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Contract 61446
CSC No. 61446 THE CITY OF FORT WORTH, TEXAS WRMC AUDITORIUM ROOFING REPLACEMENT PMD2021-10 PROJECT NO. 100238 FORTWORTH. MATTIE PARKER DAVID COOKE MAYOR CITY MANAGER Marilyn Marvin Interim Director, Property Management Department Michael Crumb Director, Public Events Department PBK Architects, Inc. d/b/a Beam Professionals Trumble Construction, LLC d/b/a RBT Roofing April 2024 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Instruction to Offerors Page 1 of 34 WRMC Auditorium Roof Replacement (October 2023) 4/23/24. 1:00 PM M&C Review ACITY COUNCIL AGEND Create New From This M&C DATE: 4/23/2024 REFERENCE NO.: CODE: C TYPE Official site of the City of Fort Worth, Texas Fob V� **M&C 24- LOG NAME: 21 WRMC AUDITORIUM 0345 ROOF CONSTRUCTION CONSENT PUBLIC NO NO SUBJECT: (CD 7) Authorize Execution of a Contract with Trumble Construction, LLC d/b/a RBT Roofing, in an Amount Not to Exceed $687,805.00, for the Will Rogers Memorial Center Auditorium Roof Replacement Project RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Trumble Construction, LLC d/b/a RBT Roofing, in an amount not to exceed $687,805.00, including the Owner's Construction Allowance, for the Will Rogers Memorial Center Auditorium Roof Replacement project. DISCUSSION: This construction contract will provide roof replacement for the 30,578 square foot Auditorium Building located at 3401 W. Lancaster, on the Will Rogers Memorial Center campus. A Professional Services Agreement was administratively authorized with to PBK Architects, Inc. d/b/a BEAM Professionals for the design (CSC No. 59227). The Will Rogers Memorial Center (WRMC), including the Auditorium, was built in 1936 and is a Fort Worth historical landmark. There have been several alterations and expansions since the original construction. The last major renovations were in 1978 and 1991. There were numerous reroofing projects, the most recent in 2012. On October 19, 2023 and October 26, 2023, in the Fort Worth Star -Telegram, the City published notice of a Request for Competitive Sealed Proposals and on November 16, 2023 received seven (7) proposals. Of the seven responses, Trumble Construction, LLC dba RBT Roofing and CS Advantage, USAA, Inc. provided the Post Proposal -Pre -Award Submittals. The proposals were reviewed by members of the Public Events Department, Office of Business Diversity and the Property Management Department and were evaluated for completeness, compliance with the MWBE requirements and references were checked. The selection team met with Trumble Construction and verified scope and schedule. Based on this review and interview, the selection team recommends award of the construction contract to Trumble Construction, LLC. Past Proposed References/ project Work MWBE Total Price Experience Schedule the Compliance Score City Trumble Construction, 60 20 0 10 Responsive 90 LLC CS Advantage 55 16 0 5 Responsive 76 USAA, Inc. The overall project costs are expected to be as described in the table below: PROJECT COSTS TOTALS apps.cfwnet.org/counciI_packet/mc_review.asp?ID=32052&counciIdate=4/23/2024 1 /3 4/23/24. 1:00 PM Architectural & Engineering Design M&C Review $99,000.00 Construction Contract (Including Owner's Construction Allowance) Project Administration Cost: Project Management, Contingency, etc. PROJECT TOTAL $687,805.00 $213,195.00 $1,000,000.00 Permit Fees: In accordance with the City Code of Ordinances, Part II, Chapter 7-1 Fort Worth Building Administrative Code, Section 109.2.1, Exception 2; "Work by non -City personnel on property under the control of the City of Fort Worth shall be exempt from the permit fees only if the work is for action under a contract that will be or has been approved by City Council with notes in the contract packages stating the fee is waived. Funding: Mayor and Council Communication (M&C) 21-0913, approved by City Council on November 11, 2021, reinstated ten (10) projects delayed/suspended from Fiscal Year 2020 and 2021 in the Public Events Department (PED) as a result of lost hotel occupancy tax due to the COVID-19 Pandemic. WRMC Auditorium Roof Replacement project (City Project No. 100238) received $400,000.00 in American Rescue Plan Act funds, Subtitle M (Coronavirus State and Local Fiscal Recovery Funds) (Grants Capital Projects Federal Fund No. 31001). Additionally, PED allocated an additional $450,000.00 (Public Events Capital Fund No. 30205). The total project budget as of November 11, 2021 was $1,729,000.00. M&C 23-0646, approved by City Council on August 8, 2023, adopted ordinance reallocating estimated receipts and appropriations in the Public Events Capital Fund No. 30205 by decreasing appropriations in the WRMC Coliseum Concourse and Lobby Renovation project (City Project No. 104227) for an increase in (Grants Capital Projects Federal Fund No. 31001) for ten (10) projects for the same amount. WRMC Auditorium Roof Replacement project (City Project No. 100238) swapped $896,978.08 in Public Events Capital Funds (No. 30205) for the same amount of Grants Capital Projects Federal Fund (No. 31001). The total project budget as of August 8, 2023 was $2,000,000.00. Office of Business Diversity: Trumble Construction, LLC is in compliance with the City's Business Equity Ordinance by committing to 19\% MWBE participation on this project. The City's MWBE goal on this project is 7\% The Will Rogers Memorial Center is located in COUNCIL DISTRICT 7. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget, as previously appropriated, in the Grants Cap Projects Federal Fund of the ARPA WRMC Auditorium Roof Repl project to support the approval of the above recommendation and execution of the contract. Prior to an expenditure being incurred, the Public Events Department has the responsibility of verifying the availability of funds. TO Fund ' Department Account Project Program Activity I Budget Reference # Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project ID ID Submitted for City Manaaer's Office by_ Originating Department Head: Additional Information Contact: Program Activity Budget Reference # Amount Year (Chartfield 2) Dana Burghdoff (8018) Marilyn Marvin (7708) Nlkita Watts (2028) apps.cfwnet.org/counciI_packet/mc_review.asp?ID=32052&counciIdate=4/23/2024 2/3 4/23/24. 1:00 PM M&C Review ATTACHMENTS 21WRMCAUDITORIUM ROOF funds availabilitv.pdf (CFW Internal) 230231 Sianed Compliance Memo 3.5.24 Al.pdf (CFW Internal) Certificate of Conversion.PDF (Public) Entitvinformation 20240124-044059.pdf (CFW Internal) Form 1295 Cert - Completed.pdf (CFW Internal) WRMC Auditorium Roof Replacement map.pdf (CFW Internal) apps.cfwnet.org/counci I_packet/mc_review.asp? I D=32052&counci ddate=4/23/2024 3/3 PROPERTY MANAGEMENT DEPARTMENT FACILITIES / ARCHITECTURAL SERVICES BID TABULATION Project: WILL ROGERS MEMOIRAL CENTER AUDITORIUM ROOF REPLACEMENT 3401 W LANCASTER AVE FORT WORTH TEXAS Tabulated by: Vicki McDonald Project #: 100238 PMD Project #: PMD2021-10 Eng. Estimate: $1,600,000.00 Bid Date: NOVEMBER 16, 2023 Advertised: OCTOBER 19 & 26, 2023 Addendums: 3 1 2 3 Trumble Construction, Inc. Alto Vista Roofing, Inc. CS Advantage USAA, Inc. dba RBT Construction 1944 Clear Springs Road 9668 CR 147 #5 PO Box 12407 Texarkana, Texas 75501 Kaufman, Texas 75142 College Station, Texas 77842 903-691-0931 210-837-550 210-771-0720 contracts@trumbleconstruction.com smaron@altovistaroofing.com o_ggalvan@hotmail.com DESCRIPTION DAYS DAYS DAYS Base Proposal $ 639,818.00 $ 750,000.00 $ 805,000.00 Owner's Contingency Allowance $ 47,986.35 $ 56,250.00 $ 60,000.00 Base Proposal Plus Owner's $ 687,804.35 63 $ 806,250.00 50 $ 865,000.00 120 Contingency Allowance ADDENDUM'S: 3 3 3 5 6 7 Texas Roofing Management Vincent's Roofing, Inc. Jeff Eubank Roofing Company, Inc. Inc. 728 Lingco Drive 7000 S HWY 77 1900 Northpark Drive Richardson, Texas 75081 La Grange, Texas 78945 Fort Worth, Texas 76102 972-272-7663 979-247-4587 817-334-0161 mikecieri@texasroof.com steve@vincentsroofing.com jeff@eubankroofing.com DESCRIPTION DAYS DAYS DAYS Base Proposal $ 1,119,936.00 $ 1,170,000.00 $ 1,196,325.00 Owner's Contingency Allowance $ 83,995.00 $ 87,750.00 $ 89,725.00 Base Proposal Plus Owner's $ 1,203,931.00 140 $ 1,257,750.00 150 $ 1,286,050.00 90 Contingency Allowance ADDENDUM'S: 3 0 3 4 Zenith Roofing & Waterproofing, LLC 3200 W Bolt Street Fort Worth, Texas 76110 817-632-2210 ar@zenithroofing.com DAYS 985,857.89 73,939.34 1,059,797.23 128 3 FORT WORTH, CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 1 WRMC Auditorium Roof Replacement Request for Proposals Submittal Date: November 16, 2023 (UNCHANGED) 1. The Pre -Proposal Attendees sign -in sheet is attached. 2. The contact for the MWBE processing and review is, Alma. Ibarra(aVortworthtexas.aov RICARDO SALAZAR II INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By: Ronnie Clements, RA Project Manager 817-392-8014, FAX 817-392-8488 RELEASE DATE: November 3, 2023 WRMC Auditorium Roof Replacement Addendum No. 1 (November 3, 2023) FORT WORTH, CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 2 WRMC Auditorium Roof Replacement Request for Proposals Submittal Date: November 16, 2023 (UNCHANGED) 1. Attached are clarifications to submitted RFIs. 2. Attached is the revised sheet A-1 with additional information and the corrected scale. RICARDO SALAZAR II INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By. Ronnie Clements, RA Project Manager 817-392-8014, FAX 817-392-8488 RELEASE DATE: November 9, 2023 WRMC Auditorium Roof Replacement Addendum No. 2 (November 9, 2023) FORT WORTH, CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 3 WRMC Auditorium Roof Replacement Request for Proposals Submittal Date: November 16, 2023 (UNCHANGED) 1. Attached are clarifications to submitted RFIs. 2. Attached is the revised Proposal Form deleting Add/Alt One. RICARDO SALAZAR II INTERIM DIRECTOR, PROPERTY MANAGEMENT DEPARTMENT By. 112 79 Ronnie Clements, RA Project Manager 817-392-8014, FAX 817-392-8488 RELEASE DATE: November 13, 2023 WRMC Auditorium Roof Replacement Addendum No. 3 (November 13, 2023) NOTICE TO OFFERORS Proposals for the WRMC Auditorium Roof Replacement located at 3401 W. Lancaster Ave, in Fort Worth Texas will be received at the Purchasing Office, City of Fort Worth, 200 Texas Street, Fort Worth, 76102, until 1:30 P.M on Thursday, November 16, 2023, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. A Pre -Proposal Conference will be held at 1:30 P.M., Wednesday, November 1, 2023 in the Auditorium at the Will Rogers Memorial Center. The last day for questions from prospective Offerors is at 5:00 PM on Friday, November 10, 2023. After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. The offers will be valid for ONE HUNDRED TWENTY (120) calendar days. Estimated construction cost is approximately $1.600.000.00. There is one Alternates for this project. The Offeror will add a 7.5% Owner's Contingency Allowance on a separate line item on the Proposal form and only the Owner will approve the use of this allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. This Allowance is not to be included in the Base Proposal and will not be used in the Best Value selection process. Refer to the evaluation matrix for the selection of the Best Value Offeror in the Instructions to Offerors. Refer to the Request for Proposal documents for the Business Equity Provision Information. The Business Equity participation will be evaluated in awarding this Contract. The Business Equity goal is 7%. The applicable documents must be submitted by all offerors wishing to continue in the bid evaluation process on the third City business day after bid opening, exclusive of bid opening date, to the City location specified in the bid. Offerors shall obtain a receipt from the appropriate department as evidence that the City received the documentation. Failure to submit the required business equity documentation will result in the bid being considered Non -Responsive. Also, Refer to Section 2. BUSINESS EQUITY PROVISIONS FOR BEST VALUE PROPOSAL in the Instructions to Offerors. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. If you intend to submit a Proposal, request you inform the Project Manager or Architect/Engineer who can then inform the interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City but may be viewed and printed on-line by cutting and pasting the following link into your browser: https://docs.b360.autodesk.com/shares/b6f73736-e328-4cbf-b114-d23b5c992bc5 Contact the Project Manager, Ronnie Clements, at (817) 392-8014 or email Ronald. Clements(a)fortworthtexas.aov for assistance. For additional information contact the Project Architect, Harold Stephens, at (817) 332-4333 or email Harold.stephens(cDbeam orof.com Advertisement: October 19, 2023 October 26, 2023 Instruction to Offerors Page 2 of 34 WRMC Auditorium Roof Replacement (October 2023) TABLE OF CONTENTS • PROJECT COVER PAGE • NOTICE TO OFFERORS • TABLE OF CONTENTS • INSTRUCTIONS TO OFFERORS • PROPOSALFORM • CONFLICT OF INTEREST AFFIDAVIT • CONFLICT OF INTEREST QUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT (CIS) • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • 2013 PREVAILING WAGE RATES • WEATHER TABLE • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (Separate Attachment) • CONSTRUCTION CONTRACT • PAYMENT BOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECT SIGN Instruction to Offerors Page 3 of 34 WRMC Auditorium Roof Replacement (October 2023) 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. • Complete and submit the Conflict of Interest Affidavit form. (Also submit associated Form CIQ and Form CIS if required.) • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted. • In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed Price (60 points) — The lowest priced responsive Proposal will receive 60 points for this rating criterion. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent of the available points for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. References/Experience (20 points) - References and experience of the Offeror as demonstrated by listing past and current projects including references with names and current telephone numbers; and, list of subcontractors if applicable. Proposed project schedule (10 points) — Proposals should include a general schedule showing the amount of time necessary to complete the project, critical path, major phases of the work, and major impacts on the project. This is to demonstrate an understanding of the project and the most efficient justifiable time. The best schedule demonstrating the Instruction to Offerors Page 4 of 34 WRMC Auditorium Roof Replacement (October 2023) most complete understanding of the project will receive 10 points. All others will be graded accordingly. 4 Past Work in the City of Fort Worth (10 points) — Points shall be awarded for experience working on similar projects within the city limits of the City of Fort Worth. Contractors with no experience in the City of Fort Worth will receive 5 points. Contractors demonstrating strong experience will receive more than 5 points. Contractors with poor examples may receive less than 5 points. 5 If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. 6 Compliance with the Business Equity (M/WBE) participation and ordinance is Responsive or Non -Responsive. Offeror shall acknowledge and commit to meeting the Business Equity goal and present the applicable documents on the third City business day after bid opening, exclusive of bid opening date, to the City location specified in the bid. Offerors shall obtain a receipt from the appropriate department as evidence that the City received the documentation. Failure to submit the applicable documents may render an Offeror non -responsive and cause the Proposal to be rejected. After ranking the responses to the Request for Proposal (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 unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. BUSINESS EQUITY PROVISIONS FOR BEST VALUE PROPOSAL BUSINESS EQUITY (M/WBE) PROVISION: All offerors shall note that the Business Equity Ordinance No. 25165-10-2021 (to be codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any relevant policy or guidance documents, was adopted to ensure the full and equitable participation of certified Minority— and Women -owned business enterprises (M/WBEs), (collectively, "Business Equity Firms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000.00, as detailed below. The Business Equity Goal is 7%. Unless modified herein, Offerors shall follow the guidelines found in Attachment 1 INSTRUCTIONS TO BIDDERS ABOUT THE BUSINESS EQUITY GOAL. If an Offeror is certified as a Business Equity Firm, such Offeror can count its self -performance services towards meeting the Business Equity Goal(s) for the assigned NAICS commodity codes on their MBE or WBE certification. If such Offeror will not self -perform all of the work, it will be required to provide subcontracting opportunities with certified Business Equity Firms to meet the stated goal(s). The applicable documents must be submitted by all offerors wishing to continue in the bid evaluation process on the third City business day after bid opening, exclusive of bid opening date, to the City location specified in the bid. Offerors shall obtain a receipt from the appropriate department as evidence that the City received the documentation. Offerors must obtain a listing of certified Business Equity Firms from the City of Fort Worth's Instruction to Offerors Page 5 of 34 WRMC Auditorium Roof Replacement (October 2023) Department of Diversity and Inclusion (DVIN). The request for listings form can be found on the City's site at httiDs://www.fortworthtexas.aov/departments/diversitv-inclusion/business-equity or email DVIN_BEOffice@fortworthtexas.gov or call (817) 392-2674. The selected offeror will present the Business Equity Firms currently certified by the North Central Texas Regional Certification Agency (NCTRCA) or Dallas/Fort Worth Minority Supplier Development Council (D/FW MSDC) and the Women's Business Council Southwest (WBCS) and accepted by the City of Fort Worth, in order for the participation to be counted towards the established goal. The firms must be located in the Marketplace, or meet the requirements of the City's Significant Business Presence which means a Person (1) which has its principal place of business located inside the Marketplace; (2) which has its principal place of business located outside the Marketplace but has been verified to be in existence for a minimum of 24 months and from which at least 20% of the business' workforce is based in the Marketplace; or (3) which has cumulative business receipts greater than $1,000,000 for work done in the Marketplace since January 1, 2013. The Marketplace defined by the City of Fort Worth includes Dallas, Denton, Johnson, Parker, Tarrant, and Wise counties. The business must be certified prior to recommendation of an award in order for the participation to be counted towards the established goal. Failure to submit the Business Equity participation information to meet or exceed the stated Business Equity goal may render the proposal non -responsive. The Business Equity plan will be part of the final weighted selection criteria. 3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful Offeror fails to execute the contract documents within ten (10) days after the contract has been awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to submit the Proposal Security will result in the Proposal not being considered for this project. Offeror's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the City. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. Instruction to Offerors Page 6 of 34 WRMC Auditorium Roof Replacement (October 2023) 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 shall be solely for the protection of the City of Fort Worth. 5. PRE -PROPOSAL SITE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s) of the work and the details of the requirements set 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 Offeror shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POST PROPOSAL - PREAWARD SUBMITTALS: Offerors are required to submit seven (7) hard copies and one (1) electronic copy of the following information to the Architectural Services, 200 Texas Street Room T-105 (101h Street Tunnel), Fort Worth, Texas 76102 (phone number 817- 392-2586), within three business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: • Contractors Qualification Statement (AIA Form A305), including client references • List of current projects & past projects built within the last 10 years, including owners' and architects' names with contact information for both current & past projects. • Proposed Subcontractors and Suppliers • Project Schedule • Schedule of Values (Breakout by CSI Divisions) • Proof of insurability for Statutory Workers Compensation Insurance Note: Business Equity Documentation must be submitted on the third City business day after bid opening, exclusive of bid opening date, to the City location specified in the bid. Offerors shall obtain a receipt from the appropriate department as evidence that the City received the documentation. 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of the Request for Proposal Documents by the Notice to 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 proposals. Oral instructions or decisions unless confirmed by written addenda will not be Instruction to Offerors Page 7 of 34 WRMC Auditorium Roof Replacement (October 2023) considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non -responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the Base Proposal. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. The Contractor will be responsible for all fees for electrical, gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. 19. STATE FORM 1295 "CERTIFICATE OF INTERESTED PARTIES": Texas Ethics Commission regulations require that the business entity must fill out the Form 1295 on an electronic filing application on the Texas Ethics Commission website (www.ethics.state.tx.us). The business entity that wishes to enter into the contract must supply the completed, signed and notarized Form 1295 to the City. 20. IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation Instruction to Offerors Page 8 of 34 WRMC Auditorium Roof Replacement (October 2023) for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. 21. No Bovcott of Israel: If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. 22. Prohibition on Bovcottina Enerav Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. 23. Prohibition on Discrimination Aqainst Firearm and Ammunition Industries. Vendor acknowledqes that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. 24. Any oral communications are considered unofficial and non -binding with regard to this proposal. Instruction to Offerors Page 9 of 34 WRMC Auditorium Roof Replacement (October 2023) PROPOSAL (revised 11.13.2023) TO: MR. DAVID COOK CITY MANAGER ATTN: PURCHASING OFFICE 200 TEXAS STREET CITY OF FORT WO TH, TEXAS FOR: WRMC Auditorium Roof Replacement 3401 W. Lancaster Ave Fort Worth, Texas Project PMD2021-10 City Project # 100238 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 $ 639,818.00 Base Proposal 63 Calendar Days $ 47,987.00 Owner's Contingency Allowance (7.5%) added to Base Proposal (This Allowance amount is not included in the Base Proposal but is added to the Base Proposal. Only the Owner will approve the use of this Allowance during construction. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth). $ 687,805.00 Base Proposal Plus Owner's Contingency Allowance ^'�I:>;TES Add.A.Iternate o Wpg.=aae€xterierspetLig is to LED C it! e�Day s UNIT PRICES — Treated 2x6 Lumber - $ 2.70 per linear foot 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 to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. 1_1 Non-resident vendors in (give state), our principal place of business, are required to be percent lower than resident bidders by state law. 1_1 Non-resident vendors in (give state), are not required to underbid resident bidders. B. Ixi Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of 5% Dollars ($ Greatest Amount Bid ) 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. BUSINESS EQUITY PROVISION for proposals in excess of $100,000.00: 1 am aware that I must submit information to the Director, Property Management Department, concerning the Business Equity participation on the THIRD BUSINESS DAY after bid opening, exclusive of bid opening date, to the City location specified in the bid in order to be considered RESPONSIVE. FAILURE TO SUBMIT THE REQUIRED BUSINESS EQUITY DOCUMENTATION WILL RESULT IN THE BID BEING CONSIDERED NON -RESPONSIVE. Respectfully submitted, Trumble Construction Inc dba RBT Roofing Cam By: Robert Trumble Printed Name of Principal Address: 1944 Clear Springs Rd Street Texarkana, TX City Phone: 903-691-0931 Fax: 903-334-9580 Email: contracts@trumbleconstruction.com Receipt is acknowledged of the following addenda: Addendum No. 1: 11/03/2023 - R.T. Addendum No. 3: 11/13/2023 - R.T. Addendum No. 5: Addendum No. 7: Addendum No. 9: President Title 75501 Zip Addendum No. 2: 11/09/2023 - R.T. Addendum No. 4: Addendum No. 6: Addendum No. 8: Addendum No. 10: CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City') procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. httt)://www.ethics.state.tx.us/forms/CIO.t)df httn://www.ethics.state.tx.us/forms/CIS.Ddf 0 CIQ Form is on file with City Secretary ED CIQ Form is being provided to the City Secretary CIS Form is on File with City Secretary a CIS Form is being provided to the City Secretary BIDDER: ***Trumble Construction Inc dba RBT Roofing emailed the Conflict of Interest Questionnaire Form to the Fort Worth City Secretary 11/8/2023. It may be on file by the time this is reviewed based on their processing time.*** Trumble Construction Inc dba RBT Roofing By. Robert Trumble Company PI '� 1944 Clear Springs Rd. Signature: _ Address Texarkana, TX 75501 Title: City/State/Zip Instruction to Offerors WRMC Auditorium Roof Replacement (October 2023) President (Please Print) Page 13 of 34 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. J Name of vendor who has a business relationship with local governmental entity. Trumble Construction Inc dba RBT Roofing J o Check this box if you are filing an update to a previously filed questionnaire. (The law requires thatyou file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) J Name of local government officer about whom the information is being disclosed. The City of Fort Worth, Texas Name of Officer 41 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and Bfor each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes Fx -1 No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? F7 Yes a No J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent ormore. J ❑ Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). J Signa with the governmental entity 11 /13/2023 Date Irctruntjmmid egbrfBexas Ethics Commission \ www.ethics.state.tx.us Page 14 of 34Revised 11/30/2015 WRMC Auditorium Roof Replacement (October 2023) CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code F4 176.001 (1 -a): 'Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. 1.1 LOCAL GOVERNMENT CODE & 176.003(A)(2)(A) AND (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officeroneormore gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. 1.2 LOCAL GOVERNMENT CODE $ 176.006(A) AND (A-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-t) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity;or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Instruction to Offerors Page 15 of 34 WRMC Auditorium Roof Replacement (October 2023) LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT (Instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This is the notice to the appropriate local governmental entity that the following local government officer has become aware of facts that require the officer to file this statement in accordance with Chapter 176, Local Government Code. I Name of Local Government Officer N/A 21 21 Office Held N/A FORM CIS OFFICE USEONLY Date Received 31 Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code N/A 41 Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. N/A 51 List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted N/A Description of Gift N/A Date Gift Accepted N/A Description of Gift N/A Date Gift Accepted N/A Description of Gift N/A q AFFIDAVIT (attach additional forms as necessary) I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member (as defined by Section 176.001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(B), Local Government Code. N/A Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said N/A this the N/A of N/A 20 N/A , to certify which, witness my hand and seal of office. N/A Signature of officer administering oath N/A Printed name of officer administering oath day N/A Title of officer administering oath Instruction to Offerors Page 16 of 34 WFIO 2023) www.ethics.state.tx.us Revised 11/30/2015 �jZ•�rTi r , � � , �l y3fii �Ftitil � 13■ fii��i �l ��%i7i�l 1 IF] � � � , Section 176.003 of the Local Government Code requires certain local government officers to file this form. A 'local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p.m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a misdemeanor. Refer to chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. PART 2 - INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. Name of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Held. Enter the name of the office held by the local government officer filing this statement. 3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enter the name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an employment or other business relationship with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code; b) has given to the local government officeror a family member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has a family relationship with the local government officer as defined by Section 176.001(2-a), Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or other business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local Government Code. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the local government officer or family member of the officerfrom the vendor named in item 3 that in the aggregate exceed $100 in value. 6. Affidavit. Signature of local government officer. Local Government Code & 176.001(2-a): "Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter573, Government Code. PART 3 - LOCAL GOVERNMEN I CUUt ki 11b.0031A)(2)(A): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Instruction to Offerors Page 17 of 34 WRMC Auditorium Roof Replacement (October 2023) 01 33C (B�_k, Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name of purchaser, firm or agency City of Fort Worth, Texas Address fStreeta number, P.O. Box or Route number) Phone {Area code and number) 200 Texas Street 817-392-8517 City, Stale, ZIP code Fort Worth, TX 76102 I, the purchaser named above, claim an exemption from payment of sales and use taxes (for the purchase of taxable items described below or on the attached order or invoice) from: Seller All Vendors Street address: City, State, ZIP codi— Description of items to be purchased or on the attached order or invoice: All items. Purchaser acknowledges that this certificate cannot be used forth e purchase, lease, or rental of a motor vehicle. Purchaser claims this exemption for the following reason: Municipality, Governmental Entity. I understand that I will be liable for payment of all state and local sales or use taxes which may become due for failure to comply with the provisions of the Tax Code andlor all applicable law. I understand thatifis a criminal offense togive an exemption certificate to the sellerfor taxable items that I know, atthe time ofpurchase, will be usedin a manner otherthan tha (expressed in this certificate, and depending on the amountof fa xevaded, the offense ma yrange from a Class C misdemeanor to a felony of the second degree - sign Purchaser Title Date here�e°�1 Chief Finanical Services Officer November 29, 2022 ��/'���1� ,��n NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. T141S CERTIFICATE DOES NOT REQUIREA NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers' or "Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Instruction to Offerors Page 18 of 34 WRMC Auditorium Roof Replacement (October 2023) 2013 PREVAILING WAGE RATES Commercial Construction Projects $ AC Mechanic Helper 13.67 $ Acoustical Ceiling Installer 16.83 Acoustical Ceiling Installer Helper 12$70 $ Bricklayer/Stone Mason 19.45 Bricklayer/Stone Mason Trainee 13$31 $ Bricklayer/Stone Mason Helper 10.91 $ Carpenter 17.75 $ Carpenter Helper 14.32 Concrete Cutter/Sawer 17.00 $ Concrete Cutter/Sawer Helper 11.00 $ Concrete Finisher 15.77 Concrete Finisher Helper 11.00 $ Concrete Form Builder 15.27 Concrete Form Builder Helper 11.00 $ Drywall Mechanic 15.36 $ Drywall Helper 12.54 $ Drywall Taper 15.00 $ Drywall Taper Helper 11.50 $ Electrician (Journeyman) 19.63 $ Electrician Apprentice (Helper) 15.64 $ Electronic Technician 20.00 $ Floor Layer 18.00 $ Floor Layer Helper 10.00 $ Glazier 21.03 Instruction to Offerors Page 19 of 34 WRMC Auditorium Roof Replacement (October 2023) $ Glazier Helper 12.81 $ Insulator 16.59 $ Insulator Helper 11.21 $ Laborer Common 10.89 $ Laborer Skilled 14.15 $ Lather 12.99 Metal Building Assembler 16.00 Metal Building Assembler Helper 12.00 Metal Installer (Miscellaneous) 13.00 $ Metal Installer Helper (Miscellaneous) 11.00 $ Metal Stud Framer 16.12 $ Metal Stud Framer Helper 12.54 $ Painter 16.44 $ Painter Helper 9.98 $ Pipefitter 21.22 $ Pipefitter Helper 15.39 $ Plasterer 16.17 $ Plasterer Helper 12.85 $ Plumber 21.98 $ Plumber Helper 15.85 $ Reinforcing Steel Setter 12.87 Reinforcing Steel Setter Helper 11.08 $ Roofer 16.90 $ Roofer Helper 11.15 $ Sheet Metal Worker 16.35 $ Sheet Metal Worker Helper 13.11 $ Sprinkler System Installer 19.17 $ Sprinkler System Installer Helper 14.15 Instruction to Offerors Page 20 of 34 WRMC Auditorium Roof Replacement (October 2023) Steel Worker Structural $ 17.00 Steel Worker Structural Helper 13$74 Waterproofer $ 15.00 Equipment Operators $ Concrete Pump 18.50 $ Crane, Clamshell, Backhoe, Derrick, D'Line Shovel 19.31 $ Forklift 16.45 Foundation Drill Operator 22$50 $ Front End Loader 16.97 $ Truck Driver 16.77 $ Welder 19.96 $ Welder Helper 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salary survey conducted and published by the North Texas Construction Industry (Fall 2012) Independently compiled by the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listed are provided on the TEXO's (The Construction Association) website. www.texoassociation.org/Chapter/wagerates.asp Instruction to Offerors Page 21 of 34 WRMC Auditorium Roof Replacement (October 2023) CITY OF FORT WORTH WEATHER TABLE Average Days Month of Inches of Rainfall Raind nowllce January 6 2.51 February 7 2.23 March 9 3.49 April 7 2.97 May 10 4.56 June 8 3.31 July 4 1.83 August 5 1.86 September 5 2.34 October 7 3.65 November 7 2.70 December 6 2.34 Annually 81 33.81 (1) Mean nurnt�er of days precipitation of 0.01 " or more or 1l2" snowfice (2) Average normal precipitation, in inches This table is based on information reported from Dallas -Fort Worth IntemalJonal 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 days are based on records covering 21 years. Precipitation is based on recorded information from 1996through 2016 period. This table is to be used as a baisis for calculation of excess rain or weather days for projects with d uration in calendar days_ H the site records i ndi cate 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 snowlice days for the contract duration, the contract will be adjusted by Change Order. Fort Worth Weather Table 24 April 2017 Instruction to Offerors Page 22 of 34 WRMC Auditorium Roof Replacement (October 2023) City of Fort Worth, Texas Property Management Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in four originals, with all required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the Contractor shall examine carefully the, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. They shall examine the site of work and satisfy themselves as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that they have complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the Work. Words that have well -recognized technical or trade meanings are used herein in accordance with such recognized meanings. A-7 DIVISION OF WORK: The arrangement of Drawings and/or Specifications into Divisions, Sections, Articles, or other Subdivisions shall not be binding upon the Contractor in dividing the work among Subcontractors or Trades. A-8 INTERPRETATIONS: The Architect will furnish such Interpretations of the Plans and Specifications as may be necessary for the proper execution or progress of the work. Such Interpretations shall be furnished at the instance of the Architect or at the request of the CONTRACTOR, or Owner, and 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 affected 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 materialman, or involving any question of fault or liability of any party, the decision of the Owner shall be final and binding. In the event of inconsistency in the contract documents, the following sequence for interpretation shall be used in order of precedence: Change Orders and/or Field Orders (by date of issuance); Addenda (by date of issuance); Drawings; Notes and dimensions on Drawings; Technical Specifications; Special Provisions; Supplementary General Conditions; General Conditions; and, Construction Contract. A-9 CORRELATION AND INTENT: In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice -versa, shall be furnished as though set forth in both. Work not detailed, marked or specified shall be the same as similar parts that are detailed, marked or specified. If the drawings are in conflict or conflict with the specifications the better quality or greater quantity or work or materials shall be estimated and shall be furnished or included. Dimensions on drawings shall take precedence over small-scale drawings. Drawings showing locations of equipment, piping, ductwork, electrical apparatus, etc., are diagrammatic and job conditions may not allow installation in the exact location shown. Relocation shall not occur without the Architects approval. General Conditions of the Contract for Construction Lump Sum Contract Page 1 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 A-10 COPIES OF REVIEW DRAWINGS AND SPECIFICATIONS: The Contractor will furnish to City review Drawings and Specifications in electronic format prior to starting work. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished be him. A-11 BUSINESS EQUITY PROVISIONS: All proposers shall note that the Business Equity Ordinance No. 25165-10-2021 (codified in Chapter 20, Article X of the Fort Worth Code of Ordinances, as amended), and any relevant policy or guidance documents, was adopted to ensure the full and equitable participation of certified Minority — and Women -owned business enterprises (M/WBEs), (collectively, "Business Equity Firms") in City contracts for the procurement of goods and services where a contract's total dollar value is greater than $100,000. The City of Fort Worth Business Equity Ordinance will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-12 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither themselves nor any of their officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the employment, advancement or discharge of employees or in connection with the terms, conditions or privileges of their employment, discriminate against persons because of their age except on the basis of a bona fide occupational qualification, retirement plan or statutory requirement. Contractor further covenants that neither themselves nor their officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allega- tions asserted by third parties or subcontractor against City arising out of Contractor's and/or their subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that themselves and any and all of their subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of their subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or their subcontractors' alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: The Architect is the person or person lawfully licensed to practice architecture identified as such in the Agreement. The Architect is retained by the Owner to prepare the construction documents and represent the Owner during the construction phase as directed by the Owner. B-2 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or their authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-3 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Architect will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-4 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform their assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize themselves with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on -site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Architect will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-5 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-6 AUTHORITY TO STOP WORK: The Architect will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in their reasonable opinion, the Architect considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Architect will have authority to require the Contractor to stop General Conditions of the Contract for Construction Lump Sum Contract Page 2 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-7 MISCELLANEOUS Shop Drawinas. Submittals and SamDles: The Architect will review Shop Drawings, Submittals and Samples. Chanoe Orders: Change Orders, Owners Contingence Allowance forms, and Field Orders for Minor Changes in the work will be issued by the Owner through the Architect in accordance with the provisions of Section L. Guarantees: The Architect will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner of each guarantee. Inspections: The Architect will conduct inspections for the purpose of determining and making their recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Substantial Completion. Operation and Maintenance Manuals: The Architect will receive on behalf of the Owner one hard copy and two digital copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-8 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Property Management Department, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by their duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, and Director of the Property Management Department and members of the Facilities Management Division. A designated representative will be identified from within the Facilities Management Division to act as a point of contact for day-to-day contract administration. 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 they have inspected the premises and familiarized themselves 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 their control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the Architect. C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform their assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS: The Owner and Architect will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract Documents. On the basis of on -site observations and reports concerning the progress and quality of the work, the Owner and Architect will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The City will have authority to reject work that does not conform to the Plans and Specifications. Whenever, in their reasonable opinion, the City considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the City will have authority to require the Contractor to stop the work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. The Contractor shall be responsible for the cost of investigations, special inspections and testing for work that is found not to comply with the plans and specifications. C-7 SUBSTANTIAL COMPLETION INSPECTION: Upon agreement of the Contractor and Architect that the Work is substantially complete, the Owner will schedule a Substantial Completion Inspection 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 by the Architect and signed by the Contractor, and accepted, approved and signed by the Owner. C-8 RIGHT TO AUDIT: Contractor agrees that the City shall, until the expiration of three years after final payment under this contract, have access to and the right to examine any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this contract. Contractor further agrees to include in all their subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any General Conditions of the Contract for Construction Lump Sum Contract Page 3 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. C-9 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated, the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit their claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or their 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 exclusive right to control the details of the Work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts of their officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, their officers, agents and employees, and the doctrine of respondent 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 prior written consent of the Director of the Property Management Department of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission they may discover. The Contractor shall do no work without approved Submittals, Drawings, Specifications and Interpretations. D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using reasonable skill and attention. They shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The Contractor will use its reasonable best efforts to hire or contract with local laborers, workmen and materialmen. This general condition is not to be construed as limiting the right of the Contractor to employ laborers, workmen or materialmen from outside local area. The Contractor shall at all times enforce strict discipline and good order among their employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to them. D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Dutv to oav Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these contract documents. 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 their administrative costs, pursuant to Texas Government Code 2258.023. General Conditions of the Contract for Construction Lump Sum Contract Page 4 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 Complaints 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 315` 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 their initial determination. Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the contractor or subcontractor and any affected worker do not resolve the issue by agreement before the 15th day after the date the City makes their initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pav Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit a notarized affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. Postina of Waae Rates. The Contractor shall post the prevailing wage rates in a conspicuous place at the site of the project at all times. Subcontractor Compliance. The Contractor shall include in their subcontracts and/or shall otherwise require all of their subcontractors to comply with paragraphs (a) through (g) above. On projects where special wage rates apply (e.g. Davis -Bacon) the Contractor agrees to meet all requirements of such programs. D-8 WARRANTY: The Contractor warrants to the Owner and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all work will be of good quality, free from faults and defects, and in conformance with the Contract Documents. All work not so conforming to these standards may be considered defective. If required by the Architect or the Owner, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment. Prior to occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse by the Owner's separate contractors, or (ii) modifications made by the Owner or the Owner's separate contractors. After occupancy of the Project by the Owner, the Contractor warranties and obligations to correct defective Work exclude remedy for damage or defect caused by (i) abuse, (ii) modifications not executed by the Contractor, (iii) improper or insufficient maintenance, (iv) improper operation, (v) normal wear and tear, or (vi) normal usage. The warranty provided in this Section shall be in addition to and not in limitation of any other warranty or remedy provided by law or the Contract Documents. D-9 TAXES: The Contractor is exempt from State Sales Tax on material incorporated into the finished construction, Excise and Use Tax. Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. D-10 LICENSES. NOTICES AND FEES: Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. It is the responsibility of the contractor to ensure all permits are kept active and do not expire. The contractor will be responsible for any reinstatement fees due to expired permits. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect and Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Architect and Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-11 ALLOWANCES: The Contractor shall include in the Contract Sum all allowances stated in the Contract Documents. These allowances shall cover the net cost of the materials and equipment delivered and unloaded at the site, and all applicable taxes. The Contractor's handling costs on the site, labor, installation costs, overhead, profit and other expenses contemplated for the original allowance shall be included in the Contractor 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 they will not be required to employ persons against whom they make a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. General Conditions of the Contract for Construction Lump Sum Contract Page 5 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 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 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 employees and all Sub -contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifica- tions made a part hereof, the Contractor and/or their 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: Contractor, immediately after execution of the contract, shall prepare and submit for the Architect's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. Progress Schedule shall be GANT style and include: 1. Base Line: Planned Start/Finish 2. Progress Schedule: Actual Start/Finish 3. Variance: Ahead+/Behind- 4. % of Completion 5. Total Float and Weather Days 6. Critical, Milestones and Commissioning 7. Inspections 8. Owner Activities and Owner Furnished/Contractor Installed Contractor shall update the progress schedule monthly and submit to the Architect for approval with the Contractor's monthly progress payment requests. Contractor shall provide a two -week look -ahead schedule detailing actual work taking place during that period at all OAC meetings. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, clearly marked to record all changes made during construction, shall be delivered to the Architect upon completion of the Work. The Architect will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work. D-17 SHOP DRAWINGS AND SAMPLES: Shop Drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures and other data which are prepared by the Contractor or any Subcontractor, manufacturer, supplier or distributor, and which illustrate some portion of the Work. These may be provided in an electronic format if acceptable to the Architect. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. Three copies of all physical examples shall be provided. The Contractor shall review, approve, and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, three copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission, the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that they have determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that they have checked and coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. General Conditions of the Contract for Construction Lump Sum Contract Page 6 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. Payment for Shop Drawings will not be made until they are approved by the Architect or City. D-18 SITE USE: The Contractor shall confine operations at the site to areas permitted by law, ordinances, permits and the Contract Documents and shall not unreasonably encumber the site with any materials or equipment. Until acceptance of the Work by the City, the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at their 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 their Work that may require making several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise altering the Work or any part of it. D-20 CLEAN UP: The Contractor at all times shall keep the premises free from accumulation of waste materials or rubbish. At the completion of the Work the contractor shall remove all their waste materials and rubbish from and about the Project as well as all their tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom - clean" or equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom -clean", Contractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-21 COMMUNICATIONS: The Contractor shall copy the Owner on all communications to the Architect and copy Architect an all communications to Owner. D-22 CONTRACTOR REQUIREMENTS ON FEDERALLY FUNDED PROJECTS: Contractor shall observe and comply with the requirements of the City of Fort Worth Fiscal Department, Intergovernmental Affairs and Grants Management as outlined in the Supplemental Conditions contained in the Project Manual. SECTION E SUBCONTRACTORS E-1 DEFINITION: A Subcontractor is a person or organization that has a direct contract with the Contractor to perform any of the Work at the site. The term Subcontractor is referred to throughout the Contract Documents as if singular in number and masculine in gender and means a Subcontractor or their 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 their sub -subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The Contractor shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw their bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at their 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 also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; General Conditions of the Contract for Construction Lump Sum Contract Page 7 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub -subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMEN -OWNED BUSINESS ENTERPRISES (M/WBE): The City will consider the Contractor's performance on other City Projects regarding its M/WBE program in the evaluation of bids. Failure to comply with the City's M/WBE program, or to demonstrate a "good faith effort", shall result in a bid being considered irresponsible. Upon request, Contractor must provide the City with complete and accurate information regarding actual work performed by a Minority or Women -Owned Business Enterprises (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 it's possession that will substantiate the actual work performed by an M/WBE. The misrepresentation of acts (other than a negligent misrepresentation) and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. Further any such misrepresentation (other than a negligent misrepresentation) and/or commission of fraud will result on the Contractor being determined to be irresponsible and barred from participating in City work for a period of time of not less than three years. Contractor shall provide copies of subcontracts or cosigned letters of intent with approved M/WBE subcontractors prior to execution of the contract. Contractor shall also provide monthly reports on utilization of the subcontractors electronically in the Business Equity Management System (B2GNow System). The Contractor may count any tier subcontractors and/or suppliers toward meeting the goals. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified by either the North Central Texas Regional Certification Agency, Dallas/Fort Worth Minority Business Development Council (DFW MSDC), or Women's Business Council - Southwest (WBCS) prior to the award of the Contract. 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 in excess of 10% of the original contract, the Business Equity Project Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall: 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with or subsequent to the bid, and, 2. If substantial subcontracting and/or substantial supplier opportunities arise during the term of the contract which the Contractor had represented he would perform with his forces, the Contractor shall notify the City before subcontracts or purchase orders are let, and shall be required to comply with modifications to goals as determined by the City, and, 3. Submit a REQUEST FOR APPROVAL ELECTRONICALLY IN THE B2GNow SYSTEM, if the Contractor desires to change or delete any of the M/WBE subcontractors or suppliers. Justification for change may be granted for the following: 1. Failure of subcontractor to provide evidence of coverage by Workers' Compensation Insurance 2. Failure of subcontractor to provide required general liability or other insurance. 3. Failure of subcontractor to execute a standard subcontract form in the amount of the proposal used by the CONTRACTOR in preparing their M/WBE Participation plan 4. Default by the M/WBE subcontractor or supplier in the performance of the subcontract. Other reasons at the discretion of the Business Equity Project Coordinator Before final payment from the City, the Contractor shall provide the Department of Diversity & Inclusion Office with documentation to reflect final participation of each M/WBE subcontractor and supplier used on the project. Upon verification by the Department of Diversity & Inclusion Office that the Contractor has fulfilled its Business Equity goal commitment with bond fide M/WBEs performing General Conditions of the Contract for Construction Lump Sum Contract Page 8 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 commercially useful functions, a recommendation will be made to the Director, Property Management Department that no reduction in fee should be withheld from the final payment. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to their 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 their Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and they shall require each Subcontractor to make similar payments to their Subcontractors. The Owner may, on request and at their discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR ECONOMIC DEVELOPMENT ADMINSTRATION (EDA) FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110, as appropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis -Bacon and related acts Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347. Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive their Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage alleged to have been so sustained, the Owner shall notify the Contractor who shall defend against such suit at the Contractor's expense, and if any judgment against the Owner arises therefrom, the Contractor shall pay or satisfy such judgment and shall reimburse the Owner for all attorney's fees, court costs and expenses which the Owner has incurred in connection with such suit. General Conditions of the Contract for Construction Lump Sum Contract Page 9 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 F-3 CUTTING AND PATCHING UNDER SEPARATE CONTRACTS: The Contractor shall do all cutting, fitting or patching of work that may be required to fit it to receive or be received by the work of other contractors shown in the Contract Documents. The Contractor shall not endanger any work or any other contractors by cutting, excavating or otherwise altering any work and shall not cut or alter the work of any other contractor except with the written consent of the Architect. Any costs caused by defective or ill-timed work shall be borne by the party responsible therefor. F-4 OWNER'S RIGHT TO CLEAN UP: If a dispute arises between the separate contractors as to their responsibility for cleaning up, the Owner may clean up and charge the cost thereof to the several contractors as the Director of the Project Management Department shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The Contractor and strictly comply with all Federal, State, County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and save harmless the City and all of its officers and agents against any claim or liability arising from or based on the violation of any such Laws, Statutes, Charter, Ordinances, Regulations, or Directives, whether by himself, his employees, agents or subcontractors. G-2 GOVERNING LAWS AND VENUE: 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. Venue for any cause of action arising out of this Contract shall lie exclusively in the state courts of Tarrant County, Texas and contracts consents to such jurisdiction. G-3 PERSONAL LIABILITY OF PUBLIC OFFICIALS: In performing their duties under the Statutes of the State of Texas and the Charter and Ordinances of the City of Fort Worth in connection with this Contract, or in exercising any of the powers granted the Owner herein, the officers, agents and employees of the City of Fort Worth are engaged in the performance of a governmental function and shall not incur any personal liability by virtue of such performance hereunder, except for gross negligence or willful wrong. G-4 COMPLIANCE WITH LAWS: Contractor agrees to comply with all laws, Federal, state and local, including all ordinances, rules and regulations of the City of Fort Worth, Texas. Materials incorporated into the finished Project are not subject to State Sales Tax. The Architect is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements. Building, plumbing, electrical and mechanical building permits are issued without charge. Water and sewer tap, impact & access fees will be paid by the City. Any other permit fees are the responsibility of the Contractor. G-5 INDEMNIFICATION: Contractor covenants and agrees to indemnify City's engineer and architect, and their personnel at the project site for Contractor's sole negligence. In addition, Contractor covenants and agrees to indemnify, hold harmless and defend, at their own expense, the Owner, their officers, servants and employees, from and against any and all claims or suits for property loss, property damage, personal injury, including death, arising out of, or alleged to arise out of, the work and services to be performed hereunder by Contractor, their officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv. damaae or death is caused, in whole or in Part, by the nealiaence or alleaed nealiaence of Owner, their officers, servants, 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 iniury or damaae is caused in whole or in Part by the nealiaence or alleaed nealiaence of Owner, their officers, servants or emplovees. In the event Owner receives a written claim for damages against the Contractor or their subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if deemed appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or their rights or duties hereunder without the prior written consent of the Owner. Any such purported assignment or subletting without the prior written consent of Owner shall be void. G-7 WRITTEN NOTICE: Written Notice shall be deemed to have been duly served if delivered in person to the individual or member of the firm or to an officer of the corporation for whom it was intended, or if delivered at or sent by registered or certified mail to the last business address known to them who gives the notice. General Conditions of the Contract for Construction Lump Sum Contract Page 10 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 G-8 SURETY BONDS: Surety Bonds are required on all Owner contracts in excess of $25,000. Contractor agrees, on the execution of the contract to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the work, such bonds being as provided and required in Chapter 2253, Texas Government Code. Bonds shall be made on the forms furnished by or otherwise acceptable to the Owner. Both the Contractor and the Surety Company shall properly execute each bond. If the total contract price is $25,000 or less, payment to the contractor shall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the Owner. If the contract amount 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 material in the prosecution of the work. If the contract amount is in excess of $100,000, a Performance Bond shall be executed, in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the City of Fort Worth. In order for a surety to be acceptable to the Owner, the surety must (1) hold a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the Owner upon request. The Owner, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given to the Contractor to that effect and the Contractor shall immediately provide a new surety satisfactory to the Owner. Until bonds are sent to the city and verified no Notice to Proceed will be issued. 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 they may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. they shall defend all suits or claims for infringement of any patent rights and shall save the Owner harmless from loss on account thereof and shall be responsible for all such loss when a particular design, process or the product of a particular manufacturer or manufacturers is specified; however, if the Contractor has reason to believe that the design, process or product specified is an infringement of a patent, they shall be responsible for such loss unless they promptly give 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 their readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection, tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not included above, the Architect, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by them to the Architect. The Architect will review the certificates and forward one copy of each with their recommendation(s) to the Owner and one copy will be kept onsite for review by the Owner, Architect and AHJ. Contractor shall provide a graphic log documenting all testing and inspection locations and dates. If the Owner wishes to observe the inspections, tests or approvals required by this Section, they will do so promptly and, where practicable, at the source of supply. Neither the observations of the Architect or the Owner in their administration of the Construction Contract, nor inspections, tests or approvals by persons other than the Contractor shall relieve the Contractor from their obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be required to perform the Work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least ten days General Conditions of the Contract for Construction Lump Sum Contract Page 11 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 in advance of the time that they desire the existing service to be interrupted. The interruption time shall be kept to a minimum. Depending upon the activities at an existing facility that requires continuous service from the existing utility, an interruption may not be subject to schedule at the time desired by the Contractor. In such cases, the interruption may have to be scheduled at a time of minimum requirements of demand for the utility. The amount of time requested by the Contractor of existing utility services shall be as approved by the Owner. G-13 LAYING OUT WORK: The Contractor shall verify dimensions and elevations indicated in layout of existing work. Discrepancies between Drawings, Specifications, and existing conditions shall be referred to the Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction 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, and should any discrepancy be found, they shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on their part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor, wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers, light fixtures, equipment, etc. If because of the non -related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to original condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos -containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's approval. They shall remove and relocate such items at their own expense if so directed by the Architect. Where possible; uniform margins shall be maintained between parallel lines and/or adjacent wall, floor or ceiling surfaces. General Conditions of the Contract for Construction Lump Sum Contract Page 12 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying capacities by placing of materials, equipment, tools, machinery or any other item thereon. No loads shall be placed on floors or roofs before they have attained their permanent and safe strength. G-21 MANUFACTURER'S INSTRUCTIONS: Where it is required in the Specifications that materials, products, processes, equipment, or the like be installed or applied in accordance with manufacturer's instructions, direction or specifications, or words to this effect, it shall be construed to mean that said application or installation shall be in strict accordance with printed instructions furnished by the manufacturer of the material concerned for use under conditions similar or those at the job site. Six copies of such instructions shall be furnished to the Architect and their approval thereof obtained before work is begun. G-22 CLEANING UP: The Contractor shall keep the premises free from accumulation of waste material or rubbish caused by employees or as a result of the Work. At completion of work, the General Contractor shall, immediately prior to final 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. Dust all ceilings and walls. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non -resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched -up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air -borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT: General Conditions of the Contract for Construction Lump Sum Contract Page 13 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 Electronic submission of Close Out documentation must be submitted 30 days prior to substantial completion for review and approval of Architect and Owner. Final Inspection. Record Drawinas: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8 %" x 1 V, except pull out sheets may be neatly folded to 8 '/z "x 1 V. Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub -contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other materials. Submit two digital electronic copies and one hard copy of Maintenance Manuals, prior to request for final payment. Commissioning and Test and Balance Reports (Final) Operational Inspection and Maintenance Instruction: The Contractor shall provide at their expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This requirement shall be scheduled just prior to and during the initial start-up. After all systems are functioning properly the representatives shall instruct maintenance personnel of the Owner in the proper operation and maintenance of each item. G-27 GUARANTEE AND EXTENDED GUARANTEE: Upon completion of the Project, prior to final payment, guarantees required by technical divisions of Specifications shall be properly executed in quadruplicate by subcontractors and submitted through the Contractor to Architect. Delivery of guarantees shall not relieve Contractor from any obligation assumed under Contract. The Contractor shall guarantee the entire Project for one year. In addition, where separate guarantees, for certain portions of work, are for longer periods, General Contractor's guarantee shall be extended to cover such longer periods. Manufacturer's extended warrantees shall be included in this contract. Guarantees shall become valid and operative and commence upon issuance of Certificate of Inspection and Acceptance by Owner. Guarantees shall not apply to work where damage is result of abuse, neglect by Owner or their successor(s) in interest. The Contractor agrees to warrant their work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees, the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all costs of making good all work that is found to be defective or not provided in accordance with the Contract Documents. Additionally if the facility or contents are damaged due to defective materials or workmanship of the Contractor, the Contractor further agrees to bear all cost of repairing and/or replacing damaged items and components to bring such items back to at least their original condition. G-28 RECORD DRAWINGS: Upon completion of the Work and prior to application for final payment, one print of each of the drawings accompanying this specification shall be neatly and clearly marked in red by the Contractor to show variations between the construction actually provided and that indicated or specified in the Contract Documents. The annotated documents shall be delivered to Architect. Where a choice of materials and/or methods is permitted herein and where variations in the scope or character of the work from the entire work indicated or specified are permitted either by award of bidding items specified for that purpose, or by subsequent change to the drawings, the record drawings shall define the construction actually provided. The representation of such variations shall conform to standard drafting practice and shall include supplementary notes, legends and details which may be necessary for legibility and clear portrayal of the actual construction. The record drawings shall indicate, in addition, the actual location of all sub -surface utility lines, average depth below the surface and other appurtenances. All diagrammatic designs shall be indicated with the actual locations on the plans. G-29 CONSTRUCTION FENCE: The Contractor shall provide a substantial chain -link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY. STORAGE. HANDLING: The Contractor shall handle, store and protect materials and products, including fabricated components, by methods and means which will prevent damage, deterioration and loss, including theft (and resulting delays), thereby ensuring highest quality results as the work progresses. Control delivery schedules so as to minimize unnecessary long-term storage at project site prior to installation. G-31 REMOVAL OF SALVAGED MATERIAL: The Contractor shall remove salvaged material and equipment from the Project site and dispose of it in accordance with the law. Equipment or material identified in the Specifications or Plans for Owner salvage shall be carefully removed and delivered to the Owner at any location in within the City limits as directed by the City. G-32 MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Bids on brands of like nature and quality will be considered. Contractor shall inform the City of any substitutions intended for the General Conditions of the Contract for Construction Lump Sum Contract Page 14 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 project within 5 business days of bid opening. Failure to inform the City of substitute projects will obligate the Contractor to provide the specified material if awarded the contract. Within 14 days after bid opening and upon request of the Contractor, the Contractor will submit a full-sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted'; the City will accept no alternates to the specified equipment. 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 and additional weather days beyond what is allotted in the contract. The Date of Commencement of the Work is the date established in the Notice to Proceed. If there is no notice to proceed, it shall be the date of the Agreement or such other date as may be established therein. The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Owner, and no other form of acceptance will be binding upon the Owner. A Calendar Dav constitutes 24 hours of time and is any one of the seven days of a week, including Sunday, regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction. An extension of contract time shall be in accordance with this Section. Extensions of time will be as recommended by the Architect with final approval by City of Fort Worth. A Workina 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. Should the Contractor choose to work on Saturdays, one day will be charged as contract -working time when weather or other conditions permit seven hours of work as delineated above. Legal holidays are defined as being New Year's Day, Martin Luther King Day, Memorial Day, Juneteenth, Independence Day, Labor Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. If Juneteenth, Independence Day, Christmas Day or New Year's Day falls on a Saturday, the preceding Friday is a legal holiday. If Juneteenth, Independence Day, Christmas Day or New Year's Day falls on a Sunday, the following Monday will be a legal holiday. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 CONSTRUCTION WORK: Noise created by construction work within three hundred (300) feet of an occupied residential structure involving the erection, excavation, demolition, alteration, or repair of any building, structure, or flatwork is prohibited as follows: Before 7:00 a.m. or after 8:00 p.m. Monday -Friday Before 9:00 a.m. or after 8:00 p.m. Saturday -Sunday H-4 DELAYS AND EXTENSIONS OF TIME: If the Contractor is delayed at any time in the progress of the Work by any act or neglect of the Owner or the Architect, or by any employee of the Owner, or by any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect determines mayjustify 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 Fort Worth Weather Table provided in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. If no schedule or agreement is made stating the dates upon which written interpretations shall be furnished, then no claim for delay shall be allowed on account of failure to furnish such interpretation until fifteen days after demand is made for them, and not then unless such a claim is reasonable. H-5 WEATHER: The Fort Worth Weather Table is to be used as a basis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snow/ice- pellet days for the contract duration, the contract period will be adjusted by Change Order. H-6 NO DAMAGE FOR DELAY: Notwithstanding anything to the contrary contained herein, the Contractor shall never be entitled to any compensation or damages for delay of any nature. In that regard, the Contractor shall receive no compensation for General Conditions of the Contract for Construction Lump Sum Contract Page 15 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 delays or hindrances to the work, as a result of price escalation in the marketplace, labor, material shortages or to increases in the GMP. When such extra compensation is claimed a written statement thereof shall be presented by the Contractor to the Architect and if found to be correct shall be approved and referred by him to the Council for final approval or disapproval; and the action thereon by the Council shall be final and binding. If delay is caused by specific orders given by the Architect or Owner to stop work, or by the performance of extra work, or by the failure of the Owner to provide material or necessary instructions for carrying on the work, then such delay will entitle the Contractor to an equivalent extension of time, his application for which shall, however, be subject to the approval of the Owner and no such extension of time shall release the Contractor or the surety on its performance bond from all his obligations here under which shall remain in full force until the discharge of the contract. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities if required by the Architect, aggregating the total Contract Sum, divided so as to facilitate payments to Sub -contractors, prepared in such form as specified or as the Architect and the Contractor may agree upon, and supported by such data to substantiate correctness as the Architect may require. Each item in the Schedule of Values shall include proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. 1-3 PROGRESS PAYMENTS: On the first day of each month after the first month's work has been completed, the Contractor will make current estimates in writing for review by the Architect and Owner of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated into the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens'; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or furnishing materials and equipment for the Work, subject to an agreement under which an interest therein or an encumbrance thereon is retained by the seller or otherwise imposed by the Contractor or such other person. Contractor shall provide access to the red -lined drawings for that period for approval by Owner. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 1-4 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the Architect will, with reasonable promptness but not more than seven days after the receipt of the Application, prepare a Certificate of Payment, with a copy to the Contractor, for such amount determined to be properly due, or state in writing reasons for withholding a Certificate. The issuance of a Certificate for Payment will constitute a representation by the Owner, based on the Architect's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Owner. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after approval, and the remaining 10% of each such estimate will be retained by the Owner until Substantial Completion. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until Substantial Completion. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-5 PAYMENTS WITHHELD: The Architect may decline to approve an Application for Payment and may withhold the Certificate in whole or in part if in their opinion they are unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in their 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) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time; or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them, without payment of interest. 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 or instructions of the Architect. 1-6 LIQUIDATED DAMAGES: The parties agree and acknowledge that actual damages are uncertain and difficult to ascertain because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable in this circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits. Therefore, the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated below are reasonable and a correct representation of actual damages to the City. The parties also agree that the liquidated damages called for in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties. The deduction for liquidated damages shall be as follows: Amount of Contract Liquidated Damages per Day $15,000 or less $45 $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001to $1,000,000 $315 $1,000,001to $2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 Over $10,000,000 $980 1-7 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the Architect should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. 1-8 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete, the Contractor will prepare a "Preliminary Punch List" and then the City shall inspect the project with the Contractor. The Contractor will provide an updated punch list weekly, to be sent to the Owner. The punch list will include the Contractor's initials by each item that is closed. This process will continue at all subsequent OAC meetings until 100% completion of the punch list items are confirmed by the A/E and Contractor in writing, along with the project specific Attic Stock List. Final PMD's Construction Inspector's written confirmation is mandatory. When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, they then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Substantial Completion shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a "final punch list". The Contractor shall complete the remaining work listed therein within 30 calendar days. When the Certificate of Occupancy has been issued, the retainage may be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed time, the contract time will again commence. Should the Contractor fail to complete the work within the contract duration, liquidated damages will be assessed Upon receipt of written notice that the Work is ready for final inspection, the City will conduct a joint inspection and certify completion of the final punch list by cosigning it with the Contractor. The Contractor shall submit the following items to the City prior to requesting final payment: General Conditions of the Contract for Construction Lump Sum Contract Page 17 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 1) Contractor's Affidavit of Payment of Debts and Claims (G706) stating that all payrolls, bills for materials and equipment, and other indebtedness connected with the Work for which the Owner or their 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 out of the Contract, to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify them 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 all costs and reasonable attorney's fees. The Contractor may then request final payment. The acceptance of final payment shall constitute a waiver of all claims by the Contractor except those previously made in writing and still unsettled. The Contractor's one-year warranty will commence upon Substantial Completion of the Project. Trees will be warranted for a period of two -years per City ordinance. All landscaping and irrigation shall be cared for and maintained by the contractor for 1 year from the date of substantial completion. This includes but not limited to grass/turf, trees, shrubs, and plant beds. Prior to the expiration of the one-year warranty there will be a walk through attended by the Owner, Architect, and Contractor to identify any items that need to be addressed. These items will be agreed upon by all parties and the contractor will complete the work within 30 days. The designated representative of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. 1-9 FINAL PAYMENT FOR UN -BONDED PROJECTS: Final payment will not be made for a period of 30 calendar days and until all requirements have been met, with the exception of Consent of Surety for Final Payment. SECTION J PROTECTION OF PERSONS AND PROPERTY J-1 SAFETY PRECAUTIONS AND PROGRAMS: The Contractor shall be responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. The Contractor shall designate a responsible member of their organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS AND PROPERTY: The Contractor shall take all reasonable precautions for the safety of, and shall provide all reasonable protection to prevent damage, injury or loss to: (1) All employees on the Work and all other persons who may be affected thereby; (2) All the Work and all materials and equipment to be incorporated therein, whether in storage on or -off the site, under the care, custody or control of the Contractor or any of their Subcontractors or Sub -contractors; and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and they shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above, caused before completion and acceptance. The Contractor shall comply with all applicable Laws, Ordinances, Rules, Regulations and Orders of any public authority having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. They shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of explosives or other hazardous materials or equipment is necessary for the execution of the Work, the Contractor shall exercise the utmost care and shall carry on such activities under the supervision of properly qualified personnel. All damage or loss to any property referred to in the preceding paragraphs caused in whole or in part by the Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable, shall be remedied by the Contractor, including damage or loss attributable to faulty Drawings or Specifications and acts or omissions of the Architect or anyone employed by them or for whose acts they may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. General Conditions of the Contract for Construction Lump Sum Contract Page 18 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 The Contractor shall not load or permit any part of the Work to be loaded so as to endanger safety. J-3 HARD HATS: Hard Hats will be required at all construction sites included in this Contract from start to completion of work. Each Contractor, employee and visitor at any construction site included in the Contract will be required to wear a hard hat. The Contractor shall enforce the wearing of hard hats by Contractor, employees and visitors. Contractor shall provide hard hats for use by the consulting Architects and Engineers and visitors. J-4 EMERGENCIES: In any emergency affecting the safety of persons or property, the Contractor shall act at their discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of their workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all their wastes and rubbish from and about the work area, as well as their tools, equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc., as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the Contractor shall include a per -unit cost for trench safety measures in their 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 their Schedule of Values. SECTION K - INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until they have obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. K-2 WORKERS' COMPENSATION INSURANCE 1) General: a) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of their employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section. b) Subcontractor's Worker's Compensation Insurance. Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the Owner (City). c) By signing this Contract or providing or causing to be provided a certificate of coverage, the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the Texas Worker's Compensation Commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Contractor to administrative penalties, criminal penalties, civil penalties or other civil actions. d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City. 2) Definitions: a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the Texas Workers' Compensation Commission, or a coverage agreement (TWCC-81, TWCC-82, TWCC-83, or TWCC- 84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project ("subcontractor" in section 406.096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner -operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" 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: General Conditions of the Contract for Construction Lump Sum Contract Page 19 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 a) The Contractor shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all employees of the Contractor providing services of the project, for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project, the Contractor must, prior to the end of the coverage period, file a new certificate of coverage with the City showing that coverage has been extended. d) The Contractor shall obtain from each person providing services on a project, and provide to the City: i) a certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage, based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; iii) provide the Contractor, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; iv) obtain from each other person with whom it contracts, and provide to the Contractor: (1) a certificate of coverage, prior to the other person beginning work on the project; and (2) a new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) - vii), with the certificates of coverage to be provided to the person for whom they are providing services. 4) Posting of Required Worker's Compensation Coverage. a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30-point bold type and text in at least 19-point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect them, the City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 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 themselves or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following: 1) Automobile Liability: $1,000,000 each accident or reasonably equivalent split limits for bodily injury and property damage. Coverage shall be on "any auto" including leased, hired, owned, non -owned and borrowed vehicles used in connection with this Contract. 2) Commercial General Liability: $1,000,000 each occurrence. Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance: When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor, or subcontractor performing the removal, shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence; $2,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation, the Contractor shall procure, pay for and maintain at all times during the term of this Contract, Builder's Risk Insurance against the perils of fire, lightning, windstorm, hurricane, hail, riot, explosion, civic commotion, smoke, aircraft, land vehicles, vandalism, and malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood 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 their agents shall be covered. Upon completion of the Work, the Contractor shall notify the City of Fort Worth in writing before terminating this insurance. K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Property Management Department, City of Fort Worth as a "Certificate Holder", and noting the specific project(s) covered by the Contractor's insurance as documented on the certificate of insurance. More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be added as an additional insured, by endorsement, on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth. 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable, shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth, and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned. Any company through which the insurance is placed must have a rating of at least A:VII, as stated in current edition of A. M. Best's Key Rating Guide. At the City's sole discretion, the City may accept a less favorable rate. 4) Deductible limits on insurance policies and/or self -insured retentions exceeding $10,000 require prior written approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation, non -renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. A 10- day notice for failure to pay premium is acceptable. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth. 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein. 8) The City of Fort Worth shall be entitled, upon request and without incurring expense, to review the insurance policies including endorsements thereto and, at its discretion, to require proof of payment for policy premiums. 9) The City of Fort Worth shall not be responsible for paying the cost of insurance coverages required herein. 10) Notice of any actual or 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 agrees 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. General Conditions of the Contract for Construction Lump Sum Contract Page 21 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 SECTION L CHANGES IN THE WORK L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions, deletions or other revisions, the Contract Sum and the Contract Time being adjusted accordingly. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents. A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of the Contract, authorizing a Change in the Work or adjustment in the Contract Sum or the Contract Time. The Contract Sum and the Contract Time may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions, or by request of either the Contractor or the City, shall be coordinated with the Director, Property Management Department. A change order must be written and duly negotiated and executed prior to performing changed work. The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways: 1) by mutual acceptance of a lump sum property itemized, including the allowance to Contractor for overhead and profit stipulated in the original contract proposal; 2) by unit prices stated in the Contract Documents or subsequently agreed upon; or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon, the Contractor, provided they receive a Change Order, shall promptly proceed with the Work involved. The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and savings, including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such cases, the Contractor shall keep and present, in such form as the Architect shall prescribe, an itemized accounting together with appropriate supporting data. Pending final determination of cost to the Owner, payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed, the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work, Contractor shall process such proposal within seven days of receipt and return the price quote to the Architect in writing. The Architect shall review the price quotation and if approval is recommended, forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended, the Architect will attempt to negotiate with Contractor to revise the proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negotiations do not result in an equitable solution, the Architect shall prepare a cost-plus type Change Order with a price -not -to -exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above. 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. Contractor is advised that when the cumulative effect of Change Orders results in an increase in contract valuation by over $100,000, the City Council must approve all such Change Orders that will exceed this limit, once the recommended change order has been approved by Council the normal processing time is approximately thirty (30) days. Owner, Architect 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 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, they shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in accordance with Section J. No such claim shall be valid unless so made. Any change in the Contract Sum or Contract Time resulting from such claim, if approved by the Owner, shall be authorized by Change Order. Any claims submitted for additional cost or time shall be accompanied by a recovery schedule. 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 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 LlQ%J. L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced, at the Contractor's expense. If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect or the Owner may request to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications, the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Architect or Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non -conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. Defective or non -conforming work shall be completed in a timely manner. The Contractor shall respond and/or repair any work that is deemed an emergency by the City within 24 hours. The Contractor shall respond and/or repair any other defective or non -conforming work within three working days. The Contractor shall bear the cost of making good all work of separate contractors destroyed or damaged by such removal or correction. If the Contractor does not remove such defective or non -conforming work within a reasonable time fixed by written notice from the Owner, the Owner may remove it and may store the materials or equipment at the expense of the Contractor. If the Contractor does not pay the cost of such removal and storage within ten days thereafter, the Owner may upon ten additional days' written notice sell such work at auction or at private sale and shall account for the net proceeds thereof, after deducting all the costs that should have been borne by the Contractor including compensation for additional architectural services. If such proceeds of sale do not cover all costs that the Contractor should have borne, the difference shall be charged to the Contractor and an appropriate Change Order shall be issued. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contractor shall pay the difference to the Owner. If the Contractor fails to correct such defective or non -conforming work, the Owner may 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 them by special guarantees required by the Contract Documents or otherwise prescribed by law. M-3 ACCEPTANCE OF DEFECTIVE OR NON -CONFORMING WORK: If the Owner prefers to accept defective or non- conforming work, he may do so instead of requiring its removal and correction, in which case an extended warranty or Change Order will be issued to reflect an appropriate reduction in the final payment to the Contractor or if the amount is determined after final payment, the Contractor shall pay Owner the amount of the appropriate reduction. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' written notice to the Owner , terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if they make a general assignment for the benefit of their creditors, or if a receiver is appointed on account of their insolvency, or if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if they fail to make prompt payment to Subcontractors or for materials or labor, or fails to comply with all Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on their own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and their surety, if any, seven (7) days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 owned by the Contractor and may finish the work by whatever method they may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be affected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit a claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. SECTION O SIGNS The Contractor shall construct and install the project designation sign as required in the Contract Documents and in strict accordance with the Specifications for "Project Designation Signs." This sign shall be a part of this Contract and shall be included in the Contractor's Base Bid for the Project. The Contractor may install their company sign and shall allow the Architect to install their company sign. No other signs will be allowed. SECTION P TEMPORARY FACILITIES P-1 SCOPE: The Contractor shall furnish, erect, and maintain facilities and perform temporary work required in the performance of this Contract, including those shown and specified. P-2 USE OF TEMPORARY FACILITIES: All temporary facilities shall be made available for use by all workmen and subcontractors employed on the project, subject to reasonable directions by the Contractor as to their proper and most efficient utilization. P-3 MAINTENANCE AND REMOVAL: The Contractor shall maintain temporary facilities in a proper, safe operating and sanitary condition for the duration of the Contract. Upon completion of the Contract, all such temporary work and facilities shall be removed from the premises and disposed of unless otherwise directed or specified hereunder. P-4 FIELD OFFICES AND SHED: The Contractor is not required to provide a temporary field office or telephone for projects under $1,000,000. Contractor shall equip the Project Superintendent with a pager and provide 24-hour contacts to the City. The Contractor shall provide a temporary field office building for themselves, their subcontractors and use by the Architect and Owner. For construction contracts with a bid price in excess of $1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have suitable locks. Field offices shall be maintained for the full time during the operation of the work of the Contract. During cold weather months, the field offices shall be suitably insulated and equipped with a heating device to maintain 70-degree Fahrenheit temperature during the workday. During warm weather the offices shall be equipped with an air conditioning device to maintain temperature below 75 degrees F. Upon completion of the work of the Contract, the Contractor shall remove the building from the premises. In addition to the drawing shelf, provide for the City field representatives office: one desk, four chairs, plan rack and a four -drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds and other temporary buildings or trailers on the project site as required for their use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed, or as directed. P-5 WIRELESS CONNECTION: The Contractor shall provide and pay for wireless internet connection (WIFI) for the City and Architect. P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. General Conditions of the Contract for Construction Lump Sum Contract Page 24 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 P-7 UTILITIES: Contractor shall make all necessary arrangements and provide for temporary water and electricity required during the construction. Contractor shall provide and install temporary utility meters during the contract construction period. These meters will be read and the Contractor will be billed on this actual use. The Contractor shall provide all labor and materials required to tap into the utilities. The Contractor shall make the connections and extend the service lines to the construction area for use of all trades. Upon completion of the work all utility lines shall be removed and repairs made to the existing lines. Only utilities at existing voltages, pressures, frequencies, etc. will be available to the Contractor. Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings. Pipe water from the source of supply to all points where water will be required. Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets so that 50-foot-long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day -lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squgr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event, the lighting intensity shall not be less than 5-foot candles in the vicinity of work and traffic areas. P-8 CONDITIONED SPACE: The Contractor shall provide HVAC services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Contractor shall provide HVAC prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 50 F and above 95 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 50 F and above 85 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 their sub -contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees, equipment, the public and property. All temporary construction and equipment shall conform to all regulations, ordinances, laws and other requirements of the authorities having jurisdiction, including insurance companies, with regards to safety precautions, operation and fire hazard. The Contractor shall provide and maintain pumping facilities, including power, for keeping the site, all times, whether from underground seepage, rainfall, drainage of broken lines. The Contractor shall maintain provision for closing and locking the building at such time as possible to do so. If this is not feasible, maintain a night The Contractor shall provide and maintain all barricades or enclosures, required to protect the work in progress from outside elements, dusts, and other disturbances as a result of work under this Contract. Such protection shall be positive, shall meet the approval of the Owner and shall be maintained for the duration of the construction 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 employment. The bulletin board shall remain the property of the Contractor and shall be removed by them upon completion of the Contract work. The following information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. A. The Equal Opportunity 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. General Conditions of the Contract for Construction Lump Sum Contract Page 25 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 C. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County, Texas. END OF GENERAL CONDITIONS General Conditions of the Contract for Construction Lump Sum Contract Page 26 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 FORTWORTH, 2023 SUBJECT: Notice to Proceed Notice to Proceed Date: ---------------, 2023 Project Duration: 000 Days Substantial Completion Date: ----------------, 2023 City Council Contract Date: ---------------, 2023 Dear Sir or Madam, located at ------------------- was awarded to , VP of Construction, in the amount of (Contract Amount, on (Date). This letter shall serve to substantiate a Notice to Proceed with the below scope of work for the Project. You are hereby directed to proceed on the following work, in accordance with provisions of City Secretary Contract Number CSC# ---------------- All work is to be done in accordance with plans, specifications and conditions provided in the contract. Please acknowledge receipt of this Notice by signing the space below and returning a copy to the Property Management Office. Please contact Jackson Jones, Construction Superintendent at (817) 269-6578 if there are any questions and prior to commencing work. Sincerely, Dana Burghdoff, AICP Assistant City Manager Acceptance of Notice Receipt of the above Notice to Proceed is hereby acknowledged this day BY: 111111111111111111114 CC: City Project Manager Nikita Watts Brian Glass City Construction Super City Sr. Construction PROPERTY MANAGEMENT DEPARTMENT FACILITIES DIVISION / ARCHITECTURAL SERVICES THE CITY OF FORT WORTH * 200 TEXAS STREET FORT WORTH, TEXAS 76102 (817) 392-2586 * FAX (817)392-8488 2023. General Conditions of the Contract for Construction Lump Sum Contract Page 27 of 27 CFW PMD — WRMC Auditorium Roof Replacement Trumble April 2024 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT This Agreement is made effective as of the date signed by the Assistant City Manager below 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 Trumble Construction, LLC d/b/a RBT Roofing of the City of Texarkana, County of Bowie, State of Texas, hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: City of Fort Worth WRMC Auditorium Roof Replacement 3401 W. Lancaster Fort Worth, Texas PMD2021-10 City Project # 100238 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $687,805.00 . including the Base Proposal ($ 639,818.00 ), Owner's Contingency Allowance ($ 47,987.00 ), and No Alternates. Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents, and the Owner has approved such insurance. The Contractor shall be responsible for delivering to the Owner the sub -contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: Instruction to Offerors Page 23 of 34 WRMC Auditorium Roof Replacement (October 2023) • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General Liability insurance policy to cover bodily injury, including death, and property damage at the following limits: $1,000,000 each occurrence and $2,000,000 aggregate limit. • The insurance shall be provided on a project specific basis and shall be endorsed accordingly. • The insurance shall include, but not be limited to, contingent liability for independent contractors, XCU coverage, and contractual liability. C. BUSINESS AUTOMOBILE LIABILITY: • $1,000,000 each accident. • The policy shall cover any auto used in the course of the project. d. BUILDER'S RISK OR INSTALLATION FLOATER: This insurance shall be applicable according to the property risks associated with the project and commensurate with the contractual obligations specified in the contract documents. e. EXCESS LIABILITY UMBRELLA: $1,000,000 each occurrence; $2,000,000 aggregate limit. This insurance shall provide excess coverage over each line of liability insurance required herein. The policy shall follow the form(s) of the underlying policies. f. SCOPE OF INSURANCE AND SPECIAL HAZARD: The insurance required under the above paragraphs shall provide adequate protection for the Contractor and its subcontractors, respectively, against damage claims which may arise from operations under this contract, whether such operations be by the insured or by anyone directly or indirectly employed by it, against any insurable hazards which may be encountered in the performance of the Contract. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or such other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub -contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: 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. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 Instruction to Offerors Page 24 of 34 WRMC Auditorium Roof Replacement (October 2023) Texas Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. C. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. 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. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the Owner. In lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. 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. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. 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. Contractor's liability shall not be limited to the specified amounts of insurance required herein. M. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Construction shall not start without a "Notice to Proceed". The Notice to Proceed shall not be issued without bonds in place. Contractor shall apply for 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 Condi- tions, 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 their Surety shall be liable to the Owner for such deficiency. Instruction to Offerors Page 25 of 34 WRMC Auditorium Roof Replacement (October 2023) IMMIGRATION NATIONALITY ACT: City actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Vendor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Vendor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Vendor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Vendor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Vendor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Vendor. No Bovcott of Israel. If Contractor has fewer than 10 employees or the Agreement is for less than $100,000, this section does not apply. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this Agreement, Contractor certifies that Contractor's signature provides written verification to City that Contractor: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the Agreement. Prohibition on Bovcottinq Energv Companies. Vendor acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Prohibition on Discrimination Aqainst Firearm and Ammunition Industries. Vendor acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Vendor certifies that Vendor's signature provides written verification to the City that Vendor: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Instruction to Offerors Page 26 of 34 WRMC Auditorium Roof Replacement (October 2023) This Agreement is made effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth b"ruL Br 1p'104 By: Dana Burghdoff (Ma 1, 20241 :49 CDT) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: May 21, 2024 Approval Recommended: Name: Marilyn Marvin Title: Interim Director, Property Mgmt. Attest: on QFORT d a°Pa° �pio o—° o /, .J�-� PQQnE4p5ao By. Name: Jannette Goodall Title: City Secretary CONTRACTOR: Trumble Construction, LLC d/b/a RBT Roofing By: E7: va' A'IQ MT) Name: Robert Trumble Title: President Date: May 10, 2024 Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. By: P. Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: QWr— By: Douglas Black (May 21,202415:27 CDT) Name: Douglas Black Title: Senior Assistant City Attorney Contract Authorization: M&C: 24-0345 OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX Instruction to Offerors Page 27 of 34 WRMC Auditorium Roof Replacement (October 2023) Bond # 022237236 PAYMENT BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Trumble Construction, LLC dba RBT Construction , known as "Principal" herein, and Liberty Mutual Insurance Company a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, in the penal sum of, Six Hundred Eighty -Seven Thousand EiLyht Hundred Five Dollars and No Cents ($687,805.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents: WHEREAS, Principal has entered into a certain written Contract with City, awarded the 23 day of April, 2024, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor and other accessories as defined by law, in the prosecution of the Work as provided for in said Contract and designated as WRMC Auditorium Roof Replacement located at 3401 W. Lancaster, Fort Worth, Texas (PMD2021-10) Proiect Number 100238. NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under the Contract, then this obligation shall be and become null and void; otherwise to remain in full force and effect. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statute. Instruction to Offerors Page 28 of 34 WRMC Auditorium Roof Replacement (October 2023) IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 23rd day of April ATTEST: (Principal) Secretary Witness as to Principal ATTEST: N/A (Surety) Secretary Witness as to Surety Ashlie Dooley, Bond Account Manager PRINCIPAL: Trumble Construction, LLC dba RBT Construction BY: Signature Name and Title Address: 1944 Clear Springs Rd. Texarkana, TX 75501 SURETY: Liberty Mutual Insurance Company BY: l ` Signatu =e Jade Porter. Attornev-in-Fact Name and Title Address: 2900 Mamuita Dr Fort Worth, TX 76116 Telephone Number: (972) 772-7220 , 2024. *Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Instruction to Offerors Page 29 of 34 WRMC Auditorium Roof Replacement (October 2023) Bond # 022237236 PERFORMANCE BOND THE STATE OF TEXAS § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Trumble Construction, LLC dba RBT Construction known as "Principal" herein and Liberty Mutual Insurance Company , a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Six Hundred Eighty - Seven Thousand EiLFht Hundred Five Dollars and No Cents ( $687,805.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 23 day of April. 2024, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as WRMC Auditorium Roof Replacement located at 3401 W. Lancaster, Fort Worth, Texas (PMD2021-10) Proiect Number 100238. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. Instruction to Offerors Page 30 of 34 WRMC Auditorium Roof Replacement (October 2023) IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 23rd day of April , 2024. PRINCIPAL: Trumble Construction, LLC dba RBT Construction BY: Signature ATTEST: ,lblrr;� (Principal) Secretary Name and Title ` ... Address: 1944 Clear Springs Rd. Texarkana, TX 75501 Witness as to Principal SURETY: Witness as to Sure Ashlie Dooley, Bond Account Manager Liberty Mutual Insurance Company q BY: ignature Jade Porter, Attorney -in -Fact Name and Title Address: 2900 Marquita Dr. Fort Worth, TX 76116 Telephone Number: (972) 772-7220 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Instruction to Offerors Page 31 of 34 WRMC Auditorium Roof Replacement (October 2023) This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Liberty Liberty Mutual Insurance Company Mutual. The Ohio Casualty Insurance Company Certificate No: 8205286-022082 SURETY West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire, that Liberty Mutual Insurance Company is a corporation duly organized under the laws of the State of Massachusetts, and West American Insurance Company is a corporation duly organized under the laws of the State of Indiana (herein collectively called the "Companies"), pursuant to and by authority herein set forth, does hereby name, constitute and appoint, Jack Nottingham; Jade Porter; Jay Jordan; Jeremy Barnett; Johnny Moss; Mistie Beck; Robert G. Kanuth; Robert J. Shuya; Tony Fierro all of the city of Rockwall state of TX each individually if there be more than one named, its true and lawful attorney -in -fact to make, execute, seal, acknowledge and deliver, for and on its behalf as surety and as its act and deed, any and all undertakings, bonds, recognizances and other surety obligations, in pursuance of these presents and shall be as binding upon the Companies as if they have been duly signed by the president and attested by the secretary of the Companies in their own proper persons. IN WITNESS WHEREOF, this Power of Attorney has been subscribed by an authorized officer or official of the Companies and the corporate seals of the Companies have been affixed thereto this 15th day of April , 2021 . Liberty Mutual Insurance Company 1NSU.1 vSY INSU 1NsUp The Ohio Casualty Insurance Company AJPGoaPDR'4T�y0 yJ'Y OaPOPA �GQ' OoaP0 411, West American Insurance Company 4 3 m 3 Fo cn � 0 1� �Q' o m w 1912 0 0 1919 0 f 1991 0 ry �y3 yZ �"° C ° N ddg77 O*U6��•aL o�y Hq*P5*�aa '�5� O* N ��•d� By• 03 David M. Carey, Assistant Secretary 2 State ofPENNSYLVANIA ss 65 a County of MONTGOMERY 8 lu; On this 15th day of April 2021 before me personally appeared David M. Carey, who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance (0 Company, The Ohio Casualty Company, and West American Insurance Company, and that he, as such, being authorized so to do, execute the foregoing instrument for the purposes a) ;" therein contained by signing on behalf of the corporations by himself as a duly authorized officer. 0 03 t3 IN WITNESS WHEREOF, I have hereunto subscribed my name and affixed my notarial seal at King of Prussia, Pennsylvania, on the day and year first above written. c O •— aaro0 vvgt { Commonwealth of Pennsylvania -Notary Seal �#,� .�, %F Teresa Pastella, Notary Public Montgomery County O �' My commission expires March 28, 2025 C N Commission number 1126044 By. r �� Teresa Pastella, Notary Public 1`1�' Member, Pennsylvania Association of Notaries ry N f2Y S}` O C This Power of Attorney is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company, Liberty Mutual Insurance E•� Company, and West American Insurance Company which resolutions are now in full force and effect reading as follows: N ARTICLE IV— OFFICERS: Section 12. Power of Attorney. _ c° Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President, and subject to such limitation as the Chairman or the President 15 c may prescribe, shall appoint such attomeys-in-fact, as may be necessary to act in behalf of the Corporation to make, execute, seal, acknowledge and deliver as surety any and all > N undertakings, bonds, recognizances and other surety obligations. Such attorneys -in -fact, subject to the limitations set forth in their respective powers of attorney, shall have full-08 O L power to bind the Corporation by their signature and execution of any such instruments and to attach thereto the seal of the Corporation. When so executed, such instruments shall Z be as binding as if signed by the President and attested to by the Secretary. Any power or authority granted to any representative or attorney -in -fact under the provisions of this L article may be revoked at any time by the Board, the Chairman, the President or by the officer or officers granting such power or authority. •M. ARTICLE XIII — Execution of Contracts: Section 5. Surety Bonds and Undertakings. Any officer of the Company authorized for that purpose in writing by the chairman or the president, and subject to such limitations as the chairman or the president may prescribe, shall appoint such attorneys -in -fact, as may be necessary to act in behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, — bonds, recognizances and other surety obligations. Such attorneys -in -fact subject to the limitations set forth in their respective powers of attorney, shall have full power to bind the Company by their signature and execution of any such instruments and to attach thereto the seal of the Company. When so executed such instruments shall be as binding as if signed by the president and attested by the secretary. Certificate of Designation — The President of the Company, acting pursuant to the Bylaws of the Company, authorizes David M. Carey, Assistant Secretary to appoint such attorneys -in - fact as may be necessary to act on behalf of the Company to make, execute, seal, acknowledge and deliver as surety any and all undertakings, bonds, recognizances and other surety obligations. Authorization — By unanimous consent of the Company's Board of Directors, the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company, wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds, shall be valid and binding upon the Company with the same force and effect as though manually affixed. I, Renee C. Llewellyn, the undersigned, Assistant Secretary, The Ohio Casualty Insurance Company, Liberty Mutual Insurance Company, and West American Insurance Company do hereby certify that the original power of attorney of which the foregoing is a full, true and correct copy of the Power of Attorney executed by said Companies, is in full force and effect and has not been revoked. IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed the seals of said Companies this 23rd day of April 2023 INSUR �(Y INSV 1NSU p �JQOOaPorr�TgyC+ yJPo°RPOrtyr�92 �c+Po0µao1?,q 4,,ZZ J3 FocO �Qr Fo m a = Foci _ 1912 0 191a W 1991 Y�'J193,SgCHUS� .aa 9i) ZOHq MPsa ,dL� '<S �NDIANO' ,da3 By: Renee C. Llewellyn, Assistant Secretary 7.- V, LMS-12873 LMIC OCIC WAIC Multi Co 02/21 .. POLICY NUMBER: CON-IIC-GL-0000028-02 COMMERCIAL GENERAL LIABILITY CG 20 10 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location(s) Of Covered Operations Any person or organization in which the Named Insured Any location(s) in which the Named Insured has has agreed in a written contract or written agreement agreed in a written contract or written agreement executed prior to a loss. executed prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf; in the performance of your ongoing operations for the additional insured(s) at the location(s) designated above. However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusions apply: This insurance does not apply to "bodily injury" or "property damage" occurring after: 1. All work, including materials, parts or equipment furnished in connection with such work, on the project (other than service, maintenance or repairs) to be performed by or on behalf of the additional insured(s) at the location of the covered operations has been completed; or 2. That portion of "your work" out of which the injury or damage arises has been put to its intended use by any person or organization other than another contractor or subcontractor engaged in performing operations for a principal as a part of the same project. CG 20 10 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 2 C. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. Page 2 of 2 © Insurance Services Office, Inc., 2018 CG 20 10 12 19 POLICY NUMBER: CON-IIC-GL-0000028-02 COMMERCIAL GENERAL LIABILITY CG 20 37 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Any person or organization in which the Named Any location(s) in which the Named Insured has Insured has agreed in a written contract or written agreed in a written contract or written agreement agreement executed prior to a loss. executed prior to a loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. A. Section II — Who Is An Insured is amended to include as an additional insured the person(s) or organization(s) shown in the Schedule, but only with respect to liability for "bodily injury" or "property damage" caused, in whole or in part, by "your work" at the location designated and described in the Schedule of this endorsement performed for that additional insured and included in the "products -completed operations hazard". However: 1. The insurance afforded to such additional insured only applies to the extent permitted by law; and 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits Of Insurance: If coverage provided to the additional insured is required by a contract or agreement, the most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the contract or agreement; or 2. Available under the applicable limits of insurance shown in the Declarations; whichever is less. This endorsement shall not increase the applicable limits of insurance shown in the Declarations. CG 20 37 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 12 19 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CON-IIC-GL-0000028-02 COMMERCIAL GENERAL LIABILITY CG24041219 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART ELECTRONIC DATA LIABILITY COVERAGE PART LIQUOR LIABILITY COVERAGE PART POLLUTION LIABILITY COVERAGE PART DESIGNATED SITES POLLUTION LIABILITY LIMITED COVERAGE PART DESIGNATED SITES PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART UNDERGROUND STORAGE TANK POLICY DESIGNATED TANKS SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization in which the Named Insured has agreed in a written contract or written agreement executed prior to a loss to furnish this waiver. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV — Conditions: We waive any right of recovery against the person(s) or organization(s) shown in the Schedule above because of payments we make under this Coverage Part. Such waiver by us applies only to the extent that the insured has waived its right of recovery against such person(s) or organization(s) prior to loss. This endorsement applies only to the person(s) or organization(s) shown in the Schedule above. CG 24 04 12 19 © Insurance Services Office, Inc., 2018 Page 1 of 1 POLICY NUMBER: CON-IIC-CA-0000081-02 COMMERCIAL AUTO CA20481013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): Any person or organization who has the Named Insured's permission to use covered, owned, hired or borrowed autos per written contract or written agreement prior to loss. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: CON- IIC-CA-0000081-02 COMMERCIAL AUTO CA04441013 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): Any person or organization in which the Named Insured has agreed in a written contract or written agreement executed prior to a loss to furnish this waiver. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the "loss" under a contract with that person or organization. CA 04 44 10 13 © Insurance Services Office, Inc., 2011 Page 1 of 1 COMMERCIAL AUTO CA044911 16 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. A. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other Insurance — Primary And Excess Insurance Provisions in the Motor Carrier Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage is primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". B. The following is added to the Other Insurance Condition in the Auto Dealers Coverage Form and supersedes any provision to the contrary: This Coverage Form's Covered Autos Liability Coverage and General Liability Coverages are primary to and will not seek contribution from any other insurance available to an "insured" under your policy provided that: 1. Such "insured" is a Named Insured under such other insurance; and 2. You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to such "insured". CA 04 49 11 16 © Insurance Services Office, Inc., 2016 Page 1 of 1 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement LWAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMEN We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us. This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule Any Person or Organization on whose behalf you are required to obtain this waiver of our right to recover from under a written contract or agreement. The premium charge for the endorsement is reflected in the Schedule of Operations. All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 00 03 13 (04-1984) Endorsement Effective Date: Endorsement Expiration Date: Endorsement No: 3; Page: 1 of 1 Underwriting Company: American Casualty Company of Reading, Pennsylvania, 151 N Franklin St, Chicago, IL 60606 Policy No: WC 7039533388 Policy Effective Date: 05/10/2023 Policy Page: Copyright 1983 National Council on Compensation Insurance. SKWD CX 20 58 05 22 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL EXCESS LIABILITY COVERAGE PART The following is added to the Other Insurance Condition and supersedes any provision to the contrary: Primary And Noncontributory Insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and (2) You have agreed in writing in a contract or agreement that this insurance would be primary and would not seek contribution from any other insurance available to the additional insured. SKWD CX 20 58 05 22 Includes copyrighted material of Insurance Services Office, Inc., with Page 1 of 1 its permission CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, WRMC Auditorium Roof Replacement located at 3401 W. Lancaster. Fort Worth. Texas (PMD2021-10) Proiect Number 100238. 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: Trumble Construction Inc dba RBT Roofing By: Robert Trubmle Company (Please rint) 1944 Clear Springs Road Signature: Address Texarkana, TX 75501 City/State/Zip Title: President (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § BEFORE ME, the undersigned authority, on this day personally appeared Robert Trumble , 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 President for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26 day of April ,�Khg- 2024 0 gin..— Shawn Michael Purifoy My Commission Expires * 12/28/2026 Notary ID 133606768 r Instruction to Offerors WRMC Auditorium Roof Replacement (October 2023) �,-4 Ayl Notary Publi a r the State of Texas Page 33 of 34 4'-0» r CENTERLINE OF SIGN, LOGO & k� TEXT INFORMATION FO RT WTORTHS 4 III= Project Title Architect: Architect's Name Contractor: Contractor's Name FUNDED BY (List Bond Fund, etc.) SCHEDULED COMPLETION DATE YEAR SIGN COLOR & FONT: BACKGROUND - WHITE BORDER - 5f16"WIDE, 3"RADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN Instruction to Offerors Page 34 of 34 WRMC Auditorium Roof Replacement (October 2023) From: Murohv. Donnette I To: McDonald. Vicki Subject: RE: WRMC AUDITORIUM ROOF REPLACEMENT - COI Date: Monday, April 29, 2024 1:57:36 PM Attachments: COI - Trumble Construction Inc.odf imaae002.ona imaae003.Dna imaae004.ona imaae005.Dna imaae006.ona 2024-4-26 WRMC Aud Roof - Trumble Contract - sion.odf Hello, this is approved. Donnette Murphy Property & Casualty Manager HR/Risk Management 200 Texas Street Fort Worth, Texas 76102 Office: (817) 392-7784 Cell: (682) 760-6749 Email: donnette.murphyn.fortworthtexas.gov City of Fort Worth — Working together to build a strong community FoRTWORTH. ova • Please note: Our department will be moving to New City Hall on June 28, 2024. Our new address will be 100 Fort Worth Trail, Fort Worth, Texas 76102. Please continue to send any mail to the current address listed above until the date noted or you have been notified otherwise. From: McDonald, Vicki <Vicki.McDona ld@fortworthtexas.gov> Sent: Monday, April 29, 2024 9:31 AM To: Murphy, Donnette J <Donnette.Murphy@fortworthtexas.gov> Subject: WRMC AUDITORIUM ROOF REPLACEMENT - COI Attached is the certificate of insurance and contract for Trumble Construction Inc dba RBT Construction. Contract is for $687,805.00. Please verify. Thanks. Administrative Assistant Property Management Department 817-392-2586 - Office City Hall - Tunnel 200 Texas Street Fort Worth Texas 76102 vicki.mcdonaldlcDfortworthtexas.aov FORT WO T . Working together to build a strong community. Please note: Our department will be moving to a new location in July 2024. Our new address will be 100 Fort Worth Trail, Fort Worth, Texas 76102. Please continue to send any mail to the current address listed above until notified otherwise. From: HOSUR To: McDonald. Vicki Cc: HOSUR Subject: FW: BOND VERIFICATION - #022237236 Date: Monday, April 29, 2024 4:21:07 PM Attachments: Bonds.odf CAUTION: This email originated from outside of the City of Fort Worth email system. Do not click any links or open attachments unless you recognize the sender and know the content is safe. Good Afternoon, This bond is in full force and effect. Thanks, The HOSUR Team HOSUR@LibertyMutual.com From: McDonald, Vicki <Vicki.McDonald @fortworthtexas.gov> Sent: Monday, April 29, 2024 10:21 AM To: HOSUR <HOSUR@LibertyMutual.com> Subject: {EXTERNAL} BOND VERIFICATION - #022237236 Please verify reference bond # for Trumble Construction , LLC dba RBT Construction. In the amount of $687,805.00 for WRMC Auditorium Roof Replacement, 3401 W Lancaster Ave, Fort Worth Texas. Thank you. Administrative Assistant Property Management Department 817-392-2586 - Office City Hall - Tunnel 200 Texas Street Fort Worth Texas 76102 vicki. mcdonaldefortworthtexas.aov FORT WORTI Working together to build a strong community. Please note: Our department will be moving to a new location in July 2024. Our new address will be 100 Fort Worth Trail, Fort Worth, Texas 76102. Please continue to send any mail to the current address listed above until notified otherwise.