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Home My WebLink AboutContract 61667KONE Internal � CSC No. 61667 CITY OF FORT WORTH COOPERATIVE PURCHASE This Cooperative Purchase ("Coop Purchase") reflects the agreement between the City of Fort Worth, ("City"), a Texas home rule municipal corporation and KONE Inc., a Delaware Corporation ("Vendor") to purchase Escalator Modernization under a cooperative agreement. The Coop Purchase includes the following documents (collectively, Cooperative Documents") which shall be construed in the order of precedence in which they are listed: 1.Schedule A-Fort Worth Terms and Conditions ("Fort Worth Agreement"); 2.Schedule B-Omnia EV2516 ("Cooperative Contract"); and 3.Schedule C-KONE Proposal Exhibit 4 Dated: 1-8/2024 ("Quote"). 4.Schedule D-KONE Contract Rider #1 All the Schedules which are attached hereto and incorporated herein are made a part of this Coop Purchase for all purposes. In the event of a conflict between the Schedules the Fort Worth Agreement shall control, but only to the extent allowable under the Cooperative Contract. The maximum amount to be paid to the Vendor for all services performed and goods purchased hereunder shall not exceed Two Million, One Hundred Thirteen Thousand, Two Hundred Four Dollars and 00/100 ($2,113,204.00). The Coop Purchase shall become effective upon the signing of the Coop Purchase by an Assistant City Manager of the City (the "Effective Date") and shall expire two years after the Effective Date (Expiration Date"), unless terminated earlier in accordance with the provisions of the Agreement or otherwise extended by the parties. The Coop Purchase may be renewed for a term of two years at the City's option, ("Renewal Term."). City shall provide Vendor with written notice of its intent to renew at least thirty (30) days prior to the end of the initial term. The undersigned represents and warrants that he or she has the power and authority to execute this Coop Purchase and the Cooperative Documents and bind the Vendor. (signature page follows) Cooperative Purchase Page 1 of51 Executed effective as of the date signed by the Assistant City Manager below. FORT WORTH: City of Fort Worth By: Da�=��T) Name: Dana Burghdoff, AICP Title: Assistant City Manager Date: Jul 9, 2024 Approval Recommended: By: Name: Marilyn Marvin Title: Interim Director, PMD Attest: By: Name: Jannette Goodall Title: City Secretary CONTRACTOR: Kone, Inc By �1D81� Name: Jeff� Yum Title: Executive Vice President Date: June 25, 2024 Cooperative Purchase and Terms and Conditions WRMC Escalator Replacement (March 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: Name: Nikita N. Watts Title: Sr. Capital Projects Officer Approved as to Form and Legality: By: ;r S-ae"?' Name: John B. Strong Title: Assistant City Attorney Contract Authorization: M&C: 24-0128 Page 2 of 51 KONE Internal KONE Internal THE CITY OF FORT WORTH, TEXAS WRMC AMON CARTER EXHIBIT HALL ESCALATOR REPLACEMENT PMD2023-04 PROJECT NO. 104044 ��RT` �'i��TH�, MATTIE PARKER DAVID COOKE MAYOR CITY MANAGER Marilyn Marvin Interim Director, Property Management Department Michael Crumb Director, Public Events Department H H Angus & Associates Kone Inc. March 2024 Cooperative Purchase and Terms and Conditions Page 3 of 51 WRMC Escalator Replacement (March 2024) KONE Internal TABLE OF CONTENTS • PROJECT COVER PAGE • TABLE OF CONTENTS • INSTRUCTIONS • PROPOSALFORM • CONFLICT OF INTEREST AFFIDAVIT • CONFLICT OF INTEREST QUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT (CIS) • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • CONSTRUCTION CONTRACT • PAYMENT BOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • PROJECT SIGN Cooperative Purchase and Terms and Conditions Page 4 of 51 WRMC Escalator Replacement (March 2024) KONE Internal INSTRUCTIONS PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the Contractor 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. 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. 2. SITE INVESTIGATION: The Contractor 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. 3. PROPOSED SUBCONTRACTORS: The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 5. WORKERS COMPENSATION INSURANCE: The Contractor is 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. 6. 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. 7. 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. Cooperative Purchase and Terms and Conditions Page 5 of 51 WRMC Escalator Replacement (March 2024) KONE Internal 8. 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. 9. 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. 10. Any oral communications are considered unofficial and non-binding with regard to this Contract. Cooperative Purchase and Terms and Conditions Page 6 of 51 WRMC Escalator Replacement (March 2024) KONE Internal ' '� �-� . ��- ■. ■ �� r �,., . . . .. . r � �- � �- . �- � -„ .. ... ■ � ��■ . .. �. �.. � ■ � � ... .. � � ■ ., . � ��_ .�� ■ � _ ■_ . ' - . . . �. � . .. . � Q Q��., n.....,..��i n�.�� n. � r W oa�� , � opo�a� , �p�,.,.�ner s,�en�ingensTAllewanse Be14a�� Cooperative Purchase and Terms and Conditions Page 7 of 51 WRMC Escalator Replacement (March 2024) KONE Internal ._ ■ � ni TGo�inT�e oi+o�n�+�"o ni„ � i� � ,�e c n � n�� n f,,. +hi„ f• ii-�,r� iQ � �32�S�1'�'vc�G�C. &S S�@61�12��'r^rv@6 � �G -I�^v�rcrrr�SHrn-c��ro�� v.,+�l,.,e.J r. �,Ie+�r.., rJ�+e �I+or.,�+i��o AI., 7 � , ��-c�ii�i�cr' LYV�--I�v ��o �� I+crr�n�i�ie AI.�. il �� +ho f• ��c /Q \ �}ii=ra v�m�.�iiri-r-^v� v�� fr.�,w, +ha .J�+e .�,f +he hirJ .�, �.,f.�,rw,�l�+�� ., +he h�rJ.J�.,.-� �� , , I INIIT DGIf`CC AI/A �� Cooperative Purchase and Terms and Conditions Page 8 of 51 WRMC Escalator Replacement (March 2024) KONE Internal .. .- . . hirJ.Je.� w, ��+ ..he..L +he h.�,.. i., Ce..+i.�,., Q �I�FC�cSS��2--Yc�r� +n hc �e�ce� �e��- +h�c�2K�}rvrc a@C��S��2 i�V1� � .,.Ja.h�.J . ��.Je.,+ h�.JrJe.� �� ■_ ■ ■� � � � ! � � . TM�, Q.��C..e��. Cr..�C4.. !_`.,.,1 F..r 4MC�. .�. e..4 M.,� Mee.. .. .e.J De��-.e..+f� �II�� hw,i++e.J r„",r�.,,, ni��„e Q„• r,. �+� � . , . ��@SS: c+,-ee+ �� *� .. ��: ��' � : ., .- . .. Cooperative Purchase and Terms and Conditions Page 9 of 51 WRMC Escalator Replacement (March 2024) KONE Internal . fimo r�f nr�ri}rnl nr�oro#ir�n o#n \ r � � � . � ■- � � � ■- � � . � � . � ■- 0�"' �_ _ _ � __ _ '�..0�� ' _�' ' "��' � '_ ' ' ' ' � � � � - ��. � . _ _ ' iii'+�� _� � � _ _ .-1"_ _ _ � �'.�-•' _ _ �1:C�1LT_7 �� G1f:L!_T.LT.�7 ��i'T,. � �i �i �i� �. ��. Cooperative Purchase and Terms and Conditions Page 10 of 51 WRMC Escalator Replacement (March 2024) KONE Intemal CONFLICT OF INTERESTAFFIDAVIT Each Contractor (hereinaft�r also referred ta as "you") to a City of Fort Worth (also referred to as "City"} procurement are required to complete Confiict of Interest Questionnaire {the af#ached CIQ Form) an8 Local Government Offcer Conflicts Disclosure Statement (the attached CIS FoRn) below pursuant to state law. This affiidavii will certify that the Contractor has on frfe with the City Secretary the required documentation and is efigible ta bid on Ci#y Work. The referenced forms may be downloaded fram the website links pro�ided below. htto:lhv�vw,eihics.stAle.t�c.uslforms/C IO. n d f http://wt��v.eth icsstate.tx.us/formslClS.ad f Q CIQ Form is on file with City Secretary � C[Q Form is being pravided to the City Secretary � C15 Form is on �'ile with City Secretary Q CIS Form is being provided to the City Secretary coNT�►croR: ,� � By: � Company (Please Print) ��aJYI'ri1C'3�� 3T . �, � C7�5ignature� Address ��,.�, i x �-�a iq T;t��: City/State/Zip (Please Print) Coaperative Purchase and 7erms and Conditions � Page d! af 51 WRMC Escalator Replacement (March 2024) KONE Internal 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. OFFICEUSEONLY 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. � Name of vendor who has a business relationship with local governmental entity. KONE Inc. 2 � Checkthisboxifyouarefilinganupdatetoapreviouslyfiledquestionnaire.(Thelawrequiresthatyoufileanupdated 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.) 3 Name of local government officer about whom the information is being disclosed. Keith Chisholm Name of Officer 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. CompletesubpartsAandBforeachemploymentorbusinessrelationshipdescribed. AttachadditionalpagestothisForm 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 � 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? � Yes a No 5 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. NONE s ❑ Check this box ifthe 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). 7 ooperative Purchase and Terms and Conditions ��^ D�w Page 12 of 51 RMC Escalator �� siness with the governmental entity Date Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 KONE Internal CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code may be 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 & 176.00111-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 § 176.0031A11211A1 AND (Bl: (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) hasgiventothelocalgovernmentofficerorafamilymemberoftheofficeroneormoregifts 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(A1 AND (A-11 (a) Avendor 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 giftswith 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-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after thc 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 requestfor 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. Cooperative Purchase and Terms and Conditions Page 13 of 51 WRMC Escalator Replacement (March 2024) KONE Internal 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 inaccordancewithChapter176, LocalGovernmentCode. Name of Local Government Officer Office Held FORMCIS OFFICE USEONLY Date Received Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. 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 Date Gift Accepte Date Gift Accepte AFFIDAVIT 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. Signature of Local Government Officer AFFIX NOTARY STAMP / SEAL ABOVE Sworn to and subscribed before me, by the said , this the day 20 , to certify which, witness my hand and seal of office. �r�yyc Piirrh�ec �nrl Tcrme �nrJ Cnnrli4inne �n�c id nf 5i C�IatolP�ef7ifftieHT�tti�l}al�t�r�.'��th Printed name of officer administering oath Title of officer administering oath Description of Gift Description of Gift escription of Gift (attach additional forms as necessary) Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 KONE Internal LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT 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 ofthe local governmental entity not laterthan 5 p.m. on the seventh business day afterthe date on which the officer becomes aware ofthe factsthat requirethefiling ofthis 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 otherside. 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 officer or 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 orfamily member ofthe officerfrom the vendor named in item 3 that in the aggregate exceed $100 in value. 6. Affidavit. Signature of local governmentofficer. 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, Chapter 573, Government Code. PART 3- LOCAL GOVERNMENT CODE § 176.0031A11211A1: (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 contractwith the vendor. Cooperative Purchase and Terms and Conditions Page 15 of 51 WRMC Escalator Replacement (March 2024) KONE Internal �;'�� 01-339 (BackJ ' xK ` (Rer4-1378J f, tf�e purchaser named above, claim an exemption from payment of sales a�d use taxes (for #he purchase of taxable iiems described below or on tF�e attached orderor invoice) frnm: Seller: Afl Vendors Street address: City, State, ZIP code: Description of items to be purchased or on the attached order or invoice: All items. Purchaser acknowledges that this Certificate cannot be used for #he purchase, lease or renta! of a rrsotor vehicle. Purchaser claims this exemptEon for the foflowing reason: Go�ernmental I understand that I will he liable for paymeni of all state and local sales or use taxes which may become due #or failure to comply with Ihe provisions of the Tax Code andlor all applicable law. 1 understand thaf it isa crimrna! offense fo give an exempSon ce�tificafe to fhe sellerfortaxable items thatl know, atthe 8me ofpurchase, virillbeusedinamanneroiherthanfhafexpressedinthiscsrtificate, anddependingontheamountoftaxevaded, theoffensemayrange from a Class C misdemeanor fo a felony of the sscond degree. Purchaser TStle Date he e f ��i Finance DFrectorlCFO �pplV�j �� i� NOTE: This certificate cannot be issued for the p�rchase, lease, or reMal of a motor vehicle. THlS CERTIFICATE DOFB NOT REQLIIRE A NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or "Tax Exempl" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. General Conditions of the Contract for Construction Lump Sum Contract Page 16 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) Texas Sales and Use Tax Exemption Ceriification This certificate does not require a number to be valid. KONE Internal CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: 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 11 th 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 Kone. Inc. of the City of Moline County of Rock Island, State of Illinois, 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 Amon Carter Exhibit Hall Escalator Replacement 3400 Burnett-Tandy Drive Fort Worth, Texas PMD2023-04 Project Number - 104044 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. The agreed upon total contract amount shall be $2,113,204.00 including the Base Proposal ($1,9983,204), Owner's Contingency Allowance ($0.00), and Alternate Nos. One (ADD / DEDUCT $130,000.00). 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. 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: General Conditions of the Contract for Construction Lump Sum Contract Page 17 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General 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 General Conditions of the Contract for Construction Lump Sum Contract Page 18 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 200 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. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency. 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 General Conditions of the Contract for Construction Lump Sum Contract Page 19 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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. 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 (I-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-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 Enerqv 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. This Agreement is made effective as of the date signed by the Assistant City Manager below. General Conditions of the Contract for Construction Lump Sum Contract Page 20 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal Bond # THE STATE OF TEXAS COUNTY OF TARRANT PAYMENT BOND . KNOW ALL BY THESE PRESENTS: That we, , known as "Principal" herein, and 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 �rmly 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, Two Million, One Hundred Thirteen, Two Hundred Four pollars and No Cents ($2,113,204.00), 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 day of , 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 Amon Carter Exhibit Hall Escalator Replacement, located at 3400 Burnett-Tandv Drive, Fort Worth, Texas (PMD2023-04, Proiect Number 1040441. 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. General Conditions of the Contract for Construction Lump Sum Contract Page 21 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2024. ATTEST: (Principal) Secretary Witness as to Principal ATTEST: PRINCIPAL: BY: Signature Name and Title Address: SURETY: : Signature (Surety) Secretary Witness as to Surety Name and Title Address: Telephone Number: *Note: If signed by an officer of the Surety, there must be on �ile 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. General Conditions of the Contract for Construction Lump Sum Contract Page 22 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal Bond # PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: That we, , known as "Principal" herein and 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, Two Million, One Hundred Thirteen, Two Hundred Four pollars and No Cents ($2,113,204.00), 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 _ day of , 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 Amon Carter Exhibit Hall Escalator Replacement, located at 3400 Burnett- Tandv Drive, Fort Worth, Texas (Proiect PMD2023-04 Proiect Number 104044). 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. General Conditions of the Contract for Construction Lump Sum Contract Page 23 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the _ day of , 2024. ATTEST: (Principal) Secretary Witness as to Principal Witness as to Surety PRINCIPAL: BY: Signature Name and Title Address: SURETY: BY: Signature Name and Title Address: Telephone Number: *Note: If signed by an officer of the Surety Company, there must be on fle a certi�ied 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. General Conditions of the Contract for Construction Lump Sum Contract Page 24 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal CERTIFICATE OF INSURANCE [Assembler: For Contract Document execution, remove this page and replace with standard ACORD Certificate oflnsurance form.J General Conditions of the Contract for Construction Lump Sum Contract Page 25 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Intemal 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 compensaiton insurance coverage for ail of its empla}�ees emplayed on City Project, WRMC Amon Carter Exhibit Hall Escalator Replacement. located at 34dD Burnett-Tandy Drive. Fart Worth Texas Pro'ect PMD2023-0� Pro'ect Number 1D4b44 . Contractor further certifes that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subconkractar's certificates of compliance with worker's compensation coverage. CONTRACTOR: � BY� ��a�.� 1 ` �-1� Company (Please Print} L�W Signatur . Address Title: � City/State/Zip (Please Print) THE STATE OF TEXAS COUNTY OF TARRANT § § KNOW ALL BY THESE PRESENTS: § BEFORE ME, the undersigned authority, on this day personally appeared ��n�� , known to me to be the person whose name is subscribed to the faregoing instrument, and acknowledged to me that he/she executed the same as the act anci deed of 3�[ �� D�� Y r•��1 for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN ClNDER MY HAND AND SEAL OF OFFICE thi�J "day of �� , 2024. `"�""' AI.£SHlA J. KUHLMANN •�` �? '�i, i°4��`n�Notery Publlc, Stete of Texas �";•. }�; Comm. Explres 05-15-2628 ''�0;,�`' Notery ID 133782383 General Conddlons of the Contract ror Ganstructian Lump 5um Contract CFW PMD — WRMC Escalalar Replacemeni (March 202b) Notary Public i d ie 3tate of Texas i Page 26 of 51 KONE Internal 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 Cooperative Agreement, 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. A-5 FAMILIARITY WITH PROPOSED WORK: 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. 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 pertormed 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. 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. General Conditions of the Contract for Construction Lump Sum Contract Page 27 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal A-11 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 pertorming 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 pertormance of this agreement. A-12 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 pertorm 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 pertormance thereunder by the Contractor, subject to the final decision of the Owner. The ArchitecYs decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-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 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 Drawinqs. Submittals and Samples: The Architect will review Shop Drawings, Submittals and Samples. Chanae 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. General Conditions of the Contract for Construction Lump Sum Contract Page 28 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 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 General Conditions of the Contract for Construction Lump Sum Contract Page 29 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 pertorm 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 pertormance 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 pav Prevailina Waae 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. 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 Reauired 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. General Conditions of the Contract for Construction Lump Sum Contract Page 30 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 pertormance 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 pertorms 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 Orderwhich will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the 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 ArchitecYs 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 ArchitecYs 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. General Conditions of the Contract for Construction Lump Sum Contract Page 31 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal Progress Schedule shall be GANT style and include: Base Line: Planned Start/Finish Progress Schedule: Actual Start/Finish Variance: Ahead+/Behind- % of Completion Total Float and Weather Days Critical, Milestones and Commissioning Inspections 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 ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The ArchitecYs approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The ArchitecYs 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. ArchitecYs 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. General Conditions of the Contract for Construction Lump Sum Contract Page 32 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 Contractor 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. 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: Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be pertormed under the subcontract so that the subcontracting thereof will not prejudice such rights; Require that such Work be performed in accordance with the requirements of the Contract Documents; 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; 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; 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, 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 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. 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. General Conditions of the Contract for Construction Lump Sum Contract Page 33 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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. 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. damaqe or death is caused. in whole or in part. bv the nealiaence or alleqed 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 th is Contract, whether or not anv such iniury or damaqe is caused in whole or in part bv the neqliqence or alleqed nepliqence of Owner. their o�cers. 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. General Conditions of the Contract for Construction Lump Sum Contract Page 34 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal The Director may, if deemed appropriate, refuse to whom a claim for damages is outstanding as a result of work pertormed 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. 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 Pertormance 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 ArchitecYs additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. 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 ArchitecYs additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by 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. General Conditions of the Contract for Construction Lump Sum Contract Page 35 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 pertorm the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall pertorm 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 pertorm the Work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least ten days in advance of the time that 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 pertormed. 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. The contractor shall video document all under-slab work and provide such documentation to the City prior to slab placement. 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 on 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: 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; 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 General Conditions of the Contract for Construction Lump Sum Contract Page 36 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal brought to the ArchitecYs attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the ArchitecYs approval. 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. 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. Surtaces 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 surtaces 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. General Conditions of the Contract for Construction Lump Sum Contract Page 37 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal G-26 PROJECT CLOSEOUT: 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 Drawinqs: Attention is called to General Conditions Section entitled, "Substantial Completion and Final PaymenY'. Maintenance Manual: Sheets shall be 8'/z' x 11", except pull out sheets may be neatly folded to 8 Yz "x 11". Manuals shall be bound in plastic covered, 3 ring, loose leaf binder with title of project lettered on front and shall contain: 1) Name, address and trade of all sub-contractors. 2) Complete maintenance instructions; name, address, and telephone number of installing Contractor, manufacturer's local representative, for each piece of operative equipment. 3) Catalog data on plumbing fixtures, valves, water heaters, heating and cooling equipment, temperature control, fan, electrical panels, service entrance equipment and light fixtures. 4) Manufacturer's name, type, color designation for resilient floors, windows, doors, concrete block, paint, roofing, and other materials. 5) Provide complete copies of ALL APPROVED product and material submittals. Submit two digital electronic copies and one hard copy of Maintenance Manuals, prior to request for final payment including any video documentation of work recorded over the duration of the project. 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 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 General Conditions of the Contract for Construction Lump Sum Contract Page 38 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 pertormance 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 fol lows: 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 may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the 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 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 General Conditions of the Contract for Construction Lump Sum Contract Page 39 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 pertormance bond from all his obligations here under which shall remain in full force until the discharge of the contract. SECTION I PAYMENTS AND COMPLETION I-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. I-2 SCHEDULE OF VALUES: Before the first Application for Payment, the Contractor shall submit to the Architect and owner a Schedule of Values of the various portions of the Work broken out by labor and materials, 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. I-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 pertormed 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 pertorming 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 PaymenY', and attached thereto AIA Document G703, "Continuation SheeY', to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. I-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 ArchitecYs 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 ArchitecYs approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the 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. I-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 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; General Conditions of the Contract for Construction Lump Sum Contract Page 40 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 pertorm the Work in accordance with the specifications or instructions of the Architect. I-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 $1,000,001 to $2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 Over $10,000,000 $980 I-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. I-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 LisY' 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 and obtain 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 IisY'. 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: 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 General Conditions of the Contract for Construction Lump Sum Contract Page 41 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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/turt, 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. I-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. 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. General Conditions of the Contract for Construction Lump Sum Contract Page 42 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in pertorming 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 Cooperative Agreement requires, the Contractor shall include a per-unit cost for trench safety measures in their bid. If not included in the Cooperative Agreement, 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 pertormed 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 pertorm 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 pertorming all or part of the services the Contractor has undertaken to pertorm 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: 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 General Conditions of the Contract for Construction Lump Sum Contract Page 43 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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. � 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 pertorm 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 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 pertormed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs. General Conditions of the Contract for Construction Lump Sum Contract Page 44 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal K-4 BUILDER'S RISK INSURANCE: 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. Different sub-limits for these coverages must be approved by the City. Consequential damage due to faulty workmanship and/or design pertormed 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. BesYs 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. 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 pertorming 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; General Conditions of the Contract for Construction Lump Sum Contract Page 45 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 ArchitecYs 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 15% . 2. Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent 10% . L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents. Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. L-5 FIELD ORDERS: The Architect may issue written Field Orders which interpret the Contract Documents, or which order minor changes in the Work without change in 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 ArchitecYs additional service thereby made necessary. General Conditions of the Contract for Construction Lump Sum Contract Page 46 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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 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 ArchitecYs additional services exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be affected by delivering to the Contractor a notice of termination specifying to what extent pertormance 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 General Conditions of the Contract for Construction Lump Sum Contract Page 47 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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. 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. Liahtina. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day-lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per squqr4e foot and maintain a socket voltage of at least 110 volts. Use at least 100-watt lamps. In any event, the lighting intensity shall not be less than 5-foot candles in the vicinity of work and 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 General Conditions of the Contract for Construction Lump Sum Contract Page 48 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 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: 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. 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. 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. C. Safety Posters. D. 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 49 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) �� 2024 SUBJECT: Notice to Proceed Notice to Proceed Date: -------------, 2024 Project Duration: 000 Days Substantial Completion Date: --------------, 2024 City Council Contract Date: -------------, 2024 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 -----------------------, 2024. BY: TITLE: 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 KONE Internal General Conditions of the Contract for Construction Lump Sum Contract Page 50 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) KONE Internal 4,_�» � � ¢ =� . � �, � � _ _ �� CENTERLINE 0� 51GN, LOGO & TEXT [NFQR�ATIaN �RT � �RTH� a� � � � � � Project Title Architect: Architect's Name Contractvr: �ontractar's Name FUNDEQ BY {List Sond Fund, etc.) SCHEDULE� COMPLETION DATE YEAR ah SIGN C�L�R & FONT: 0 � �- BACKGRQUND - VIIHITE B�RDER - 5116"WIDE, 3"RADlUS C�RNERS, PMS 288 (BLUE} TEXT - HELVETICA or ARIAL, PM5 288 (BLUE) F�RT WORTH L�G� C�LflRS & F�NT: FORT II1I�RTH - PMS 288 (BLUE), CHE�TENHAM BQLD LONGH4RN LQG4 - PMS 725 (BRQWN} PR�JECT DESI�NATI�N SIGN General Conditions of the Contract for Construction Lump Sum Contract Page 51 of 51 CFW PMD — WRMC Escalator Replacement (March 2024) FACILITY REPAIR AND MAINTENANCE CONTRACT EV2516 ELEVATOR AND ESCALATOR MAINTENANCE AND REPAIR SERVICES GEIVERAI. SERVICES DEPARTMENT THI3 CONTR.ACT is between KANSAS CTTY, MISSOURI, a constitutionally chartered municipal corporation ("City"), and KONE, INC. ("Contractor"). City and Contractor agree as follows: PART I SPECIAL TERMS AND CONfDITIONS Sec. l. Work To Be Performed. The Specification/Scope of Work and any addenda are attached hereto and incorporated into this Contract. Sec. 2. Term of Contract and Additional Periods A. Initial Term. The initial term of tlus Contract shall begin on llecember 1, 20�8 and shall end on November 30, 2024 far a six {6) year term. The Mana.ger of Procurement Services is authorized to enter into an amendment of tlus Contract with CONTRACTOR to extend the term of this Contract and time of performance for this Contract. B. Renewal Terms. At any time prior to the expiration of ihe initial term or any subsequent teim, the CTTY, in its sole discretion, may renew this Contract for up to five (5) ad.d7it�onal one (1) year terms. C. Transition Term. Notwithstanding the expiration of th� initial term or any subsequent ter�m or a11 options to zenew, CONTRACTOR and CITY shall continue performance under this Contract until the CITY has a new contract in place with either CONTR.ACTOR ar another provider or until the CITY terminates the Cantract. D. The products and services which are subject to this Contract may be covered by a separate maintenance agreement {see Exhibit 4}. The term of the maintenance agreement shall be governed by that document and may extend beyond the expiration date of this Contract. Sec. 3. P�rchase Orders A. City shall order all services to be provided by Contractor under this Contract by rneans of a Purchase Order issued by the City's Mana.ger of Procurement Services for which funds have been certified and encumbered by the City's Director of Finance. Facility Repair & Maintenance Contract Part I 1Q2014 Contract Central Page 1 of 10 B. Contrac�or shall not provide any services in excess of the dollar amount conta.ined in any Purchase Order and Contxactor shall not be entitled to any payment iri excess of the dollar arnount of the Purchase Orders from City. Sec. 4. Compensation. A. The maximum amount that City shall pay Contractor under this Contract is set forth in the Contract -- Contractor's proposal shall provide all work at the prices contained in Con�actar's Proposal that is incorparated herein by reference. B. Co�tractor will bill the City, in a form accepta.ble to the City, on the following basis: C. It sha11 be a condition precedent to payment af any invoice from Contractor that Contractor is in compliance with, and not in breach or default of, all terms, covenants and conditions of this Contract. If damages are susta.ined by City as a result of breach or default by Contractor, City may withhold payment{s) to Contractor for the purpose of set off until such time as the exac� amaunt of darnages due City from Contractor may be determined. D. It shall be a condition precedent to payment af any invoice from Contractor that Con�ractor is in compliance with, and not in breach or defauit of, all terms, covenants and condirions of this Contract. Tf damages are sustained by City as a result of breach or default by Contractor, City may withhold payment(s} to Contractor for the purpose of set off until such time as the exact amount of dalnages due City from Contractor may be determined. E. No request far payment will be pmcessed unless the request is in proper form, correctly computed, and is approved as payable under the teYms of this Contract. Sec. 5. Notices. All nofices required by this agreement shall be in writing sent to the following: City: General 5ervices Department Procurement Services Division Cedric Rowan; Ma�ager of Pracurement Services City Hall, lst F1aor, Roam 102W 414 E. 12� Street Kansas City,'1iI0 6410b Phone: 8�}-513-0814 Facsimile: 816 -513-1066 E-mail address: cedric,rowan@lkcmo.or� Contractor: Kone. Inc. Contact: Ashley Brauer, Seniar Sales Consultant Address: 2700 BiState Drive, Suite 100 Kansas City, MO 64108 Phone: (816)-531-2140 Ext. 1d514) Facsimile: (816)-531- 5523 E-mail address: ashlev.brauer(cL„kone.com All notices are effecti�e a) when delivered in person, b) upon confirmation of receipt when transmitted by facsimile transmission or by electronic mail, c) upon receipt after dispatch by registered or certified mail, postage prepaid, d) on the next business day if transmitted by overnight Facility Repair & Maintenance Contract Part I 102014 Contract Central Page2of10 courier{with confirmation of delivery), or e}three business days after the date of mailing, whichever is earlier. Sec. 6. Merger. This Contract consists o€ Part I, Special Terms and Conditions and any Attachments and any documents incorparated by reference; and Part TT, Standard Terms and Condi�ions. This Contract, including any Attachments and incorporated documents, constitu�es the entire agreement between City and Contractor with respect to this subject matter. Sec. 7. Conflict Between Contract Parts. In the event of any conflict or ambiguity between the Special Contract Terms and Conditions of Part I and the Standard Terms and Conditions of Part II of thia Contract, Part I will be controlling. For any participating public agency, Exhibit �4 will be the contrallutg document and prevail over Part I and Part II of this Contract. Sec. 8. Minority and Women's Business Enterprises. Sae Exhibit 1: City of Kansas City Special Requirements Sec. 9. Workforce. If Contractor is required to pay prevailing wages for the work pexformed pursuant to this Contract, Contractor agrees to comply with all requirements of City's Construction Employment Pragrazn as ena�cted in City's Code, Sections 3-501 through 3-525 and as hereinafter amended. Contractor shall meet or exceed the construction employment goals unless the saxne shall have been waived in the manner provided by law. Contractor's compliance with this provision is a material part of this Contract. Contractor shall comply with City's Workforce Program Reporting System requirements. Contractor sha11 use City's Internet web based Workforce Program Reporting System provided by City and protocols included in that software during the term of this Contract. Contractor shall maintain user applications to City's provided system for a11 applicable personnel and shall require subcantractors to maintain applications. Sec.10. Bonds and Surety. See Exhibit 1: City of Kansas City Special Requirements Sec.11. Subcontracting. A. Contractor shall not employ or retain any Subcontractor, Supplier or other person or organization, whether initially or as a substitute, against whom City has a reasonable objection, including but not limited to debarment by City or another govenuriental entity or decertifica�ion of the Subcontractor from the City's Minor�ty and Women's Business Entezprise Program as a result of the Subcontractor's fai�ure to comply with any of the requirements of the provisions of Chapter 3 of the City's Code as determined by the Directar of the Human Relations Department. Contractor shall insert this provision in any subcontractor agreement associatad with this Coniract. Contractor sha11 not be required to employ any Subcontractor, Supplier or other person or organization to furnish or perform any af the Wark against whom Coni�actor has reasonable obj ection. B. Contractor shall submit required information for all Subcontractors on Form 01290.09 - Subcontractors and Major Material Suppliers List, provi�ded in these Contract Documen�s, prior to Subcontractor beginning Work at the Site. C. Contractor shall be fully responsible ta City for all acts and omissions of the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the Work under a direct or indirect contract with Contractor just as Contractor is responsible �or Contractor's own acts and amissions. Facility Repair 8t Maintenance Coniract Part I 102014 Contract Central Page 3 of 10 D. Contractor shall be solely responsible far scheduling and coordinating the Work of Subcontractars, Suppliers and other persons and organizatians per�orming ar furnishing any of the Work under a direct or indirect contract with Contractor. Sec. 12. Prevailing �i�'age. A. Prevailing Wage. 1. Co�tractor shall comply and require its Subcontractors to comply with; a. Sec�ions 290.210 to 290.340, RSMo the Sta.te of Missouri Prevailing Wage Law (the "Law"); and b. 8 CSR 30-3.010 to 8 CSR 30-3.060, the Prevailing Wage Law Rules (the "R�xles"); and c. the Annuai V4Tage Order {Wage Order} issued b}- the State of Missouri's De�artment of Labor and Industrial Relations; and d. any applicable Anz�ual IncrementaJ. Wage In.cz�ease (Wage Increase} to the Annual Wage Or�er. 2. The Law, Rules, Wage Order and any Wage Increase are incorporated into and macle part hereof this Contract and sha11 be collectively referred to in this Section as the "Prevailing Wage Requirements." In the event this Contraci is renewed for an additional term, the Wage Order in ei'fect as o£ the commencement date of the additional terrri, as amended by any applicable Wage Increase, sha11 be deemed incorporated herein and sha11 apply to and remain in effect for the duration of the additional terrn. The new Wage Order and any applicable Wage Increase sha11 goverr� notv��ithstanding the fact that the Wage Order being replaced might be physically attached to this Contract. 3. Contractor sha11 pay and require its Subcontractors to pay to all worke�rs pez�£ornung work under this Contract not less than the preva.iling haurly rate of wages for the class or type of work performed by the ��oxker in accardance with the La�v; Rules, Wage Order and any applicable Wage Increase. Contractar sha11 take u-hatever steps are necessary to insure that the prevailing hourly wage rates are paid and that all workers for Contractor and each of its Subcontractors are paid for the class or type of work perforined by the worker in accordance with the Prevailing W age Requirements. 4. Prior to each of its Subcontractors beginning Work on the Site, Contractor shail require each Subcontractor to complete City's Form 04490 entit�ed "Pre-cantract Certification" that sets forth the Subcontiactor's pre�•ai�ing wage and tax compliance history for the two (2) years prior to the bid. Contractor shall retain one { I) year arid make the Pr�-contract Certifica.rions available to City within five {5} days after written request. 5. Contractor sha11 keep and require each of its Subcontractors engaged in the construction of public ivorks in performance of the Contract to keep fiz11 and accurate records on City's: a. Keep and require each of its Subcontraciors engagad in the constxuction of public works in performance af the Contract to keep full and accurate records on Cit�•'s Fac�lity Repair �?vIaintenance Canuact Part I 102014 Contracc Cen�ral Page 4 of 10 "Daily Labor Force Report" Form indicating the worker's name, occupational title or classification group and skill and the workers' hours. City sha11 furnish blank copies of the Daily Labor Force Report Form to Contractor for its use and for distribution ta Subcontractors. Contractor shall submit its and its. Subcontractars Daily La.bor Force Reports to City each day; and b. Submit, and require each of its Subcontractors engaged in the construction of public works in performance of the Contract to submii, electronically, in a forn�at prescribed by the City, Certified Payroll Report Information indicating the worker's name, address, social security number, occupation(s), craft(s) of every worker employed in connaction with the public work together with the number of hours worked by ea,ch warker and the act� wages paid in connection with the Project and other pertinent information as requested by the City; and c. Submit, and require each af its Subcantractors engaged in the construction of public works in performance of the Contract to submit, electronically, in format prescribed by the City, a Payroll Certification. The Payroll Certification must be signed by the employee or agent who pays or supervises the payment of the workers employed under the Contract for the Contractor and each Subcontractor. d. The Dai1y Labor Force Report, docwnents used to com�ile infarmation for the Certified Payroll Report, and Payroll Certification are col�ectavely referred to in this Section as the "Recards." 6. Contractor shall xnake all of Contractor's and Subcontractors' Records open to inspection by any authorized representatives of City and th� Missouri Departtnent of Labor and Industrial Relations at any reasonable time and as often as they may be necessary and such Records shall not be destroyed or removed. from the State of Missouri for a period of one {1) year followi.ng the completion of the public work in connection with which the Records are rr�ade. Cont;ractor shall have its and its Subcontractors Certified Payroll Reports and Payroll Certifications available at the Contractor's office and shall pravide the Records to the City electronically at City's sole discretion. In addition, all Records shall be considered a public record and Contractor shall provide the Records to the City in the farmat required by the City within three (3) working days af any req�est by City at the Contractor's cost. City, in its sale discretion, may require Con�actor to send any of the Records directly to the person who requested the Record at Contractor's expense. 7. Conh'actor shall post and keep posted a clearly legible state�nent of all prevailing hourly wage rates ta be paid to a11 workers emp�ayed by Contractor and each of its Subcontractors in the performance of this Contract in a prominent and easily accessible p�ace at the Site of the VVork by a11 workers. 8. If the Contract Price exceeds $250,000.00, Contractor sha11 and shall require each Subcontractor engaged in any cons�ction of public works to have its name, acceptable abbreviation or recognizable loga and the name of the city and state of the mailing address of the principal office of the company, on each motor vehicle and motorized self-propelled piece of equipment which is used in connectian with the Project during the ti.me the Contractar or Subcontr�ctor is engaged on the project. The sign shall be legible from a distance of twenty {20'} feet, but the size of the lettering need not be larger than two {2"} inches. In cases where equipment is leased Facility Repair & Maintenance Contract Part I 102014 Contract Central Page 5 of 10 ar where aff�ing a legible sign to the equiprnent is impractical, the Contractor may place a temporary sta�ionary sign, with the information required pursuant to this section, at the main entrance of the Project in place o� a�fixing the required information on the equipment so long as such sign is not in violation of any state ar federal statute, rule or regulation. iVIotor vehicles which are required �o have similar information affixed thereto pursuant to requirements of a regulatory agency of the state or federal government are exempt irom the provisions of this subsection. 9. Contractor must correct any errors in Contractor's or any Subcontractors' Records, or Contractor's or any Subcontractors' �iolations of the Law, Rules, Annual Wage Ozder and any Wage Increase within fourteen (14) calendar days after natice from City. 1Q. Contractor shall and shall require its Subcontractors to cooperate with the City and the Department of Labor and Indus�.-ial Relations in the enforcement of this Section, the Law, Rules, Annual Wage Order and any Wage Increase. Con�actor shall and shall require its Subcontractars to permit City and the Department of Labor and Indus�ial Relations to inter«ew any and all workers during working hours on the Project at Contractor's sole cast and expense. 11. Contractor shall file with City, upon completion of the Project and prior to final payment therefore, affidavits from Contractor and each of its Subcontractors, stating that each has fully complied with the provisions and requ�rements of �he Missouri Prevaaling Wage Law. City shal� not make final payment until the affidavits, in proper form and order, from Contractor and each of its Subcon�actors, are fiied by Contractor. 12. Contractor shall forfeit as a sta.tutory penalty to the City one hundred dollars {� 100.00} for each worker em}�loyed, for each calendar day, or portion thereof, such worker is paid less than the prevailing hourly rates for any work done under this Contract, by Contractor or by any of Contxactor's Subcontxactors. If Contractor or any af its Subcontractors have vialated any section(s} of 290.210 to 290.340, RSMo, in tlie course of the execution of the Cantract, City shall when making payments to the Con�actor becoming due under this Contract, withhold and retain therefrom all sums and amounts due and owing as a result of any violation of sections 290.210 to 290.340, RSMo. B. Prevailing Wage Damages. Contrac�or acknov��ledges and agrees that, based on the experience of City, violations of the ��Viissouri Prevailing Wage Act, whether by Contractor ar its Subcontractors, commonly result in additional costs to City, Contractor agrees tha� addi#ional costs to City for any particular vialation a�re difficult to establish and include but are not limited to: costs of construction delays, additional work for City, additional interest expense�, investigations, and the cost of establishing and maintauung a special division working under the City Manager to monitor prevailing wage compliance. 1. In the event of the failure by Contractor or any o£ its Subcontractors to pay wages as pravided in the Missouri Prevailing Wage Act, City sha11 be entit�ed to deduct from the Contract Price, and shall retain as liquidated damages, one hundred dollars {$100.00} per day, per �vorker who is paid less than the prevailing hourly rate of wages, to approximate the additional costs. The sugn shall be deducted, paid or ot�red Facility Repair & VIaintenance Contract Part � 102014 Contract Central Page 6 of 10 whether or not the Contract Times have expired. 2. City shall give written notice to Contractor setting forth the workers who have been underpaid, the amaunt of the statutory penalty and the amount of the liquidated damages as provided for in this Subparagraph. Contractor shall have fourteen (14) calendar days to respond, which iime may be extended by City upon written request. If Contractor fails to respond within the spec�fied time, the City's original natice sha11 be deemed final. If Contractor responds to City's notice, City will furnish Contractor a final decision in writing within five {5) d�.ys of completing any investigation. C. Excessive Unemployment. 1. Resident Laborers" means laborers who have been residents of the State of Missouri for at Ieast thirty days and who intend to remain Missouri residents, and residents of Nonrestrictive States. 2. "Nonrestrictive States" means states identified by the Missouri Department of Labor and Industrial Relations Division of Labor Standards that have not enacted state laws restricting Missouri laborers from working on public works projects. A list of Nonrestrictive States can be found on the Division web site at http://www.dolir.mo. gov/ls/index.hhn. 3. A period of Excessive Unemployment is declared when the Missouri Department of Labor and Industrial Relations Division of La.bor Standazds provides notice of such declaration. When in effect, notice will be provided on the Division web site at http:llwww.dolir.mo.gov/ls/index.hi�n. It is Contractor's obligation to determine whether a period of Excessive Unemplayment is in effect when this Con�act is let. �4. Contractar agrees to follow the provisians of Section 290.560 - 290.575 RSMo and agrees that if a period of Excessive Unemployment has been declared at any point during the term of this Contract, it will employ and require all Subcontractors of whatever tier to employ only Resident Laborers for the Work to be performed under this Contract. Provided, however, Contractor may use laborers who are not Resident Laborers when Resident Laborers are not available or are incapable of performing the particular type of work involved if Contractor so certifies in writing to City and City issues a written approval. This provision does not apply to regularly employed nonresident executive, supervisory or technical employees. Sec. 13. Attachments to Part I. The following documents are Attachments to Part I of this Contract and aze attached hereto and incorporated herein by tlus reference: Attachment A — RFP EV2516 Attachment B— Proposer Response dated June 8, 2018 Attachment C- Clarification Questions and Answers Attachment D- Scope of Services revised per Clarification Questions Attachment E- Facility Repair and Maintenance Contract Part II i. Exhibit 1: City of Kansas City Special Requirements ii,. Exhibit 2: City of Kansas City Pricing 5chedule iii. Exhibit 3: National Pricing Schedule iv. Exhibit 4: Partic;ipating Public Agency Service Level Agreement Attachment F— OOb20 Insurance Certificate Facility Repair 8c Maintenance Contract Part I 10201� Contract Central Page7af10 THE BELOW FORMS ARE SPECIFIC TO THE CITY OF KANSAS CITY, MO Attachment G— HRD Forms & Ynstructions 00440 HRD 5: Const�uc�ion Contract HRD Instructions 00450 HRD 8: Contractor Utilization P1ar�IRequesfi for Waiver 00450.01 Letter of Intent to Subcantract 00460 HRD 10: Timeta.ble for MBE,`WBE Utilization 00470 HRD 11: Request for Modification or Substatution 00485 HRD Monthly Reporting Forms Attachment H - Bonds 00610 Performance and Maintenance Bond 00615 Payment Bond Attachment I— 00830 W�ge Rate Requirements Annual Wage Order #25 County — Cass, Clay, Jackson, Platte or Ray Work Type: State — Heavy �tate — Building Division of Labor Standards Rules & Regulations 01290.08 Wage Rate Verification Questionnaire 01290.09 Subcontractors and �ajor Material Suppliers List 01290.1 � Daaly Labor Fozce Report 01290.14 Contra.c�or Affidavit for Fina1 Payment 01290.15 Subcontractor Affidavit for Fina1 Payment Attachment J— 0056Q Missouri Projecf Exemp'on Certificate OOSb0.01 Kansas City Missouri Tax Exempt Certificate Att�chment K— 00630 Re�enue Cle�rance Release Authorization Attachment L— 40515.01 Employee EligibiliL� Veritication Aif davit Sec. 14. Missouri Sa1es Tax Exemption. Pursuant to Section 144.062, RSMo, City is a :Vlissouri exempt entity and tangible personal praperty to be incorporated or consumed in the construction of this Project may be purcha�ed w�ithout sales tax. City shall furnish Contractor a �issouri Project Exemption Certificate for Sales Tax at the t�me of issuance of the Notice to Proceed. Sec.15. Emergencies. {a) Disaster means any large scale event such as an act of ferrorism, fire, wind, flood, earthquake or other natural or man-made ca�amity which results in, or has the patential to result in a significarit loss of life or property. (b) During and after a disaster, C�'�TTRACTOR shall provide special services to the CITY incZuding CONTRACT�R shall open COIvTTRACTOR°s facilities even on nights and weekends as necessary to meet the needs of the City during a disaster. (c) CONTRACTOR shall not charge CITY any fee for opening facilities during an emergenc�- or for extending COTTRACTOR's hours of operation during a disaster. CITY shall pay CONTRACTOR the agreed upon contract prices for all purchases Facility Repair &:VIaintenance Contract Part I 102014 Cantract Central Page $ of 1Q made by CITY during the disaster and CONTRACTOR shalI not charge CITY any additionai mark-up, fee or cost for any purchases made by CITY during a disaster. (d} CONTR.ACTOR shall quickly mobilize CONTR.A�TOR's intemal and external resources to assist CITY when a disaster unfo�ds. (e} Extended hours and personnel. During disasters, CONTRACTOR's facilities shall stay open 24 hours if requested by the CITY. CONTRACTOR shall utilize additional CONTRA,CT4R personnel to take CITY orders if necessary. CONTRACTOR's Ca11 Center shall accept phone orders 24 hours a day. (� CONTRACTOR shall have contingency plans with CONTRACTOR's suppliers to provide additional supplies and equipment quickly to CITY as needed. (g) CONTRACTOR shall cooperate with CITY to pmperly document any and al� expenses incurred by CITY with CONTRACT�R and C�NTRACT4R shall assist C1TY in meeting any and a11 documentation requirements of the Federal Emergency Management Agency (FEMA). Facility Repair & Maintenance Contract Part I 102014 Contract Central Page9of10 -� •-- THIS CU1V'TRACT CO\'TAINS L�TDE11�'�IFICATIOiV' PROVISIU�TS Date: lV�ov ( a � ao I� Date: /� t�L z � l8 Appro� ed as �cr''� : :i�— � � ty ttoxney Facility Rcpair 8c Maintenance Conrract Part I 102014 COv"'TRACTOR I hereby certify that I have autharity to execute this document on behalf Contractor By: Tit�e: Sent ��r ( Stc,l� � KA_'�IS S Cl'TY, h SSOG'RI By: i�G ll1.t/�', Title: Manager of Procurement Services Contract Cena-a1 � Pagel0of10 tr �' ¥ � , x, �:. a. :.. � , ` # 9� a ''1 ti.. , i ,,'.. , � � ! y, i• 1 ' 1 � t � �ec.l. Ge�aer�IIndem�aificatioa�. A. For purposes of this Section 1 only, the following terms shall have the meanings listed: 1. Clai�ns means all claims, damages, liability, losses, costs and expenses, court costs and reasonable attorneys' fees, including attorneys' fees incurred by the City in the enforcement of this indemnity obligation. 2. Contr�ctor's Agents means Contractor's offcers, employees, subconsultants, subcontractors, successors, assigns, invitees and other agents. 3. City means City and its agents, officials, officers and employees. B. Contractor's obligations under this Section with respect to indemnification shall be limited to the coverage and limits of General Liability insurance that Contractor is required to procure and maintain under this Contract. Contractor affirms that it has had the opportunity to recover the costs of the liability insurance required in this Contract in its contract price. C. Contractor shall defend, indemnify and hold harmless City from and against all claims arising out of or resulting from all negligent acts or omissions in connection with this Contract but only to the extent caused by Contractor or Contractor's Agents, regardless of whether or not caused in part by any act or omission, including negligence, of City. Contractor is not obligated under this Section to indemnify City for the negligence of City. D. In no event shall the language in this Section constitute or be construed as a waiver or limitation of the City's rights or defenses with regard to sovereign immunity, governmental immunity, or other official imrnunities and protections as provided by the federal and state constitutions or by law. Sec. 2. Indepemdent Contr�ctor. Contractar is an independent contractor and is not City's Facility Repair & Maintenance Contract Part II 050113 agent. Contractor has no authority to take any action or execute any documents on behalf of City. Sec. 3. I�asur�nce. A. Contractor shall procure and maintain in effect throughout the duration of this Contract insurance coverage of the types and amounts specified in this section. In the event that additional insurance, not specified herein, is required during the term of this Contract, Contractor shall supply such insurance at City's cost. Policies containing a Self-Insured Retention are unacceptable to City unless City approves in writing the Contractor's Self- Insured Retention. 1. Commercial General Liability Insurance: with limits of $1,000,000 per occurrence and $2,000,000 aggregate, written on an "occurrence" basis. The policy shall be written or endorsed to include the following provisions: a. Severability of Interests Coverage applying to Additional Insureds b. Contractual Liability c. Per Project Aggregate Liability Limit d. No Contractual Liability Limitation Endorsement e. An Owners and Contractors Protective Liability Policy (OCPL). 2. Workers' Compensation Insurance: as required by statute, including Employers Liability with limits of: Workers' Compensation Statutory Employers Liability $100,000 accident with limits of: $500,000 disease-policy limit $100,000 disease-each employee 3. Commercial Automobile Liability Insurance: with a limit of $1,000,000 , covering owned, hired, and non-owned automobiles. Coverage provided shall be on an "any auto" basis and written on an " each accident" basis. This insurance will be written on a Commercial Automobile Liability form, or acceptable equivalent, and will protect against claims arising out of the operation of motor vehicles, as Page 1 of b Contract Central to acts done in connection with the Contract, by Contractor. 4. If applicable, Professional Liability Insurance with limits per claim and annual aggregate of $2,000,000. B. The Commercial General Liability Insurance specified above shall provide that City and its agencies, officials, officers, and employees, while acting within the scope of their authority, will be named as Named Insureds on the OCPL for the services performed under this Contract and maintain products and completed operations coverage for the duration of this Agreement. Contractor shall provide to City at execution of this Contract a certificate of insurance showing all required coverage and additional insureds. The certificates of insurance will contain a provision stating that should any of the policies described in the certificate be cancelled before the expiration date thereof, notice will be delivered in accordance with the policy provisions. C. All insurance coverage must be written by companies that have an A.M. Best's rating of "A-V" or better, and are licensed or authorized by the State of Missouri to do business in Missouri. D. Contractor's failure to maintain the required insurance coverage will not relieve Contractor of its contractual obligation to indemnify the City pursuant to Section 1. If the coverage afforded is cancelled or changed or its renewal is refused, Contractor shall give at least thirty (30) days prior written notice to City. In the event of Contractor's failure to maintain the required insurance in effect, City may order Contractor to immediately stop work, and upon ten (10) days notice and an opportunity to cure, may pursue its remedies for breach of this Contract as provided for herein and by law. E. In no event shall the language in this Section constitute or be construed as a waiver or limitation of the City's rights or defenses with regard to sovereign immunity, governmental immunity, or other official immunities and protections as provided by the federal and state constitutions or by law. F. Contractor shall obtain evidence that all Subcontractors have in force general, automobile, and employer's and workers' compensation liability insurance in the amounts required by these Contract Documents, and evidence that each is current on its unemployment insurance payments before Subcontractors begin Work at the Site. Contractor shall retain snch evidence in its files and make available to City within ten (10) days after written request. Sec. 4. Governing Law. This Contract shall be construed and governed in accordance with the laws of the State of Missouri without giving effect to Missouri's choice of law provisions. The City and Contractor: (1) submit to the jurisdiction of the state and federal courts located in Jackson County, Missouri; (2) waive any and all objections to jurisdiction and venue; and (3) will not raise forum non conveniens as an objection to the location of any litigation. Sec. 5. Compliance with Laws. Contractor shall comply with all federal, state and local laws, ordinances and regulations applicable to the work and this contract. Sec. 6. Termination for Convenience. A. City may, at any time upon thirty (30) days notice to Contractor specifying the effective date of termination, terminate this Contract, in whole or in part. If this Contract is terminated by City, City shall be liable only for payment for services rendered before the effective date of ternunation. Contractor shall prepare an accounting of the services performed and money spent by Contracior up to the effective date of termination and shall return to City any remaining sums within thirty (30) days of such date. B. If this Contract is temunated prior to Contractor's completion of services, all work or materials prepared or obtained by Contractor pursuant to this contract shall become City's property. C. If this Contract is terminated prior to Contractor's completion of the services to be performed hereunder, Contractor shall return to City any sums paid in advance by City for services that would otherwise have had to be rendered between the effective date of termination and the original ending date of the Contract. Contractor shall prepare an accounting of the services performed and money spent by Contractor up to the effective date oftermination �. Facility Repair & Maintenance Page 2 of 6 Contract Central Contract Part II 050113 and shall return to City any remaining sums within tl�irty {30) days of such date. Sec. 7. Resolution oi Claims A. For purposes of this Section 7 only, the fallowing terms shall have the meanings listed: 1. A Claim is a demand or assertion by fhe Contractor seeking, as a matter of right, the adjustment of Contract price andior times wiih respect to the terms of the Cont�•aet. 2. City's Representative--Person or agency designaied to act for the Director. B. The Contractor must give written notice io the City's Representative within fourteen (14) calendar days after the occurrence af the event giving rise to the Claim or wiihin fourteen (14) calendar days after the first recognition of ihe conditions givin.g rise to the Claim. After the fourteen (14} day period for filing claims has expired, the Claim shall be considered waived unless the Director grants an extension based an good cause shown by the Contractor that such additional time is warranted. The responsibility to substantiate Claims shall rest with th� Contractor. C. If the claim cannot be resolved by direct negotiation between the City's Representative and the Contractor, the parties mnst submit the Claim to the Director wiihin five {5) days after the parties agree that they cannot resolve the Claim. D. The submittal af the Claim pasitian statem.ents shall: 1} be in writing; 2} state the issues; 3) and state the respeetive positions of ihe parties. E. The Directar shall review the written statements and reply in writing to both parties within ten (10) working days. The Director may extend this period if necessary by notifyimg the parties. F. Absent fraud, gross mistake or bad faiih, tha Director's decision shall be final and binding on City and Cantractor within fourteen (]4) calendar days after issnar�ce. G. All administrative procedures set fortll in this contraci rnust firsi be e�austed before suit is iiled. H. The iime frame for the DirectoY•'s decisian may be tolled if the parties mutually agree to participate in mediation. Mediator selection and the procedures to be employed in the mediation shall be mutually acceptable to botli parties. Cast of the mediation, including ihe mediator's fees, shall be shared equally among the parties. I. If the Claim is not resolved during medi.ation, the Contractor agrees that it will �le no suit based on facts ar evidentiary materials that were not presented for consideration to the City during the mediation process or of which the Contractor had knowledge and failed to present during the administrativepracedures. Sec. 8. Default and Remedies. I£ Contractor shalJ. be in default or breaeh af auy provision of this Contraet, City may ierminate tlus cantract, suspend City's performanee, withhold payment or invake any other legal or eqc�itable remedy after giving Contractor natice and apporlunity to correct such default or breach. Sec. 9. Waiver. Waiver by City of any term, covenant, or condition hereof shall noi operate as a waiver af any subsequent breach of the sa�me or of any other ierin, covenant or C4Il(�1�1022. No term, covenant, or condition of this Contraet can be waived except by written consent of City, and forbearance or indulgence by City in a�y regard whatsoever shall not constitute a waiver of same to be performed by Contractor ta which the same may apply and, until complete performance by Cantractar of the term, cavenant ar condiiion, City shall be entitled to invoke any remedy available to it under this Contract or by law despite any such farbearance or indulgence. Sec. 10.Modificaiiou. Unless stated othercvise in this Canfiract, no provision of this Cantr•act may be waived, modified or amended except in writing signed by City and Contractor. Sec. 11.Headiugs; Cons�ructron af Contract. The headings of each section of this Contract are for reference only. Unless the context of' this Contract clearly requires otherwise, all terms aud wards used he�ein, regardless of the nuxnber and gender in which used, shall be canstrued to include any ather number, singular or plural, or any other gender, masculine, feminine ar neuter, the sazne as if such words kad been fully and properly written in that number or gender. Facility Repair & Mairitenance Page 3 af 6 Cantract Central Contract Part II 050113 Sec. 12.Severability af Provisians. Except as specifically provided in t.his Contract, all of the provisions af this Contract shall be severable. In the event that any provision of this Contract is found Uy a cauxi af eompetent jurisdiction to be unconstitutional or unlawful, ihe remaining provisians of this Contract shall be valid unless the court iinds that the valid pzovisions of this Contract are sa essentially and inseparably cor�x�.ected with and so dependent upon the invalid provision(s) that it cannoi be presumed that the parties to this Contract could have included the valid provisions without the invalid provision{s}; or unless the caurt finds that ihe valid provisions, standing alone, are incapable of bei�g performed in accordance with the intentions of the parties. Sec. 13.Recards. A. For purposes of this section: 1. "Ci#y" sha11 �nean the City Auditor, the City's Irxternal Auditor, the City's Director of Human Relations, the City Manager, the Ciiy department aclzninistering Chis Contract and their delegaies and agents. 2. "Record" shall mean any docubaent, book, paper, phoiagraph, map, sound recordings ar other maierial, regardless of physieal form or characterisiics, made or received in eonnection with this Contract and all Co�tract amendments and renewals. B. Contractor shall maintain and retain alI Records for a ternn af five (5) years that shall begin after the expiration or termination of this Contract and aIl Contract amendments. Cit� shall have a right to examine ar audit all Reeords and Contraciar shall provi.de access to City of aIl Records upon ten (10) days written notice from the City. Sec. 14.Afiirmative Action. Not Used. Sec. 15.Tax Compliance. Contractor shall provide proof of compliance with the City's taac �.. � � Facility Repair & Maintenance Page 4 af 6 Contract Central Cantract Part II 050113 ordinances administered by the City's couunissioner of revenue as a precondition to the City rnaking the first paymeni under this contract ar any contraci renewal when the total cantract amount exceeds $150,OOd.00. Sec. 16.Assignability or Subcontracting. A. Assignability. Contractor shall not asszgn ar transfer any pat�t ar all af Cantractar's obligation or interest in this Contract withaut prior written appraval af City. If Contractor shall assign or transfer any of its obligations or interests under this Cant�•aet without the City's prior written appraval, it shall constitute a matenial breaeh of this Cantract. This provision shall not prohibit contractor from subcantracting as atherwise provided far herein. B. Subcontraciing. Contractor shall not subcontract any part or all of Co;�tractar's obligations or interests in this Contract unless the subcantractar has been identified. in a format required by City. If Contraetor shall subcontract any part o£ Contracior's obligations or interests under this Contract without having identiiied the subcontractor, it shall consiitute a material breach of thrs Contract. The utilizatiol� of subcontractors sha11 not relieve Contractor of any of its responsibilities under the Contract, and Contractor shall remain responsible to City for the negligent aets, errors, omissions or neglect of any subcontractor and of such subcont�ractor's a€ficers, agents and employees. City shall have the righi ta reject, at any paint during tlie term of this Contraei, any subeontractar identified by Contractor, and to require that any subconiractor ceasa warking under this Contract. City's right shall be exercisable in its sole and subjective discretion. City shall nQt be obligated ta pay or be liable �or payment af any manies which znay be due to any subcontractor. Contractar shall include in an.y subcontract a requirement that the subcontractor camply with aIl requirements of ihis Contract in performing Contractor's services hezeunder. Sec. 17.Conflicts of Interest. Cont�actor eertifies that no off'icer ar employee of City has, or will have, a direct or indireet financial or personal interest in this Contract, and tl�at no afiicer or empioyee of City, ar member of such officer's or ernployee's immediate iamily, either has negotiated, or has or will have an arrangement, concerning employment to perforxn services on behalf of Contracior in this Contract. Sec. 18.Rules of Construction. The judicial rule of constructian zequiring or allowing an instrument to be construed to the detrim�nt of or against the interests of the maker thereof shall not apply to this Contract. Sec. 19.Reports. Contractor slaall provide City detailed reports of actual contract usage by categary each quarter and annually at no cost. Sec. 20.Employee Eligibility Veri�catian. If tYus contract exceeds five thousand dollars{$5,000.00}, Coniractox shall execute and submit an affidavii, in a fozm prescribed 1�y the City, afiirming that Cantractor does not knowingly emplay any person in eonnectian with the contracted services wha does not have the Iegal right or authorizatian under federal law to work in t3ie United States as defined in 8 U.S.C. § 1324a(h)(3}. Contractor shall atiach to the affidavit dacumentatian sufficient to establish Contractar's enrollment and participatian in an electronic verification of work program operated by ihe United Siates Depaxlment of F-Iameland Security io v�rify information of newly hired employees, under the Immigration and Reform and Control Act of 19&6. Contractar may obtain additional infonnation about E-Verify and enroll at www.dhs.gov/xprevprot/pro�rams/�c 118522 1678150.shtm. For those Contractors enrolled in E-Veri£y, ihe first and last pages of th� E-Verify Memorandum of Understanding that Contractor will obtain upon suecessfully enrolling � in the program shall constitute sufficient documentatian for purposes of eomplying with ihis sectian. Contractor shall subnnit the afiidavit and attachments io the City prior to execution of the contraci, or at any point during the term of the contract if reques�ed by the City. Sec. 21.Buy American and Missouri Preference Palicies. It is the policy of ihe City that any manufaciured goods or commoditiss used or supplied in. the performance of any City contract ar any suUcontract thereto shall be manufactured or produced in the Uniied States whenever possible. Pursuant to Seetion 71.140 RSMo., preference shall be given to materials, products, supplies and all other articles produced, manufaciuzed, made ar grown within the State of Missouri. Facility Repair & Maintenance Page 5 of 6 Cantract Central Contract Part II 0501 i3 Sec. �Z.Missouri Sales T�x Exemtption. Pursuant to Sectian 144.Ob2, RSMa, City is a Missouri exempt entity and tangible personal property to be incorpo�ated or consumed in ihe construction of this Project may be purchased withoui sales tax. City s1�a11 fiu�ish Contractor a Missouri Project Exemption Certificate far Sales Tax at the time of issuance of the Notice to Proceed. Sec. 23,Escalator Technical Survey. Coniractor is not obligated ta perform tests, correct outstanding violations or deficiencies that were not addressed by the priar service provider and/or the owner, or nzake related necessary repairs ar component replacements on the equiprnent. If additional work is necessary, Contractar will provide a separate proposal or recommendatian for such work. Contractor's price and obligations under ihis Agreement are subject to a technical survey to be performed wiihin 90-days of the effective date. If a safety hazard or code violation is identified during Contractor's technical suivey, City will immediately remove the unit fram service until repairs are pe�'ormed. City agrees to indemnify, defend, and hold Contractor harmless for any clainis arising aut af City's failure to comply with Contractor's recommendations and praposal. If City does not immediately approve Contractar's proposal or recammendation, Contractor reserves the rigYft to terminaie this Agreement without penalty. Sec. 24.Hazardo�s Materials. Notwithstanding anything contained ta the cantrary within this bid or contract, Contracior's work shall not ii�clude any abatemeni or disturbance of asbestos containing material �AGM), presumed asbestos containing materials (PACM) or other hazardous materials (i.e. lead, PCBs) {callectively "HazMat"). Contractor shall have the right to discontinue its wark in any locatian where suspected HazMat is encauniered ar disturbed. .Any HazMat removal or abatement, or delays eaused by such, required in order for Contractor to perform its vvork shall be the Cityr's sole respansibility and expense. Sec. 25.Cousequential Damages. In na event will either party be liable to the oiher party for indirect, incidental, consequential, speaial, exemplary, or punitive damages of aa�y kind ar nature arising from or related to performance of the Agreement, including without limitation loss af profits, Ioss or inaccuxacy of data, or loss of use damages, even ii the party has been advised r,, �_ Facility Repair & Maintenance Page b of 6 Contraci Cenl�al Contract Part II 050113 of ihe possibility o� such damages and even if under applicable law such damages would not be considered for indirect, incidental, puzutive, special, or consequential damages. Each party hereby waives its rights io su.ch darr�ages to the fullest extent permitted by applicable Iaw. Sec. 26.Force Majuere. A party is not liable for failure to perfarm its ohligations under the Agreemeut if such faiiure resul�s from Acts of God, %re, flood, unusual delay in deliveries, unavoidable casualties, terrarist activities, government sanction, blockage, embargo, Iabor dispute, strike, or lockout, concealed conditions, shortage or unavailability of materials, supplies, labar, equipment or systems, interruption or failure of electricity or ielephone service or any other causes beyond Contractar 's control. The non- performing party must promptly noiify the other pariy in writing of ihe force majeure event and resume perfarmance unrnediately upon cessation of the event. Sec. 2'I.Iniellectual Property. All proprietary and intellectual praperty rights ia the equipment, any drawings, technical documentation and software shall remain solely with Contractor. Faciiity Repair & Maintenance Page 7 of 6 Cantract Centra.l Contract Part II fl50113 Classification: KONE Internal �� II T = � �I . �-- ..�-� ��--. l� '__�=_'� �;� � __�� - �, _ J _T r�� ° = E�' � � � � � � � � � I �. �,�� I,� �� Iw � � . �� . _ ►� , � �� , - �,. - - _�L1 � � -� � � ■ �� ,�_ � � o � � � ,, ., - `'L1 � ■ �� tl � _� + � :::;, � � , I � �__ KONE EcoMod Proposal Specification • Will Rogers Arena — East & West Units • Fort Worth, Texas • January 8, 2024 Exhibit 4 KONE Inc. Proposal to Suppl� Ele�•ator, Escalator, �1oving Walk��a� �taintenance, Repair, M17odernization and Related, Products, Sen ices and Solutions under the U.S. Communities Program utilizing the Terms and Conditions of the Cih� of Kansas Cit� �laster Contract (Reference GE\RL-E�'2516 dated December 1", 2018) Thc partics hcreby agrcc to bc bowid to thc Tcrms and Conditions of thc City of Kansas City MasterContract (Reference GENRL-EV251G dated December I". 2018) ("Contrxt"), togethcr «ith thosc tcrms and conditions containcd in this Exhibit 4(collcctively. "Ser��ice Agreement"). In the event of conflict between terms and conditions contained in the Contract and this Exhibit 4, the terms in this Exhibit 4 shall supersede and prevail. Classification: KONE Internal �� 11 /16/2023 KONE Inc. Elevators & Escalators 801 Hammond St. Ste. 400 Coppell, TX 75019 Mobile: (469) 933-7105 Email: Ryan.Bok@kone.com www. kone. us Dear Keith Chisolm, We are pleased to enclose, for your review and consideration, KONE's proposal to modernize your equipment located at the following address for the amount of $ 1,983,204.00 (proiect is exempt from Texas Sa/es Tax): Will Rogers Auditorium 3400 Burnett-Tandy Fort Worth, TX, 76107 Our proposal is based on the Traction Elevator Modernization/Replacement Specification dated 10/12/2022 and meets the general intent of the project.. Pricing is based on the contents specified in this Proposal and the appen- dices and Bid Attachments, which are incorporated into this Proposal (the "Proposal"). Contract terms shall be in accordance under the U.S. Communities Program utilizing the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 1 st, 2018) The parties hereby agree to be bound to the Terms and Conditions of the City of Kansas City Master Contract (Reference GENRL-EV2516 dated December 1st, 2018) ("ContracY'), together with those terms and conditions contained in this Exhibit 4(collectively, "Service AgreemenY'). In the event of conflict between terms and conditions contained in the specification and The Service Agreement this The Service Agreement shall supersede and prevail. This Exhibit 4 shall be incorporated by reference in the final agreement. The pricing included in this Proposal is submitted with the understanding that all documents referenced and incorporated will be signed without modification. This Proposal is valid for 30 days. Should you have any questions or require additional information, please feel free to contact me directly. We look forward to hearing from you and working together on this project. Yours sincerely, ' '. Ryan Bok Senior Modernization Sales Consultant KONE Inc. Classification: KONE Internal �� KONE EcoMod Solution Specification Units in bid Units in group Unit names Existinq Epuipment outline Make Model Rise Step width Existing voltage Balustrade type Speed Offered Components Truss 4 Montgomery Solid Balustrade HR Escalators Original Contract Numbers 50244-45 / 50246-47 Montgomery 4500 2 @ 10'-11" / 2 @ 10'-4" 40" 480VAC Solid 100FPM The existing truss shall be reused. The following work shall be pertormed: 1. Upper and Lower End a. Removal of track and support brackets. b. Removal of access cover support plates. c. Removal of selected truss cross members. d. Removal of handrail support return brackets. 2. Incline a. Removal of top and return track b. Removal of handrail return brackets. c. Modification to truss cross members. Clean down of the existing truss removing all remnants of oil, grease, lint, dirt, and debris from the unit. Inspection/analysis of the existing welds, rivets, and overall structure. Isolation Mounting Existing isolation mounting shall be reused. Upper, Lower, and Incline Modules Upper, lower, and incline modules shall be designed and fabricated for installation into the existing truss. 1. The upper end module shall include the drive machine, track sub-assemblies, and truss intertace components. The track sub-assemblies shall be welded steel plate construction. The left and right hand plates shall be connected by structural steel tube cross members. The following components shall be directly mounted to the upper end module: top and return curve track; step guidance system; handrail guidance system; skirts and support brackets; access cover and comb plate support angles; safety devices and associated mounting brackets, including skirt switches, missing step detector, step out of level detector, and handrail speed sensors. www. kone. us 3(19) Classification: KONE Internal �� A) Drive machine: A totally enclosed, planetary geared machine specially designed for this service shall be furnished. It shall include furnished. It shall include a drive motor and electro-magnetic brake. The machine shall be mounted in the upper end module to truss interface brackets and integrally attached to the track sub-assembly plates and be connected by direct drive to the step drive sprocket. An output shaft shall be provided to directly drive the handrail. The drive machine shall be designed to substantially match speeds of the step band and handrails. Lubrication of the gears and bearings shall be by synthetic based oil bath. B Motor: The escalator(s) shall be equipped with a motor designed for escalator service. The motor shall be of TEFC design, ball bearing type, integrally and horizontally mounted to the drive machine. The motor shall be flange mounted to the main drive gear case and torsionally connected to the gearbox. Driving motor and motor switchgear shall be designed to provide a smooth start, which shall prevent undue strain on drive components. The motor shall be of sufficient size to operate the escalator at a minimum of code-rated load, ascending without exceeding the rated horsepower. Each escalator shall be provided with a permanent magnet ceramic brake, located on the high speed shaft which, when activated, shall stop the escalator as required by Code, upon activation of a stop button, safety device, or loss of power. C) Permanent maanet ceramic brake: A load compensating brake system shall be installed. The brake shall be capable of automatically stopping the escalator quickly but gradually and shall hold the escalator stationary under full load whenever the power is interrupted. The brake shall be "fail safe" and electrically released. The system shall continually adjust brake torque to maintain a relatively constant deceleration independent of the load. The brake shall not cause the escalator to come to an abrupt stop. It shall be designed to meet ASME A17.1 Code deceleration requirements without adjustment. Dl Upper reversina station: The Upper reversing station and drive shall include a precision-machined step chain sprocket mounted on the machine output shaft and rotating on bearings. 2. The lower end module shall include the reversing station, track sub-assemblies, and truss interface components. The track sub-assemblies shall be welded steel plate construction. The left and right hand plates shall be connected by structural steel tube cross members. The following components shall be directly mounted to the lower end module: top and return curve track; step guidance system; handrail guidance system; skirts and support brackets; access cover and comb plate support angles; safety devices and associated mounting brackets, including skirt switches, missing step detector, step out of level detector, and step up-thrust device. A) Lower reversing station The lower reversing station shall consist of a machined floating track system designed to maintain proper tension on the step chain by use of springs. It shall be designed to maintain uniform chain tension and shall detect movement of the carriage through the activation of a safety switch. www.kone.us 4(19) Classification: KONE Internal �� 3. Incline modules. Modular multi-purpose stanchion assemblies shall be installed on the incline of the existing truss. These incline support stanchions shall be fabricated of steel and mounted to the existing truss. They shall be designed to support all incline track sections and handrail guide components as part of the complete step band. These stanchions shall be pre-assembled and fixtured to set track spacing, as well as step and handrail guidance components, prior to installation into the existing truss. Step Bands 1. A step guidance system shall be provided to control the movement of the steps both horizontally and vertically. Each step shall be provided with horizontal guide pads, which shall guide the steps throughout their travel, in combination with a continuous guide profile installed in the area of the escalators open to passengers. A17.1 Code Step/Skirt Performance Index requirements shall be met without the need for skirt deflector brushes. 2. Step chain: The step band shall consist of consecutively running steps powered and spaced with a chain designed for long life and quiet operation. The step chain shall properly mesh with the main drive sprockets and lower reversing station castings. The chain shall be an engineering class roller chain, manufactured to close tolerances, from high quality material with heat-treated bushings, pins, and link plates. The escalators shall be designed using lubrication-free chain. The chain shall be designed to reduce oil use and life cycle costs. 3. The steps shall be formed from one-piece die cast aluminum with closely spaced tread and riser cleats. Step rollers shall rotate on sealed ball bearings. The step shall be connected to the chain by a pin and bushing. Vertical curved step risers shall be furnished with vertical cleats arranged to pass between the cleats of the tread on the adjacent step to form an inter-meshing unit with minimum clearances. Step color shall be black painted aluminum. A) The number of level steps at each end of the escalator shall be 2 upper/2 lower. B) Step demarcation inserts shall be provided on the sides and rear of each step. The inserts shall be fabricated from reinforced structural plastic, shall be easily replaced and shall be approximately 1.5 inches (38mm) wide at the sides and approximately 1.5 inches (38 mm) wide at the rear. Inserts shall be attached to the step without the use of visible fasteners. The color of the demarcation inserts shall be yellow. 4. New tracks shall be designed and fabricated to support and retain the steps and running gear at the rated load and at the highest speed specified. Tracks shall be assembled and secured together for easy removal and replacement of sections. The system shall be adjustable, with no welding of the track sections at the joints. Tracks shall be properly supported on stanchions to provide correct alignment and smooth transition to return stations. The rolling surface of the incline track shall be a minimum thickness of 3 mm. The transition track shall be a minimum thickness of 10mm. The guiding surface of the wheels shall be galvanized steel profiles with smooth and even running surfaces. Joints shall be cut diagonally to the running direction. A second, continuous step guiding profile shall be provided above the step chain rollers. www.kone.us 5(19) Classification: KONE Internal �� Comb plates and Access Covers 1. Adjustable comb plates shall be located at the top and bottom landings. The comb plates shall support injection molded, reinforced structural plastic comb segments which shall be designed to be removable and to mesh with the cleats on the step treads. The skid resistant comb plates shall be designed to sense both horizontal and vertical movement of the comb segments. Comb segments shall be yellow plastic. 2. Lightweight aluminum access covers shall be provided. The design of these skid resistant access covers shall allow for ease of maintenance. These covers shall be provided at both upper and lower landings and match the pattern of the new comb plates. The escalators shall be designed with access cover extensions of adequate length to match existing opening dimensions. Decks/Balustrades/Front plates/Skirts/Interior Trim 1. The escalator decks shall be constructed such that there shall be an inner deck and an outer deck. The inner and outer decks shall be fabricated from heavy gauge metal. Deck panels shall be installed without overlapping joints or requiring trim pieces to cover where two deck panels meet. Both inner and outer decks shall be finished in stainless steel #4 satin finish 14 gauge material. A) Both the upper and lower newel ends shall be designed to allow the return of the handrail without undue stress. The newel ends shall support the handrail around the newel through the use of a multi-roller bearing system to minimize drag and maximize handrail life. Escalator units in this specification are required to have deck guards per ASME Code. The guards can either be provided by the escalator modernization contractor or the owner. The deck guards are required at the upper and lower end. 2. Solid balustrades shall be provided between the escalator skirts and the handrails. The balustrades shall be fabricated of sheet metal with stainless steel #4 finish. 3. Front plates shall be provided at upper and lower ends designed to include the handrail inlet device and key actuated direction-starting switch. The handrail inlet device shall be a four-piece door/gate assembly. The front plate material shall be stainless steel. A) At both the upper and lower landings, located near the handrail inlet, a station shall be provided which shall include a key actuated direction starting switch. The escalator will not restart automatically. It must be restarted with the key after it has shut down. 4. The skirts shall be constructed from a heavy gauge material reinforced with steel channels. Skirts shall be fastened to the truss modules with hidden fastenings in the incline and transition areas. Skirt panels shall be installed without overlapping joints or requiring trim pieces to cover where two skirt panels meet. The skirt panels will be finished in teflon coated 11 gauge stainless steel #4 satin finish. 5. Interior trim pieces shall be aluminum and designed to connect the skirts and inner panels together. www. kone. us 6(19) Classification: KONE Internal �� Handrails V Groove handrails, properly constructed and reinforced, shall be provided. Handrails shall be endless with a smoothly vulcanized splice and shall operate with the moving steps. The handrails shall move on specially formed guides and traction sheaves. These sheaves shall be an integral part of the single drive machine. Close fitting guards shall be provided by the handrail openings in the newel base. The handrail color shall be black. Controls and Wiring 1. The controller shall be a Eco501 type. The controller shall monitor the condition of each safety device, brake, and motor operation, and shall cause the escalator to come to a stop upon activation of any safety device, brake problem, or motor overload. Should a power failure occur, the controller shall automatically remove power from the motor, and brake, and bring the escalator to a controlled stop. The controller shall include phase and overload protection. The controller shall include smart technology, allowing for 24/7 connectivity and diagnostic capability. Around the clock monitoring of escalator operation and all safety devices shall be provided. Real time statistical data shall be transmitted through wireless connection, allowing for prompt reaction to escalator faults and fast response times to customer service needs. Means to store real time data and allow 24/7 customer access shall be provided. 2. A pre-assembled wiring harness shall be installed, complete with modular assemblies for the upper end, incline section, and lower end of the truss. The upper and lower end assemblies shall be constant and consistent from unit to unit. The incline assembly shall be variable by length only. Both upper and lower harnesses shall have terminal boxes for easy access and troubleshooting capabilities. In conjunction with the low voltage/low power circuitry, S.O. cord shall be installed between terminal boxes and individual safety switches. Safety Devices 1. Each escalator shall be provided with a reversal stop device or function that is controller sensitive to stop the escalator automatically should the escalator attempt to reverse its direction while operating in the ascending direction. 2. A broken step chain device, a part of the lower reversing station assembly, shall be provided for each chain. When these devices are activated, the escalator will come to a controlled stop. 3. A step up-thrust device shall be located on each side of the lower curve track on the lower end of each escalator. The escalator will come to a controlled stop should a step be displaced against the up thrust track. 4. A comb-step impact device shall be provided at the upper and lower comb plates. The escalator will come to a controlled stop should an impact occur between the comb segments and steps. 5. Skirt obstruction devices shall be provided, at both upper and lower ends, within the skirt panels. The escalator will come to a controlled stop should an obstruction occur between the step and skirt panel. Switches shall be of the plunger, self-resetting type, adjustable to maintain the required position and clearance from the skirts. 6. Missing step devices shall be provided. The missing step devices are designed to detect a missing step or steps at the upper and lower ends of the escalator. When these devices are activated, the escalator will come to a controlled stop. www.kone.us �� 9� Classification: KONE Internal �� 7. Step demarcation lights demarcation lights at top and bottom of each escalator shall be provided. Lights shall be mounted below the track system where the step leaves or enters the combplate and shall be visible between the steps and the step/comb segment. Two independent green LED lights shall be provided, capable of lighting the entire width of the step. 8. A handrail entry device shall be provided at the handrail inlet in the newel. The escalator will come to a controlled stop should an object enter the handrail inlet area. 9. A magnetic sensor shall be provided to sound the alarm when the handrail deviates from the step speed by 15% or more. If the deviation lasts for more than 2-6 seconds, the escalator will come to a controlled stop. 10. Emergency stop buttons shall be provided, designed so that the momentary pressure of either button shall cut off the electrical power supply to the motor and bring the escalator to rest. A) One emergency stop button shall be located at each landing. Location shall be in the existing newel upper radius quadrant, 45 degrees above horizontal, in order to provide easy access. The stop button shall be red in color. B) The button shall be housed under a clear, high impact resistant plastic cover, which shall be self-closing. Instructions for operating the stop button shall be imprinted on the cover in half-inch high letters. When the cover is lifted, an audible alarm shall sound until the cover is returned to its closed position. 11. A pictorial sign meeting the requirements of the ASME A17.1 Code shall be provided at both the upper and lower landings. The safety signs will be provided in English. 12. Each escalator shall be provided with stop switches in the upper and lower pits. When these switches are activated, the escalator will come to a controlled stop. 13. Step level devices shall be provided at the upper and lower ends of the escalator to detect downward displacement of the step prior to it reaching the comb plates. When these devices are activated, the escalator will come to a controlled stop. 14. Escalators in this specification are required to have step guards. Step guards will be provided in the upper and lower pit. The step guard will protect a mechanic from the step band. www.kone.us $�� 9� Classification: KONE Internal �� 2 Other Optional Features Basic Optional Features - New escalator decking — Yes - Common center decking — No - Step sound deadening — No - Newel extensions — No - Reuse existing access frame — Yes - Plastic demarcation step inserts — Yellow - Step chain covers — No - Pendant station — Yes - Drip pan modifications required — No Optional Controller / Electrical / Environmental Features - Power control type — Soft start - Electrical Protection Class — NEMA 1 - Comb lights — No - Skirt spot lighting — No - Under handrail lighting — No - Diagnostic display — No - Phone jack — Yes - Controller cooling fan — Yes - Controller heater — No - Comb plate heater — No - Truss heater — No Optional Safety Devices - Deck guards — No - Apex/head guards — No - Anti-slide knobs — Yes Special Features Included - 264 Ib. step loading (Public Transportation Grade) - Stainless Steel Front Plate - V Groove Handrail - 3 mm / 10 mm Step Track - Lube Free Step Chain Pre-Assembled Escalator Modules Escalator modules included in this specification shall be completely pre-assembled by escalator modernization contractor prior to shipment to the job site. Such modules have specific access re- quirements. In accordance with information provided by the escalator modernization contractor, adequate access to the location of final modernization shall be provided by the general contractor or owner. www.kone.us 9�� 9� Classification: KONE Internal �� 3 Maintenance Service The escalator modernization contractor shall provide a quality maintenance service consisting of examination, adjustments, and lubrication of the escalator equipment for a period of 12 months after the escalator has been turned over for customer use. This service shall not be subcontracted but shall be performed by the escalator modernization contractor. All work shall be performed by qualified employees during regular working hours of regular working days and shall include regular time call backs. This service shall not include adjustments, repairs, or replacement of parts due to negligence, misuse, abuse, vandalism or circumstances caused by persons other than the escalator modernization contractor. Only genuine parts and supplies as used in the manufacture and installation of the original equipment shall be used. 4 Delivery, Storage and Handling A) Should the building or the site not be prepared to receive the escalator equipment on the agreed upon date, the owner or general contractor shall be responsible for providing a suitable storage area on or off the premises. B) Should the storage area be off site and the equipment not yet delivered, the escalator modernization contractor, upon notification from the owner or general contractor, shall divert the escalator equipment to the storage area at no additional cost to the escalator modernization contractor. If the escalator equipment has already been delivered to the site, the owner or general contractor shall be responsible for transporting the escalator equipment to the storage area. The escalator equipment shall be stored and removed from storage to the job site in a timely manner at no cost to the escalator modernization contractor. 5 Escalator Preparatory Work The following work is the responsibility of the purchaser, and must be performed or furnished by contractors other than the escalator subcontractor, according to governing codes: GENERAL: A clear entry and exit safety zone at the top and bottom of the escalator. ESCALATOR LIGHTING: Adequate lighting for the escalator entry and exit points as well as up and down the incline is required by the Code. A minimum intensity of five foot candles is required. Correcting any lighting deficiencies should be contracted, by the owner, with a qualified lighting contractor. MACHINE SPACE LIGHTING: Adequate lighting for machine spaces as well as a 15 amp, 120-volt duplex outlet is required. A qualified electrician should be contracted separately, by the owner, to correct any deficiencies. POWER SUPPLY: Provision of 110 VAC to upper and lower escalator pits and 60 Hz three (3) phase electrical power. GROUNDING: Provision of any necessary electrical grounding to the disconnect switch if not currently present in the facility. PROTECTION FROM WEATHER: canopy and/or covering. FIRE PROTECTION: Provision of code compliant fire protection in and around the escalator truss or work area, if required. www. kone. us 10(19) Classification: KONE Internal �� PROVISIONS FOR EQUIPMENT PROTECTION: Arrangements must be made to protect the escalator equipment from damage throughout the entire project. WORK AND STORAGE AREAS: The working and storage areas must be clean, dry, and protected from the weather. 6 Modernization Preparatory Work Barricades KONE will furnish, install, maintain and remove (at Project completion) necessary barricades. The deter- mination of need, the description, the location and the quantity of such barricades will be at KONE's sole discretion. Care of KONE barricades, during times when KONE personnel are not on-site, will be the pur- chaser's responsibility (not KONE). All signage to be placed on KONE supplied barricades will be the pur- chaser's responsibility (not KONE). Special Precautions Any asbestos removal necessitated by the work described in this proposal will be the purchaser's respon- sibility (not KONE). Reports To Purchaser Where this proposal includes KONE's review of the condition of any item, KONE will report the results to the purchaser in the event that the results impact the work as proposed. www.kone.us 11(19) Classification: KONE Internal �� 7 Project Clarifications Technical Clarifications: 1. Please reference the attached proposal specifications which define the technical scope of work for this proposal. 2. Based upon minor dimensional variations between the existing escalators and the newly modernized ones, some minor cosmetic work may be required to existing escalator cladding, flooring, walls, etc. This work is to be performed by OTHERS, not KONE. Job Schedule / Sequencinq / Coordination: 3. This proposal is inclusive of an equitable adjustment in price in accordance with the known impact of recent U.S. tariffs in effect at the time of this proposal. After the date of this proposal, and KONE's price or time to perform the work, KONE shall be entitled to an equitable adjustment in contract price and a time extension to complete its work commensurate with the impact. 4. All pricing assumes arriving at mutually agreeable contract terms between your form and KONE, in- cluding the reference to this proposal in any subcontract agreement. 5. The agreed delivery and installation times for the project may need to be extended because of delays caused by measures undertaken to stop the spreading of the Coronavirus (2019-nCoV) epidemic, such as mandatory holiday extensions and transportation restrictions imposed by authorities in China and other countries, and the availability of personnel, logistics providers and supply chains, due to the ongoing pandemic. 6. Labor costs in this proposal have been based upon an award date of no later than 2/15/2024, and an approximate installation start date of the first 2 units by no later than 9/1 /2024. The second 2 units will be installed following the completion of the 2025 Fort Worth Stock show. No more than 2 units being installed (simultaneously). Final pricing is subject to change based upon actual start date of the project. Schedule requirements which require additional manpower will require price modifica- tions. 7. It is assumed that all work will be performed weekdays between the hours of 6:00 AM and 4:00 PM. NO OVERTIME has been included in this proposal unless stated otherwise. 8. The existing escalator truss is assumed to be in good condition, and a structural engineer review has NOT been included. If it is determined for any reason this is required, an add to the quoted proposal amount would apply. 9. If KONE Inc. is require to pull off the work site for any reason beyond our ability to control, a remobili- zation fee of $3,500.00 will be charged for each occurrence. 10. The pricing proposal is based upon KONE being awarded no less than a 5 year maintenance con- tract for the equipment including in this proposal. Maintenance contract to be awarded at the sane time as the contract for the modernization work. 11. KONE anticipates being provided with free on-site parking for our installation crews during the dura- tion of the modernization work. www. kone. us 12(19) Classification: KONE Internal �� 12. All escalators are assumed to be capable of running in a safe condition to allow for engineering surveys and equipment demo to take place. If this is not possible, a change order may be required due to the additional labor these activities will require. 13. Deliveries are assumed to occur on regular time at the main floor and allow for all material to be brought to the work site across the exhibit hall floor. 14. It is anticipated all material will be stored inside the barricaded space for each set of units. Remote storage is not included. 15. KONE anticipate locating dumpsters for torn out material in close proximity to the delivery location. A remote location dumpster is not included. 16. GC work included is strictly limited to the scope pf work defined on the attached proposal. Any other items required would be an add to our contract amount. (Section 9 on page 15 of this proposal) www.kone.us 13(19) Classification: KONE Internal �� 8 Alternates Alternate #1 : To DELETE all required "GC Work" (see paragraph (/ page 15 of this proposal) - please DEDUCT the total net sum of $130,000.00 from our base bid amount. Accepted Rejected www.kone.us 14(19) Classification: KONE Internal �� 9 GC Scope of work reneraF: i. 1+1+e will abtain permits for the scape af work fisted in this propos�l as requFred by AHJ_ 2. We will provide ansite supen+ision �s required to camplete our listed scope af wark_ 3. 1Ne will provide subnzittals far any items required in the specifEcations_ 4. We will hau! away aur debris and lea�e the area cfean. UQoer Esealator E'r}ain En►rance ^ I. 1Ne will Qravide exFerior balustradeltn�ss of il�e esca[ator arith#F4S5. There will be a hairline seern at the building jaints af each cl�d. Survey for fi�3a1 dirnensions inciuded. 2_ Lar�ding-Discani3ect+ recunneci power in tiie pit landir�g �t ihe base af fhe escalator for (2} tatal _ (Disconneets prav3de by otl3�rs) 3. 120va1t �Damp pawer- Enstal3 id�R a�'.rb �iv1T far 12�-volt power to escalatar A. Ta be fed from Panei Garage Toll Booth Circuit breaker panel. 12Qvi2ff8_ Install {1) 2flamp Westinghouse Bf2 breaker stab iRs. 4_ Grounding- E�3s#ali graunding electrade in the pit, a{so band ta eitkier f�uilding steei or equipnzeoYt (water} means_ Keep under 2�ahn�s af resistarace_ Allawar�ce of 3aft banding in equ�pment raom iR sra` EMT. 5. Receptacle- li7stall i GFCI receptacle in the pif_ 6. Light-add or repface alfaw�nce af 1 vapor 4ft. 7_ Switches- IRstall 1 illurninated switcf� in pit_ Lower Escalator �. La�dint�-Disconnect� reeonrTect pawer in the pit landing at the base o� the escalafar for �2� total_ (�is�annee� prauide by athersj 2. I 20volt 20amp powe�- install i D�ft of'.�a ETv1T for 120-volt power to escalatar A. To be fed from Pane3 Garage Tafl Sootn i�ircuit 6reaicer pane4_ 126vl208_ Install {1) 2�amp WestingE�ouse BR breaker sia6 ie�s_ 3. Grounding- Insiafl graunding electrode in #he pit, also band to eithee 6uiiding steel ar equi�ment {water) mea�s_ fSeep under25ohms ofiresistance. Rliaw�nce af 36ft banding in equipment raom in ?%` ENkT_ 4. Receptacle- Install 1 GFCI receptacie in the pit_ 5. Lighi-add or replace alkawance of 1 vapar 4ft. fi. Switches- Insfall 1 illumina#ed switch in pit_ Exclusions: i. We do not include ar�y hazardo�Fs ahateinent in our propasal_ 2. We do not include any work nat listed in this propasal_ 3. We do not include any additianai sprinkler work. 4. We do not include any painting and waterpraafing of the pit has not been included in our propasal_ 5. We do not include the reEocatian and or rerouting of the active buildingimechanicai devices. 7. We do not include ai�y line side electrical feeder wire size cha�7ge, circuit size ir�crease or replacement [existii3g line side pawer and circuits to be used}_ 6. We do not include emergency power Ufark in oue propasal_ 7. We dn nnt �nclude rerr�aval af ar�y nan�levator 6uiRdiRg cammunication wiring or piping.tdra�n lirres in our propasal_ 8. We do nat ii�clude creafio� af any new buiiding aechitectural plans ar drawings_ B�ildi�g must supply existing drawings for perrriitting purpas�s if required byr AFIJ_ :i. LVe do noE include removal of �ny r�an-e4evaEor building cammunicatian wtring ar piping�drain lines in our propasal_ f s�_ Corrective measures to existir�g caFistruetion, l�uiiding systems_ or finish materials ihat were either in�peaperly ins#alled or insfalled and did r�at meet the cade requirerrtents af the ii�st�iiation are not iiicluded in this peoposai �niess speciTically noted in the scope por[ion of the praposal_ ! 1_ We do nat include repiacement af any existing fire �larm devices orfire alarrrz control panel_ Only fiee alarm upgrade wark specifically identified �n our scope is included in oue bid. Any rnain fire �larm control pane[ saftware upgrades required to ailow prograrrimingia�ceptance of newly instal4ed alarm dewFces is not included in aur proposal. www. kone. us 15(19) Classification: KONE Internal �� 10 Tender Approval Price Overview Proposal pricing is based on the scope of work as defined herein. Any additional work required will be performed only upon purchaser's approval of a mutually agreeable change proposal. Any other deficiencies revealed in the progress of the work will be promptly reported to the purchaser with recommendations and cost for corrective ac- tion. The pricing in this offer is valid for 30 days. Total Sales Price (SALES TAX EXCLUDED) Alternate #1 — ADD / DEDUCT $130,000 Maintenance $1,983,204.00 Accepted Rejected Free service for 12 months following the comple- tion of each unit is included. We accept the offer constituted by this proposal and agree to the conditions contained therein. Approved by Purchaser Signature: Printed Name: Title: Company Name: Date: www. kone. us 16(19) Classification: KONE Internal �� Appendix 1: Bid Attachment "A" / KONE Inc. General Terms and Conditions (Modernization) 1. APPLICATION OF THESE TERMS The parties agree to be bound by the terms and conditions contained in the Bid Letter, this Bid Attachment A and Bid Attachment B, including the documents incorporated herein by reference (collectively, the "Proposal"). 2. SPECIAL PURCHASING REQUIREMENTS This Proposal is made without regard to compliance with any special sourcing and/or manufacturing requirements including, but not limited to, Buy America, Buy American, U.S. Steel, FAR clauses, minority / disadvantaged supplier requirements or similar federal and/or state procurement laws. Should such requirements be applicable to this Project, KONE reserves the right to modify and/or withdraw its Proposal. 3. PROPOSAL CONDITIONS The Proposal shall be open for acceptance within the period stated in the Bid Letter or, when no period is stated, for a period of 30 days from the date of the Bid Letter. Prior to commencing manufacture of the equipment described in the Bid Letter ("EquipmenY'), KONE must have (i) a fully executed contract; (ii) a schedule acceptable to KONE identifying the Equipment installation start date, or alternatively, KONE's letter specifying the ship date ("Ship Date Letter") signed by Customer, which, as applicable, is incorporated by reference herein; (iii) the first payment in Section 4 herein; and (iv) fully approved KONE layouts. 4. PAYMENT TERMS Payment of the total Price is due within 30 days from invoice date, as follows: • 30% of the Price for engineering, site management, and overhead, billable and due upon execution of this Proposal or receipt of the subcontract; • 50% of the Price for material and shipping, billable and due upon delivery of material to the jobsite or KONE Distribution Center; • 20% of the Price for Equipment installation, billable and due at the billing cycle following the start of installation. KONE imposes a surcharge for payments made via credit card that is not greater than our cost of acceptance. The surcharge that we impose for this type of transaction is a percentage of the amount paid via credit card, which will be notified to the Customer at the payment portal. KONE reserves the right to delay, suspend, or stop the work, including manufacturing, delivery, installation and/or Equipment turnover, for non-payment, without liability to KONE or being held in default. Simple interest at 1.5% per month shall be charged on amounts not paid when due. Payments to KONE are not contingent on any third-party payments to Customer. Customer shall reimburse KONE for all costs of collection, including courts costs and reasonable attorneys' fees. Prior to turnover, KONE must be paid in full, less 10% maximum retention, the Price including all change orders. Retention shall be due and payable within 30 days of execution of the Uniform Final Acceptance or Equipment turnover, whichever occurs first. If certified payroll reporting is required, KONE will submit the requested reporting in the format of the U.S. Department of Labor form WH 347 & WH 348. The Price does not include Textura or any other special billing requirements, which can be added via change order at a rate of 0.3% of the Price. 5. INSTALLATION Customer shall be responsible for procurement and cost of all permits, except permits related to installation of the Equipment. Where KONE's scope of work or other responsibilities include the obligation to utilize materials and/or finishes resembling or identical to those pre-existing in the building, KONE shall use reasonable efforts to procure such materials and Customer acknowledges and accepts that the materials and/or finishes reasonably available may not be in all respects identical to those pre- existing in the building. This Proposal is conditioned upon KONE using its standard installation method. The installation of the Equipment shall start after Customer has completed all work set forth in Bid Attachment B and any other documents describing site requirements ("Site Requirements"), all of which are incorporated by reference herein. Within two (2) weeks prior to the scheduled delivery date for KONE's materials, KONE shall conduct a standard visual site survey to verify that the Site Requirements are complete and notify Customer if there are outstanding deficiencies preventing KONE from beginning installation. KONE's site survey may include, but is not limited to, inspection of site access, working and safety conditions on site, wear and tear of any existing structures or surfaces, and planning of any dismantling or removal of existing equipment, components and materials, where applicable. KONE shall not be deemed to have surveyed any hidden structures, latent defects, subsurface conditions, or other non-visible matters, including but not limited to searching for hazardous substances and/or materials, which shall be subject to Section 16. If KONE's site survey reveals any deficiencies, KONE shall be entitled to delay the start of installation and Customer shall be responsible for all additional costs incurred by KONE, including without limitation, costs associated with: labor reallocation, re- directing materials to and storage in a KONE Distribution Center, additional labor for double handling of materials, and additional trucking, freight and insurance. Once the Site Requirements are completed, the start of installation shall be subject to the availability of labor and the delivery of material, if applicable. KONE's work shall be performed during regular union working hours of regular working days, Monday to Friday, statutory holidays excluded. If overtime is mutually agreed upon and performed, the additional costs for such work shall be added to the Price at KONE's standard overtime rates. If the installation cannot be performed in an uninterrupted manner for any reason beyond KONE's control, Customer shall store the Equipment at Customer's cost and compensate KONE for any costs caused by such delay including, but not limited to, double handling of Equipment and demobilization. KONE shall not be required to perform overtime or any Customer directed change to its work ("Extra Work") without an executed change order. No action by KONE, including but not limited to, performing Extra Work without an executed change order, shall be a waiver of KONE's right to seek payment for Extra Work performed. KONE shall be entitled to an extension of time and an equitable adjustment in the Price, including but not limited to, any increased costs of labor, including overtime, resulting from any change of schedule, re-direction of KONE personnel to another work area, acceleration, or out of sequence work. KONE shall take reasonable methods to protect its work-in-place while KONE is actively on site and until execution of a KONE Uniform Final Acceptance, which is incorporated by reference herein. Should damage occur to KONE property, material or work-in- place by fire, water, theft or vandalism, Customer shall compensate KONE for said damages. www. kone. us 17(19) Classification: KONE Internal �� Additionally, the Customer is solely responsible for ensuring that the equipment maintenance contractor, if not KONE, does not disturb, delay or interfere with KONE's work. KONE shall abide by Customer's safety policies and procedures to the extent such policies and procedures are not in conflict with KONE's Safety Policy. Testing and/or security features of Equipment must be completed before Equipment turnover. KONE is not responsible for damages, either to Equipment or the building, or for any personal injury or death, arising out of or resulting from any code required safety tests performed on Equipment or hoistway access granted by Customer to other trades. 6. TEMPORARY USE Temporary use of certain types of Equipment may be permitted, provided the use period allows adequate time for Equipment restoration for final turnover and Customer executes KONE's Temporary Use Agreement. Temporary use shall be invoiced separately and subject to payment terms in Section 4 herein. At the end of temporary use, Customer shall return the Equipment to KONE in "like new" condition. 7. HAZARDOUS MATERIALS KONE's work shall not include any abatement or disturbance of asbestos containing material ("ACM"), presumed asbestos containing materials ("PACM"), or other hazardous materials (i.e. lead, PCBs) (collectively "HazMaY'). KONE shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays caused by such, required in order for KONE to perform its work shall be Customer's sole responsibility and expense. Should any HazMat abatement occur within the shaft or machine room, Customer shall execute KONE's Hoistway or Pit Access Request. If any HazMat is known to be present on site before the start of work, HazMat removal or abatement shall be completed prior to KONE scheduling installation and delivering material. 8. TITLE AND RISK TO EQUIPMENT Title to and ownership of all Equipment intended for incorporation in KONE's work, whether installed or stored on or off site, shall remain with KONE until final payment is made. Risk of loss in KONE's work and Equipment passes to Customer upon delivery to the site or off-site storage. Any tools, devices, or other equipment that KONE uses to perform its work or monitor the Equipment remains the sole property of KONE. If this Proposal terminates or expires for any reason, Customer will give KONE access to the premises to remove such tools, devices or equipment at KONE's expense. 9.TURNOVER Prior to turnover, KONE must receive a final punch list. Upon turnover, KONE requires a signed Uniform Final Acceptance. KONE shall provide its standard electronic O&M manuals with CD-ROMs in electronic format, if applicable, upon execution of the Uniform Final Acceptance. Standard KONE samples shall be provided upon request. No mock-ups or video training are included in the Price. 10. DELAY KONE shall not be liable for any loss, damage, claim, or delay due to any cause beyond KONE's control, including, but not limited to, acts of domestic or foreign government (including a change in law), strikes, lockouts, work interruption or other labor disturbance, delays caused by others, fire, explosion, theft, floods, inclement weather, riot, civil commotion, war, malicious mischief, infectious diseases, epidemic, pandemic, quarantine , border or port of entry and exit restrictions or acts of God. In the event of such delays, KONE shall be entitled to an extension in time equal to the length of such delay affecting KONE and an equitable adjustment in the Price. Customer shall compensate KONE for labor and material cost escalations resulting from Project delays not caused by KONE, which e�end completion of KONE's work beyond the end of the current calendar year. Customer is on notice that IUEC labor rates increase annually. 11. LIMITED WARRANTY For one (1) year after the acceptance date set forth in the signed Uniform Final Acceptance, date of Equipment turnover, or date of Customer's use of Equipment (unless such use is pursuant to the Temporary Use Agreement), whichever occurs first, KONE warrants Equipment against defect in workmanship and material. The warranty excludes remedy for damage or defect caused by abuse, misuse, vandalism, neglect; repairs, alteration or modifications not executed by KONE; improper or insufficient maintenance, improper operation, characteristics of the building such as electrical power or security features, natural or other catastrophe such as flood, fire, or storm, or normal wear and tear and normal usage. The warranty excludes training or instruction in the proper operation or maintenance of Equipment. Specific noise ratings and energy efficiencies cannot be guaranteed due to different building characteristics and ambient noise levels. Customer's remedy is limited to repair or replacement of a defective part, in KONE's sole discretion, and excludes labor. 12. INDEMNIFICATION KONE shall only indemnify and hold Customer harmless for claims, damages, losses or expenses, but excluding loss of use ("Claims") due to bodily injury, including death, or tangible property damage (other than the Project or KONE's work itselfl to the extent caused by KONE's negligent acts or omissions. KONE shall not indemnify Customer for any other Claims. Customer agrees to indemnify and hold KONE harmless from any Claim for bodily injury, including death, or tangible property damage in connection with the use or operation of the Equipment. Each party shall defend itself in the event of a Claim. 13. INTELLECTUAL PROPERTY KONE shall retain title and ownership of all intellectual property rights relating (directly or indirectly) to the Equipment provided by KONE, including but not limited to software or firmware (whether in the form of source code, object code or other), drawings, technical documentation, or other technical information delivered under the Proposal. KONE grants Customer a non-exclusive and non-transferable license and right to use the software and firmware in connection with the use and maintenance of the Equipment. Customer shall not use any drawings, technical documentation or other technical information supplied by or on behalf of KONE for any purposes other than those directly related to the Proposal or to the use and maintenance of the Equipment. Customer shall not in any form copy, modify or reverse engineer the software, or give access to the software for such use to any third party without KONE's prior written consent. www. kone. us 18(19) Classification: KONE Internal �� 14. INSURANCE In lieu of any Customer insurance requirements, KONE shall provide its standard certificate of insurance, which shall be deemed to satisfy all insurance requirements for this Project. KONE shall not provide loss runs, insurance rate information, copies of its insurance policies or any other information which KONE considers confidential. KONE shall not provide coverage for professional (E&O) liability, pollution liability, data privacy/security, or no-fault medical payments. If the Project is covered by a Wrap Up Insurance Program, KONE agrees to participate provided there is no cost to KONE, no reduction in the Price, and subject to KONE's review of the proposed program. If KONE's primary limits are sufficient to satisfy insurance coverage requirements, excess/umbrella liability will not be required or if excess/umbrella is required, KONE's excess coverage does not follow form although typically provides broader coverage than KONE's primary policies. The excess coverage is not AM Best Rated nor licensed to do business within the jurisdiction although the carrier has strong Standard & Poor's and Moody's financial ratings that may be evidenced upon request. 15. LIMITATION OF LIABILITY In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, liquidated, incidental, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to this Proposal even if such party has been advised of the possibility of such Consequential Damages. The limitation set forth in this section shall apply whether the claim is based on contract, tort or other theory 16. CONCEALED OR UNKNOWN CONDITIONS If during the course of its work, KONE encounters conditions at the site that are subsurface, differ materially from what is represented in the contract documents, or otherwise concealed physical conditions, KONE shall be entitled to an extension of time and additional costs for the performance of its work, which shall not be subject to any payment conditions or contingencies. 17. TECHNICAL SURVEY KONE's Price and obligations under this Proposal are subject to a technical survey to be performed on Customer's existing units within 90-days of the effective contract start date. If a safety hazard or code violation is identified during KONE's technical survey, Customer shall immediately remove the unit from service until repairs are performed. KONE is not obligated to perform tests, correct outstanding violations or deficiencies that were not addressed by the prior service provider and/or the owner, or make related necessary repairs or component replacements on the unit. If additional work is necessary, KONE shall provide a separate proposal or recommendation for such work. Customer agrees to indemnify, defend, and hold KONE harmless for any claims arising out of Customer's failure to comply with KONE's recommendations and proposal, and any obligation on the part of KONE to indemnify or defend Customer with regard to such claim shall be null and void. If Customer does not immediately approve KONE's proposal or recommendation, KONE reserves the right to terminate this Proposal/contract without penalty. 18. TERMINATION If a party materially breaches this Proposal, the other party shall provide written notice of the breach and a reasonable time to cure the breach, but in no event less than 30 days. If the breaching party fails to cure the breach within the specified time period, the non-breaching party may terminate the Proposal upon 15 days written notice to the other party. If KONE notifies Customer of a material breach pursuant to this paragraph, KONE may temporarily suspend its work without liability. 19. GOVERNING LAW AND DISPUTE RESOLUTION The parties agree that this Proposal shall be governed by the laws of the state where the Project is located, and venue for disputes shall be located in that state. KONE does not agree to participate in arbitration proceedings. 20. PRICE ADJUSTMENT KONE shall be entitled to an equitable adjustment in the Price, including but not limited to, any increased costs between the time the Contract is signed and the date of manufacture for materials, labor, or shipping, as well as increased costs resulting from any change in law or tariffs. 21. 24/7 EMERGENCY VIDEO COMMUNICATIONS Applicable only for projects where KONE 24/7 Emergency Video Communications is included: The KONE 24/7 Emergency Video Communications contract addendum and General Terms and Conditions for KONE Digital Services must be signed by the Building Owner. This contract addendum requires the Building Owner to pay a fee for audio, video, and data connectivity. This payment obligation, among other provisions, survives termination of any maintenance agreement. 22. MISCELLANEOUS This Proposal, including the documents incorporated herein by reference, constitutes the entire agreement of the parties and supersedes all prior negotiations, understandings, and representations whether written or oral in relation to the subject matter hereof. Where a conflict or ambiguity exists between this Proposal and any other contract document (including but not limited to, Customer's drawings and specifications), the terms and conditions of this Proposal shall control. This Proposal may be amended only in writing by the duly authorized representative of both parties. This Proposal may be executed in one or more counterparts. Each counterpart shall be considered an original and all of the counterparts shall constitute a single agreement binding all the parties as if all had signed a single document. For purposes of executing this Proposal, a document signed by electronic means is to be treated as an original document. The failure of either party to insist upon performance or strict performance of any of the terms or conditions of this Proposal shall not be deemed a waiver of any rights or remedies that such party may have or a waiver of any subsequent breach or default under this Proposal. Neither party may assign or transfer the benefit or burden of this Proposal without prior written consent of the other party. www. kone. us 19(19) � RIDER No. 1 (Schedule D) Will Rogers Memorial Center Escalator Modernization The parties hereby agree to be bound to the terms contained in the Agreement between KONE Inc. ("Contractor") and City of Fort Worth ("Owner"), to include CFW's agents, officers, directors and employees [City], KONE Exhibit 4 dated January 8, 2024 (the "Agreement"), together with OMNIA EV2516, those terms contained in this Rider No. 1. Provided, however, that notwithstanding any terms contained in the Agreement or any Contract Document to the contrary, in the event of conflict between terms containetl in the Agreement or any Contract Document antl terms contained in this Ritler No. 1, the terms in this Rider No. 1, Exhibit 4& OMNIA EV2516 shall supersetle and prevail. 1. Contractor's Bid Proposal, including Attachments A and B thereto, and Ship Date Letter are included as referenced Contract Documents, antl shall prevail in the event of conflicts hereunder. Contractor shall not be bound by or obligated to comply in any manner with any Contract Document which has not been given to Contractor prior to the execution of the Agreement. 2. In no event shall either party be liable to the other party for any consequential, special, punitive, exemplary, incidental, liquidated, or indirect damages (including, but not limited to, loss of profits or revenue, loss of goodwill, loss of use, increase in financing costs) (collectively, "Consequential Damages") that arise out of or relate to the Agreement. 3. Any references to "conditions precedenY' to Contractor's right to payment shall be interpreted to merely establish timing of payment. Contractor reserves the right to delay antl/or suspend its Work, including manufacturing, delivery, installation and/or final turnover of equipment, for non-payment, without risk of breach of contract if Contractor is not paid within 30 days of submission of Contractors payment application. Prior to turnover, Contractor requires a signed Final Acceptance Form. At the time of equipment turnover, Contractor must be paid in full, less 10% maximum retention, the Agreement Price including all unpaid Change Orders or outstanding change directives. Final payment, inclutling retention, shall be due sixty (60) tlays after Contractor's final invoice. 4. Contractor's intlemnification antl defense obligations shall apply only to the extent caused by the negligence of Contractor (or its subordinates) and not to the extent caused by others. 5. Delete any and all additional insured and waiver of subrogation requirements contained in the Contract Documents. Contractor will provide an Owners and Contractors Protective Liability Policy which shall list the Owner as Named Insured. Limits to be $2,000,000. Delete any requirement for Contractor to provide medical expense, virus, communicable disease or terrorism coverage. 6. Contractor and Owner have mutually agreetl upon a schedule for the performance of Contractor's Work and it is attached to the Agreement. Any changes or revisions, accelerations, resequencing, suspension, work stoppage or delays of Contractor's Schedule may only be made upon Contractor's mutual written consent, and are not included in the Agreement Price. 7. Contractor shall not be obligated to continue performance of Extra Work without a fully executed Change Order if the estimatetl value of unexecuted Change Ortlers exceetls 10% of Contractor's Agreement Price, or if there is a reasonable safety concern, a protluct limitation, or it is unreasonable to proceed. 8. If Contractor is delayed at any time in the performance of its Work by an act or neglect of the Owner or Architect/Consultant, or of a subordinate of any of them; or by labor disputes, unusual delay in deliveries, unavoidable casualties, Acts of God, sabotage, vandalism, theft, concealed conditions, hazardous materials, legal requirements, shortage or unavailability of materials, supplies, labor, equipment and systems; or by any other causes beyond Contractor's control, then Contractor's Schedule and the Agreement Price shall be adjusted accordingly. 9. If the materials are manufactured more than twelve months after the Contract date, KONE shall be entitled to an equitable atljustment in the Price, including but not limitetl to, any increasetl costs between the time the Contract is signed and the date of manufacture for materials, labor, or shipping. Further, KONE shall be entitled to an equitable adjustment in the Price for any increase in costs resulting from any change in law or tariffs. 10. Contractor's work shall not include any abatement or disturbance of asbestos containing material, presumed asbestos containing materials, or other hazartlous materials (i.e. leatl, PCBs) (collectively "HazMaY'). Contractor shall have the right to discontinue its work in any location where suspected HazMat is encountered or disturbed. Any HazMat removal or abatement, or delays causetl by such, shall be the Owner's sole responsibility and expense. 11. Scope of Work Clarifications: contained in contract document Exhibit 4 dated 1/8/2024. ACCEPTED: City of Fort Worth KONE INC. BY: BY: TITLE: TITLE: Jeff Blum, Senior Vice President DATE: DATE: .lune 25, 2024 KONE INC. CONTRACT #: 6766139 KONE INC. CONTRACT#: Page 1 of 1 2/20/24, 12:30 PM CITY COUNCIL AGENDA Create New From This M8�C DATE: CODE: 2/13/2024 REFERENCE **M&C 24- LOG NO.: 0128 NAME: P TYPE: CONSENT PUBLIC HEARING: M&C Review ��RT�'�ORTII _�L- 25COOP OMNIA EV2516 ESCALATOR REPLACEMENT/MODERNIZATION PED NO SUBJECT: (ALL) Authorize Execution of a Contract with KONE INC. in an Amount Not to Exceed $2,113,204.00 for the Will Rogers Memorial Center Escalator Replacement Project, Adopt Appropriation Ordinance and Amend the Fiscal Years 2024-2028 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a contract with KONE INC. using Omnia Partners Cooperative Contract No. EV2516 in an amount not to exceed $2,113,204.00 for escalator replacement and modernization capital improvements in the Amon Carter Building of the Will Rogers Memorial Center; 2. Adopt the attached appropriation ordinance adjusting estimated receipts and appropriations in the Public Events Capital Fund by increasing estimated receipts and appropriations in the WRMC Escalator Replacement project (City Project No.104044) in the amount of $530,000.00 and decreasing estimated receipts and appropriations in the WRMC Minor Renovation and Repair programmable project (City Project No. P00054) by the same amount; and 3. Amend the Fiscal Years 2024-2028 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication (M&C) is to authorize the execution of a capital improvement contract with KONE Inc. utilizing OMNIA Partners Cooperative Contract No. EV2516 in an amount not to exceed $2,113,204.00, including a contingency of $130,000.00 for potential related mechanical and electrical work if necessary, for the replacement and modernization of the four (4) escalators in the Amon Carter Building at the Will Rogers Memorial Center (WRMC) and to appropriate additional capital funding, amending the Fiscal Years (FY) 2024-2028 Public Events Department (PED) Capital Improvement Program (CIP). Originally, the PED strategy for addressing the Amon Carter Building escalators at WRMC was to complete improvements over several years in phases, however it was later determined that acceleration by appropriating total funding to execute a single project and contract for the complete replacement of all four (4) existing units would be most beneficial, as they are original to the building, have exceeded their life cycle and have not received mechanical or electronic upgrades since installation in the 1990's resulting in the need for safety elements to address future liability concerns. Overall maintenance to the existing units has become increasingly costly and repair parts are difficult to procure resulting in increased downtime. In July of 2022, PED engaged the services of a professional consultant to assess the full scope of work needed, draft technical specifications and assist in choosing a qualified contractor to complete the work. With the help of the consultant, the Property Management Department and Financial Management Services-Purchasing Division, PED seeks to execute a contract with KONE Inc. for these capital improvements utilizing an existing cooperative agreement through Omnia Partners (Contract No. EV2561) based on review of their proposal specific to WRMC, work history on other similar projects and proposed lead and completion time being within grant funding deadlines. Staff's review of pricing is determined it to be fair and reasonable. apps.cfwnet.org/council_packeUmc_review.asp?ID=31835&councildate=2/13/2024 1 /3 2/20/24, 12:30 PM M&C Review This project will completely remove the original escalators located in the northwest and southeast corners of the Amon Carter Building at WRMC and replace them with newly manufactured escalators incorporating the latest vertical transportation technology in order to improve overall performance, and increase reliability, safety and efficiency. Additionally, the newly installed escalators will result in an immediate positive customer experience. Funding for this project was approved in the FY 2022-2026 PED CIP in connection with ordinance 25073-09-2021, amended with M&C 22-0393, May 24, 2022 accelerating the funding and combining multiple phases into a single project and M&C 23-0646, August 8, 2023 reallocating American Rescue Plan Act (ARPA) funds, Subtitle M(Coronavirus State and Local Fiscal Recovery Funds) along with other active projects at WRMC. The additional appropriations from this M&C were not included in the current CIP proposal because the extent of the material and labor increases occurring in the market since initiation of the design phase for this project were unforeseen at the time of the CIP proposal. The actions in this M&C amend the FY 2024-2028 CIP as approved in connection with ordinance 26453-09-2023 and with approval of the attached appropriation ordinance, funding will be available in Public Events Capital and Grants Capital Projects Federal Funds for the award of the contract. COOPERATIVE PURCHASE: State law provides that a local government purchasing an item under a cooperative purchasing agreement satisfies state laws requiring that the local government seek competitive bids for the purchase of the items. Omnia Partners contracts have been competitively bid to increase and simplify the purchasing power of government entities. DIVERSITY & INCLUSION -A Business Equity goal is not assigned when purchasing from an approved purchasing cooperative or public entity. AGREEMENT TERMS - Upon City Council approval, the agreement will begin with contract execution and end with completion of the project. Staff anticipates that work will commence in March of 2024 with an estimated 8 to12 months to complete. ADMINISTRATIVE CHANGE ORDERS -An administrative change order or increase may be made by the City Manager or his designee up to the amount allowed by relevant Law and the Fort Worth City Code and does not require specific City Council approval as long as sufficient funds have been appropriated. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the WRMC Minor Renovation & Repair programmable project within the Public Events Capital Fund and in the ARPA WRMC Escalator RIP Replac project within the Grants Cap Projects Federal Fund upon approval of the recommendations and adoption of the attached appropriation ordinance, funds will be available in the Public Events Capital and Grants Cap Projects Federal Funds for the ARPA WRMC Escalator RIP Replac project to support the above recommendations and execution of the contract. Prior to an expenditure being incurred, the Public Events Department has the responsibility to validate the availability of funds. This is a reimbursement grant. Fund Department I Account I Project Program Activity Budget Reference # I Amount ID ID Year (Chartfield 2) FROM Fund Department Account Project Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: Reginald Zeno (8517) William Johnson (5806) Michael Crum (2501) Jo Ann Gunn (8525) apps.cfwnet.org/council_packeUmc_review.asp?ID=31835&councildate=2/13/2024 2/3 2/20/24, 12:30 PM M&C Review Keith Chisholm (2525) ATTACHMENTS 1295 Form.pdf (CFW Internal) 25COOP OMNIA EV2516 ESCALATOR REPLACEMENT MODERNIZATION PED funds availabilitv,pdf (CFW Internal) FID Kone Prj104044.x1sx (CFW Internal) ORD.APP 25COOP OMNIA EV2516 ESCALATOR REPLACEMENTMODERNIZATION PED 30205 r(2).docx (Public) SAMs - KONE INC..pdf (CFW Internal) Signed Omnia Contract.pdf (CFW Internal) apps.cfwnet.org/council_packeUmc_review.asp?ID=31835&councildate=2/13/2024 3/3