barred from participating in City work for a period of time of not less than _-- -- -- _ _ -_ _ _ _-- _ -- ----- - - - . one 1 year. • The Contractor may count toward the goal any tier of MWBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MIWBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract: Change Orders: Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work. Whenever a change order is $50,000 or more, the M/WBE Coordinator shall determine the goals appiicable 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 MNVBE participation commitments submitted with the bid/proposal or during negotiation, without prior §ubmission of the proper documentation for review and approval by the MWBE Office. � 2. If substantial subcontracting_ and/or_ supplier opportunities arise during the term of any contract. when_the_ Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the ` -- --- - -- -- — ---- - -----. _- --- Contractor shali notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12.3 and 12.4 of the OOrdinance, exclusive of the time requirements stated in such subsections, 3. The Contractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract, the Contractor wishes to change or delete one or more M/WBE subcontractors or suppiiers. Justification for charige of subcontractors may be granted for the following: 1. An M/WE3E's failure to provide Workers' Compensation Insurance evidence as required by state law; or - 2. An M/WBE's-failure to provide evidence of general liability or other insurance.- under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1) the limits required of the Confractor by the City; or 2) the limits contained in the Contractor's standard subcontract or suppiy General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) - agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non- M/WBE subcontractor's/subconsuitanYs or suppiiers; or 3. An MWBE'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) b) c) d) A change in the amount of the previously agreed to bid or scope of work; or The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City fwice a_month; or - Any limitation being placed on the ability of the M/WBE 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. Mediation shail be a consideration before the request for change is approved. 4. An M/WBE defaults in the performance of the executed subcontract. In this event, the Contractor shall: a) b) . � c) Request bids from all M/WBE subcontractors previously submitting bids for the work, If reasonably practicabie, request bids from previously non-bidding M/WBEs, and Provide to the M/WBE office documentatiorr of compliance with (a) and (b) above. 5. Any reason found to be acceptable by the MNVBE Office in its sole discretion. Within ten days after final payment from the City the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier, including non-M/WBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion aliowed to the Contractor on account of such Subcontractor's Work. The Contractoc 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 anyinsurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may, on request and at its discretion, furnish to any Subcontracto.r, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110, as appropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. - No-subcontractor-will-be employed on this Project,-except-as-specifieallq-approved by-the-City,-who-is-contained in the listing-of ----.-- -- contractors debarred, ineligibie, suspended or indebfed to-the-United_States from contractual dealings with Federal government ---------_ departments. The work performed by any such contractor or subcontractor will be_ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance, These documents will ' 6e'sUbmitted to the prime co�itractor who will compile them and submit to�the City. The subcontractor can satisfy fhis requirement by submitting a properiy executed Department of Labor Form WH-347. General Conditions for Facility Construction Lump Sum Contracf - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical .Lighting System (January 2013) Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT:. The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAI. RESPONSIBI�ITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and � coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such wbrk that render it unsuitable for such proper ezecution and results:.Failure of the Contractor to inspect and report shall constitute an aeceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due _... _- _ __ --- notice, settle with such other contractor by agreement, if he will so settle. if such separate contractor sues the Owner on account of any damage a�eged to have been so susfained; the Owner shall notify the Contractor who s�ll defend againsf such suit at the Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shail pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with __. _---- - -__----such_suit.- F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting, fitting or patching of his Work that may be required to flt 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 RIGHT TO CLEAN UP: If a dispute arises beiween the separate contractors as to their responsibility for cieaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Department of Transportation and Pubiic Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G•1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictiy comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and ail of its officers and agents against any claim or liability arising from or based on the violation of any - --such-L�ws;-Statt�tes-6harter,-Ordinances,-Regulations, or Directives, whether-by-himself; his-employees�gents or-subcontractors: - - - ---- --- G-2 GOVERNING LAWS: It is mutually agreed_and understood that this agreement is made and entered into by the parties -- ------- — - --- --- - -- hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL LIABILI'f'Y OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in contiection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmentai funetion and shall not incur any personal liability by virfue 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 Taz. General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) The Owner is responsible for otitaining the Building Permit. The Contractor and the appropriate subcont�actor 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. Buiiding, plumbing, electrical and mechanical building permits are issued without charge. Wafer 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 harmless and defend, at its own expense,_the_Owner, its officers, servants and employees, from and against any and_ail_claims or suits for property loss, property damage, personal injury, inciuding death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such injurv, damaqe or death is caused, in whole or in part, bv fhe neqliqence or alleqed neqliqence of Owner, ifs officers, servanfs. or emplovees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such in/ury or damaqe is caused in who/e or in part bv the neqliqence or alleqed nepliqence of Owner, its officers, servants or emp/ovees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the ciaim has been settled and/or a release from the claimant invoived, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a resuit of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2; this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shail not assign or sublet all or any part of this Contract or his rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without ------ - -- --- ------ --the p�ior written consent ofOwn�er s ialll�e void. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or _-____ ___.—_member of the firm_or__to_an_officer_of_the_corporation.for whom_itwas_intended, oc_if delivered_ator_sent_b.y__r_egistere�or_certified mail to the last business address known to him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Contractor agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materiais furnished in the prosecution of the Work,-sucr 6onds being as provided and required in Article 5160 of the Revised Civif Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the totai contract price, and the said surety shall be a surety company duly and legally authorized to do business in. the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. ' To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury �ist of Acceptable Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. Such a surety must reinsure � any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized, accredited, or trusteed to do business in the State of Texas. --- --- Should any surety for the-contraeted-project be-determined-unsatisfactory-at any time during same,-the£ontraetor-shall-immediately-- ----- provide a new surety bond satisfactory-to the.City. - -- - - - -- -- -- — - -- _-- _ If the ¢ontract amount is less than $25,000, payment shail be made in one lump sum 30 calendar days after completion and acceptance of the Work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, inoluding the cost of the ArchitecYs additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He shail defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the General Conditions for Facility Construction Lump Sum Contract - Ed A. Wiison Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) -- Contractor has reason to believe that the design, process or product specified is an infringement of a patent, he shall be responsible- for such loss unless he promptly gives such information to Owner. G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected, tested or approved, the Contractor shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection,. tests and approvals uniess otherwise provided. If after the commencement of the Work, the Owner determipes that any work requires special inspection, testi�g or approval not _______ included above, the Owner, upon written authorization from_the Owner, will instruct the Contractor to order such special inspection,______ testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such speciai inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shail bear ail 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 shali secure certificate of inspection, testing or approval, and three copies will be promptly delivered by him to the Owner. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner. If the Owner wishes to observe the inspections, tests or appro.vals required by this Section, they will do so promptly and, where practicable, at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from his obligations to perform the Work in accordance ::: �ry.^.�� with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. interruption shali be by approved sections of the utility. In some cases, the Contractor may be }equired 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 if i§ necessary to interrupt the existing utilities, the Contractor shall notify thie Owner in writing at eas ten days in advance of the time that he desires the existing service to be interrupted. The interruption time shail 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 tim,e desired_by�he_Contractor._In_such_cases, the.interruption may have to be scheduled_a�a - time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to Architect for adjustment before work -----__ affected is performed. Failure to make such notificatfon shall place responsibility upon Contractor to carry out work in satisfactory - workmanlike menner at the Contractor's sole expense. The Contractor shali be heid responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing. work, the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholly responsibie for the correctness of same. No extra charge or compensation wili be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. ____ G-15 EXISTING OVERHEAD OR UNDERGROUND WORK:__The_Contractor shall carefully check the site where the project is-. to be erected and observe any existing overhead wires and equipment. An � 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. �ocation of existing underground lines, sfiown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation ofjointed floor, wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; General Conditions for Facility Construction �ump Sum Contract- Ed A. Wilson Renovation of the Wili Rogers Memorial Center Theatrical Lighting System (January 2013) 2. Place joints to relate to all opening and breaks in the structure and be sym"metrically piaced wherever possibie. This includes heating registers, light fixtures, equipment, etc. If because of the non-related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect a�l existing street and other improvements from damages. _ _------ _---- Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner.� G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos-containing materials are not incorporated into any portion of the project, including advising all materiais suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potebie water supply. G-19 LOCATION OF EQUIPMENT AND-� PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown: When this situation occurs, it shail be brought to the ArchitecYs attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the ArchitecYs approval. He shali remove and relocate such items at his own expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines and/or adjacent wall, floor or ceiling surfaces. G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacifies by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on :___ _._._._...__ flflors_orsopfs�efor.e.they-haveattainedtheir_permanentandsafestrength. _—___ ____—_ .__.___—..._. . ___________ G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shail be construed to mean that said application or installation shail be in strict accordance with printed instructions furnislied by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such inst�uctions shalf be furnished to the Architect and his approvai thereof obtained before wo�k is begun. G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a resuit of the Work. At completion of work, the General Contractor shall, immediately prior to final inspection of complete building, execute the following final cleaning work with trained janitorial personnel and with material methods recommended by the manufactures of installed materials. 1. Sweep and buff resilient floors and base, and vacuum carpeting. 2. Dust all metal and wood trim and similar finished materials. 3. Clean all cabinets and casework. - —4—Dast�ll-eeilingsand-waUs---------- ----- __ --- -- __5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non-resilient materiais. 7. All hardware and other unpainted metals shall be cieaned and polished and all equipment and paint or decorated wbrk shali be cleaned and touched-up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cieaned similar to inferior of buildings and left in good order at the time of final acceptance. All paint surFaces shail 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 shail be borne by Contractor. General Conditions for Facility Construction �ump Sum Contract — Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) 10. Cieaning, 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. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a resuit of any operations during the construction period. If serious problems or complaints arise due to air-borne dust, or when directed by the Architect, operations causing such probiems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION:_ The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing fiammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside tlie building shall be kept in closed metai container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas weiding 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 shaii be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However, in ail 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 wili 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 membe�s be cut without w�itten consenffrom tlie Architect: G-26 PROJECT CLOSEOUT __ _-- — -- - - --- -- -- — -- - _--- -------- . _ . _ . . — -- -- --- — . - _ --- Final Inspection, Record Drawinqs: Attention is called to General Conditions Section entitled, "Substantial Completion and Final ' PaymenY'. Maintenance Manual: Sheets shall be 8%2" x 11 ", except pull out sheets may be neatly folded to 8'/z " x 11 ". Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment andlight fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, other materials. Submit six copies of Maintenance Manual, prior to request for final payment. Operational Inspection and Maintenance instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and --- Specifications. This reqairement-shaH-be-seheduled-just-prior-to-and-during the initial start up-After-all-sys#ems-are-fi�nctioning-- - properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and-.maintenance of each item. G-2T GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to finai payment, guaranfees 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 shali guarantee the entire Project for one year. in addition, where separate guarantees, for certain portions of work, are for longer periods, Generai Contractor's guarantee shall be extended to cover such longer periods, Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative ancJ commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is resuit of abuse, rieglect by Owner or his successor(s) in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless suppiemented by the Technioal Specifications or the manufacturer's normal extended General Conditions for Facility Construction �ump Sum Contract — Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) warrantees, the Contractor shail warrant all work materiels, and equipment against defects for a period of one year from the date of final acceptance. The Cdntractor further agrees to bear all costs of making good ail work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS: Upon compietion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be __ _ delivered to Architect. Where a.choice of materials and/or methods is permitted herein and where variations in the scope or .___ character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shali 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 actuai location of all sub-surface utility lines, average depth below the surface and other appurtenances. G-29 CONSTRUCTION FENCE: At the Contractor's option, he may provide a substantial chain-link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY STORAGE HAND�ING: The Contracfor shall handie, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to instailation. ,-- G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shail remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S� REFERENGE: Ca�og, r-6 and names,--and-manufacture�s references are descn�ive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shail inform the City of any substitutions intended for the project witnin 5 business days of bid opening. Failure to inform tne City of substitute projects will obligate the Contractor to — ___provide_the_specified_.material if awarded_the_coatcacf. WilhirL1_4_days_after_ bid_opening_ and_upon_ request. of the Contractor the _ Contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptabili#y of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. --- -- -SECTION H CONTRACT TIME H-1 DEFINITIONS The Contract Time is the period of time allotted in the Contract Documents for completion of the Work and is the number of calendar days elapsing between the date of commencement and the date of substantial Completion plus additional days assessed for failure to complete punch list items from the Final Inspection in a timely manner 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 6e 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-ottier-form-of acceptance wiil 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 Fort Worth. A Workinq Dav is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memoriai 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. General Conditions for Facility Construction Lump Sum Contract- Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) H-3— DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at-any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any empioyee of the Owner, or by any separate contractor employed by the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather tabie provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. Ali_cl_a.ims_ 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 ciaim for delay shall be ailowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shali 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 wiil 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 I-1 CONTRACi' SUM: The Contract Sum is stated in the contract and is the totai amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SC1=IEDOGE OF VACUES: - Before -the fi�sf Applicabie for Paymen�the Contractor shall su6mit to the Arofiifect a Schedule of Values of the various portions of the Work, inciuding quantities if required by the Architect, aggregating the total Contract Sum, divided so as to� facilitate payments to Sub-contractors, prepared in such form as specified or as the Architect and the _____ _ ______ Contcactor_ma.y_agcee_upon,.and_supported.by_such data to substantiate_its�orrectness_as_the_Architect may_require._Each item in _ the Schedule of Values shall include its proper share of overhead and profit. This Scnedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. I-3 ADJUSTMENT OF QUANTITIES 1=4 -"-PROGRESS PAYMENTS: On the first day of each month afte� tfie fi�st-montfi's work has been completed, the Contractor will make current estimates in writing for review by the Architect of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorPorated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bilis 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 applicabie 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 ail liens, claims, security interests br encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an - - encumbranee-thereon-isretained by the seller or-otherwise imposed by the-Cvntraetor-or-saeh-otherperson--- --- -- __ The Contractor shall prepare each appiication for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each item listed in the Schedule of Values. A copy oY the revised monthly work progress schedule must be attached before the pay request can be accepted. ' I-5 CERTIFICATES FOR PAYMENT: If the Contractor has inade Application for Payment as above, the above, the Architect will, with reasonabie promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment wiil 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 acoordance with the Contract Documents (subject to an evaluation of the Work" as a functioning whole upon Substantial Completion, to the resuits of any subsequent tests required by the Contract Documents, to mindr deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) Owner that the Contractor b"e paid in the amount certified. In addition, the ArchitecYs 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 Pubiic Works. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within ,seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. — --- No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work uniess a longer period is specified. I-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unabie to make the representations to the Owner as provided in this Section. The Architect may also deciine to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; -� - 3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment; 4) Reasonabie doubt that the Work can be completed for the unpaid balance of the Contract Sum; _ 5) __Damage to another contractor� . 6) Reasonable indication that the Work will not be compieted 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. I-7 NOTUSED--------------- _ I-8 �IQUIDATED DAMAGES: The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Oamages Per Day $15,000 or less $45 $15,001 to $25,000 $ 63 � $25,001 to $50,000 $105 $50,001to $100,000. $154 $100,000 to $500,000 $210 $500,001 to $1,000,000 $315 $1,000,001 to $2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 _ over $10,000,000 �980 _ _ ----I-9 FAILURE OF-RAYMENT.-�—ff;-without-fault on the part of the Contractor, the BCM should-fail-to-issae-any-C-ertificate-for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90°/a 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. I-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet ali provisions for Project Closeout. _ When the Contractor determines that the Work is substantially complete, the Construction Manager shall inspect the project with the Contractor and prepare a"Preliminary Punch LisY'. When the Architect, on Ehe 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 General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) Certificate of Occupancy which will establish the Dafe 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"finai punch IisY'. The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been issued, the retainage wiil be reduced to 4%. _ Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, tne retainage may be reduced to 2.5%. Should the Contractor fail to complete ail contractual requirements of the contract, inciuding submittais and finai pay request within the fixed time, the contract time will again commence._$hould the Contractor fail to complete the work within the contract duration, __ liquidated damages wili be assessed Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that ail payrolls, biils for materials and equipment, and other indebtedness contlected with the Work for which the Owner or his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising, owt 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 Compietion 8) Final acceptance by the City of Fort Worth. -- If any Subcontractor, materialman or la6orer re uses to �ish a Contractor's Affidavit of Release of Liens; tfie Con r�or may, at - the election of the Owner, furnish a bond satisfactory to the Owner to i�demnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are ______made. The.Contractor. shall refund to_the_Owner_all_monies_that_the_latter..may be. compelled to. pay to discharging such_right,_claim -- or lien, including ail costs and reasonable attorney's fees. � The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and stiil 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 wiil make final acceptance and no other form of acceptance wili be binding upon the Owner. Final payment and release of the retainage amount wiil become due within fifteen days folioWing acceptance. I-11 FINAL• PAYMENT FOR UN-BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until ail requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsibie for 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-prever�tiomof�ecidents.-l'his-person-shall be the Contractor's superintendent _.. _--: _--- - unless otherwise designated in writing by the Contractor to_the.Architect. __--___ ___ — -- - -- . --- -- --- - - -- -- - - - — J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) All empioyees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or-off the site, under the care, custody or control of the Contractor or any of his Subcontractors or Sub-contractors; and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and - utilities not designated for removal, relocation or replacement in the course of construction. Untii acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) or f�bm the non-execution of the Work. The Contractor shall rebuild, repair, resfore and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above, caused before its completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any pubiic authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shali 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, promuigating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materiais or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shail carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone ciaiming through the Contractor for such damage or loss. The'Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. J-3 HARD HATS: Hard Hats will be required at ali construction sites included in this Contract from start to completion of work. Each Contractor, empioyee and visitor at any construction site inciuded in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. Contractor shall provide ten hard hats . for use by the consulting Arohitects and Engineers and visitors. _ J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at his discretion to prevent threatened damage, injury or loss. Any additionai compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Chahges in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in --- - _ _ _- _-- _ -- perfo�ming requi�ed wo�k so as to insure tfie safety of his workmen,-City emp oyees an the pu6lic: 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 weil as his tools, equipment and surplus materiais and shall ___ _ ___.__ leave_the_arQa_as_ciean_and#ree of spot, stains, etc., as before the.work_voas_undertakeh _______ __—______—___ ___ ______.__ J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the Contractor shall inciude 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 untii he has obtained ali insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on ail policies except Worker's Compensation. K-2 WORKERS' COMPENSATION INSURANCE 1) Generai a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing ' —:t�at it Mas-obtained-a-policy of-workers compensation insuranee-eovering-eael�-of-its-ernpioyees-employed-on-the project - _.__in compliance with state law. No Notice to Proceed wiil be issued until.the-Contractor has compiied with this section. —trj--S�bcontractor's-Worker's-Compensation Insurance. Contractor agrees-to`require-each-and every subcontractorwho will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City). � c) By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's ' compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured, with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penaities, criminal penalties, civil penalties or other civii actions. General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardiess of whether that person contracted directiy with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner-operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 3) Requirements a) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code; Section 401.011(44) for all employees of the Contractor providing services of the project, for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. __.__ __._ __ c)__ If the coverage period shown on_the Contractor's_current certificate_of coverage ends during_the duration of th_e_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_eachqers.on proyiding services o�1 a project, and proyide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity wiil have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shail retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shail post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing ail persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the.project; - - ii) provide-to-the-Contractar, priorto-thaYperson-beginning work on the project; a-certificate-of-caverage-showing-that coverage is being-provided for all employees of the person providing services on the project;-for 1he-duration of the _. project; _ ._ ' iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of c6verage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and General Conditions for Facility Construction �ump Sum Contract- Ed A. Wilson Renovation of the Will Rogers Memorial Center Tneatrical Lighting System (January 2013) - vii) contractually require each person w'itFi whom it contracts, to perform as required by paragraphs h-i) - vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage a) The Contractor shali post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type, and shail be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materiais, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Cali 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 du�ing 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 clairns.:;:, 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 directiy or indirectly employed by either of them and the limits of such insurance shail be not less than the foilowing: 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" includir�g-leased,-I�ired,-owned� non-owned-and-borrowed vehicies used in connection-with-- - this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that -- provided-in-a current Insurance-Serviees-Office-(ISOj-policy form-approved foruse-in Texas-and the policy shall-Mave-no -- exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability insurance: When the Project specificaliy requires the removal of Asbestos Containing Materials, the Contractor, or subcontractor performing the removal, shail be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any poilution exposure, including environmental impairment liability; associated with the services and operations performed under this contracY in — addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE:" Unless stated otherwise in the Proposal or Invitation, the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicies, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different 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 shail be covered. Upon completion of the Work, the Contractor shail notify the City of Fort Worth in writing before terminating this insurance. -- _ _. _ . ---- ____ _. K-5 PROOF OF CARRIAGE OF INSURANCE _The_ ContCactor shall provide a certificate of insurance documenting the________ Transportation and Public Works Department, City of Fort Worth as a"Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on t e cerfi icate of insurance. Mo�e than one certificate may be required o t e Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). • K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured, by endorsement, on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shail be authorized to do business in the .. State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. BesYs Key Rating Guide. At the City's sole discretion, a less favorable rate may be accepted by the City. General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) 4) Deductible limits on insurance policies and/or self-insured retentions exceeding $10,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shail 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. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitied, upon request and without incurring expense, to review the insurance policies including endorsements thereto and, at its discretion, to require proof of payment for policy premiums. 9) The City of Fort Worth shali not be responsibie 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. ____.—.-------__----- ________SECTIO L � CHANGES IN THE WORK _._. ____._____ L-1 _CHANGE ORDER:_ The_Owner,_without invalidating_the_Cootract,_may_or.der_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. Ali Such Changes in the Work shall be authorized by Change Order; and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of - the Cont�acf; authorizing a Change in the Work or adjustment in the Cont�aot 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, shail 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 subsequentiy agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee. If none_of_the_methods set forth herein above is agreed upon, the Contractor, provided-he_receives a Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after.the Contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval, If approval is not recommended, the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. lf fhe 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. General Conditions for Facility Construction �ump Sum Contract— Ed A. Wilson Renovation of the Wili Rogers Memorial Center Theatrical Lighting System (January 2013) Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and Work Orders which results in an increase in cost of the contract amount by over $25,000. Normal processing time for the City Staff to obtain City Council approval, once the recommended change order has been received at the City, is approximately thirty days. Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to minimize their impact on the construction schedule. If unit prices are stated in the Contract Documents or subsequently agreed upon, and if the quantities originally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contractor, the applicable unit prices shall be equitably adjusted to prevent such hardship. ------ ------ If the Contractor claims that additional cost or time is involved because of (1) any written interpretation issued pursuant to Section A, (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault, or (3) any written order for a minor change in the Work, the Contractor shall make such claim. L-2 CLAIMS FOR ADDITIONAL COST OR TIME: If the Contractor wishes to make a claim for an increase in the Contract Sum or an extension in the Contract Time, he shall give the Architect writterr 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 io execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shail be valid uniess so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner, shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered, the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fifteen percent 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% . L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract _-- ____ ._ ___ Documents.__ Such_changes_may be_effected. by Field_Order ocby other written order._ Such_changes_shall_bE�onfirmed_in writing-by_._ ___._ the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue written Fieid Orders which interpret the Contract Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptiy. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced, at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior fo being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shail pay such costs uniess 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 liy the Owner as defective or as failing ---- - to conform to the Plansand-Speeifiieationswhetherobserved before orafter Substantial Completion-and-v✓Mett�er-or-not-fabricated; --- installed or completed. The.Contractor_shail bear all costs of correcting such rejected Work, including--the-cost of-the'ArchitecYs ___ ____ additional service thereby made necessary, . If, within one year after the Date of Substantial Compietion or within such longer period of time as may be prescribed by law or by the terms of any appiicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non-conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. - - The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. - General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) If the Contractor does not remove such defective or non-conforming work within a reasonable time fixed by written notice from the Owner, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale a�d shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. if such proceeds of sale do not cover all ` costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. if the Contractor fails to correct such defective or__non-conforming work, the Owner may 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 obligations imposed upon him by special guarantees required by the Contract Documents or othenvise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON-CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work:is stopped for a period of 30 days under an order or any court=or= other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons perForming any of the work under a contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' written notice to the Owner , terminate the Contract. N-2 TERMINATION BY THE OWNER: �f fhe Con ractor is adjudged as 6ankrupt, or if he-makes a general assignment fo� f i�-- -� - benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for . which extension of time is provided, to supply enough properiy skilled workmen or proper materiais, or if he fails to make prompt ______.___.__ payment to-5ubcontractors or for materials_or_labflr,_or_fails_to_compiy_with_al-Laws,_Statutes,_Charter, Ordinances,_Regulations_or __ _. Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, toois, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. ---- -----__— If the costs of finishing the Work, including compensation for the ArchitecYs 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 wili be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate ail 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 compieted;_ — - --------- _ ---- provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof aliocatable to the work nokcompleted 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 Councii of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for "Project Designation Signs." This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. General Conditions for Facility Construction Lump Sum Contract — Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) SECTION P -- TEMPORARY FACI�ITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. - — . --- P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under $1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have.suitabie locks. Field offices shall be maintained for the fuli time during the operation of the work of the Contract. During �cold weather months, the field offices shall be suitably insulated and - equipped with a heating device to maintain 70.degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon compietion of the work of the Contract, the Contractor shaii remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. _----- - The Contracto� shall provide and mainfain storege §fieds othe� tempora�uiTcfings or trailers on the project site as �equired for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is compieted, or as directed. ______._— P-5 TELEPHONEc__.7'he_Contractor_shali provide and pay_for_telephane�nsiallati�n_and service to_the.field._offices.described __.__. above. Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone-answering device at the site office for the duration of the project. Contractor will insfall separate fax lines and instruments for the City and the Contractoc P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all -wo�kmen and subcontractors employe on the project. ----_ ___---- - P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shail 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 shaii be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies, etc, will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service --shafl-be-of-sdffieient-capacity and-characteristics to supply proper-current-forvarioas-types-of-construction-fools,-motors;-welding -- machines,-lights, heating plant, air conditioning system, pumps, and other work-requiced._Provide sufficient number of electric outlets so that 50 foot long_extension cords will reach all work requiring light or power. Lfahtinq. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event, the lighting intensity shall not be less than 5 foot candles in the vicinity of work and tra�c 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 ail work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. Ali such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times dur'ing the piacing, setting and curing of conerete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. General Conditions for Facility Construction Lump Sum Contract - Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) b) From the beginning of the application of drywall and during the setting and curing period, provide su�cient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work,of_the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub-contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees, equipment, the public and prtlperty. All temporary construction and equlpment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so._If this is not feasible, maintain a night � The Contractor shall provide and maintain all barricades or enciosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction period or as required to provide for the protection as specified. P-10 PROJECT BULLETIN BOARD: The Contractor shall furnish, install and maintain during the life of the project a weather- tight bulletin board approximately 3 feet high by 5 feet wide having not less than two hinged or sliding glass doors with provisions for ____ ...__—_._ ._ . locking. .The bulletin_board_shall_be_mounted-where and as approved by the Owner, in a_ prominent.place_accessible__to_employees___ _. of the Contractor and sub-contractors, and to applicants for empioyment. The bulietin board shall remain the property of the Contractor and shail be removed by him upon compietion 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 time's for the duration of the Contract. a. The Equal-Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis-Bacon Act. c. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shali lie in Tarrant County, Texas. General Conditions for Facility Construction Lump Sum Contract — Ed A. Wilson Renovation of the Will Rogers Memorial Center Theatrical Lighting System (January 2013) CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 18th day of December A.D., 2012, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said city, hereinafter called OWNER, and Ed A. Wilson. Inc. of the City of Fort Worth County of Tarrant , State of Texas hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Renovate Auditorium Theatrical Lighting System at Will Rogers Memorial Center 3401 West Lancaster Avenue . Fort Worth, Texas TPW2012-05 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. ' City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a pa�t 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 $572,900.00 and includes the base proposal and Add Alternate Nos. 1-3 . Contractor agrees to complete the project, suitable for occupancy and beneficial use, within 273 calendar days. 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 Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its RFP Instruction to Offerors Page 15 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors a. WORKER'S COMPENSATION INSURANCE: • Statutory limits • Employer's liability • $100,000 disease each employee _ • $500,000 disease policy limit • $100,000 each accident b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public .liability insurance coverage in the form of a Commercial General �iability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be " � � . endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. -._. __.. . _ _ _ -- -- -- ---- ---_ c: BUSINESS AUTOMOBILE LIABILITY: _ __ . __ _ • $1,000,000_eac_h_accident -- — - __ _ __-_ • The policy shall cover any auto used in the course of the project d: BUILDER'S RISK OR INSTALLATION FLOATER: - Ttiis insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA " �•. • $1,000,000 each occurrence; $2,000,000 aggregate limit. • This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under-the-ab�ve-paragraphs-shall-provide adequate protection-for�the-C n#ractor-and-its---- -- - subcontractors;- respectively, against damage claims which may-arise-from operations --under-#i�js-eor�#r�et,-whether-such-operations be by the insured-or-bq-�nqone-directly 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: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insuranee not cover the subcontractor's work operations performed in the course of this contracted project. RFP Instruction to Offerors Page 16 of 26 Renovate Auditorium Theatrical lighting System at WRMC (January 2013) ADDITIONAL INSURANCE REQUIREMENTS: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non-renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payrr�ent ofi premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. ----------------f:� ---- Deductible�imits,—or-self-funded-retention limits,—on each policy must not-exeeed— ------- � $1�Q,000. p�r`occurrence unless otherwise approved bythe Owner. -- -- - g� - In lieu of-traditionat-insurance! Owner may consider alternative coverage-or-risk--- ---- treatment measures through insurance pools or risk retention groups. The Owner must - approve in writing any alternative coverage. h. Workers' compensation insurance policy(s) covering employees employed_on_the__..__ _ project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. - j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self-funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to - — =-----__ . - — --- - ---- Owner's officially designated contract administrator any known loss occurrence which _------ -- ---- __ could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. . m. Upon the request of Owner, Confractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for RFP Instruction to Offerors Page 17 of 26 Renovate Auditorium Theatricai Lighting System at WRMC (January 2013) all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. Done in Fort W rth, Texas, this the �day of A.D., 20 . � Confractor igna ure By: Ed A. Wilson APPRO ^ �Jame _..,,,,,,,,_. I / � APPROV OMMENDED: ,� �J, � pa�Fo�� 0 1�0� r,r, o ..° ty� 0 a ' °o �r�` °o„ City do Costa nt City Manager , �� 1 __� J. By: �.,�� Dougla�ll. Wiersig. P.E. Transportation and Public W APPRO�D � O FORM AND LEGALITY: By. l Douglas W. Black Assistant City Attorney M&C: C-26021 December 18, 2012 Date �F�ICM�L REC�� IT�f SECRI�T��tY �7'. �IIORTH, `�� RFP Instruction to Offerors Page 18 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) Bond #1000857489 PAYMENT BOND THE STATE OF TEXAS § § KNOW A�L BY THESE PRESENTS: COUNTY OFTARRANT § That we, (1) Ed A. Wilson, Inc. , as Principal herein, and (2) U.S. Specialty Insurance Company , a corporation organized and existing under the laws of the State of (3) Texas , as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Five Hundred Seventv-Two Thousand Nine Hundred Dollars ($572,900.00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: � WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 18th day of December , 2012, which contract is hereby referred to and made +a part hereof as if fully and to the same extent as if copied at length, for the following project: Renovate Auditorium Theatrical Liqhting System at Will Roqers Memorial Center in Fort Worth Texas'(Tf'W2012-05). NGW, THEREFORE, THE CONDITION OF THIS OBLIGATION IS SUCH, that if the said Princi,�a! shall fia;thfully make payment to each and every claimant (as defined in Chapter 2253, / Texu� Guvernr,ient Code, as amended) supplying labor or materials in the prosecution of the w�rk u�der the c�ntract, then this obligation shall be void; otherwise, to remain in full force and � effect. F'ROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. RFP instruction to Offerors Page 19 of 26 Renovate Auditorium Theatricai Lighting System at WRMC (January 2013) IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 10th day of January , 20 13 . ATTEST: /�'°7�``' y` L ---____�_ (Principal) Secretary (S E A L) - Witness as to Principa ATTEST: Secretary (SEAL) Ed A. Wilson Inc. PRINCIPAL By: _ Name: Ed A. Wilson Tltle; President Address: 2704 Lipscomb Street Fort Worth, TX 76110 - _- - - --- U.S. Specialtq-��Ts*.rr-a��••�c�-Fompany _ SURETY � ! l � BY�>�� ,_`� � ,'_ %�, .k.��--- --- Name: Staci Cross Attorney i�� Fact Address:13403 Northwest Freeway Houston, TX 77040-6094 Telephone Number: 972-930-0318 NOTE: (1) Correct-name of Principal (Contractor). -- ------ (2) Correct-name of Surety.------ - - — - (3) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. RFP Instruction to Offerors Page 20 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) Bond #1000857489 PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OFTARRANT § That we, (1) Ed A. Wilson, Inc. , as Principal herein, and (2) U. S. S�ecialt� n� an C'om}�a�� , a corporation organized under the laws of the � Statz of (3) Texas , and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal ' corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Five Hundred Seventv-Two Thousand Nine Hundred Dollars ($572,900.00) for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with the Obligee dafed the 18th day of December, 2012 a copy of which is attached hereto and made a part hereof for all purposes to Renovate Auditorium Theatrical Liqhtinq Svstem at Will Roqers Memorial Center� in Fort Worth, Texas (TPW2012-05). NGW, THEREFORE, the condition of this obligation is such, if the said Principal shall faithfully perfarm the work in accordance with the plans, specifications, and contract documents ar�, shall fully indemnify and hold harmless the Obligee from all costs and damages which Gbligee may suffier by reason of Principal's default, and reimburse and repay Obligee for all outlay and exper.se that Obligee may incur in making good such default, then this obligation shall be void; oth�;rwise, to remain in full force and effect. PROVIDED, HOWEV�R, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein. RFP Insfruction to Offerors Page 21 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) IN WITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed this instrument. SIGNED and SEALED this 1 �th day of .Tarn�ar�t , 20�. Ed �� Wilson, Inc. PRIN IP L ,, ATTEST: By' _ �'[' `'1, � �--- (Principal) Secretary (S E A L) Witness as to Principal Name: Ed A. Wilson Tltle: President Address: 2704 Li�scomb Street Fort Worth, TX 76110 _ _ _ i .I S_. _. � c' a � � ��n_� mT� r�Y SURETY ATTEST: Secretary By: .�/ � ; . j ' T�.. ,� _. Name: Staci Uro�s Attorney in Fact � (S E A L) Address: 13403 Northwest Freeway Houston, TX 77040-6094 Wit as to Surety Telephone Number: 972-930-0318 NOTE: ___(1) _ Correct name of Principal (Contractor). __ _ (� Correct name of Surety. __ _ —_______-_ _ (5) State of incorporation of Surety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. RFP Instruction to Offerors Page 22 of 26 Renovate Auditorium Theatrical Lighting System at WRMC (January 2013) 0 Uo So SPECIALT� II�TS�TRAI�TCE CONIPAleTY IMPORTANT NOTICE 1'0 obtain information or make a complaint: You may call the 5urety Company's toll-free telephone number for infoi•mation or to malce a complaint at: 1-800-486-6695 � Your notice of claim against the attached bond may be given to the Surety Company that issued the bond by sending it to the following address: rI U. S. SPECIALTY INSURANCE COMPANY 601 S. Figueroa St., Suite 1600 � � Los Angeles, CA 90017 You may contact the Texas Department of Insurance to obtain information on companies, coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance: P.O. Box 149104 Austin, TX 78714-9104 Fax: (512) 475-1771 Web: http://www.tdi.state.tx.us E-mail: ConsumerProtection@tdi.state.�.us �� j PRElO�IIUM O1Z CI,AIIVI DISPU'I'E�: Should you have a dispute concerning your premium or about a claim you should contact the company first. If the dispute is not resolved, you may contact the Texas Department A � of Insurance. A'I'T'ACH T]EIIS 1�OTICE TO YOUR POLICY: �� This notice is for information only and does not become a part or condition of the attached document. - POWER OF ATTORNEY AilIERICAN CONTRACTORS INDEMNITY COMPANY TEXAS BONDING CONIPANY UNIT�D STATES SURETY CObIPANY U.S. SPECIALTY INSURAnCE CONIPANY i ICNOW ALL MEN BY THESE FRE�ENTS: That Ainerican Contracto►•s Indecnnity Company, a California carparation, Texas Bondin� Company, an assumed name aE Atnerican Cantractors Indemnity; Company, a California coiporation, United States Surety Company, a Marylaiid corporation and IT.S. Specialty Insw•ance Company, a Texas� corporation (collectively, the "Cotnpanies"), do by these presents make,lconstitute and appoint: ' George Stephen Deal, Staci Gross or Julie Smith of WichitaFalls, Texas its true and Ia�ufiil C�ttorney(s)-in-fact, each in their,separate capacity if more than one is naiiied above, with full power and authority hereby confe��ed in its name, place and stead, to execute, acknowledge and �t�liver �ny and: all bonds, recognizances, undertakings t�r ather instrumenfs or c�ntracts of suretyship,to include riders, amendmenfs, an�Lcansents of surety, providing �he bond penalty does not exceed ' *******TenMillion******* Dollars ($ *10,000,000.00* ). This Power of Attorney shall expii:e without further action on March 18, 2015. This Power of Attorney is granted under and,by authority of the following resolutions adopted by the Boards of Directors of the Companies: Be i[ Resatved, that fhe President, any Vice-President;-any AssistantjTice-President, any Secretary or any Assist�nt Secretary shall be and is hereby vested with full potiver �nd authority to appoint any one or m�rr� suitaF�fe personsas Atto�ney(s)-in-Fact to represent and act for and on behalf of the Company subjeci to tfie fofto�ving provisians: riltarney-in-Fact may be given full power and atiftiority for and in the name of and on behalf of the Co�npany, to execute, acknotivledge and defiver, any aiid all bonds, recognizances; contracts, agreements or indenmity and other conditional or obligatoiy undertakings and any and a(l notices and documents canceling or teitninating the Company's liability thereunder, and any such instruments so executed by any such Attomey-in-Fact shall be binding upon the Conipany as if signed by the President and selled and effected by the Corporate Secretary. Be r! Xe,solved, that the, signature of any authorized officer and seal of the Company heretofore or hereafter affixed to any,power of attorney or any certificate relating thereto by facsiniile, and any power of attorney or certificate bearing facsimile signatui•e or facsimile sexl shalt be Valid attd binding upon the Company with respect to at�y bond o�• undet�ta(cing €a which it is attached. IN WITNE�� WHEREOF, The Companies have caused this inshument to be sigt�ed and �heir corporate seals to be hereto affixed, this 315` day of March, 2011. AIYfERICAN CONTRACTORS INDEIVINITY COMPANY TEXAS BOn`DING COMPANI' U�TED STATES=SUR�T�COMPAVY U.S. SPEGIALTY'INSURANCE COMPANY Corporate Seals ��,tip,�r� ' - �,�o�icvr ��F ' �,��.�� f � {r� � � ..i IN[�POPJVi[�� — ��11L ? �� <,� �1 �r `,� €t -jC[ � �� $}'•� �5EFL f�,14i0 -c ,; - # { ,c ; �'' •• y ,� , .,�* t� �, v�,,f f` � k� '� Daniel P. Aguilar, Vice President State of California '�' �` `'��xQ �$?�`g"` �� County of L�s Anggles SS: fJn ihis 3IS` day �f Nlarch, 2011, before me, Deborah Reese, a notary public� personally appearecf Daniel P.'Aguilar, Vice President of Amet•ican Contractors Indeinnity Company, Texas Bonding Company, Unifed Stat�s �urery Company and U.S. Specialty Insurance Company who proved fo me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the sanle in his authorized capacity,; and that by his signature on the instruinent the person(s), or the entity uponbehalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PER3UItY under the laws 4f the State of Galifornia that the foregoing paragraph is true and conect. WITNESS my hand''and official seal. �+�" -- OEBORAH REESE f ��Cummisalon A� 1926048� Signature .�Ip.ttrtv ,/Ct�°�-< (Seal) ;� + NotuyPuhUc-CAlitornia �e ` Los An4eias 4ounty' M Comm. Ex Ires Mar 18, 2015� ��wrr I, Jeannie J. Kirn, Assistant Secretaty of American Conh•actors Indemnity Company, T�xas Banding Company, United States Surety Cotnpany and U.S. Specialty Iusurance Cotnp�ny, do hereby certify that the`aboue and fare�oing is a true and correct copy of a Power afAttorney, exeeuted by said Companies, which is still i�l fiill force and effec[; furthe�•cnc�re,`the resolutions of the Boards ofDirectors, set out in the Power of Attorney are in fi�ll force and effeck In Witness Whereof, I have hereunto set .my,haud and affixed the seais of said Companies at Los Angeles, California this 10th day of ,J��it�l�� , 2Q,1,s Corporate Seals l�+�`t��A��, � '� � {l� °�'p,N�� '� � '�� '�-.�-. � � Bond Na ' � �`�'"�'�� ; � �'' � � � '�� fi': �� Jeannie J. Kim Assistant Secretar 1000857479 a��aczs.t:,arq � � , r � , . 4 -�. �i �, � � �� Y Agency No. 17048 �, ., �� r,, ��, � `t " �`� � \t$� '`�.:� �`` �°�'�!�-'"� '-tY�� .—�'"r� WILSE-1 OP ID: [ '`�� Rn� CERTIFICATE QF LIABILITY INSURANCE DATE(MM/DD1YWYj 01/10/13 THI3 CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATNELY OR NEGATNELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certiflcate holder is an ADDITIONA� INSURED, the policy(les) must be endorsed. If SUBROGATION IS WANED, subJect to the terms and conditions of the policy, certain policies may requ(re an endorsement. A statement on this certificate does not confer rights to the PRODUCER 3oley Featherston Insurance � Member of K 8� S Group, Inc �. O. Box 97513 Mchita Fatis, TX 76307-7513 INSURED Ed A. Wilson Inc. P. O. Box 11423 Fort Worth, TX 76110-0423 iNsuReRn: Travelers Lloyds Insurance Co INSURERe : TCBV@i@rS PiOpeit�/ CaSUaitj/ Cc �r,suReR c: Great American insurance Co iNsuReRo:Texas Mutual Ins Co INSURER E : 1262 6691 THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLiCY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. TYPE OF INSURANCE � g 0 C LIMfTS GENERAL 11ABILITY EACH OCCURRENCE $ 'I �OOO�C /4 X COMMERCIAL GENERAL LIABIUTY DTC05460B518TLC12 05/10l12 05/10l13 pREMISES Ea oc��_.. .g $��,Q CLAIMS-MP,DE a OCCUR MED EXP (Any one person) $ 5,Q PERSONAL & ADV INJURY $ ') �OOO,Q GENERAL AGGREGATE $ Z,OOO�O GEMI. AGGREGATE �IMIT APPLIES PER: PRODUCTS - COMP/OP AGG $ Z,OOO�d POLICY X PRa LOC $ AUTOMOBIIE LIABILITY B X ANY AUTO - ALL OWNED � AUTOS HIRED AUTOS UMBRELLA LIAB EXCESS �IAB SCHEDULED AUTOS NON-OWNED AUTOS OCCUR CLAIMS-MADE BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE $ Per accident $ EACH OCCUI 05/10/12 05l10/13 AGGREGATE AND EMPLOYERS' LIR8ILITY � D OFFICERJMEMBER EXC U 07ECUTIVE Y� N 1 A TSF0001164246 12/28/12 12128t13 E.L. EACH ACCIDENT (Mandatory In NH) E.L. DISEASE - EA Etv If yes, describe under DESCRIPTION OF OPERATIONS below E�. DISEASE - POUC A REPT FORM QT6605378B584TLC12 05/10/12 05/10/13 MAX JOB BUILDERS RISK MAX CATAS DESCRIPTION OF OPERATIONS I LOCATIONS f VEHICLES (Attach ACORD 701, Additional Remarks Schedule, IP more space Is required) te: Renovate Auditorium Theatrical Lighting System, Will Rogers Memorial �enter, Fort Worth, Tx 1 1�Oj 4,000, 4,000, CITY OF FORT WORTH TRANSPORTATION 8� PUBLICK WORKS 940-723-7111 712CNS � 05/10/12 I 05/10/13 FORTC04 SHOUI.D ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELIED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. DEPARTMENT AUTHORIZED REPRESENTATIVE 401 WEST 13TH ST �"" 'ACORD 25 (2010/05) ��^"''L,-_'""'_'..-- O 1988-2010 ACORD CORPORATION The ACORD name and logo are registered marks of ACORD I rights reserved. �. CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project No. Renovation of the Will Roqers Memorial Center Theairical Liqhtinq Sv�tem TPW2012-05. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Ed A. Wilson, Inc. gy; Mark Scholl , ° Company se in 2704 Lipscomb St. Signature: L�� Address d Fort Worth, TX 76110 TItl2: Asst. Vice-President r City/State/Zip (Please Print) ; � THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared v Mark Scholl , i� known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of d � Assistant Vice-President for the purposes and consideration therein expressed and in the capacity therein stated. ti� GIVEN UNDER MY HAND AND SEAL OF OFFICE this 30th day of January , 2013. Notary Public i�and for the State of Texas u S�V�RLY D. FARREN =�1 0�� Notary Public * � State of Texas N�'��'oF��pPo�vly Comm. Expires 09-21-2014 � LJ u