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HomeMy WebLinkAboutContract 44208CITY SECRETARY %!,. CONTRACT NO,, THE CITY OF FORT WORTH, TEXAS THIS COPY 1S FOR: CONTRACTOR T CITY SECRETARY SPONSORING DEPT PROJECT MANAGER TPW FILE COPY Will Rogers Memorial Center Richardson Bass Exhibit Area Renovation TPW2012-13 City Project No. 02078 FORT WORTH BETSY PRICE MAYOR TOM HIGGINS CITY MANAGER Douglas W. Wiersig, PE Director, Transportation & Public Works Department Kirk N. Slaughter Director, Public Events Hahnfeld Hoffer Stanford Modern Contractors, Inc. February 2013 02-26-1I j Al 0:5U IN City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 2/5/2013 - Ordinance Nos. 20607-02-2013 & 20608-02- 2013 DATE: Tuesday, February 05, 2013 REFERENCE NO.: C-26092 LOG NAME: 25WRMC RICHARDSON BASS EXHIBIT SUBJECT: Adopt Supplemental Appropriation Ordinance Increasing Appropriations in the Culture and Tourism Fund in the Amount of $2,054,400.00 and Decreasing the Assigned Culture and Tourism Fund Balance by the Same Amount, Adopt Appropriation Ordinance Increasing Appropriations in the Specially Funded Capital Projects Fund in the Amount of $2,054,400.00, Authorize Execution of a Construction Contract with Modern Contractors, Inc., in the Amount of $1,571,000.00 to Renovate the Richardson -Bass Building at the Will Rogers Memorial Center and Authorize Additional Construction -Related, Contingency, and Costs (COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council: 1. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Culture and Tourism Fund in the amount of $2,054,400.00 and decreasing the assigned fund balance by the same amount; 2. Authorize the transfer in the amount of $2,054,400.00 from the Culture and Tourism Fund to the Specially Funded Capital Projects Fund; 3. Adopt the attached appropriation ordinance increasing appropriations in the Specially Funded Capital Projects Fund in the amount of $2,054,400.00; and 4. Authorize the execution of a construction contract with Modern Contractors, Inc., in the amount of $1,571,000.00 for the renovations to the Richardson -Bass Building at the Will Rogers Memorial Center. DISCUSSION: This project will provide additional exhibit and meeting space in the Richardson -Bass Building for the many equestrian and livestock events that are scheduled through the year. The amount of exhibit and meeting space required to meet the needs of the facility users has increased, especially in the Richardson -Bass Building adjacent to the primary equestrian facilities. The project was advertised in the Fort Worth Star -Telegram on November 30, 2012 and December 7, 2012. On January 3, 2013, nine Offerors submitted proposals and on January 10, 2013, four of the nine submitted the required Post -Proposal Pre -Award documents. The proposals including Alternate No. 1 are as follows: • Modern Contractors, Inc. • Prime Contractors $1,571,000.00 $1,573,000.00 Logname: 25WRMC_RICHARDSON_BASS_EXHIBIT Page 1 of 3 i Company • Reeder General Contractors, Inc. '$1,598,000.00 • Steele and Freeman, Inc. $1,602,800.00 On January 16, 2013, the Best Value Selection Committee met and addressed the four proposals. The committee members included representatives from the Public Events Department, M/WBE Office, architectural consultant, and Transportation and Public Works Department. The four Offerors were evaluated and ranked as follows: Modern Prime Reeder Steele Evaluation Criteria Contractors, Construction General and Inc. Company Contractors Freeman Price 60 60 59 59 Schedule 10 10 10 10 M/WBE 5 1 3 3 Experience and reputation 10 5 5 10 Relationship with City 5 5 5 5 TOTAL 90 81 82 87 RANK 1 4 3 2 An additional amount of $483,400.00 is needed for ITS, FF&E, Geotech, Design, Contingency and staff cost. The overall project cost is expected to be in the amount of $2,127,000.00. However, the amount of $72,600.00 in design fees have already been funded leaving a remaining project cost in the amount of $2,054,400.00: • Design • Construction • ITS, FF&E, Geotech • Contingency, Staff Total $ 64,400.00 $1,571,000.00 $ 170,000.00 249,000.00 $2,054,400.00 Modern Contractors, Inc., is in compliance with the City's Business Diversity Ordinance by committing to 22 percent MBE participation on this project. The City's goal on this project is 22 percent. The project is physically located in COUNCIL DISTRICT 7, but will serve Fort Worth residents in ALL COUNCIL DISTRICTS. FISCAL INFORMATION / CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations, and adoption of the attached appropriation ordinances, funds will be available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. Upon approval, the assigned fund balance of the Culture and Tourism Fund will exceed the minimum reserve as outlined in the Financial Management Policy Statements. FUND CENTERS: TO Fund/Account/Centers FROM Fund/Account/Centers Logname: 25WRMC_RICHARDSON_BASS_EXHIBIT Page 2 of 3 1) 0004 539120 0246000 2&3) C291 472004 2470602078XX 3)C291 511060 207060207830 3)C291 531200 247060207830 3)C291 539120 247060207830 3)C291 511080 207060207880 3) C291 522500 247060207880 3)C291 531200 247060207880 3)C291 541200 247060207880 3)C291 541330 247060207880 3) C291 531450 247060207880 $2.054,400.00 2) 0004 538070 0246000 $2,054,400.00 4) C291 541200 247060207880 $15,000.00 $64,400.00 $5,000.00 $30.000.00 $40,000.00 $15,000.00 $1,775.000.00 $100.000.00 $10,000.00 CERTIFICATIONS: Submitted for City Manager's Office bv: Originating Department Head: Additional Information Contact: Susan Alanis (8180) Kirk Slaughter (2501) Kirk Slaughter (2501) ATTACHMENTS 1. 02078 PMP.odf (CFW Internal) 2. 25WRMC RICHARDSON BASS EXHIBIT C291 A013.doc (Public) 3. 25WRMC RICHARDSON BASS EXHIBIT GG04 SAO13.doc (Public) 4. Available Fund Balance GG04 01242013.xls (CFW Internal) 5. MWBE EXH SPACE WRMC.odf (CFW Internal) $2.054.400.00 $1,571.000.00 Logname: 25WRMC_RICHARDSON_BASS_EXHIBIT Page 3 of 3 RICHARDSON - BASS EXHIBIT AREA RENOVATION FORT WORTH® Project: TRANSPORTATION AND PUBLIC WORKS ARCHITECTURAL SERVICES BID TABULATION RENOVATION OF THE RICHARDSON BASS EXHIBIT A WILL ROGERS MEMORIAL CENTER 1591 RIP JOHNSON DRIVE FORT WORTH TEXAS Project #: TPW Project #: TPW 2012-13 Bid Date: JANUARY 3, 2013 Advertised: NOVEMBER 30, 2012 & DECEMBER 7, 2012 1 DESCRIPTION BASE PROPOSAL Alternate No. 1 ADDENDUM'S: CALENDAR DAYS: DESCRIPTION BASE PROPOSAL Alternate No. 1 ADDENDUM'S: CALENDAR DAYS: Denco CS Corporation 5525 Lyons Road Garland, Texas 75043 972-226-2609 972-226-0145 FAX ssmith@dencocs.com Tabulated by: Eng. Estimate: $ Addendums: 2 Modern Contractors, Inc. BID $ 1,324,000.00 $ $ 12,000.00 $ 4 116 6 FPI Builders, Inc. 2116 Wenneca Avenue Fort Worth, Texas 76102 817-336-1161 817-336-1164 FAX kevin@fpibuilders.com BID $ 1,627,100.00 $ 14,958.00 4 100 2008 Plaza Drive Bedford, Texas 76021 817-571-23320 817-571-5805 FAX ajacob@modemctrs.com BID 1,558, 000.00 13, 000.00 4 115 7 VICKI MCDONALD 1,700,000.00 4 3 Prime Construction Company 8101 Valcasi Drive, Suite 101 Arlington, Texas 76001 817-572-5550 817-572-6354 FAX ppc@primeconstructionco.com BID 1,559,000.00 $ 14,000.00 $ 4 122 8 Gilbert May Inc., dba Ed A. Wilson, Inc. Phillips/May Corporation $ $ 4861 Sharp Street Dallas, Texas 75247 214-631-3331 214-630-5607 FAX escobedo@phillipsmay.com BID 1,725,333.00 $ 15,181.00 $ 4 110 2704 Lipscomb Street Fort Worth, Texas 76110 817-926-0231 817-926-0691 FAX glangston@edawilson.com BID 1,782,000.00 12,752.00 4 122 4 Reeder General Contractors, Inc. 3005 Alta Mere Drive Fort Worth, Texas 76116 817-439-2022 817-439-2024 FAX lane@reedergeneral.com BID 1,560,000.00 38,000.00 4 110 9 Malex Enterprises LLC 3101 Arrow Lane Fort Worth, Texas 76114 817-439-4396 817-4394396 FAX mike@malexenterprises.com BID BID BOND NOT SUBMITTED 5 Steele & Freeman, Inc. 1301 Lawson Road Fort Worth, Texas 76131 817-232-4742 817-232-9113 FAX mfreeman@steelefreeman.com BID 1,590, 000.00 12,800.00 4 120 1 of 1 FORT WORTH. CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 1 WILL ROGERS MEMORIAL CENTER RICHARDSON-BASS EXHIBIT AREA RENOVATION Request for Proposals Submittal Date: January 3, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. The Pre -Proposal Conference was held at 2:00 PM, December 11, 2012 at Richardson - Bass Building at Will Rogers Memorial Center located at 1501 Rip Johnson Drive. Attached is the Pre -Proposal Attendees List. (Attachment No.1) 2. Additional General Contractors' information is included. Note: This additional list is of general contractors that were not in attendance for the pre -submittal conference. (Attachment No.2) 3. Refer to Hahnfeld Hoffer Stanford's attachment for the following revised Architectural drawings: Cover Sheet, Sheet A1-1 and Sheet A5-1; and for, the addition of the following Audio/Visual drawings: Sheets AV0.0 through AV4.0 including specification Section 11770 — Sound Reinforcement Systems. (Attachment No.3) 4. Replace the paragraph, in Section A-10 MINORITY BUSINESS ENTERPRISE (MBEI POLICY of the "General Conditions of the Contract for Construction" with the new paragraph below: As of June 1, 2012, The City of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the M/WBE Office at 817-212-2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6) county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are stronalv encouraaed to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. 5. Replace the paragraph, in Section E-4 MINORITY BUSINESS ENTERPRISE (MBE) of the "General Conditions of the Contract for Construction" with the new paragraph below: General: As of June 1, 2012, The City of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the M/WBE Office at 817-212-2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (61 county geographic marketplace that have been accepted by the City. Addendum No.1 — Cover Sheet Page 1 of 2 WRMC Richardson -Bass Exhibit Area Renovation December 2012 FORT WORTH-Irpi•g' _ The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are stronalv encouraaed to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. 6. Replace subparagraph No.2, under paragraph - Justification for change of subcontractors may be granted for the following, in Section E-4 Minority Business Enterprise (MBE) of the "General Conditions of the Contract for Construction" with the new paragraph below: 2. An MBE's -failure to provide evidence of general liability or other insurance. - under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1) the limits required of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non -MBE subcontractor's/subconsultant's or suppliers; or 7. Replace subparagraph No.4.(b), under paragraph - Justification for change of subcontractors may be granted for the following, in Section E-4 Minority Business Enterprise (MBE) of the "General Conditions of the Contract for Construction" with the new paragraph below: b) If reasonably practicable, request bids from previously non -bidding MBEs, and 8. Replace the Advertisement dates, in the "NOTICE TO OFFERORS" as follows: Advertisement: November 30, 2012 December 07, 2012 Acknowledge the receipt of this Addendum No. 1 on your Proposal. Douglas W. Wiersig, P.E. Director, Transportation & Public Works Department By: Alfonso Meza Project Manager Architectural Services, Facilities Management Group 817-392-8274, FAX 817-392-8488 RELEASE DATE: December 13, 2012. Addendum No.1 — Cover Sheet Page 2 of 2 WRMC Richardson -Bass Exhibit Area Renovation December 2012 City of Fort Worth TPW Department Facilities Management Name P R►u41 Caws 04ga) 4 _A Itql415 -S i € v£N VA/A".. L be.cl-Pal k+, QX?&v emit/ /1 WRMC RICHARDSON-BASS EXHIBIT AREA RENOVATION PRE -PROPOSAL 2:00PM, Tue, 11 Dec 2012 Organization Telephone & FAX d- 2.'5-''-35$`' q-r A3 b A.62-2. coMMBRQ Pa.. (4'I2:14-31.0 AE32.2 ,J7 232 - 4-74-2- �' 8t 7 23z- /i( 7-2 d-SAr7-It- 979- PD9-Yd3 COnsT/L I r,,n , aI1 -; 4 Y - 9'007 \Ai-HAI-Tv tiler hre4v / (19 11/ 19°7 '461- -o'ad 46.1-1zy-DSb1 t733611t 1 f 336-1!(,4 5017-431-3075_ 472 - 3 ZZ-3zto Architectural Services 401 West 13th Street Fort Worth, TX 76102 Email Sc&c)o- t -S71/ e e41 a-s-nrf�Tt&IC?j.3GCom •erml -CRc c -a-cc c m . cc wtUn.Cow1 5 JAN �y $�JdGi/�� t7`code- 1 be oi-o, e- tat ►-i-i 113 - �-- rner. 14iIbltoat"iisczro ,f/p/AfAeviidt. K0v6 • ca / inp r r y to 3 . Co azt 110A I kilAtoks 211,.. !Lie 4-?(1 . C- 61.4,1 Go Stk..t1 1o•4 City of Fort Worth TPW Department Facilities Management Name Organization WRMC RICHARDSON-BASS EXHIBIT AREA RENOVATION PRE -PROPOSAL 2:00PM, Tue, 11 Dec 2012 Telephone & FAX Email $1 `i 237 z 4 tc ('Lrk D0,1>-4c 806ecay.,, o5S& Jr-7 5'8°1 0054 l'I 483 ?,6oc Att-k_ 1111644-aAt- Er\141-prisT, Architectural Services 401 West 13th Street Fort Worth, TX 76102 ALLrAth trUCr(t1L. co tIOc Acet j baSeC im i Inc. Cdf c EEC oP2( City of Fort Worth TPW Department Facilities Management Name lAtiwz.(1 5'- Organization WRMC RICHARDSON-BASS EXHIBIT AREA RENOVATION PRE -PROPOSAL 2:OOPM, Tue, 11 Dec 2012 Telephone & FAX Email Architectural Services 401 West 13th Street Fort Worth, TX 76102 6?-1)Y01-11-1''. 870-Lt. Co (74 .rTW,... k4 e"-kor‘ • c�a 91A � 2-4 S-_ -7 916 o -o qt1 X c %Idea -A @ cbir r cle-" cAv,. ca Yn go2;t't 4'66 atq Aso J O ikg-1ifflM) co:4- rr-x. a« 7Sa WI go ;3 74-007.7! -rr Pl; a -.3 72-o 3 -F ( n _ Zfiy 75-01420 r _ , (�1 f 2 ov�.i't�`z v'1(,�.�t1. l t) 2147.s o L£W Z(i-S7 1 --a3�o LEOPA- RD V( -rii( th°D RN co N-igArro,Q5 z5005-A 311-2t l- --iq Ph Cdn044-70.},,ko(1-wo v.o Mrai" Zcjo C VJ - nu) 6 , on- 7 -2G rhX 14 C Q o `K, C o,rh . Jvct c._g,So Aei (2:010 .A b u y e `' S two -"Pio i !/Fr, Srs AiZ 3-irkUI/na ) CO .G941 LVv rE/ Cc) jh b -( 3of4 4/A-fiiC C 0flp.i! T%42 ( &2rspi-4'N JMAJ -1- i r d ...Q.i _, k x--et spIrteic_ALt4 64.-4 , �l4l A A letiu. 4, f k . n ian93 ►4, c ►G.c . err. /26-64ec (T.q o 365 t3Cdo ter*5614/1.' (iPNOAje, ) 2,y-d 7y g zu 74Ddir',.tCt4n gryra(/5iM,2�i.Go^ d233 .P NotGVelaNeg)... Yi gltm &DOI`t' . 5�rvhi Con14c%At/ i -Sfh 9su . ..t ive-c.a, CO Al 181141 1t4Cla 'Px 3t,— 11510tosaarPreegervaiveria.com. .,'w�3?e' 2Et,4.�. 2<7 `t'i. s ytvrr- Cans).- . S awr►f merre,�� o'r ne„,.. 60IM. 9t7 fn? L g'a v/ _ WP-tkc- k!-AcIA4b 1. bI"c` ,t'►, A $f1 11iov pc>—c161216AL 451 A 04 l'-oa f '-ruE ii >Dl2 FORT WORTH. Will Rogers Memorial Center Richardson -Bass Exhibit Area Renovation Additional General Contractors List 1. Kevin S. Drake Vice President FPI Builders, Inc. 2116 Wenneca Ave. Fort Worth, Texas 76102 Office 817-336-1161 Fax 817-336-1164 Cell 817-401-8790 2. Carrie Mayo Special Projects Coordinator Dennett Construction 817.882.9420 Office 817.882.9424 Fax 682.203.1896 CeII CarrieM@dennettconstruction.com Addendum No.1 — Additional General Contractors List Page 1 of 1 WRMC Richardson -Bass Exhibit Area Renovation December 2012 200 Bailey Avenue, Suite 200 Fort Worth, Texas 76107 817.921.5928 Offico 817.302.0692 Fax hahnfeltl.com December 12, 2012 Illahraficild 1-1lo,i iferf Marf>l'If©red architects / I,loiinei s / inter io,s Richardson -Bass Exhibits Area Will Rogers Memorial Center Fort Worth, Texas ADDENDUM NUMBER ONE: Bidders are advised of the following and shall be governed accordingly: ARCHITECTURAL DRAWINGS 1, Cover Sheet: a, Revise "Index of Sheets" as indicated on full- size reissued Cover Sheet, attached hereto. 2. Sheet A1-1: a. Revise notes as indicated on revised full-size reissued drawing sheet, attached hereto. 3. Sheet A5-1: a. Revise notes as indicated on revised full-size reissued drawing sheet, attached hereto. AUDIO/VIDEO PROJECT MANUAL 1. Add New Specification Section 11770, "SOUND REINFORCEMENT SYSTEMS", attached hereto. Add to "TABLE OF CONTENTS". 11042-00 ADDENDUM NO. 1 Page 1 of 22 DRAWINGS 1. Add New Sheet AV0.0, attached. 2. Add New Sheet AV1.0, attached. 3. Add New Sheet AV2.0, attached. 4. Add New Sheet AV3.0, attached. 5. Add New Sheet AV4.0, attached. ATTACHMENTS: NUMBER OF PAGES/SHEETS Specification Section 11770 — SOUND REINFORCEMENT SYSTEMS 12 Architectural Full Size Drawings 3 AudioNisual Full Size Drawings 5 END OF ADDENDUM NO. 1 EXCEPT ATTACHMENTS 11042-00 ADDENDUM NO. 1 Page 2 of 22 SECTION - 11770 - SOUND REINFORCEMENT SYSTEMS PART 1 - GENERAL 1.1 DESCRIPTION OF THE WORK A. The complete Sound Reinforcement Systems (hereafter referred to as Sound Systems) include the following items. 1. Sound Systems in multiple venues for meeting room use. System shall be installed to provide separate/combined function in the Exhibit Hall and breakout meeting rooms. 2. Recessed ceiling loudspeakers as designated 3. Ancillary devices related to the input, mixing, processing, and amplification of audio into the systems. 1.2 RELATED DOCUMENTS A. General Conditions and Requirements, Special Provisions, and applicable portions of Division 1 of the general contract are hereby made a part of this section. B. Architectural, Structural, mechanical, electrical, and other applicable documents are considered a part of the Sound Systems documents insofar as they apply as if referred to in full. 1.3 SCOPE OF THE WORK A. These Specifications, together with the related drawings and General Conditions of the contract, comprise the requirements for the Sound Systems for the project. B. Furnish, deliver, erect, install and connect completely all of the material and appliances described herein and in the Drawings, and supply all other incidental material and appliances, tools, transportation, etc., required to make the work complete, and to leave the AV Systems in first class operating condition, excluding those items listed under Section 1.10, RELATED WORK IN OTHER SECTIONS. C. Perform all assembly of equipment, wiring and inter -connection and soldering of wires to jacks, devices, terminals or equipment, using technical employees only, who are experienced in the installation of Sound Systems equipment and its inter -connection. Coordinate final utility rough -in locations with actual equipment furnished. D. Verify dimensions and conditions at the job site prior to installation, and perform installation in accordance with these Specifications, manufacturers' recommendations and all applicable code requirements. 1.4 QUALITY ASSURANCE A. The intent of these Specifications is to describe and provide for complete Sound Systems of high professional quality and reliability. Professional performance standards by the Sound Systems Contractor (hereafter referred to as Installer) and the equipment will be required. B. In all cases, the Owner and Architect shall determine the acceptability of the work based upon the visits, observations, and reports of the Sound Systems Consultant (hereafter referred to as Consultant). 11042-00 Addendum No. 1 11770 - 1 1.5 SUBSTITUTIONS A. Refer to Division 1 for specific substitution procedures and submittal requirements. B. Many items are listed in the Specifications by the manufacturer's type or model number, without a detailed performance specification, and may not include the phrase "or approved equal". Where this is the case, no substitutions will be accepted, without a written request from the Installer and the written consent of the Consultant. C. Where the phrase "or approved equal" appears, the item specified shall set a standard of quality and performance, based on the published specifications of the manufacturer and on the actual performance as known by the Consultant. D. Requests for substitution, when forwarded by the Installer to the Consultant, are understood to mean that the Installer represents that he has personally investigated the proposed substitute product and determined that it is equal to or superior in all respects to that specified, that the same guarantee will be provided for the substitution as for the specified product, and that the Installer will coordinate the installation of the accepted substitute, making such changes as may be required for the work to be complete in all respects. E. Substitutions will not be considered if they are indicated or implied in Shop Drawing submissions without previous formal request, or, for their implementation, they require a substantial revision of the Contract Documents in order to accommodate their use. F. Space allocations and utility rough -ins have been designed on the basis of equipment items named by manufacturer andmodel number. If any equipment not so named is offered which differs substantially in dimension or configuration from the named equipment, provide scaled shop drawings showing that the substitute can be installed in the space available without interfering with other trades or with access for operation and maintenance in the completed project. The Installer shall coordinate final utility rough -in locations with actual equipment furnished. G. Where substitute equipment requiring different arrangement or connections from those shown in the drawings is accepted by the Consultant, install the equipment to operate properly and in harmony with the intent of the Drawings and Specifications, making all necessary incidental changes without increasing the Contract amount. Pay all additional costs incurred by adjoining or connecting trades. H. All requests for substitutions shall be submitted at least five (5) business days before the bid opening date. Substitutions shall be requested and approved in writing only, based upon these criteria. 1.6 INSTALLER QUALIFICATIONS A. The work performed under this Section shall be performed by a Sound systems contractor, normally engaged in the business of Sound systems installation. The prospective contractor shall show proof, as part of the bid that the contractor has been in the Sound Systems installation business for a period of not less than five years and has successfully completed projects of similar size and scope, B. Each bidder shall hold a current, valid franchise for the major lines of Sound equipment furnished by him under these Specifications. 11042-00 Addendum No, 1 11770 - 2 C. The Owner and Architect reserve the right to reject any bids submitted by firms without sufficient experience in projects of similar size and scope. 1.7 COOPERATION AND COORDINATION A. Cooperate and coordinate as required with the other contractors who are responsible for work not included in this section, B. Provide any and all information as required or requested by the Owner, Architect, Consultant, or General Contractor in order for this work to be completed to the satisfaction of the Owner, and in the best interests of the Project. Such assistance or information shall be transmitted in writing to the requesting party in all cases, All written correspondence shall be copied to the Consultant. 1.8 GUARANTEE AND WARRANTY A. Guarantee all parts, labor, and workmanship furnished under this contract for a period of twelve months from the date of substantial completion. B. During the warranty period, report to the site and repair or replace any defective materials or workmanship without cost to the Owner. Warranty service shall be rendered within 48 hours after request by the Owner. Equivalent replacement equipment shall be temporarily provided when immediate on -site repairs cannot be made. C. Where warranties on individual pieces of equipment exceed twelve months, the guarantee period shall be extended to the warranty period of the particular items. D. Furnish complete and working Sound Systems, Be of maximum assistance to the Owner during the guarantee period of the system, to the degree that maximum Owner satisfaction is assured. E. After completion of the work, the Installer shall submit a Certificate of Warranty, stating commence and expiration dates and conditions of the warranty, for signature of both parties. Incremental warranties for completed portions of the work may be negotiated at the discretion of the Owner, if delays occur beyond the control of the Installer. 1.9 SHOP DRAWINGS AND SUBMITTALS A. Completely detailed shop drawings shall be prepared prior to the procurement of equipment or commencement of work. With permission from the Architect, electronic files of select drawings will be made available to the Installer from the Consultant for a $500.00 USD handling and service fee. The available drawings shall include only: (1) Legend/Advisory Power Requirements, (2) Conduit Riser, (3) Floor and Reflected Ceiling Plans, (4) Section Views. Drawings shall be prepared and submitted on 30" x 42" paper. Equipment lists, data sheets, etc, shall be 8-1/2" x 11" size, properly bound into a single or multiple volumes as necessary. Submit quantity in accordance with Division 1, General Requirements. B. Within 45 days after the notice to proceed, submit to the Architect identical copies of the following for approval: 1, A complete equipment list, with manufacturers' names, model numbers, and quantities of each item; 2. Manufacturers' data sheets on all equipment items; 3. Equipment rack layouts showing locations of all rack mounted equipment items; 11042-00 Addendum No. 1 11770 - 3 4. Floor plans and reflected ceiling plans, prepared at a scale of not less than 1 /8" =1 `-0", showing loudspeaker locations and orientation, wall plates, and all other related device locations; 5. Proposed construction details for any standard or custom fabricated items, including loudspeaker mounting and rigging details, custom interface panels, patch panels, and wall plates. These details shall show dimensions, materials, finishes and color selection; 6, Loudspeaker mounting details shall be certified by a structural engineer licensed in the State of installation; 7. Comprehensive system schematics, showing detailed connections to all equipment, with wire numbers, terminal block numbers, and color coding; 8. Riser diagrams showing conduit requirements with pull boxes, outlet boxes, physical cable layouts, part numbers of cable types used, and number of circuits in each conduit; 9. Electrical power requirements for head -end and ancillary equipment. Include diagrams for any remote control of electrical power, in sufficient detail to coordinate with the electrical contractor, showing exact conduit requirements and locations for switched duplex receptacles; 10. Certain other submittals as noted elsewhere in this specification, and as may be required for various equipment items prior to construction, fabrication, or finishing of that item; 11. Submission of the Sound System contract documents/bid documents does not constitute a legitimate submittal and will not be reviewed; 12. Incomplete submittals will not be reviewed. C. All final documentation shall be submitted and approved before final acceptance by the Owner will be granted. Submit the following in accordance with Division 1, General Requirements, 1. A complete as -installed equipment list, listed by room, with manufacturers' names, model numbers, serial numbers, and quantities of each item; 2. A complete and correct system schematic, showing detailed connections for all parts of the system, including wire numbers, terminal block numbers and layouts, and other designations and codes. System performance measurements as noted elsewhere in this specification shall be documented. Include diagrams or charts showing final settings of all control knobs in the system (mixers, equalizers, power amplifiers, etc.). Submit copies of processor data files with software settings of each piece of equipment that is software controlled; 3. Complete equipment rack layouts showing locations of all rack mounted equipment items; 4. Floor plans and reflected ceiling plans, prepared at a scale of not less than 1 /8" =1 `-0", showing loudspeaker locations and orientation, wall plates, rack locations, and other related device locations; 5. Riser diagrams showing as -installed conduit with pull boxes, outlet boxes, physical cable layouts, part numbers of cable types used, and number of circuits in each conduit; 6. Manufacturer's warranties and operating instructions for each and every equipment item furnished. Include a copy of the certificate of warranty, signed by both parties. 7. Technical Systems Operations Manual, custom -written by the Contractor, for the purpose of instructing the Owner's operating personnel in the detailed step-by-step operation of the system and preventive maintenance procedures. This manual shall include descriptions of the system components and their relationship to system function. This manual shall be bound separately and labeled appropriately. 8. Incomplete submittals will not be reviewed. 1.10 RELATED WORK IN OTHER SECTIONS A. All conduit with pull strings, all electrical pull boxes, and all outlet boxes shall be furnished and installed under the electrical section of Division 26. Conduits shall be run continuously from outlet box to outlet box. Conduit stub -outs are not acceptable except as noted. Coordinate as necessary for proper installation. 11042-00 Addendum No. 1 11770 - 4 B. All 120VAC power conductors and conduits associated with power circuits to all equipment locations shall be furnished and installed under the electrical section of Division 26. The 120VAC power to the equipment racks shall be terminated inside the racks to electrical contractor supplied isolated -ground duplex receptacles. C. An insulated THW stranded copper ground wire, sized according to NEC, shall be installed under the electrical section of Division 16 from the equipment racks sheet metal to the primary ground point within the building, and terminated at each end to bare metal using approved connectors and damps. D. All built-in millwork and grille cloth shall be furnished under other sections. E. Electrical circuits shown in the Sound System drawings are for reference only in depicting the number of electrical circuits needed for operation of these systems. PART 2 - PRODUCTS 2.1 GENERAL A. All items shall be new and unused. B. The following sections specifically list the acceptable equipment types and items for this project. Where quantities are not noted, they may be obtained from the drawings. In the event of a discrepancy between the specifications and the drawings, the greater quantity or better quality shall be furnished. C. Refer to Section 1.5, SUBSTITUTIONS of this specification. 2.2 WIRE AND CABLE A. All wire and cables shall be new and unused. B. Wire not installed in equipment racks, not portable, or not installed in conduit shall be plenum -rated and meet all applicable codes. C. Constant voltage (70.7-volt) loudspeaker cable: 1. Less than 300 feet: West Penn 225 stranded 16AWG jacketed twisted pair, or approved equal. 2. 300 feet to 500 feet: West Penn 226 stranded 14AWG jacketed twisted pair, or approved equal. 3. 500 feet or more: West Penn 227 stranded 12AWG jacketed twisted pair, or approved equal. D. Microphone -level audio cable (installed in conduit, not portable): West Penn 452 stranded 22AWG twisted pair with foil shield, or approved equal. E. Line -level audio cable and all inter -rack audio cable: West Penn 452 stranded 22AWG jacketed twisted pair with foil shield, or approved substitution. F. Twisted Pair Data Cable for use with network audio systems: Mohawk M57414 Gigalan CAT6E or approved equal. 11042-00 Addendum No. 1 11770 - 5 G. Other equipment control cables shall be stranded wire, appropriately shielded, of gauge and number of conductors required by the manufacturer for proper operation of the system or equipment item furnished. H. Wire and cable for all other devices shall be supplied in accordance with the recommendations of the device manufacturer and the National Electrical Code. 2.3 JACKS, CONNECTORS, AND WALL PLATES A. All plate -mounted connectors shall be ground -insulated from the plates on which they are mounted. B. Floor -mounted jacks, unless noted otherwise, shall be installed in floor pockets (described in this section). The interior plates shall be painted or anodized black. Nomenclature shall be engraved into the interior plate of each floor box with 1/8" block letters filled with white paint. C. For non-standard custom panels, connectors shall be installed on 1/8" thick black anodized brushed aluminum panels. Nomenclature shall be engraved into the panels with 1/8" block letters filled with white paint. D. All other jacks shall be installed on standard brushed stainless steel finish plates. Nomenclature shall be engraved into the plate with 1/8" block letters filled with black paint. E. All microphone locations shall be numbered logically and consecutively, starting from one (1). F. Unless otherwise specified, all jacks and connectors for the AV systems shall be as follows: 1. Microphone and line -level input jacks: Neutrik NC3FD-L-1-B 3-pin female XLR panel -mount jacks with gold-plated contacts, or approved equal. 2. Audio output jacks: Neutrik NC3MD-L-1-B 3-pin male XLR panel -mount jacks with gold- plated contacts, or approved equal. 3. Female cable -end audio connectors: Neutrik NC3FX-B 3-pin female XLR connectors with gold-plated contacts, or approved equal. 4. Male cable -end audio connectors: Neutrik NC3MX-B 3-pin male XLR connectors with gold- plated contacts, or approved equal. 5. CAT6 cable end connectors: Panduit SP688-C TX6 Plus UTP or approved equal modular plug. 6. Assistive listening antenna jacks: 50-ohm panel mounted BNC, per manufacturer recommendations. 7. Furnish and install the required number of jacks and connectors as shown on the drawings. 2.4 EQUIPMENT RACKS AND POWER DISTRIBUTION A. Furnish equipment racks for use in housing equipment including, but not limited to, power amplifiers, signal processors, . microphone splitters, playback equipment, intercom equipment, etc. B. Equipment rack colors shall be satin black. All mounting screws shall be theft resistant. C. Heat -producing components — such as power amplifiers — shall be mounted with one 1- 3/4" vent panel installed between units. Fill all other portions of unused rack front sections with matching blank panels. 11042-00 Addendum No. 1 11770 - 6 D. Power distribution within racks shall be supplied via sequentially switched convenience outlets, allowing incremental switching of components. Program so that when rack power is switched, power amplifiers are last to turn on, and first to turn off. E, Install the required number of units, of sufficient size to accommodate the equipment specified, at the locations indicated in the drawings. F. Furnish (5) sets of spare keys for each equipment rack. G. All mounting screws shall be theft resistant. H. Furnish and install the following: 1. Floor Mounted Equipment Rack (SR*): Middle Atlantic Products WRK-44-32 gangable rack with FD-44 Front Doors, SPN-44-312 side panels, MW-VRD-44 Rear Doors, and LF Leveling Feet, or approved equal. Provide MW-4QT-FC fan top with integrated controller, WL-60 rack work light, and WR-RR-44 rear rack rail kit for each rack supplied. (Qty: as shown) 2. Rack drawers: Middle Atlantic D3-LK 3RU rack drawer with lock, or approved equal. (Qty: as shown) 3. Rackmount power conditioner/distribution unit: Middle Atlantic PD-920R, or approved equal. (Qty: as shown) 4. Uninterruptible Power Supply (UPS): Middle Atlantic UPS-2200R 2150VA UPS, or approved equal. (Qty: as shown) 5. Power Sequencers: Middle Atlantic USC-6R, or approved equal sequencer controllers. Provide MPR series raceways with RLM-201GA (Sequenced) and M-201GA (Non - sequenced) duplex outlet modules for each sequenced system. Provide all raceway connection and mounting accessories for proper termination by Div. 26. (Qty: as shown) 2.5 DIGITAL SIGNAL PROCESSING A. The Digital Signal Processor shall be a stand-alone unit of one rack space, capable of providing a fully -functional system with a total of 16 analog inputs /analog outputs configurable by Input Cards and Output Cards in banks of 4, without the need for a dedicated, on-line computer system. The analogue inputs shall have a remotely -adjustable gain stage prior to A/D conversion. The system designer shall be provided complete flexibility in system configuration. B. Combination Microphone / Line inputs shall be provided, together with channel -selectable 48 volt phantom power per input. The unit shall provide a tamper -proof front -panel with no user -adjustable controls. Front panel LED indicators will provide monitoring of signal presence, clip and network status. Analog / Digital and Digital / Analog conversion shall be by 24-bit A-D converters and 24-bit D-A converters to provide maximum operating headroom and performance. The Dynamic Range shall be 105Db minimum (unweighted, 108Db A -weighted), with a THD figure of less than 0.01 %. C. Input and Output connections are provided via modular, Phoenix / Combicon style hardware. Mating connectors shall be supplied with each unit on delivery or in advance. D. The Signal Processor shall be fitted with a digital audio bus. The bus shall allow transfer of 256 channels of audio (at 48kHz sample rate, 128 channels at 96kHz) on a point to point connection between devices using Category 5e cable terminated on RJ-45 connectors and be stable over distances up to 100 meters between devices. The bus shall also feature redundancy by completing the connection in a ring. 11042-00 Addendum No. 1 11770 - 7 E. System configuration shall be by a Personal Computer, which may be disconnected after configuration without affecting installed operation of the unit. System configurations shall be stored in each processing device, and these configurations shall not be limited by factory -only presets or pre -determined processing. It shall be possible to configure a number of system presets, which may be recalled at any time via the PC or external control devices. F. The control software shall provide a palette of audio processing objects for use in system designs to include, but not be restricted to: Crossovers, Compressors, Gates, Duckers, Expanders, Limiters, Gain blocks, Graphic Equalizers, Stereo Graphic Equalizers, Parametric Equalizers, Stereo Parametric Equalizers, Filters, Metering points, Delays, Mixers, Matrix Routers, Matrix Mixers, Source Matrices, Tone Generators, and Source Selectors. The software shall provide the facility to construct user -defined control panels incorporating elements of the processing object parameter controls. Multi -level password -based security shall protect the integrity of the system. G. Furnish and install the following, mount as indicated in the drawings. 1. Digital Signal Processor #1: BSS BLU-160 with BLU-Link digital audio bus. (Qty: 1 ea.) 2. Digital Signal Processor #2 & #3: BSS BLU-120 with BLU-Link digital audio bus. (Qty: 2 ea.) 3. Digital Signal Processor: BSS BLUCARD-IN mic/line input card. (Qty: 7 ea.) 4. Digital Signal Processor: BSS BLUCARD-OUT line output card. (Qty: 5 ea.) 5. Control panel: BSS BLU-10-BLK. Mount in junction box "C". (Qty: 6 ea.) 6. Ethernet Switch: Cisco SGE2000P 24-port 10/100/1000 Mbps Power -over -Ethernet switch, to include power supply and rackmount kit. Provide data cabling to satisfy the associated schematic oneline drawings. (Qty: as shown) 1-1. Successful Contractor shall be responsible for programming the software configuration file for each system based on intended functionality shown in the drawings. Programming shall include integration with the remote control panels for remote operation of each sound system. Contractor shall provide a review copy of each file to the Consultant for review at the latest two weeks prior to schedule commissioning trip. 2.6 CEILING MOUNTED LOUDSPEAKER ASSEMBLIES A. Furnish ceiling mounted loudspeakers at the locations noted on the drawings. B. Each ceiling speaker shall be installed in a recessed enclosure. Furnish braces designed to provide additional support to the weight of the speaker and prevent tile sag. Coordinate exact locations with the Architect. Connect the loudspeakers as indicated in the drawings. C. Tap the transformers as indicated in the drawings. Measure and record the impedance at 1000Hz of each home run at the amplifier terminals. Include the measurements in the final documentation. D. Verify factory loudspeaker color prior to product acquisition. Baffles shall be painted a color selected by the Arch./Owner. Coordinate with the Architect regarding color selection. E. Furnish and install the following: 1. Type "S" loudspeakers: Community D6 6-inch recessed ceiling speaker, or approved equal. (Qty: as shown) 11042-00 Addendum No. 1 11770 - 8 2.7 POWER AMPLIFIERS A. Each power amplifier shall have an input connector which is either a screw -type barrier strip or XLR type. Output connections shall be barrier strip. Other types of connectors shall not be accepted. B. All power amplifiers shall have detented stepping input level controls. Install amplifiers in the equipment racks as recommended by the manufacturer and connect as indicated in the drawings. C. Furnish and install the following: 1. 800 watts per channel at 70-V, 2-channel: QSC CX1202V, or approved equal. (Qty: as shown) 2. 200 watts per channel at 70-V, 4-channel: QSC CX204V, or approved equal. (Qty: as shown) 2.8 MICROPHONES A. Provide microphones and related devices for multipurpose use, B. Furnish the following: 1. Sennheiser e 845 hand held vocal microphone, or approved equal. (Qty: 4 ea.) 2. Microphone stands: Atlas Sound MS-12CE, or approved equal. (Qty: 4 ea.) 3. Whirlwind MKQ25-Black microphone cables. (Qty: 4 ea.) PART 3 — EXECUTION 3.1 INSTALLATION A. Furnish components, racks, wire, cabinetry, connectors, materials, parts, equipment and labor necessary for the complete installation of the systems, in full accordance with the recommendations of the equipment manufacturers and the requirements of the drawings and specifications. B. Installation shall follow standard broadcast wiring and installation practice, and shall meet or exceed industry standards for such work, with particular attention given to any installation instructions in Part 2 of these Specifications. C. Equipment shall be held firmly in place with proper types of mounting hardware. All equipment affixed to the building structure must be self-supporting with a safety factor of at least five. All equipment shall be installed so as to provide reasonable safety to the operator and occupants. Supply adequate ventilation for all enclosed equipment items which produce heat. D. Furnish the system to facilitate expansion and servicing using modular, solid-state components. All equipment shall be designed and rated for continuous operation and shall be UL listed, or manufactured to UL standards. E. Observe proper circuit polarity and loudspeaker wiring polarity. No cables shall be wired with a polarity reversal between connectors with respect to either end. Special care shall be taken when wiring microphone cables, to insure that constant polarity is maintained. Balanced audio connectors shall be wired as follows: 11042-00 Addendum No. 1 11770 - 9 Wire Connector Signal Black Pin #3 or Ring Negative Red or White Pin #2 or Tip Positive Bare Pin 111 or Shield Ground F. Provide all audio circuits balanced and floating, except as noted in the Specifications or directed by the Consultant at the time of final equalization and testing. Shields of audio cables shall be grounded at one end only, at the outputs of the various equipment items in the system. G. Route cables and wiring within equipment racks and cabinetry according to function, separating wires of different signal levels (video, microphone level, line level, amplifier output, 120VAC, intercom, control, etc.) by as much physical distance as possible. Neatly arrange and bundle all cables loosely with plastic cable ties. Cables and wires shall be continuous lengths without splices. H. All system wire, except spare wire, after being cut and stripped, shall have the wire strands twisted back to their original lay and be terminated by approved soldered or mechanical means. No unterminated wire ends will be accepted. Heatshrink type tubing shall be used to insulate and dress the ends of all wire and cables. Include a separate tube for the ground or drain wire. I. All cables in conduits shall be insulated from each other and from the conduit the entire length and shall not be spliced. All cables and wires are to be continuous lengths without splices. J. All solder joints and terminations shall be made with rosin -core solder. K. Temperature regulated soldering irons rated at least 60 watts shall be used for all soldering work. No soldering guns or temperature unregulated irons shall be used on the job site. L. Mechanical connections shall be made using approved connectors of the correct size and type for the connection. Wire nuts will not be accepted. M. Each mechanical connector shall be attached using the proper size controlled -duty -cycle ratcheting crimp tool which has been approved by the manufacturer of the connectors. Conventional non-ratcheting type crimping tools are unacceptable, and shall not be used on the job site. N. Label all wires in racks and console as to destination and purpose with permanent labels. Clearly and permanently label all controls and connections at the front and back of the rack with permanent labels. Wall plates and custom panels shall be engraved and filled with contrasting paint, unless otherwise noted. All labeling shall be completed prior to final system inspection. 3.2 SOUND SYSTEMS FINAL TESTING AND EQUALIZATION A. Installer shall perform thorough preliminary testing of the Sound Systems prior to the final inspection by the Consultant. All systems and subsystems shall be tested to ensure that they are in proper working order and meet the performance specifications outlined in Part 3.03 below. Perform preliminary programming and setup of digital signal processors as necessary to conduct these tests. 11042-00 Addendum No. 1 11770 - 10 B. The completed Sound Systems shall be physically inspected by the Consultant to assure that all equipment is installed in a neat and professional mariner, and in accordance with these Specifications. The Audio -Video systems shall be inspected and equalized by the Consultant, BAi, Austin, Texas with assistance from the Installer. There is a fee associated with this work. A purchase order in the amount of $3,600 from the Contractor to the Consultant will be required when the Contractor's submittal is forwarded for review. Contact BAi at 512-476-3464 and provide a minimum of two weeks' notice to the Consultant for final inspection and equalization. C. The testing and equalization work shall be performed after the installation work has been completed, but prior to any use of the system. During the testing and equalization work, the Installer shall have on the job site one (2) competent technicians who are familiar with the project, and who will be prepared to stay as long as their services are needed. It is estimated that approximately twenty-four (24) hours will be required for this work. D. The process of equalizing and testing the system may necessitate moving and adjusting certain loudspeakers. Adjustments shall be performed without claim for additional payment. E. Coordinate as necessary to ensure totally quiet rooms during the Audio -Video systems testing and balancing period. F. Prior to requesting systems testing, verify the following: 1. All systems are in first-class working condition and free of short circuits, ground loops, parasitic oscillations, excessive system noise beyond published specifications of the equipment, hum, RF interference, or instability of any form. 2. All specified equipment, including loose and portable equipment is on the job site for proper accounting. 3. All loudspeaker circuits have been tested, are connected to the proper crossover frequency, and are in perfect working order. Furnish impedance measurements of each circuit by facsimile transmission prior to final tests. 4. All equipment controls are labeled, even if unused. If permanent labels cannot be furnished prior to system inspection, temporarily label every control as to its function with write -on tape. Supply labels or markers suitable for indicating knob settings after equalization is performed. 5. Operation manuals for every equipment item furnished are on hand at the job site. 6. Installer shall provide all signal processing software loaded on a portable PC and ready for use at time of testing. Installer shall provide a calibrated RTA and microphone, and pink noise generator at time of testing. G. Should the performance testing show that the Installer has not properly completed the systems, the Installer shall make all necessary corrections or adjustments and a second demonstration shall be arranged at the installer's expense. H. The final acceptance of the system by the Owner will be based upon the report of the Consultant following inspection, testing, and demonstration. A list of items in need of completion or correction shall be prepared by the Consultant, which must be corrected by the Installer before final acceptance will be granted. 3.3 SOUND SYSTEM PERFORMANCE A. After equalization and testing, the sound system shall meet or exceed the following specifications: 11042-00 Addendum No. 1 11770 - 11 1. System shall be free of short circuits, ground loops, parasitic oscillation, excessive system noise, hum, RF interference, and instability of any form. 2. Maximum SPL with band -limited pink noise input to the system shall be 95 dB before audible distortion occurs. 3. Seat -to -seat variation in SPL at 4 kHz octave band pink noise shall be within a tolerance of plus or minus 3dB SPL. 4. Acoustic response of the system shall be plus or minus 1.5dB along a line which is flat from 80 Hz to 4 kHz and which rolls off at 1 dB per octave to 16 kHz. 3.4 OWNER TRAINING AND FAMILIARIZATION A. The Installer shall furnish the Owner's representatives with training necessary to properly operate the systems. Demonstrate in detail all functions of the systems. Provide a minimum of four (4) full hours of instruction and familiarization for this purpose. The training phase shall be accompanied by complete as -built documentation as described in Section 1.09. These training sessions shall be videotaped by the Installer and copies provided to the Owner with the as -built documentation. B. The Installer shall have a qualified representative, familiar with the system, to assist in operation at one (1) scheduled event in each venue, selected by the Owner. - END OF SECTION 11770 - 11042-00 Addendum No. 1 11770 - 12 RICHARDSON - BASS EXHIBITS AREA WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS INDEX OF SHEETS cyt 3Mirx,.....0lrt+LTROAX rum, MtaMegA.O.M1.1rrn4.(11M !NA., CIMPArMli 119.1.1.0 RON MI LOMMITINKIN ° RON FICMPLAYAUMWMPROTEMM 1,4 Roo totro.o8888crarrlltu.oue CONSTRUCTION HEY FLAN REVISIONS Hahnfeld Hoffer Stanford arch.. planners Veriora 200 B911Oy Ave.. SUN. 200 FOrt WOrth. T9xae 76107 817.921.5926 617.202.0092 fax CONSULTANTS 0(RWYAVASECC TEgV. <Sv4 ENONHi vo6VLEY AVENUE s7oro 9 FORT W 00TT11. TDNS 10101 1El]I1]OS.1121 FAY E11.338781 IF1D e6UC1.8VLENGINEEK LLO Of8IC1UPALEN68881 ]OS NORTHFAS1l001,F]u8UOE]o> HURST. TEXAS MOM 8.0018O 40..r. ',BUNG-70N Tpw 1no11 TELF11.1U3]T, 0.1910.144810N SNO MOO 00.01RACE. WRE>00 FOUWOFIH. TE.S71110 '£l817228118 FAYE1)S82H3 RICHARDSON - BASS EXHIBITS AREA WILL ROGERS MEMORIAL CENTER COVER SHEET SHEET CVR FORT WORTH, TEXAS OF 1 CYR SHEETS ROOM NUMBER 102 100 100 107 1a 10. 110 11 111 112 112 112 ItS OBOLLARD DETAIL ROOM NAME MOTS MECi . E. MEE. MEETING mRR9cR MEETING mPN00R RSER W. MAY FLOOR SEALED COME. SEAt®mNCAVE SEALED CONCAVE SEALED wNOILTE SEALED CRIOIEIE ROOM RASH SCK€RULE WALLS NOvRTH I EAST 1,1 OP.. P..1 cer ....R Or OPERA..21SON 1 02012.2.II11 020.1 2.1100)j MEPAflE PM11ROV 02.1.1 011101(I PFi 2,1 P41 m1 FASTIGMEW201.000 1 EM TN.20RmAM THE 00S161C 1005RNGMEWPoRCIANN 1 EGSRNSIPOPPILE 76E 066 POW FAS®m IMSFNNCAME rSROI6NRJL N TILE 2.MS SOUTH 2,1 PTA PTA PTA P<i Pc1 Pc1 22.1 PF1 PTA 200.10 1E i 1.211E 1.7.70E ANICE1NNNE WEST CEILING TYPE NLOLSIICAL PAV051019 S0 PF1 OPEITOSIUCIUIE OPERA. PAM . NCOYSRGLAMISS /Grv.NI 021.1.PARP1110N ACWSRCIL PANEIS/G%SS 620120.E2.111 x ACWSROLLMNELS1 ED Am1151ElL PAINIVVANS 2,1 21.1 PTA PTA 051 xG PORCELNNTIE PR1;Pf3 OTHER NOTES REVISIONS 0 ROOM NO. 102 22 100 107 110 1/1 112 113 114 115 FLOOR PLAN SYMBOLS ® - n ,<.001 NOTES e��e.purw wnu„r. 03,00.1012 eWr. 10et.c1 ..<nunbana wmnw 4nLLwR rant. Bea.Imam A1.1 GENE...NOTES KEY ?LAN mt.." Hahnfeld Hoffer Stanford 200 Batley Ave., Suite 200 Fort Worth. Toxas 70107 817.921.5928 2317.002.0092 fax CONSULTANTS DUNAWAYAt000A1EA LP. SBa'1F' MIN., SURE<00 FO,WORM.II I1II 10) 1E1,17.2251121 F.017,115.7457 1120.1.1C11021.011.0111. tIRUONRNL PRO. ER SUITE 005NORTHEAST LOOP. SURE 507 MAST:MKS 70001 TELL1T9N3050 )]M30]5 176131131921180,19.M. Eumme.s. Ag010W.20.SURE 2)0 UNGTON.=AS)001) TEL01.112925 Y1LNw9AL/PNLEPL 000 MOM. PLALE, NATE)N f0R1W0RM,IELAMINLIVI IEY 07011E RICHARDSON - BASS EXHIBITS AREA CC W H 111 CC 0 y CC pL1t9 0 CC Man To maw FORT WORTH, TEXAS FLOOR PLAN, ENLARGED PLANS AND ROOM FINISH SCHEDULE SHEET OF 1A. SHEETS 3SECTION •,, 0 OSECTION ODETAIL nn ~ u 11 RRRMMil Nww- OSECTION OCONCRETE FLOOR PATCH. TYPICAL 111/:2■■■■■■■■■■■•:I t:■■■■■■■■■■■:: [:3 — i SECTION 2 ,o SECTION mil, 7 E5 1 I I` " TES MOWN Cmg, 0621310 11.0 MAO 441110.3 Wad.. Hahnfeld Hoffer Stanford pkinnala 200 Salley Ave.. Suite 200 Fort Worts. Toms 76107 817.921.5028 817.302.0592 fax CONSULTANTS 00103.1 t.w.1l....... g DUNAWAYIlCNITEI. LP. 111711.1 CM WO ONLEY SURE �^�^ FORTWOR051515)S,O tES FI7.11SMI 1ttDCfpUCIWLEMC i4. STRUCTURAL ROEMMEN 005 OME.' LOOP 1120, SUREA> an.. N EC.I YAS70053 NOWA .yM.e050 FAN.17 S Win um,.. W�-u�n 0090IHAPFENIA, INC. FIECSEGAL I.oOnu u,m. x.s.�.aw FM.SUIIE ITO MUNGION,NONS>00t> REVISIONS ...na0 PIRO.oWWPIONIBROWN SA0IINNCIL/PLBINB OG. PUCE SUITES'S �FORTWORTN. TE •S NOIS FM SO INSSIS RICHARDSON - BASS EXHIBITS AREA WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS 4.4411alt V. 0(060 Vet WALL SECTIONS AND DETAILS SHEET A5-1 OF 2 02 SHEETS n. on —El LAD INDUSTRIAL RUBBER MAT OEQUIPMENT RACK MOUNTING DETAIL MB AUDIO VISUAL LEGEND ENCLOSURE: 1-GANG, 3-12• DEEP BOX q MOUN60TING: RECESSED IN WALL AT I20•AF.F. PANEL: SEE PLATE DETAILS DEV ICEIST ASSLSiNE LISTENING ANTENNA ENCLOSUREOLANGOIW DEEP BOX 83 MOUNTING: RECESSED IN WALL AT 1ve AFF. PANEL' SEE PLATE DETAILS DEVICEL,Sb BSS LONDON BLU-10 CONTROL PANEL ENCLOSURE: FSR FU00-0S-C SOLI) FLOOR BOX O MOUNTING: RECESSED IN FLOOR IN LOCATIONS SHOWN ON DRAWINGS PANEL' SEE PLATE DETAILS OEVICE(51: MIC & UNE LEVEL INPUTS, LINE LEVEL OUTPUT FUTURE DIV CONNECTION ENCLOSURE RECESSED CEILING SPEAKER ASSEMBLY O MOUNTING RECESSED IN CEILING GRILLE: PARR T6O�[ MATCH �AARCHITyEyC[TT�SI�COLOR SAMPLE COORDINATE WITH ARGIL PRIOR TO INSTALLATION IEU FLU(1�AIUUR1m EI�(IICIARNT RACK: REFER TO SPECIFICATIONS ❑ MOUNTNO:MOUNTED IN ELECTRICAL 102 PANEL: STANDARD 19•F ACKAIOUNTED EQUIPMENT. PROVIDE BLANK PANELS WHERE NO EQUIPMENT RESIDES DEVICE(S): EQUIPMENT PACK ENCLosuREaxe-x3T WIRING TROUGH MOUNTING:SUSPEND FROM THE WALL ABOVE RACK LOCATON AS INDICATED IN THE DRAWINGS Nn'x� DEVICE:WIRING TROUGH FORPACK CONNECTIVITY ELECTRICAL & CONDUIT INSTALLATION NOTES (DIV. 26) Onaa OCBM MM.. Mt moo sum mom wat IC raMsta MM. WO am.. man WWW MOS outpost WM. a ALL Costar S latA P2 Map. a., CMtE wo rs xoT intaaa To. Mr masa rw W WM. 1 ALL CORM, IS We s 1 MT. Ma tor ur NM Mar TAM TAMS OP MOS Wev1 EmN.wT KM. POLL SIMS I. ALL NAL was mg was, sons ma. sr AT M. MGM. COMMICS WALL MIT TO OSCINIOAL IMAM. SCR KS nOVAO co -tour 9711,4C. NO 0--- I{FF11N5 109 00 Mo (Xo 0••-0—' �O WT MEETING 105--"°1 CM 0 0-6 11EKrc MEETING 10S 3') 0•-- 1u�TmInO MFETINO 109 IAO 0--- I•OTENC 10t '"i° 0..0•••04 LW layt u xSA EXHIBITS 101 y TO SCAMIT 4 T1=O xm?'mr Da WM. OCONDUIT RISER ADVISORY (BY DPI. 26) is C.CAMAS move. v•At WV. AIL .10.111. WSW. Malan II ALL MGM MOS ;a • n i OT.1 rev Aa5 m AUNOMmu SISM PnzOxwM OI-MPUW MAIM umM •11 Tan WAT rt.. 11fOutO1 COOS° Ornaa AMS Via OW ALCM CMOS'S./ aMO.M. MO OEM, Nor MOOS OnOSOS OELECTRICAL NOTES ADVISORY BY (DP/. 26) NOTES' 1 POWER OUTLETS INSIDE PACKS FURNISHED AMITE/IMWAM° BY ELECTRICAL CONTRACTOR. 2. COORDINATE WITH ELECTRICAL CONTRACTOR FOR EXACT LOCATIONS AND TERMINATION OF AC POWER 3. REFER TO SOUND SYSTEM SPECIFICATIONS UNDER'RELATED WORK BY OTHERS FOR ADDITIONAL INFORMATION. K. ALL CIRCUITS ARE 20 AMP ISOLATED GROUND UNLESS OTHERWISE NOTED. 5. EQUIPMENT RACKS TO BE BONDED TO TECHNICAL GROUND SYSTEM. 6 PROVIDE HOUSE NETWORK FEEDS TO ALL EQUIPMENT RACKS. NONSEOUENCED POW ER OLSLETS ASSOCIATED WITH AUDIOVISUAL SYSTEMS ONE(1)20AMPCIRLUITSTERMINATED JUNCTION TOEACHOf THE'W'P' UNCTION BOXES. ONE (1)211AMPCIRLUITSADJACENT TO EACH OFTHEFLOOR POCKETS. OELECTRICAL RISER ADVISORY BY (DIV. 26) Mr uxtoa onw+a xoTm yr ov. ]rstle :--C MTv rxv ixnAUEO n Pxan REVISIONS Hahnfeld Hoffer Stanford =No. Omnerz H1mn 200 Bailey Avo., Suite 200 Fort Worth, Texas 76107 817.921.5928 817.302.0692 fax CONSULTANTS DUNAW O., ENGINEER MAL 550 BAILEY AVENUE SURE OF FOPTWORXA576] TEOT TEL 51I17335.1121 FAX 617.335.7437 FWD STRUCTURAL ENGINEERS, UL STRUCTURAL ENGINEER VD NORTHEAST LOOP 62e.SURE TAT RST. IIDOS 26053 TEL 617.264d056 FAY e17.2945075 TAGCI ENCINEEPING.INC. ELECTRICAL 540 W. F20.SUDE 270 BARD HAMPTON&BROWN 00Ri0GLUA LPUCE. SUREAO IOFORTwORTH. TEXA 7611e TEL 41793e.1277 FAX 51733e5215 BAi Consultants In Acoustics &Audio -Visual Technologies 406 55Mrq AMA Tan 7e751 512-04344 9I2-0F5•12 mama . PREUMINARY ONLY: NOT FOR BIDDING, PERMIT, OR CONSTRUCTION. DATE Project Issue Date ERIC L HAHNFELD, AIA TFYGS REGISTRATION: 13978 RICHARDSON - BASS EXHIBITS AREA WILL ROGERS MEMORIAL CENTER ma..6. marl, lima MGM. COMOMso FORT WORTH, TEXAS smove Malas droare as. SOUND REINFORCEMENT SYSTEM - CONDUIT RISER, POWER RISER, LEGEND 8 ELECTRICAL NOTES - BY DIV 26 SHEET AVO-0 OF SHEETS 0---- c O t® I II G`— - = __ Lie N ®O FLOOR PLAN I.Ne . yr FLOOR PLAN SYMBOLS —0 BEY PLAN I a (I) as REVISIONS �.p Hahnfeld Hoffer Stanford MaRPc. PMMw. 200 annoy Aw.. Sulto 200 Fort Worth. Texas 76107 817.921.6928 817.302.0602 fax CONSULTANTS WNAWAY CMIENOINEER . V. S10 RRMWEYAVENUE SUBE.OE FORT WORM, TOMS SMO7 BA�xeiim7437 Mtn S IMRxWTAL ENwae3¢ YG slwrna.leruINEER 305 NORMEAST IOW CO.=TE9P NURST.M. MOSS FAX 017S4450,5 YAOOI SYSINOEMBOINC. EIECIRIGLL SMO W. 40, SORE2M ARLINGTON, TOMS 26017 LEL 01103.:173 MMA.NWPTMIMOMM MC(MAMGI/PLUMBING 6300 BOG. PLACE SUBS 700 BOAT WORTH. TUBS]0110 FAX 01]S30DNS BA, Consultants In Acoustics II Audio -Visual Technologies A005 *0..1 Au.., Tm. 1B2g1 St1-MSS 112-OH. .wl.Yd.wn PREUMINARY ONLY: NOT FOR BIDDING, PERMIT, OR CONSTRUCTION. OATE: Project Issue Date ERIC L HAHNFELD, AIA TEXAS REGISTRATION: 13978 RICHARDSON - BASS EXHIBITS AREA 11.06 ess nears WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS ORAFITA SOUND REINFORCEMENT SYSTEM - FLOOR FLAN SHEET AV1-o OF SHEETS REFLECTED CEILING PLAN w FLOOR PUN SYMBOLS eel p moo.. 0 Hahnfeld Hoffer Stanford .rtrEna .I.A,nn M1011 200 Bailey Ave.. Colts 200 Fort Worth. Texas 76107 817.921.5928 817.302.0692 fax CONSULTANTS 0 WaulGUIUWAYASSCCWIFS. anoi LP. MILENOWFF SSO PRET AVENUE. SURE. O Pan�n.[ FORTWOPIN. TEL51Ela1 TEL 017a03.1121 iN(8I]1a5a42 NOTES STNUCNRNANGINFAS. UL INTO SIRUCTUR. ENGINEER Xis NORTHEAST LOU 810. SURE 502 MURS,lEYA MOO] TEl.1)SNE050 E113M3075 KEY PUN REVISIONS saw0 YAW ENOWFE INO.NC. S ECTPICK w. Wt. =YE]]0 A9UNGTON.017 LM TEl.98246a61g1] MIRO. NNIPTON 613110WN MCCNNLCRL/PLUMBING 0O Rn1GI. . PUCE. SUITE mU FORTWVRM. TEAS 18110 1EL 5111Y1277 FAX 8I7a1192.5 BA1 Consultants In Acoustics 6 AUAlo-Vlaual T.chnolo9les was SP..E.q .ue s. Tan 1051 511-0E-140 515-01.12 ssselsoliess PREUMINARY ONLY: NOT FOR BIDDING, PERMIT, OR CONSTRUCTION. DATE: Project Issue Date ERIC L HAHNFELD, ALA TFYE0 REGISTRATION: 13978 RICHARDSON - BASS EXHIBITS AREA CC W H Z W J a CC 0 2 y CO V 0r FORT WORTH, TEXAS MOD II ter.12 000 Jr. SOUND REINFORCEMENT SYSTEM - REFLECTED CEIUNG PLAN SHEET AV2-0 OF SHEETS FOWL, 09 a2 .a,16.1-- mono anvst um1Nc 1n. N1MNn100 coma !won OCONTROL ONELINE DIAGRAM ars OUr °[ a Nr MT OSPA Im OUT +.8Nr our OCTINC ammo $013 LUnaclnlax 1e5 O SOUND /05 x 0 ® TAP .1e.An ra_ o 0 Q—=—Q = 0 0 r:.:.%1 RA .3511,4 M ONEUNE DIAGRAM _ 0 x 0 o ..,.,a.Atrs 101 �co.,o�rs 101 0081S ,n1 a,51n1 `-3.12I111"., 101 REMSIONs Hahnfeld Hoffer Stanford nlRmaz INalen 200 enlloy Av0., Sult0 200 Fort Worth. Texan 76107 817.921.5928 817.302.0692 fax - CONSIIETANIS OUNE.WATAs5ow1E3.11. CMI ENOWEER 550 BNLEYAv... Sun .0 FORMOMN.M fS]81U] FA% aii3115.).9] WO STRUCTURAL NGINEEns.�G MANE. .toy NORTHEAST LOOP E:0.SURE 607 ituilumeaSo FAf e17.2e.5015 vACGIENGINEFNNG.INC 5640 W. WO, SURE170 NN Rw ]fdti m817.4 � E1>.+nvan PME0050OONa enWN 0 MECHANICAL/PIGMEING A00 NOWAK... SurrETao FOPTWORTH.TFXA5>am TE117.3Se.1277 FAX e17.13E92+5 BAi Consultants In Acoustics 0 Audio-VIsual Technologies woe so-.a.w A An, 1.n. 15151 51143-549 91-0,182 ...11aubnun PRELIMINARY ONLY: NOT FOR BIDDING, PERMIT, OR CONSTRUCTION. DATE: Project Issue Date ERIC L HAHNFELD, AIA TEXAS REGISTRATION: 13978 RICHARDSON - BASS EXHIBITS AREA WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS SOUND REINFORCEMENT SYSTEM - ONLINE DIAGRAMS SHEET AV3-® OF SHEETS ELQID Pa-reo ESUB INM1=IIMM ARM POWER SEOUENCEN SLAVK PANEL LS =IT BLANK PANEL • Ei4E-.:r 'AUDI 6GU91 CRf2 11 NE, 4p PA O MANN PANEL . O4 12 BLANK PANEL OSP )LS BUNN PANEL BLAME PANEL BUNK PANE, BUNK PANEL BUNK PANEL GUNK PANEL BUNK PANEL BUNN PANEL BUNK PANEL BUNK PANEL BLANK PANEL BLANK PANEL PA—OI PA —CZ BUNK PANEL DRAWER QIan-- OEQUIPMENT RACK 'SR' 3 AN= An snare PIN DIE IND Pap PAM TO PAWL/PV.OS ruauxx4 AAA 0 OWALL PLATE ALS' e e 0 MIC (0) UNE IN (0) UNE OUT (EU 0 0 OWALL PLATE IMP' OWALL PLATE •C• 0 MIC (0) 0 LINE IN (0) UNE OUT (y) ® FLOOR POCKET °FP' REVISIONS 0....& Hahnfeld Hoffer Stanford matllwa Ramer. IBM= 200 Bailey Ave.. Sulfa 200 Fort Worth. Texas 76107 817.921.5928 817.302.0692 fax CONSULTANTS DUNAWAYASSOCIA7ES,US CAAL=SNEER 55ODSLEWA£NUE STREAM FORTWORM,0EYAA76107 TELP172381121 FA%617215.]A07 SODISTRUCTUPAL ENGINEERS = SINUCNMLENGINEER BOA NORTHEAST LOOP aM, SURE AU 0.ST.7IXAS BABLA EASAIL M1075 YACCI ENGINEERING, INC. ELECTRICAL 610W.SsasUilE90 ARUNGiOx, MOS 16017 TEL 617AN9]1 BAIRO, HAMPTON a BROWN MECHANICAL/PLUM4 oORIOGLEAPIACE.SU75ITE700 FORTWORDSTEXAS75110 TELs17311a277 FAX 017.111132. BA i Consultants In Acoustics 6 Aedio-Visual Technologies 1006 5m15., Amin, Ts= 75751 512-176-1K4 511-4745442 vnh'mYnwn PRELIMINARY ONLY: NOT FOR BIDDING, PERMIT, OR CONSTRUCTION. DATE: Project Issue Date ERIC L HAHNFELD, AIA TEXAS REGISTRATION: 13978 RICHARDSON - BASS EXHIBITS AREA WILL ROGERS MEMORIAL CENTER FORT WORTH, TEXAS SOUND REINFORCEMENT SYSTEM - DETAILS SHEET AV4-® OF SHEETS �i� `Jt J FORT WORTH® CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 WILL ROGERS MEMORIAL CENTER RICHARDSON-BASS EXHIBIT AREA RENOVATION Request for Proposals Submittal Date: January 3, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Self -guided walk through(s) will be available to Bidders with prior permission. Please contact the following for scheduling: Mr. Chris Harmon 817.392.5988 Office Chris. Harmon@fortworthtexas.aov Mr. Kevin Kemp 817.392.5982 Office Kevin.Kemo@fortworthtexas.aov Note: Email the project manager at Alfonso.Meza@fortworthtexas.aov with your scheduled appointment information once permission is granted through the contact individuals noted above. 2. Add the following Bidders to the "Additional General Contractors" list: Michael MacKay Estimator Phillips May Corporation 4861 Sharp Street Dallas, Texas 75247 214.631.3331, Ext. 140 Office 214.630.5607 Fax mmackav(fthillipsmay.com Myron Freund Prime Construction Company 8101 Valcasi Drive, Suite 101 Arlington, Texas 76001 817.572.5550, Ext. 106 Office 817.572.6354 Fax mfreundOprimeconstructionco.com Note: This additional list is of general contractors that were not in attendance for the pre - submittal conference. Addendum No.2 — Cover Sheet Page 1 of 2 WRMC Richardson -Bass Exhibit Area Renovation December 2012 NOTES Hahnfeld Hoffer Stanford arcaloos planner. Moors 200 Ballty AVo.. SOUP 200 Fort Worth. Taxaa 78107 817.921.3928 017.302.0692 fax 0 CONSULTANTS 000OUTION GENERAL NOTES KEY PLAN REVISIONS 01MYOAYAtlOCIgE0, LP. Cl4ENG01F8t 350 O NIM AVENUE SINE a00 FORTWLAIN,JEwIO>01OP TELOIPAIS.II21 FAX 017.u1247 IRO St59 lMA/ ENSNOMS,, LLG SlAUCILSALNM OOSSOR FNOO.1000SOI PLOST.TE%/S Moss FLAIL atT1u� YIeCi ENGPIDH0.NC. 6ECMC L SOW W.140. SUIIESPO MUNGTON, OIAS Paw> TELOGA632173 6000.11A91Ota AONVWN 4SIWYYL/PWIWNO aloe RoOFA PULE. SUITE >00 FORTW yTEYAS MIta IELenn GOtal/aYAut RICHARDSON - BASS EXHIBITS AREA WILL ROGERS MEMORIAL CENTER DEMOLITION PLAN WECT 4§�0 MI OF I Do SHEDS FORT WORTH, TEXAS FORT WORTH® CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 WILL ROGERS MEMORIAL CENTER RICHARDSON-BASS EXHIBIT AREA RENOVATION Request for Proposals Submittal Date: January 3, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. The "PROPOSAL" (3 pages) has been revised (see Attachment No.1). This revised Proposal form is the official form to submit for this project. In Section, Description of Items, Allowance and Add Alternate requirements are noted. 2. Add the following Bidders to the "Additional General Contractors" list: BJ Goode Estimator Mega Contractors Inc. 914 N. Sylvania Ave. Fort Worth, Texas 76111 817.222.0544 Office 817.222.0509 Fax meaabidsmeaacontractorsinc.com Note: This additional list is of general contractors that were not in attendance for the pre - submittal conference. 3. Refer to Hahnfeld Hoffer Stanford's attachment for revision to the Project Manual. (Attachment No.2) Acknowledge the receipt of this Addendum No. 3 on your Proposal. Douglas W. Wiersig, P.E. Director, Transportation & Public Works Department By: Alfonso Meza Project Manager Architectural Services, Facilities Management Group 817-392-8274, FAX 817-392-8488 RELEASE DATE: December 21, 2012. Addendum No.3 — Cover Sheet Page 1 of 2 WRMC Richardson -Bass Exhibit Area Renovation December 2012 PROPOSAL (revision 1, December 21, 2012) TO: MR. TOM HIGGINS CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH, TEXAS FOR: Will Rogers Memorial Center Richardson Bass Exhibit Area Renovation 1591 Rip Johnson Drive Fort Worth, Texas TPW2012-13 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base Bid Allowance No. 1 — Signage/Graphics: $10.000.00. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. Completion within calendar days after date of Notice to Proceed. Add Alternate No.1 — Access Control Hardware in lieu of Standard Hardware. Refer to Project Manual, Section 01030 — Alternates. The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, Proposal (Revision 1, December 21, 2012) Page 1 of 3 WRMC Richardson -Bass Exhibit Area Renovation November 2012 improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. 1_1 Non-resident vendors in place of business, are required to be bidders by state law. 1_I Non-resident vendors in underbid resident bidders. B. (give state), our principal percent lower than resident (give state), are not required to 1_1 Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($ 1 is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE (MBE): (For bids in excess of $50,000) • I am aware that I must submit information to the Director, Transportation and Public Works, concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. xxxxxxxxxxxxxxxxxx The Remainder of this Page is Intentionally Left Blank xxxxxxxxxxxxxxxx Proposal (Revision 1, December 21, 2012) Page 2 of 3 WRMC Richardson -Bass Exhibit Area Renovation November 2012 Respectfully submitted, Company Name By: Signature Printed Name of Principal Address: Street City Phone: Fax: Email: Receipt is acknowledged of the following addenda: Addendum No. 1: Addendum No. 2: Addendum No. 3: Addendum No. 4: Addendum No. 5: Addendum No. 6: Addendum No. 7: Addendum No. 8: Addendum No. 9: Addendum No. 10: Title Zip Proposal (Revision 1, December 21, 2012) Page 3 of 3 WRMC Richardson -Bass Exhibit Area Renovation November 2012 200 Bailey Avenue, Suite 200 Fart Worth, Texas 76107 817.921.592E Olfico 817.302.0602 Fax hahnfoldcom December 21, 2012 ®Hao Hoffer @I Stanford a,chilectu / plume's / lI1t :I Ivi Richardson -Bass Exhibits Area Will Rogers Memorial Center Fort Worth, Texas ADDENDUM NUMBER THREE: Bidders are advised of the following and shall be governed accordingly: MECHANICAL/ELECTRICAL/PLUMBING PROJECT MANUAL 1. Delete Specification Section 16670, "LIGHTNING PROTECTION SYSTEMS", in its entirety. Remove from "TABLE OF CONTENTS". 11042-00 END OF ADDENDUM NO. 3 ADDENDUM NO. 3 Page 1 of 1 • COLLABORATIO t: ION. �SFORMATION. - CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 4 WILL ROGERS MEMORIAL CENTER RICHARDSON-BASS EXHIBIT AREA RENOVATION Request for Proposals Submittal Date: January 3, 2013 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Refer to Hahnfeld Hoffer Stanford's attachment for clarifications to questions from Bidders and revision to the Project Manual. (Attachment No.1) Acknowledge the receipt of this Addendum No. 4 on your Proposal. Douglas W. Wiersig, P.E. Director, Transportation & Public Works Department By: Alfonso Meza Project Manager Architectural Services, Facilities Management Group 817-392-8274, FAX 817-392-8488 RELEASE DATE: December 27, 2012. Addendum No.4 — Cover Sheet Page 1 of 1 WRMC Richardson -Bass Exhibit Area Renovation December 2012 200 Builoy Avenuo, Suito 200 Fort Worth, Toxos 76107 817.921.5928 Office 817.302.0692 Fax huhnfuld.core December 26, 2012 ®HaHtercs7 9 Stanford architects / planners / Richardson -Bass Exhibits Area Will Rogers Memorial Center Fort Worth, Texas ADDENDUM NUMBER FOUR: Bidders are advised of the following and shall be governed accordingly: GENERAL 1. Questions from Bidders and Answers: a. Question: In the paving legend on Sheet C3.0, the legend indicates that there is 7" concrete with lime. I cannot locate where this is located, "Answer: See plan on sheet C3.0 for location of new 7" concrete section at existing street." b. Question: I do not see any paper towel dispensers or hand dryers called out on the plans. Are there any new devices on this project? "Answer: See Schedule in Specification Section 10800 "TOILET ACCESSORIES". c. Question: Addendum #1 issued a new plan cover sheet that had sheets C1-3 thru C5-3, S2-1, S2-2, and S4-1 clouded, but these sheets were not revised or included in the Addendum. The only revised sheets I see are A1-1 and A5-1 (and the new AV sheets of course). Please clarify why these sheets are clouded. "Answer: Per the written narrative for Addendum #1, this change is only to correct the Cover Sheet Index to reflect the actual sheets in the set." d. Question: It is my understanding from the pre -bid meeting that we are to stack the stable panels just outside the building and that the Owner will take them from there. Please confirm whether this is correct, or if we will have to transport these panels to a designated location. Page 1 of 1 11042-00 ADDENDUM NO. 4 • COLLABORATION. • INNOVATION. •TRANSFORMATION. "Answer: Stack animal stalls on or near the site per direction of WRMC and they will remove them from there," e, Question: In the fire alarm spec 11042, the section under "acceptable manufacturers" states to match existing manufacturer. Please advise as to who that manufacturer is. "Answer: Bidders are advised to visit the site to assess details of existing fire alarm system." ARCHITECTURAL PROJECT MANUAL 1 Specification Section 08710, "FINISH HARDWARE", paragraph 4.1.A., revise the following: a. At "HEADING NO. 1", change: Door "102.1 to 101.2", and "2 Exit Devices" to "1 Exit Device" b. At "HEADING NO. 2", Change: "1 Exit Device" to "2 Exit Devices" 2. Specification Section 08800, "GLAZING", Paragraph 2.1.A.6, add "SAFETIFIRST" as an additional approved manufacturer for the fire rated glass. 11042-00 END OF ADDENDUM NO. 4 ADDENDUM NO. 4 Page 2 of 1 NOTICE TO OFFERORS Proposals for the renovation of the existing interior northwest corner of the Richardson -Bass Building at Will Rogers Memorial Center into a new exhibit area located on 1501 Rip Johnson Drive, Fort Worth, TX and at the intersection with Burnett Tandy Drive will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth, 76102, until 1:30 P.M, Thursday, January 3, 2013, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers. The project name is the Will Rogers Memorial Center Richardson -Bass Exhibit Area Renovation. The last day for questions from prospective Offerors is at 5:OOPM on Friday, December 21, 2012. After evaluating the Proposals submitted, the City shall select the Offeror that offers the Best Value to the City and enter into negotiations with that Offeror. The City may discuss with the selected Offeror options for a scope or time modification and any price change associated with such modification. A Pre -Proposal Conference will be held at 2:00 P.M., Tuesday, December 11, 2012 at the Richardson - Bass Building in the Coburn Room. The offers will be valid for ninety (90) calendar days. Estimated construction cost is in the $1,700,000.00 range. There are no Alternates. The available construction schedule for the renovation work is from Tuesday, February 12, 2013 through Thursday, June 13, 2013. The work must be completed within this time frame. As of June 1, 2012, the City of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. Refer to the Request for Proposal documents for the Minority Business Enterprise (MBE) Information. MBE participation will be evaluated in awarding this Contract. The MBE participation requirement is 22%. Offerors must submit Utilization Plan within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration. Contact the MBE Office at (817) 212-2678 to obtain list of certified subcontractors and suppliers. Also, Refer to Section 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) in the Instructions to Offerors. Offerors must submit a bid bond with their proposal. Offeror(s) to whom an award of contract(s) is made will be required to provide Payment and Performance Bonds and provide Contractors General Liability and Statutory Workers Compensation Coverage. If you intend to submit a proposal, inform the Project Manager or Architect/Engineer who can then inform interested subcontractors. General Contractors and Suppliers may make copies of the Instructions to Offerors, General Conditions, Drawings, and Specifications through their printer. The construction documents are not available at the City but may be viewed and printed on-line by logging on to httos://proiectooint.buzzsaw.com/fortworthaov with the User Name "Cowtown", Password "Cowtown2004", and click on "TPW Facility Projects". Contact the Project Manager, Alfonso Meza, at (817) 392-8274 or Email Alfonso.Meza a(�.fortworthtexas.aov for assistance. For additional information contact Lee Hill, Hahnfeld Hoffer Stanford, at (817) 921-5928 or email Ihill(a�hahnfeld.com . Advertisement: November 29, 2012 December 06, 2012 Notice to Offerors WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 1 February 2013 TABLE OF CONTENTS • NOTICE TO OFFERORS • TABLE OF CONTENTS • INSTRUCTIONS TO OFFERORS • PROPOSAL • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • 2009 PREVAILING WAGE RATES • WEATHER TABLE • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION • CONSTRUCTION CONTRACT • PAYMENT BOND • PERFORMANCE BOND • CERTIFICATE OF INSURANCE • CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW • PROJECT SIGN Table of Contents WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 1 February 2013 INSTRUCTIONS TO OFFERORS PROPOSAL REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below. • Entries on the Proposal Form may be handwritten or typed. • Write in contract duration if not specified. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Include cashier's check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth, in an amount of not less than five (5%) per cent of the total of the bid submitted. • In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. 1A. SELECTION OF CONTRACTOR: The City shall select the Offeror that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Value Offeror, the City will consider: 1. Proposed Price (60%) — The lowest priced responsive will receive 60 points for this rating criteria. Higher priced proposals will receive proportionally lower scores. When compared to the lowest price, the higher priced proposal will have its score reduced by one percent (1 %) for every percent it is higher than the lowest price. The score will be rounded to the nearest whole number. 2. Proposed level of MBE participation (10%). 3. Proposed Project Schedule (10%) — The performance period should start Tuesday, February 12, 2013 and should end Thursday, June 13, 2013. Proposals with a proposed schedule within this range will receive 10 points for this rating criteria. Proposed schedules that are shorter by no more than 20% of the estimated performance period will also receive 10 points. For all other proposed performance periods, the points awarded will be reduced by one percent for every percent the proposed schedule is different from the estimated performance period, rounded to the nearest whole number. For this project, the selected contractor will coordinate and work with the City Staff during the construction period. Instructions to Offerors WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 6 February 2013 The selected contractor will accommodate the event schedules on a case -by -case basis with the acceptance of the extension of contract time at no additional cost to the Owner. 4. Reputation/Experience (10%) - Reputation and experience of the Offeror as demonstrated by listing past and current projects including references with names and current telephone numbers; and, list of subcontractors if applicable. 5. Past relationship with the City (10%) — Offeror's past relationship with the City of Fort Worth shall receive 10% for this rating criteria. If the Offeror does not have a past relationship with the City of Fort Worth, the Offeror will receive 5% for this rating criteria. 6. If the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the RFP, the City shall first attempt to negotiate a contract with the selected Offeror. The City and its architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY BUSINESS ENTERPRISE (MBE) (BEST VALUE PROPOSAL) Minority Business Enterprise Provisions: As of June 1, 2012, The City of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the M/WBE Office at 817-212-2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6) county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Minority Business Enterprises (MBE) in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an MBE subcontracting goal may be applicable. The MBE goal on this project is 22%. The information shall be submitted with the proposal and shall include: (1) the name, address and telephone number of each MBE; (2) the description of the work to be performed by each MBE; and (3) the approximate dollar amount/percentage of the participation. Instructions to Offerors WRMC Richardson -Bass Exhibit Area Renovation Page 2 of 6 February 2013 A Minority Business Enterprise is defined as a business concern located in the Marketplace meeting the following criteria: a. is at least 51 percent owned by one or more minority persons, or, in the case of any publicly owned business, at least 51 percent of the stock is owned by one or more minority persons; and b. management and daily business operations are controlled by one or more minority persons who own it. The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal. Offerors must submit the best value utilization form within 5 business days of submitting their Best Value Proposal. If an Offeror is certified as a DBE, MBE, SBE or WBE firm, please be aware that the City's Ordinance does not allow a certified company to count itself towards the established goal; the goal represents subcontracting opportunities. If an Offeror (regardless of certification status or if a non- D/M/S/BE), however, forms a joint venture with one or more MBEs, the MBE joint venture percentage participation will be counted towards the established goal. The appropriate City of Fort Worth Joint Venture form must be submitted for review and approval in order for it to be counted. The City of Fort Worth strongly encourages joint ventures. If Offeror failed to meet the stated MBE goal, in part or in whole, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure MBE participation. Failure to submit the MBE participation information or the detailed explanation of the proposer's Good and Honest Efforts to meet or exceed the stated MBE goal, may render the proposal non -responsive. The MBE plan will be part of the final weighted selection criteria. 3. BID SECURITY: Cashier's check or an acceptable bidder's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the bid submitted [See paragraph 1 above]. The Bid Security must accompany the bid and is subject to forfeit in the event the successful bidder fails to execute the contract documents within ten (10) days after the contract has been awarded. The Bid Security shall be included in the envelope containing the bid proposal. Failure to submit the Bid Security will result in the proposal not being considered for this project. Bidder's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of bids, unless the Bidder agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful bidder entering into a contract for the work will be required to give the City surety in a sum equal to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet 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. Instructions to Offerors WRMC Richardson -Bass Exhibit Area Renovation Page 3 of 6 February 2013 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 competed 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. 5. PRE -BID SITE INVESTIGATION: Prior to filing a response, the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the bidder shall be considered evidence that it has complied with these requirements. 6. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. 8. POST BID - PREAWARD SUBMITTALS: Offerors are required to submit the following information to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-8088), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in order to assist City staff in determining the Contractor's capability of performing the work and in meeting City contract requirements: • Minority Business Enterprise Documentation (for bids in excess of $50,000) • Contractors Qualification Statement (AIA Form A305), including client references • Proposed Subcontractors and Suppliers • Project Schedule • Schedule of Values (CSI Divisions 1 through 16 Section Breakout) • Proof of insurability for Statutory Workers Compensation Insurance Instructions to Offerors WRMC Richardson -Bass Exhibit Area Renovation Page 4 of 6 February 2013 9. PROPOSED SUBCONTRACTORS: Acceptance of the bid in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Contractor must provide and use subcontractors listed unless the City agrees to allow a substitute. 10. DISCREPANCIES AND ADDENDA: Should an Offeror find any discrepancies in the drawings and specifications, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of Bid Documents by the Notice to Offerors. The Contractor is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed bids. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the contractor to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda may cause the Proposal to be ruled non -responsive. It is the Contractor's responsibility to obtain Addenda and include its information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. 13. PERMITS: Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The City will pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the City will coordinate and pay for water and sewer taps and meters to the property line. The Contractor will include all remaining fees from the electrical and gas companies in the base bid. The Contractor will be responsible for coordinating with City and utility companies for installation of utilities. Unless indicated otherwise on the plans, the contractor will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE: Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or contractor, the contractor will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. Instructions to Offerors WRMC Richardson -Bass Exhibit Area Renovation Page 5 of 6 February 2013 17. TESTING SERVICES: The City shall provide for, independently of the contractor, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Qualification Statement will, at the minimum, include the following: quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. Instructions to Offerors WRMC Richardson -Bass Exhibit Area Renovation Page 6 of 6 February 2013 PROPOSAL (revision 1, December 21, 2012) TO: MR. TOM HIGGINS CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH, TEXAS FOR: Will Rogers Memorial Center Richardson Bass Exhibit Area Renovation 1591 Rip Johnson Drive Fort Worth, Texas TPW2012-13 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the plans, specifications and the site, understands the amount of work to be done, and hereby proposes to do all the work and furnish all labor, equipment and materials necessary to fully complete all the work as provided in the plans and specifications, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum, to wit: DESCRIPTION OF ITEMS Base Bid 575 �fl t� di`� E MI1woN FIVE ill 1the6 F i ' Etchi roO -I Allowance No. 1 — Signage/Graphics: $10.000.00. Any Allowance remaining at the end of construction will be retained by the City of Fort Worth. Completion within 115 calendar days after date of Notice to Proceed. Add Alternate No.1 — Access Control Hardware in lieu of Standard Hardware. Refer to Project Manual, Section 01030 — Alternates. 1." i , :) ;5 (') 7 (cr e 1/V 71-13050A The undersigned agrees to complete the Work within the calendar days specified above after the date of Notice to Proceed. A Project Schedule will be submitted as required in the Instructions to Offeror. The City reserves the right to accept or reject any and all bids or any combination thereof proposed for the above work. The undersigned assures that its employees and applicants for employment and those of any labor organization, subcontractors or employment agency in either furnishing or referring employee applicants to the undersigned are not discriminated against as prohibited by the terms of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder, non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, Proposal (Revision 1, December 21, 2012) Page 1 of 3 WRMC Richardson -Bass Exhibit Area Renovation November 2012 improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications. The failure of out of state or non-resident bidders to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. 1_1 Non-resident vendors in place of business, are required to be bidders by state law. 1_1 Non-resident vendors in underbid resident bidders. B. (give state), our principal percent lower than resident (give state), are not required to Our principal place of business or corporate offices are in the State of Texas. Within ten (10) days of receipt of notice of acceptance of this bid, the successful bidder will execute the formal contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($ 5"/0 or BID Amou,vr ) is to become the property of the City of Fort Worth, Texas, or the attached Bidder's Bond is to be forfeited in the event the contract and bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY BUSINESS ENTERPRISE (MBE): (For bids in excess of $50,000) • I am aware that I must submit information to the Director, Transportation and Public Works, concerning the MBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. xxxxxxxxxxxxxxxxxx The Remainder of this Page is Intentionally Left Blank xxxxxxxxxxxxxxxx Proposal (Revision 1, December 21, 2012) Page 2 of 3 WRMC Richardson -Bass Exhibit Area Renovation November 2012 TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE Name of Purchaser, Firm or Agency: City of Fort Worth, Texas Address (Street & Number, P.O. Box or Route Number): 1000 Throckmorton City, State, Zip Code: Fort Worth. Texas 76102 Telephone: (817) 392-8360 I, the purchaser named above, claim an exemption from payment of sales and use taxes for the purchase of taxable items described below or on the attached order or invoice from: All vendors Description of the items to be purchased, or on the attached order or invoice: All items except motor vehicles as listed below Purchaser claims this exemption for the following reason: Governmental Entity I understand that I will be liable for payment of sales or use taxes which may become due for failure to comply with the provisions of the state, city, and/or metropolitan transit authority sales and use tax laws and comptroller rules regarding exempt purchases. Liability for the tax will be determined by the price paid for the taxable items purchased or the fair market rental value for the period of time used. I understand that it is a misdemeanor to give an exemption certificate to the seller for taxable items which 1 know, at the time of purchase, will be used in a manner other than expressed in this certificate and that upon conviction I may be fined not more than $500 per offense. Purchaser: Title: Purchasing Manager Date: February 1, 2007 Note: This certificate cannot be issued for the purchase, lease or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIRE NUMBER TO BE VALID Sales and Use Tax "Exemption Numbers" or "Tax Exempt" Numbers do not exist. This certificate should be furnished to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Texas Sales and Use Tax Exemption Certificate WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 1 February 2013 2009 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY Classification IAC Mechanic AC Mechanic Helper Acoustical Ceiling Mechanic Acoustical Ceiling Helper Abestos Worker Bricklayer/Stone Mason Bricklayer/Stone Mason Helper Carpenter Carpenter Helper Concrete Finisher Concrete Finisher Helper Concrete Form Builder Concrete Form Builder Helper Drywall Mechanic Drywall Helper Drywall Taper Drywall Taper Helper Electrician (Journeyman) Electrician Helper Electronic Technician Electronic Technician Helper Floor Layer (Carpet) Floor Layer (Resilient) Floor Layer Helper Glazier Glazier Helper Insulator (Insulator Helper (Laborer Common (Laborer Skilled 'Lather 'Lather Helper Health/ Avg. Hrly Rate Welfare Pension Vacation Total Package $25.92 $1.01 $0.19 $0.83 $27.91 $15.81 $0.00 $0.00 $0.30 $16.77 $15.56 $0.57 $0.03 $0.12 $16.26 $12.27 $0.19 $0.00 $0.00 $12.46 $0.00 $0.00 $0.00 $0.00 $0.00 $18.54 $0.24 $0.00 $0.00 $18.78 $10.39 $0.00 $0.00 $0.00 $10.39 $17.08 $1.62 $0.17 $0.81 $19.69 $13.45 $0.75 $0.08 $0.71 $14.99 $13.97 $0.41 $0.04 $0.14 $14.55 $12.14 $0.43 $0.04 $0.11 $12.72 $14.03 $0.67 $0.03 $0.15 $14.88 $11.72 $0.54 $0.03 $0.10 $12.39 $16.10 $0.56 $0.02 $0.30 $16.98 $12.43 $0.33 $0.00 $0.28 $13.05 $15.00 $0.07 $0.00 $0.00 $15.07 $11.50 $0.07 $0.00 $0.00 $11.57 $21.77 $1.08 $0.05 $0.38 $23.29 $15.32 $1.09 $0.05 $0.27 $16.73 $20.00 $0.00 $0.00 $0.00 $20.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $0.00 $18.00 $0.00 $0.00 $0.00 $18.00 $10.00 $0.00 $0.00 $0.00 $10.00 $18.53 $1.92 $0.38 $0.71 $21.54 $13.49 $1.20 $0.10 $0.35 $15.13 $16.59 $0.29 $0.12 $0.08 $17.08 $11.21 $0.36 $0.11 $0.13 $11.81 $10.47 $0.70 $0.06 $0.08 $11.30 $13.24 $0.98 $0.06 $0.12 $14.41 $17.00 $0.00 $0.00 $0.00 $17.00 $15.00 $0.00' $0.00 $0.00 $15.00 2009 Prevailing Wage Rates WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 2 February 2013 2009 PREVAILING WAGE RATES CONSTRUCTION INDUSTRY 'Metal Building Assembler $16.00 $1.56 $0.63 $0.00 $18.19 (Metal Building Assembler Helper $12.00 $1.56 $0.63 $0.00 $14.19 'Painter $12.57 $0.69 $0.02 $0.09 $13.37 Painter Helper $9.98 $0.61 $0.02 $0.09 $10.70 Pipefitter $21.14 $0.90 $0.13 $0.45 $22.59 Pipefitter Helper $14.92 $0.58 $0.11 $0.23 $15.82 Plasterer $17.24 $0.05 $0.00 $0.00 $17.30 Plasterer Helper $12.85 $0.05 $0.12 $0.43 $12.90 Plumber $20.33 $0.69 $0.12 $0.43 $21.56 Plumber Helper $14.95 $0.95 $0.11 $0.00 $16.42 Reinforcing Steel Setter $13.01 $0.36 $0.07 $0.23 $13.67 Reinforcing Steel Setter Helper $11.19 $0.25 $0.05 $0.16 $11.64 Roofer $16.78 $1.25 $0.23 $0.17 $18.43 Roofer Helper $12.33 $1.25 $0.23 $0.17 $13.98 Sheet Metal Worker $17.49 $0.97 $0.10 $0.51 $19.06 Sheet Metal Worker Helper $14.16 $1.40 $0.17 $0.44 $16.15 Sprinkler System Installer $19.17 $1.68 $0.33 $0.33 $21.52 Sprinkler System Installer Helper $14.15 $1.50 $0.00 $0.50 $16.07 Steel Worker Structural $19.28 $1.37 $0.55 $0.12 $21.32 Steel Worker Structural Helper $13.74 $1.37 $0.39 $0.09 $15.59 Concrete Pump $18.50 $0.00 $0.00 $0.00 $18.50 Crane, Clamsheel, Backhoe, Derrick, D'Line Shovel $17.81 $1.30 $0.12 $0.24 $19.48 Forklift $12.96 $0.42 $0.04 $0.08 $13.50 Foundation Drill Operator $22.50 $0.00 $0.00 $0.00 $22.50 Front End Loader $13.21 $0.36 $0.06 $0.17 $13.79 Truck Driver $15.21 $0.65 $0.06 $0.19 $16.11 Welder $17.81 $0.92 $0.12 $0.30 $19.15 Welder Helper $12.55 $0.75 $0.00 $0.33 $13.64 2009 Prevailing Wage Rates WRMC Richardson -Bass Exhibit Area Renovation Page 2 of 2 February 2013 Month WEATHER TABLE Average Inches of Snow/Ice Days of Rainfall Pellets Rain January 7 1.80 1 February 7 2.36 * March 7 2.54 * April 8 4.30 0 May 8 4.47 0 June 6 3.05 0 July 5 1.84 0 August 5 2.26 0 September 7 3.15 0 October 5 2.68 0 November 6 2.03 * December 6 1.82 * ANNUALLY 77 32.30 1 (1) Mean number of days rainfall, 0.01" or more (2) Average normal precipitation, in inches (3) Mean number of days 1.0 inch or more * Less than 0.5 inches This table is based on information reported from Dallas -Fort Worth Regional Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min West, elevation (ground) 551 ft. Average number of days of rain, snow, and ice are based on records covering 27 years. Precipitation is based on record of 1941-1970 period This 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 a given month, the contract period will be adjusted by Change Order. Weather Table WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 1 February 2013 City of Fort Worth, Texas Transportation Public Works Department Facilities Management Group/Architectural Services Division GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION LUMP SUM CONTRACT SECTION A DEFINITIONS, PROCEDURES AND INTERPRETATIONS A-1 CONTRACT DOCUMENTS: By the term Contract Documents is meant all of the written and drawn documents setting forth or affecting the rights of the parties, including but not necessarily limited to, the Contract, Notice to Bidders, Proposal, General Conditions, Special Conditions, Specifications, Plans, Bonds and all Addenda, Amendments signed by all parties, Change Orders, written Interpretations and any written Field Order for a minor change in the Work. A-2 ENTIRE AGREEMENT: The Contract Documents represent the entire agreement between the Parties, and no prior or contemporaneous, oral or written agreements, instruments or negotiations shall be construed as altering the terms and effects of the Contract Documents. After being executed, the Contract Documents can be changed only by a written Amendment signed by the Contractor and the Owner, or Change Order, or by a written Field Order for a minor change. A-3 WORK: By the term Work is meant all labor, supervision, materials and equipment necessary to be used or incorporated in order to produce the construction required by Contract Documents. A-4 EXECUTION OF THE CONTRACT DOCUMENTS: The Contract Documents shall be executed in six originals, with all required attachments, including required bonds and insurance certificates, by the Contractor and the Owner in such form as may be prescribed by law and returned to the Owner within ten business days of notification to Contractor. Failure to execute contracts and provide required enclosures will be grounds for revocation of award and taking of Bid Bond. A-5 FAMILIARITY WITH PROPOSED WORK: Before filing a Proposal, the bidder shall examine carefully the, plans, specifications, special provisions, and the form of contract to be entered into for the work contemplated. He shall examine the site of work and satisfy himself as to the conditions that will be encountered relating to the character, quality and quantity of work to be performed and materials to be furnished. The filing of a bid by the bidder shall be considered evidence that he has complied with these requirements and has accepted the site as suitable for the work. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated by the plans will not be allowed. A-6 ONE UNIFIED CONTRACT: Insofar as possible, the Contract Documents will be bound together and executed as a single unified Contract. The intention of the Contract Documents being to provide for all labor, supervision, materials, equipment and other items necessary for the proper execution and completion of the 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 effected by Field Order. In the event of any dispute between any of the parties to the Contract and the Architect or each other involving the interpretation of the Contract Documents, the evaluation of work or materials performed or furnished by the Architect Contractor, or any subcontractor or materialsman, or involving any question of fault or liability of any party, the decision of 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 COPIES OF WORKING DRAWINGS AND SPECIFICATIONS: The Architect will furnish to Contractor free of charge 15 sets of working Drawings and 15 sets of Specifications. Contractor shall pay the cost of reproduction for all other copies of Drawings and Specifications furnished to him. All Drawings, Specifications and copies thereof furnished by the Owner or the Architect are and shall remain the property of the Owner. They are not to be used on any other project and, with the exception of one Contract set for each Party to the Contract, are to be returned to the Owner on request at the completion of the work. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 26 February 2013 A-10 MINORITY BUSINESS ENTERPRISE (MBEI POLICY: As of June 1, 2012, The City of Fort Worth has implemented the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain an MBE listing of African American firms from the M/WBE Office at 817-212- 2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6)-countv geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraaed to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. The City of Fort Worth has goals for the participation of Minority Business Enterprises (MBE) in City contracts. Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting proposals are included. The City of Fort Worth MBE Program will take precedence over other subcontractor utilization programs on Block Grant and other federally funded Projects. A-11 CORRELATION AND INTENT: In general, the drawings indicate dimension, locations, positions, quantities, and kinds of construction; the specifications indicate the quality and construction procedures required. Work indicated on the drawings and not specified of vice -versa, shall be furnished as though set 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-12 AGE: In accordance with the policy ("Policy") of the Executive Branch of the federal government, Contractor covenants that neither it nor any of its officers, members, agents, employees, program participants or subcontractors, while engaged in performing this contract, shall, in connection with the 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 it nor its officers, members, agents, employees, subcontractors, program participants, or persons acting on their behalf, shall specify, in solicitations or advertisements for employees to work on this contract, a maximum age limit for such employment unless the specified maximum age limit is based upon a bona fide occupational qualification, retirement plan or statutory equipment. Contractor warrants it will fully comply with the Policy and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractor against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above referenced Policy concerning age discrimination in the performance of this agreement. A-13 DISABILITY: In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"), Contractor warrants that it and any and all of its subcontractors will not unlawfully discriminate on the basis of disability in the provision of services to the general public, nor in the availability, terms and/or conditions of employment for applicants for employment with, or employees of Contractor or any of its subcontractors. Contractor warrants it will fully comply with ADA provisions and any other applicable federal, state and local laws concerning disability and will defend, indemnify and hold City harmless against any claims or allegations asserted by third parties or subcontractors against City arising out of Contractor's and/or its subcontractors' alleged failure to comply with the above -referenced laws concerning disability discrimination in the performance of this agreement. SECTION B IDENTITY OF ARCHITECT B-1 CONTRACT ADMINISTRATION: Where the term "Architect" is used in the "General Conditions of the Contract for Construction", it shall refer to the Director, Transportation and Public Works or his designated Building Construction Manager. The Director, Transportation will designate a Project Manager and Building Construction Manager (BCM) to administer this contract and perform the functions of the "Architect" as indicated in the General Conditions. The design architect or engineer may also be designated to perform the duties of "Architect". The term "City" and "Owner" are used interchangeably and refer to the City of Fort Worth as represented by the Director of Transportation and Public Works or his designated representative. 8-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason. If the project is terminated, the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 2 of 26 February 2013 After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or allowability of all or any portion of such claim under this paragraph, such dispute or controversy shall be resolved and be decided by the City Council of the City of Fort Worth, and the decision by the City Council of the City of Fort Worth shall be final and binding upon all parties to this contract. B-3 DUTIES OF THE ARCHITECT: As used herein, the term Architect means the Architect or his authorized representative. Nothing contained in these Contract Documents shall create any privity of Contract between the Architect and the Contractor. B-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager will provide general administration of the Contract on behalf of the Owner and will have authority to act as the representative of the Owner to the extent provided in the Contract Documents unless changed in writing by the Owner. The Architect will be available for conferences and consultations with the Owner or the Contractor at all reasonable times. B-5 ACCESS TO JOB SITES: The Architect shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Architect may perform its assigned functions under the Contract Documents. The Architect will make periodic visits to the Site to familiarize himself with the progress and quality of the work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on -site observations, the Architect will keep the Owner informed of the progress of the Work and will endeavor to guard the Owner against defects and deficiencies in the Work of the Contractor. Based upon such observations and the Contractor's applications for payments, the Building Construction Manager will make determinations and recommendations concerning the amounts owing to the Contractor and will issue certificates for payment amounts. B-6 INTERPRETATIONS: The Architect will be, in the first instance, the interpreter of the requirements of the Plans and Specifications and the judge of the performance thereunder by the Contractor, subject to the final decision of the Owner. The Architect's decisions in matters relating to artistic effect will be final if consistent with the intent of the Contract Documents. B-7 AUTHORITY TO STOP WORK: The BCM will have authority to reject work that does not conform to the Plans and Specifications. In addition, whenever, in its reasonable opinion, the BCM considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the BCM will have authority to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. B-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawinas. The Architect will review Shop Drawings and Samples. Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be returned to the Contractor. Chance Orders. Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Guarantees. The Owner will receive all written guarantees and related documents required of the Contractor. Upon completion of the project the Contractor shall provide the Owner five copies of each guarantee. Inspections The Owner will conduct inspections for the purpose of determining and making his recommendations concerning the dates of substantial completion and final completion. The Architect will conduct the final acceptance inspection and issue the Certificate of Completion. Operation and Maintenance Manuals The Owner will receive six copies of all applicable equipment installation, operation, and maintenance brochures and manuals required of the Contractor. B-9 TERMINATION OF THE ARCHITECT: In case of the termination of the employment of the Architect by the Owner, the Owner shall either assume the duties of the Architect through the Director of the Department of Transportation and Public Works, or shall appoint a successor Architect against whom the Contractor makes no reasonable objection. SECTION C OWNER C-1 IDENTIFICATION: By the term Owner is meant the City of Fort Worth acting herein by its duly authorized representatives in the manner provided by law. Authorized representatives include the City Manager, Assistant City Manager, the Director and of Transportation and Public Works Department and members of the Facilities Management Division. Generally speaking a designated representative will be a Building Construction Manager identified from within the Facilities Management Group to act as a point of contact for day-to-day contract administration. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 3 of 26 February 2013 C-2 DUTIES OF THE OWNER: The Owner shall furnish surveys describing the physical characteristics, legal limits and utility locations for the site of the Work; provided, however, that the Contractor hereby covenants that he has inspected the premises and familiarized himself therewith and that the locations of utilities and other obstacles to the prosecution of the Work as shown on the Owner's survey are for information only, are not binding upon the Owner, and the Owner shall not incur any liability for loss or damage by virtue of any inaccuracies or deficiencies in such surveys. The Owner shall secure and pay for title to the site and all necessary permanent or construction easements. The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. C-3 INSTRUCTIONS: The Owner shall issue all instructions to the Contractor through the BCM. C-4 ACCESS TO JOB SITE: The Owner shall at all times have access to the Work whenever it is in preparation and progress. The Contractor shall provide facilities for such access so the Owner may perform its assigned functions under the Contract Documents. C-5 PROGRESS INSPECTIONS: The Owner will make visits to the Site to familiarize themselves with the progress and quality of the Work and to determine if the work is proceeding in accordance with the Contract documents. On the basis of on -site observations and reports concerning the progress and quality of the work, the Owner will approve and authorize the Contractor's applications for payments. C-6 AUTHORITY TO STOP WORK: The Owner will have authority to reflect work that does not conform to the Plans and Specifications. Whenever, in its reasonable opinion, the Owner considers it necessary or advisable in order to insure the proper realization of the intent of the Plans and Specifications, the Owner will have authority to require the Contractor to stop the work or any portion thereof, or to require the Contractor to stop the Work or any portion thereof, or to require special inspection or testing of the Work whether or not such Work be then fabricated, installed or completed. 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 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 his subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents, papers and records of such subcontractor, involving transactions to the subcontract. The term "subcontract" as used herein includes purchase orders. Contractor agrees to photocopy such documents as may be requested by the city. The city agrees to reimburse Contractor for the costs of copies at the rate published in the Texas Administrative Code. SECTION D CONTRACTOR D-1 IDENTIFICATION: The Contractor is the person or organization identified as such in the Contract. The term Contractor means the Contractor or his authorized representative. D-2 INDEPENDENT CONTRACTOR: Contractor shall perform all work and services hereunder as an independent contractor, not as agent, or employee of the City. Contractor shall have exclusive control of and the exclusive right to control the details of the Work and services performed hereunder, and all persons performing same, and Contractor shall be solely responsible for the acts of its officers, agents, and employees. Nothing herein shall be construed as creating a partnership or joint enterprise between City and the Contractor, its officers, agents and employees, and the doctrine of respondeat superior shall not apply. D-3 SUBLETTING: It is further agreed that the performance of this Contract, either in whole or in part, shall not be sublet or assigned to anyone else by said Contractor without the written consent of the Director of Transportation and Public Works of the City of Fort Worth. 0-4 REVIEW OF CONTRACT DOCUMENTS: The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications, Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawings, Specifications and Interpretations. D-5 SUPERVISION: The Contractor shall supervise and direct the Work, using his best skill and attention. He shall be solely responsible for all construction means, methods, safety, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract Documents. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 4 of 26 February 2013 D-6 LABOR AND MATERIALS: Unless otherwise specifically noted, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation and other facilities and services necessary for the proper execution and completion of the Work. The successful low bidder will use its reasonable best efforts to hire local laborers, workmen and materialmen. The general condition is not to be constructed as limiting the right of any bidder to employee laborers, workmen or materialmen from outside local area. The Contractor shall at all times enforce strict discipline and good order among his employees, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned to him. D-7 COMPLIANCE WITH AND ENFORCEMENT OF PREVAILING WAGE RATE Duty to aav 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. Penalty for Violation. A contractor or any subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. Complaints of Violations and City 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 315t day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the 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 its initial determination pursuant to paragraph (c) above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. Records to be Maintained. The Contractor and each subcontractor shall, for a period of three (3) years following the date of acceptance of the Work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this contract; and (ii) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection. Pav Estimates. With each partial payment estimate or payroll period, whichever is less, the Contractor shall submit an 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 its subcontracts and/or shall otherwise require all of its subcontractors to comply with paragraphs (a) through (g) above. On projects where special wage rates apply (e.g. Davis -Bacon) the Contractor agrees to meet all requirements of such programs. D-8 WARRANTY: The 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. 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. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 5 of 26 February 2013 D-10 LICENSES. NOTICES AND FEES: The Contractor shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The Contractor shall give all Notices and comply with all Laws, Ordinances, Rules, Regulations and Orders of any public authority bearing on the performance of the Work. If the Contractor observes or becomes aware that any of the Contract Documents are at variance therewith in any respect, he shall promptly notify the Architect Owner in writing and any necessary changes will be made. If the Contractor performs any Work knowing that it is in violation of, or contrary to, any of such Laws, Statutes, Charter, Ordinances, Orders or Directives, or Regulations without furnishing Notice to the Owner, the Contractor will assume full responsibility therefore and bear all costs attributable thereto. D-11 CASH 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 he will not be required to employ persons against whom he makes a reasonable objection. If the cost, when determined, is more than or less than the allowance, the Contract Sum shall be adjusted accordingly by Change Order which will include additional handling costs on the site, labor, installation costs, field overhead, profit and other direct expenses resulting to the Contractor from any increase over the original allowance. D-12 SUPERINTENDENT: The Contractor shall employ a competent superintendent and necessary assistants who shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfactory to the Contractor and the Owner. The superintendent shall represent the Contractor and all communications given to the superintendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing. Other communications will be so confirmed on written request in each case. D-13 RESPONSIBILITIES FOR EMPLOYEES AND SUB -CONTRACTORS: The Contractor shall be responsible to the Owner for the acts and omissions of all his employees and all Sub -contractors, their agents and employees, and all other persons performing any of the Work under a contract with the Contractor. D-14 FAILURE TO COMMENCE WORK: Should the Contractor fail to begin the Work herein provided for within the time herein fixed or to carry on and complete the same according to the true meaning of the intent and terms of said Plans, Specifications and Contract Documents, then the Owner shall have the right to either demand the surety to take over the Work and complete same in accordance with the Contract Documents or to take charge of and complete the Work in such a manner as it may deem proper, and if, in the completion thereof, the cost to the said City shall exceed the contract price or prices set forth in the said plans and specifications made a part hereof, the Contractor and/or its Surety shall pay said City on demand in writing, setting forth and specifying an itemized statement of the total cost thereof, said excess cost. D-15 PROGRESS SCHEDULE: The Contractor, immediately after being awarded the contract, shall prepare and submit for the Architect's approval, an estimated progress schedule for the Work. The progress schedule shall be related to the entire Project. This schedule shall indicate the dates for the starting and completion of the various states of construction and shall be revised as required by the conditions of the Work, subject to the Architect's approval. It shall also indicate the dates for submission and approval of shop drawings and submittals as well as the delivery schedule for major pieces of equipment and/or materials. The Contractor shall submit an updated progress schedule the BCM at least monthly for approval along with the Contractor's monthly progress payment requests. D-16 DRAWINGS AND SPECIFICATIONS AT THE SITE: The Contractor shall maintain at the site for the Owner one copy of all Drawings, Specifications, Addenda, approved Shop Drawings, Change Orders, and other Changes and Amendments in good order and marked to record all changes made during construction. These shall also be available to the Architect. The Drawings, marked to record all changes made during construction, shall be delivered to the Owner upon completion of the Work. The Architect will prepare, and provide to the Owner, one 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. Samples are physical examples furnished by the Contractor to illustrate materials, equipment or workmanship, and to establish standards by which the Work will be judged. The Contractor shall review, stamp with his approval and submit, with reasonable promptness and in orderly sequence so as to cause no delay in the Work or in the work of any other contractor, normally within the first 90 days of the work, six copies of all shop Drawings and Samples required by the Contract Documents or subsequently by the Architect as covered by changes or amendments. Shop Drawings and Samples shall be properly identified as specified, or as the Architect may require. At the time of submission the Contractor shall inform the Architect in writing of any deviation in the Shop Drawings or Samples from the requirements of the Contract Documents. By approving and submitting Shop Drawings and Samples, the Contractor thereby represents that he has determined and verified all field measurements, field construction criteria, materials, catalog numbers and similar data, and that he has checked and General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 6 of 26 February 2013 coordinated each shop drawing given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Architect will review and approve Shop Drawings and Samples with reasonable promptness so as to cause no delay, but only for conformance with the design concept of the Project and with the information given in the Contract Documents. The Architect's approval of a separate item shall not indicate approval of an assembly in which the item functions. The Contractor shall make any corrections required by the Architect and shall resubmit the required number of corrected copies of Shop Drawings or new Samples until approved. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions. The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibility for any deviation from the requirements of the Contract Documents unless the Contractor has informed the Architect in writing of such deviation at the time of submission and the Architect has given written approval to the specific deviation. Architect's approval shall not relieve the Contractor from responsibility for errors or omissions in the Shop Drawings or Samples. No portion of the Work requiring a Shop Drawing or Sample submission shall be commenced until the Architect has approved the submittal. All such portions of the Work shall be in accordance with approved Shop Drawings and Samples. 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 Council of the City of Fort Worth, the entire site of the Work shall be under the exclusive control, care and responsibility of the Contractor. Contractor shall take every precaution against injury or damage to persons or property by the action of the elements or from any other cause whatsoever. The Contractor shall rebuild, repair, restore and make good at his own expenses all injuries or damages to any portions of the Work occasioned by any of the above, caused before acceptance. D-19 CUTTING AND PATCHING OF WORK: The Contractor shall do all cutting, fitting or patching of his Work that may required to make its several parts fit together properly, and shall not endanger any Work by cutting, excavating or otherwise 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 he shall remove all his waste materials and rubbish from and about the Project as well as all his tools, construction equipment, machinery and surplus materials, and shall clean all glass surfaces and leave the Work "Broom -clean" or its equivalent, except at otherwise specified. In addition to removal of rubbish and leaving the buildings "broom -clean", Contractor shall clean all glass, replace any broken glass, remove stains, spots, marks and dirt from decorated work, clean hardware, remove paint spots and smears from all surfaces, clean fixtures and wash all concrete, tile and terrazzo floors. If the Contractor fails to clean up, the Owner may do so, and the cost thereof shall be charged to the Contractor. D-21 COMMUNICATIONS: As a general rule, the Contractor shall forward all communications to the Owner through the BCM. 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 his authorized representative. Nothing contained in the Contract, Documents shall create any contractual relation between the Owner and the Architect and any subcontractor or any of his sub -subcontractors or materialmen. E-2 AWARD OF SUBCONTRACTS: The bidder shall furnish a list of the names of the subcontractors or other persons or organizations (including those who are to furnish materials or equipment fabricated to a special design) proposed for such portions of the Work as may be designated in the bidding requirements, or if none is so designated in the bidding requirements, the names of the Subcontractors proposed for the principal portions of the Work. Prior to the award of the Contract, the Architect shall notify the successful bidder in writing if either the Owner or Architect, after due investigation, has reasonable objection to any person or organization on such list. Failure of the Owner and Architect to make an objection to any person or organization on the list prior to the award of this Contract shall not constitute acceptance of such person or organization. If, prior to the award of the Contract, the Owner or Architect has an objective to any person or organization on such list, and refuses to accept such person or organization, the apparent low bidder may, prior to the award, withdraw his bid without forfeiture of bid security. If such bidder submits an acceptable substitute, the Owner may, at its discretion, accept the bid or he may disqualify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 7 of 26 February 2013 The Contractor shall not make any substitution for any Subcontractor or person or organization that has been accepted by the Owner and the Architect, unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub - subcontractors) which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Require that such Work be performed in accordance with the requirements of the Contract Documents; 3. Require submission to the Contractor of applications for payment under each subcontract to which the Contractor is a party, in reasonable time to enable the Contractor to apply for payment; 4. Require that all claims for additional costs, extensions of time, damages for delays or otherwise with respect to subcontracted portions of the Work shall be submitted to the Contractor (via any Subcontractor or Sub -subcontractor where appropriate) in the manner provided in the Contract Documents for like claims by the Contractor upon the Owner; 5. Waive all rights the contracting parties may have against one another for damages caused by fire or other perils covered by the property insurance, except such rights, if any, as they may have to proceeds of such insurance held by the Owner, and, 6. Obligate each Subcontractor specifically to consent to the provisions of this Section All of the provisions set out in this section shall be deemed to have been included in every subcontract, and every subcontract shall be so construed and applied as to the Owner and the Architect, whether or not such provisions are physically included in the sub- contract. E-4 MINORITY BUSINESS ENTERPRISE (MBE): Should the base proposal be $50,000 or less, the requirements of this section do not apply. General: As of June 1, 2012, The City of Fort Worth is implementing the new Business Diversity Ordinance (BDO) to reflect the City's availability and disparity study findings and recommendations. During this transition period interested Offerors must obtain a MBE listing from the M/WBE Office at 817-212-2674. This will ensure that MBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6) county geographic marketplace that have been accepted by the City. The City's geographic marketplace includes the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are stronalv encouraaed to confirm that each MBE that it intends to use is located in the geographic marketplace that will be counted towards the established goal. In accordance with City of Fort Worth Diversity Business Ordinance (BDO) No 20020-12-2011 (the "Ordinance"), the City of Fort Worth sets goals for the participation of Minority Business Enterprises (MBE) in City contracts. Ordinance No 20020-12-2011 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award: The MBE documentation required by the procurement solicitation must be submitted within five city business days after the proposals are opened. Failure to comply with the City's Business Diversity Ordinance, or to demonstrate a "good faith effort", shall result in a bid being considered non -responsive. During Construction: Contractor shall provide copies of subcontracts or cosigned letters of intent with approved MBE subcontractors and or suppliers prior to issuance of the Notice to Proceed. Contractor shall also provide monthly reports on utilization of the subcontractors to the MNVBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an MBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books, records or files in it's possession that will substantiate the actual work performed by an MBE. The misrepresentation of facts and/or the commission of fraud by the Contractor will be grounds for termination of the contract and/or initiating action under appropriate federal, state, or local laws or ordinances relating to false statement. An Offeror who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than three (3) years. The failure of an offeror to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the offeror being determined to be an irresponsible offeror and barred from participating in City work for a period of time of not less than one (1) year. The Contractor may count toward the goal any tier of MBE subcontractors and/or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the MBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an MBE subcontractor or supplier, the MBE shall be given an opportunity to perform the work. Whenever a change order is $50,000 or more, the M/WBE Office Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall: General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 8 of 26 February 2013 1. Make no unjustified changes or deletions in its MBE participation commitments submitted with the bid/proposal or during negotiation, without prior submission of the proper documentation for review and approval by the M/WBE Office. 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work, the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections of the OOrdinance, exclusive of the time requirements stated in such subsections. 3. The Contractor shall submit to the M/WBE Office for approval an MBE REQUEST FOR APPROVAL OF CHANGE FORM, if, during the term of any contract, the Contractor wishes to change or delete one or more MBE subcontractors or suppliers. Justification for change of subcontractors may be granted for the following: 1. An MBE's failure to provide Workers' Compensation Insurance evidence as required by state law; or 2. An MBE's -failure to provide evidence of general liability or other insurance. - under the same or similar terms as contained in the Contract Documents with limits of coverage no greater than the lower of 1) the limits required of the Contractor by the City; or 2) the limits contained in the Contractor's standard subcontract or supply agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non- MNVBE subcontractor's/subconsultant's or suppliers; or 3. An MBE's failure to execute the Contractor's standard subcontract form, if entering a subcontract is required by the Contractor in its normal course of business, unless such failure is due to: a) A change in the amount of the previously agreed to bid or scope of work; or b) The contract presented provides for payment once a month or longer and the Contractor is receiving payment from the City twice a month; or c) Any limitation being placed on the ability of the MBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company. d) Mediation shall be a consideration before the request for change is approved. 4. An MBE defaults in the performance of the executed subcontract. In this event, the Contractor shall: a) Request bids from all MBE subcontractors previously submitting bids for the work, b) If reasonably practicable, request bids from previously non -bidding MNVBEs, and c) Provide to the MNVBE Office documentation of compliance with (a) and (b) above. 5. Any reason found to be acceptable by the M/WBE Office in its sole discretion. Within ten days after final payment from the City the Contractor shall provide the M/WBE Office with documentation to reflect final participation of each subcontractor and supplier, including non -MBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion allowed to the Contractor on account of such Subcontractor's Work. The Contractor shall also require each Subcontractor to make similar payments to his subcontractors. If the Owner refuses to issue a Certificate for Payment for any cause which is the fault of the Contractor and not the fault of a particular subcontractor, the Contractor shall pay that Subcontractor on demand, made at any time after the Certificate for Payment would otherwise have been issued, for his Work to the extent completed, less the retained percentage. The Contractor shall pay each Subcontractor a just share of any insurance monies received by the Contractor, and he shall require each Subcontractor to make similar payments to his Subcontractors. The Owner may, on request and at its discretion, furnish to any Subcontractor, if practicable, information regarding percentages of completion certified to the Contractor on account of Work done by such Subcontractors. Neither the Owner nor the Architect shall have any obligation to pay or to see to the payment of any monies to any Subcontractor. E-6 SUBCONTRACTOR REQUIREMENTS FOR EDA FUNDED PROJECTS: The Contractor will cause appropriate provisions to be inserted in all subcontracts to bind subcontractors to FDA contract requirements as contained herein and to 15 CFR 24 or OMB Circular A-110, as appropriate. Each subcontractor must agree to comply with all applicable Federal, State, and local requirements in addition to those set forth in this section. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 9 of 26 February 2013 No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments. The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids. All subcontracts in excess of $10,000 shall include, or incorporate by reference, the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause. Each subcontract must contain a requirement for compliance with the Davis -Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of compliance. These documents will be submitted to the prime contractor who will compile them and submit to the City. The subcontractor can satisfy this requirement by submitting a properly executed Department of Labor Form WH-347. Each subcontract with every subcontractor must contain a clause committing the subcontractor to employment of local labor to the maximum extent possible. All subcontractors who employ more than 50 employees, and is a prime or first tier subcontractor, and has a subcontract or purchase order of $50,000 or more must submit a completed Standard Form 100 (Compliance Report) by March 30 of each year. Subcontractors performing work in areas covered by published goals for minorities will be required to report monthly on Form CC- 257. SECTION F SEPARATE CONTRACTS F-1 OWNER'S RIGHT: The Owner reserves the right to award separate contracts in connection with other portions of the Work. When separate contracts are awarded for other portions of the Work, "the Contractor" in the Contract Documents in each case shall be the contractor who signs each separate contract. F-2 MUTUAL RESPONSIBILITY OF CONTRACTORS: The Contractor shall afford other contractors reasonable opportunity for the introduction and storage of their materials and equipment and the execution of their work, and shall properly connect and coordinate his work with theirs. If any part of the Contractor's Work depends for proper execution or results upon the work of any other separate contractor, the Contractor shall inspect and promptly report to the Owner any apparent discrepancies or defects in such work that render it unsuitable for such proper execution and results. Failure of the Contractor to inspect and report shall constitute an acceptance of the other contractor's work as fit and proper to receive his Work, except as to defects which may develop in the other separate contractor's work after the execution of the Contractor's Work. Should the Contractor cause damage to the work or property of any separate contractor on the site, the Contractor shall, upon due notice, settle with such other contractor by agreement, if he will so settle. If such separate contractor sues the Owner on account of any damage 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 his 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 Department of Transportation and Public Works shall determine to be just. SECTION G MISCELLANEOUS PROVISIONS G-1 CONFLICT OF LAWS: The law of the place where the site is located shall govern the Contract. The Contractor must familiarize himself and strictly comply with all Federal, State, and County and City Laws, Statutes, Charter, Ordinances, Regulations, or Directives controlling the action or operation of those engaged upon the work affecting the materials used. He shall indemnify and General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 10 of 26 February 2013 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: It is mutually agreed and understood that this agreement is made and entered into by the parties hereto with reference to the existing Charter and Ordinances of the City of Fort Worth and the laws of the State of Texas with reference to and governing all matters affecting this Contract, and the Contractor agrees to fully comply with all the provisions of the same. G-3 PERSONAL 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 Owner is responsible for obtaining the Building Permit. The Contractor and the appropriate subcontractor are responsible for obtaining all other construction permits from the governing agencies. Contractor shall schedule all code inspections with the Code Inspection Division in accordance with the permit requirements and submit a copy of updated schedule to the Construction Manager weekly. Building, plumbing, electrical and mechanical building permits are issued without 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 its own expense, the Owner, its 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, its officers, agents, employees, subcontractors, licensees or invitees, whether or not anv such iniurv. damaae or death is caused. in whole or in part. by the nealiaence or alleged nealiaence of Owner. its officers. servants. or employees. Contractor likewise covenants and agrees to indemnify and hold harmless the Owner from and against any and all injuries to Owner's officers, servants and employees and any damage, loss or destruction to property of the Owner arising from the performance of any of the terms and conditions of this Contract, whether or not anv such iniury or damage is caused in whole or in part by the nealiaence or alleaed nealiaence of Owner. its officers. servants or employees. In the event Owner receives a written claim for damages against the Contractor or its subcontractors prior to final payment, final payment shall not be made until Contractor either (a) submits to Owner satisfactory evidence that the claim has been settled and/or a release from the claimant involved, or (b) provides Owner with a letter from Contractor's liability insurance carrier that the claim has been referred to the insurance carrier. The Director may, if he deems it appropriate, refuse to whom a claim for damages is outstanding as a result of work performed under a City Contract. G-6 SUCCESSORS AND ASSIGNS: Except as provided in Paragraph E-2, this contract shall be binding upon and insure to the benefit of the parties hereto, their Successors or Assigns. Contractor shall not assign or sublet all or any part of this Contract or his 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 him who gives the notice. G-8 SURETY BONDS: Surety Bonds are required on all City contracts in excess of $25,000. The Contractor agrees, on the submittal of his Proposal to make, execute and deliver to said City of Fort Worth good and sufficient surety bonds for the faithful performance of the terms and stipulations of the Contract and for the payment to all claimants for labor and/or materials furnished in the prosecution of the Work, such bonds being as provided and required in Article 5160 of the Revised Civil Statutes of Texas, as amended, in the form included in the Contract Documents, and such bonds shall be 100 percent of the total contract price, and the said surety shall be a surety company duly and legally authorized to do business in the State of Texas, and acceptable to the City Council of the City of Fort Worth. Bonds shall be made on the forms furnished by or otherwise acceptable to the City. Each bond shall be properly executed by both the Contractor and the Surety Company. Bonds required by the City shall be in compliance with all relevant local, state and federal statutes. To be an acceptable surety on the bond the name of the surety should be included on the current U. S. Treasury List of Acceptable Securities [Circular 570], and must be authorized to do business in Texas. Sureties not listed in Circular 570 may write performance and payment bonds on a project without reinsurance to the limit of 10 percent of its capital and surplus. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 11 of 26 February 2013 Such a surety must reinsure any obligation over 10 percent. The amount in excess of 10 percent must be reinsured by reinsurers who are duly authorized, accredited, or trusteed to do business in the State of Texas. Should any surety for the contracted project be determined unsatisfactory at any time during same, the Contractor shall immediately provide a new surety bond satisfactory to the City. If the contract amount is less than $25,000, payment shall be made in one lump sum 30 calendar days after completion and acceptance of the Work. G-9 OWNER'S RIGHT TO CARRY OUT THE WORK: If the Contractor defaults or neglects to carry out the Work in accordance with the Contract Documents or fails to perform any provision of the Contract, the Owner may, without prejudice to any other remedy he may have, enter the site and make good such deficiencies. In such case an appropriate Change Order shall be issued deducting from the payments then or thereafter due the Contractor the cost of correcting such deficiencies, including the cost of the Architect's additional services made necessary by such default, neglect or failure. If the payments then or thereafter due the Contractor are not sufficient to cover such amount, the Contract shall pay the difference to the Owner. G-10 ROYALTIES AND PATENTS: The Contractor shall pay all royalties and license fees. He 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, he shall be responsible for such loss unless he promptly gives such information to Owner. G-11 TESTS: If the Contract Documents, Laws, Ordinances, Rules, Regulations or Orders of any public authority having jurisdiction require any Work to be inspected, tested or approved, the Contractor shall give the Owner timely notice of its readiness and the date arranged so the Architect may observe such inspection, testing or approval. The Owner shall bear all costs of such inspection, tests and approvals unless otherwise provided. If after the commencement of the Work, the Owner determines that any work requires special inspection, testing or approval not included above, the Owner, upon written authorization from the Owner, will instruct the Contractor to order such special inspection, testing or approval, and the Contractor shall give notice as required in the preceding paragraph. If such special inspection or testing reveals a failure of the Work to comply (1) with the requirements of the Contract Documents or (2) with respect to the performance of the Work, with Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, the Contractor shall bear all costs thereof, including the Architect's additional services made necessary by such costs; otherwise the Owner shall bear such costs, and an appropriate Change Order shall be issued. The Contractor shall secure certificate of inspection, testing or approval, and three copies will be promptly delivered by him to the Owner. The Architect will review the certificates and forward one copy of each with his recommendation(s) to the Owner. If the Owner wishes to observe the inspections, tests or 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 his obligations to perform the Work in accordance with the Contract Documents. G-12 INTERRUPTION OF EXISTING UTILITIES SERVICES: The Contractor shall perform the Work under this Contract with a minimum of outage time for all utilities. Interruption shall be by approved sections of the utility. In some cases, the Contractor may be required to perform the Work while the existing utility is in service. The existing utility service may be interrupted only when approved by the Owner. When it is necessary to interrupt the existing utilities, the Contractor shall notify the Owner in writing at least ten days in advance of the time that he desires 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 Architect for adjustment before work affected is performed. Failure to make such notification shall place responsibility upon Contractor to carry out work in satisfactory workmanlike manner at the Contractor's sole expense. The Contractor shall be held responsible for the location and elevation of all the construction contemplated by the Construction Documents. Prior to commencing work, the Contractor shall carefully compare and check all Architectural, Structural, Mechanical an Electrical drawings; each with the other that in any affects the locations or elevation of the work to be executed by him, and should any discrepancy be found, he shall immediately report the same to the Architect for verification and adjustment. Any duplication of work made necessary by failure or neglect on his part to comply with this function shall be done at the Contractor's sole expense. G-14 MEASUREMENTS: Before ordering any material or doing any work, the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 12 of 26 February 2013 No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions indicated on the drawings. Any difference that may be found shall be submitted to the Architect for consideration and adjustment before proceeding with the project. G-15 EXISTING OVERHEAD OR UNDERGROUND WORK: The Contractor shall carefully check the site where the project is to be erected and observe any existing overhead wires and equipment. Any such work shall be moved, replaced or protected, as required, whether or not shown or specified at the Contractor's sole expense. Attention is directed to the possible existence of pipe and other underground improvements that may or may not be shown on the Drawings. All reasonable precautions shall be taken to preserve and protect any such improvements whether or not shown on the Drawings. Location of existing underground lines, shown the Drawings are based on the best available sources, but are to be regarded as approximate only. Exercise extreme care in locating and identifying these lines before excavation in adjacent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS: It shall be the responsibility of the Contractor to make certain in the installation of jointed floor, wall and ceiling materials that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights; 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible. This includes heating registers, light fixtures, equipment, etc. If because of the non -related sizes of the various materials and locations of openings, etc., it is not possible to accomplish the above, the Contractor shall request the Architect to determine the most satisfactory arrangement. The Contractor shall establish centerlines for all trades. G-17 INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from damages. Contractor's operations shall be confined to the immediate vicinity of the new work and shall not in any interfere with or obstruct the ingress or egress to and from existing adjacent facilities. Where new site work is to be connected to existing work, special care shall be exercised by the Contractor not to disturb or damage the existing work more than necessary. All damaged work shall be replaced, repaired and restored to its original condition at no cost to the Owner. G-18 HAZARDOUS MATERIAL CERTIFICATION: It is the intent of the contract documents, whether expressly stated or not, that nothing containing hazardous materials, such as asbestos, shall be incorporated in to the project. The Contractor shall exercise every reasonable precaution to ensure that asbestos -containing materials are not incorporated into any portion of the project, including advising all materials suppliers and subcontractors of this requirement. The Contractor shall verify that components containing lead do not contact the potable water supply. G-19 LOCATION OF EQUIPMENT AND PIPING: Drawing showing location of equipment, piping, ductwork, etc. are diagrammatic and job conditions may not always permit their installation in the location shown. When this situation occurs, it shall be brought to the Architect's attention immediately and the relocation determined in a joint conference. The Contractor will be held responsible for the relocating of any items without first obtaining the Architect's approval. He shall remove and relocate such items at his own expense if so directed by the Architect. Where possible, uniform margins are to be maintained between parallel lines and/or adjacent wall, floor or ceiling surfaces. G-20 OVERLOADING: The Contractor shall be responsible for loading of any part or parts of structures beyond their safe carrying 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 his 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. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 13 of 26 February 2013 3. Clean all cabinets and casework. 4. Dust all ceilings and walls. 5. Dust, and if necessary wash, all plumbing and electrical fixtures. 6. Wash all glass and similar non -resilient materials. 7. All hardware and other unpainted metals shall be cleaned and polished and all equipment and paint or decorated work shall be cleaned and touched -up if necessary, and all temporary labels, tags, and paper coverings removed throughout the buildings. Surfaces that are waxed shall be polished. 8. The exterior of the building, the grounds, approaches, equipment, sidewalks, streets, etc. shall be cleaned similar to interior of buildings and left in good order at the time of final acceptance. All paint surfaces shall be clean and unbroken, hardware shall be clean and polished, all required repair work shall be completed and dirt areas shall be scraped and cleared of weed growth. 9. Clean all glass surfaces and mirrors of putty, paint materials, etc., without scratching or injuring the glass and leave the work bright, clean and polished. Cost of this cleaning work shall be borne by Contractor. 10. Cleaning, polishing, scaling, waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to indicate the required condition at the time of acceptance of all work under the Contract. 11. Burning: Burning of rubbish on the premises will not be permitted. G-23 DUST CONTROL: Precaution shall be exercised at all times to control dust created as a result of any operations during the construction period. If serious problems or complaints arise due to air -borne dust, or when directed by the Architect, operations causing such problems shall be temporarily discontinued and necessary steps taken to control the dust. G-24 FIRE PROTECTION: The Contractor shall at all times maintain good housekeeping practices to reduce the risk of fire damage or injury to workmen. All scrap materials, rubbish and trash shall be removed daily from in and about the building and shall not be permitted to be scattered on adjacent property. Suitable storage space shall be provided outside the immediate building area for storing flammable materials and paints; no storage will be permitted in the building. Excess flammable liquids being used inside the building shall be kept in closed metal container and removed from the building during unused periods. A fire extinguisher shall be available at each location where cutting or welding is being performed. Where electric or gas welding or cutting work is done, interposed shields of incombustible material shall be used to protect against fire damage due to sparks and hot metal. When temporary heating devices are used, a watchman shall be present to cover periods when other workmen are not on the premises. The Contractor shall provide fire extinguishers in accordance with the recommendations and NFPA Bulletins Nos. 10 and 241. However, in all cases a minimum of two fire extinguishers shall be available for each floor of construction. G-25 CUTTING AND PATCHING: Wherever cutting and removal of portions of the existing work is indicated, such work shall be neatly sawed or cut by Contractor in a manner that will produce a neat straight line, parallel to adjacent surfaces or plumb for vertical surfaces. Care should be exercised not to damage any work that is to remain. At no time shall any structural members be cut without written consent from the Architect. G-26 PROJECT CLOSEOUT Final Inspection. Record Drawinas: Attention is called to General Conditions Section entitled, "Substantial Completion and Final Payment". Maintenance Manual: Sheets shall be 8 W x 11", except pull out sheets may be neatly folded to 8 % " 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, other materials. Submit six copies of Maintenance Manual, prior to request for final payment. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 14 of 26 February 2013 Operational Inspection and Maintenance Instruction: The Contractor shall provide at his expense, competent manufacturer's representatives to completely check out all mechanical and electrical systems and items covered by the Drawings and Specifications. This 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 his successor(s) in interest. The Contractor agrees to warrant his work and materials provided in accordance with this contract and the terms of the Technical Specifications contained herein. Unless supplemented by the Technical Specifications or the manufacturer's normal extended warrantees, the Contractor shall warrant all work materials, and equipment against defects for a period of one year from the date of final acceptance. The Contractor further agrees to bear all 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. G-29 CONSTRUCTION FENCE: At the Contractor's option, he may provide a substantial chain -link construction fence around all or a part of the site. The fences and gates must be maintained throughout the construction period. Remove the fences and gates upon completion of the Project and restore the site to the required original or contract condition. G-30 PRODUCT DELIVERY. STORAGE. 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 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 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. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 15 of 26 February 2013 The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete, in accordance with the Contract Documents, so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner. A Calendar 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 BCM with final approval by City of Fort Worth. A Workina Dav is defined as a calendar day, not including Saturdays, Sundays, and legal holidays, in which weather or other conditions not under the control of the Contractor permit the performance of work for a continuous period of not less than seven hours between 7:00 a.m. and 6:00 p.m. However, nothing in these Contract Documents shall be construed as prohibiting the Contractor from working on Saturdays if he so desires. Legal holidays are defined as being New Year's Day, Independence Day, Labor Day, Thanksgiving Day, Christmas Day, Memorial Day, and Veteran's Day. H-2 PROGRESS AND COMPLETION: All the time limits stated in the Contract Documents are of essence to the Contract. The Contractor shall begin the Work on the date of commencement as defined in this Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 DELAYS AND 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 any separate contractor employed by the Owner, or by changes ordered in the Work, or by labor disputes, fire, unusual delay in transportation, unavoidable casualties or any causes beyond the Contractor's control, or by any cause which the Architect determines may justify the delay, then the contract time may be extended by Change Order for such reasonable time as recommended by the Architect and approved by the Owner. When the Contractor is delayed due to abnormal weather conditions, the weather table provided as WT-1 in these Contract Documents shall be used as the basis for providing a fair and equitable adjustment of the contract time. All claims for extension of time shall be made in writing to the Architect no more than fifteen days after the occurrence of the delay; otherwise they shall be waived. 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-4 NO DAMAGE FOR DELAY: No payment, compensation or adjustment or any kind (other than the extensions of time provided for) shall be made to the Contractor for damages because of hindrances or delays from an cause in the progress of the work, whether such hindrances or delays be avoidable or unavoidable, and the Contractor agrees that he will make no claim for compensation, damages or mitigation of liquidated damages for any such delays, and will accept in full satisfaction for such delays said extension of time. SECTION I PAYMENTS AND COMPLETION 1-1 CONTRACT SUM: The Contract Sum is stated in the contract and is the total amount payable by the Owner to the Contractor for the performance of the Work under the Contract Documents. 1-2 SCHEDULE OF VALUES: Before the first Applicable for Payment, the Contractor shall submit to the Architect a Schedule of Values of the various portions of the Work, including quantities 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 its correctness as the Architect may require. Each item in the Schedule of Values shall include its proper share of overhead and profit. This Schedule, when approved by the Architect and the Owner, shall be used as a basis for the Contractor's Applications for Payment. 1-3 ADJUSTMENT OF QUANTITIES (NOT USED) 1-4 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 of materials in place complete and the amount of work performed during the preceding month or period and the value thereof at the prices contracted for as shown on the approved Schedule of Values and Progress Schedule. If payments are to be made on account of materials or equipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments shall be conditioned upon submission by the Contractor of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials or equipment or otherwise protect the Owner's interest including applicable insurance and transportation to the site. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 16 of 26 February 2013 The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment, whether incorporated in the Project or not, will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens, claims, security interests or encumbrances hereinafter referred to as "liens"; and that no Work, materials or equipment covered by an Application for Payment will have been acquired by the Contractor, or by any other persons performing the Work at the site or 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. The Contractor shall prepare each application for payment on AIA Document G702, "Application and Certificate for Payment", and attached thereto AIA Document G703, "Continuation Sheet", to indicate the progress made to date and the period or month for which payment is requested for each Item listed in the Schedule of Values. A copy of the revised monthly work progress schedule must be attached before the pay request can be accepted. 1-5 CERTIFICATES FOR PAYMENT: If the Contractor has made Application for Payment as above, the 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 BCM's observations at the site and the data comprising the Application for Payment, that the Work has progressed to the point indicated; that the quality of the Work is in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole upon Substantial Completion, to the results of any subsequent tests required by the Contract Documents, to minor deviations from the Contract Documents correctable prior to completion, and to any specific qualifications stated in the Certificate); and recommendations to the Owner that the Contractor be paid in the amount certified. In addition, the Architect's approval of final payment assures the Owner that the conditions precedent to the Contractor's being entitled to final payment as set forth in this Section have been fulfilled. After the Architect has issued a Certificate for Payment, the Owner shall approve or disapprove same within ten days after it has been delivered to the Director of the Department of Transportation and Public Works. For contracts less than $400,000, Owner shall pay 90% of the approved estimate to the Contractor within seven days after its approval, and the remaining 10% of each such estimate will be retained by the Owner until the final estimate is approved and the Work is accepted by the City Council of the City of Fort Worth. For contracts in excess of $400,000, the Owner will retain only 5% of each estimate until the final estimate is approved and work accepted by the City Council of the City of Fort Worth. No Certificate for a progress payment, nor any progress payment, nor any partial or entire use or occupancy of the Project by the Owner, shall constitute an acceptance of any Work not in accordance with the Contract Documents, or relieve the Contractor of liability in respect to any warranties or responsibility for faulty materials or workmanship. The Contractor shall promptly remedy any defects in the Work and pay for any damage to other work resulting therefrom that shall appear within a period of one year from the date of final acceptance of the Work unless a longer period is specified. 1-6 PAYMENTS WITHHELD: The BCM may decline to approve an Application for Payment and may withhold his Certificate in whole or in part if in his opinion he is unable to make the representations to the Owner as provided in this Section. The Architect may also decline to approve any Applications for Payment or, because of subsequently discovered evidence or subsequent inspections, may nullify the whole or any part of any Certificate for Payment previously issued to such extent as may be necessary in his opinion to protect the Owner from loss because of: 1) Defective work not remedied; 2) Claims filed or reasonable evidence indicating probable filing of claims; 3) Failure of the Contractor to make payments properly to Subcontractors, or for labor, materials or equipment; 4) Reasonable doubt that the Work can be completed for the unpaid balance of the Contract Sum; 5) Damage to another contractor; 6) Reasonable indication that the Work will not be completed within the Contract Time; or 7) Unsatisfactory prosecution of the Work by the Contractor. When such grounds for the refusal of payment are removed, payment shall be made for amounts withheld because of them. The Owner reserves the right to withhold the payment of any monthly estimate, without payment of interest, if the Contractor fails to perform the Work in accordance with the specifications. 1-7 NOT USED 1-8 LIQUIDATED DAMAGES: 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 General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 17 of 26 February 2013 $100,000 to $500,000 $210 $500,001 to $1,000,000 $315 $1,000,001 to $2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 over $10,000,000 $980 1-9 FAILURE OF PAYMENT: If, without fault on the part of the Contractor, the BCM should fail to issue any Certificate for Payment within seven days after receipt of the Contractor's Application for Payment, if the Contractor's Application for Payment, or if, without fault on the part of the Contractor, the Owner should fail to approve such estimate or to pay to the Contractor 90% or 95% (as applicable) of the amount thereof within the period of time specified, then the Contractor may, upon seven (7) days additional written notice to the Owner and to the Architect, stop the Work until payment of the amount owing has been received. 1-10 SUBSTANTIAL COMPLETION AND FINAL PAYMENT: Prior to the request for final payment, the Contractor must meet all provisions for Project Closeout. When the Contractor determines that the Work is substantially complete, the Construction Manager shall inspect the project with the Contractor and prepare a "Preliminary Punch List". When the Architect, on the basis of a subsequent inspection, determines that the Work is substantially complete, he then will prepare a Certificate of Substantial Completion (G704) which, when approved by the Owner, shall allow the Contractor to request a Certificate of Occupancy which will establish the Date of Substantial Completion. The Certificate of Final Completion shall state the responsibilities of the Owner and the Contractor for maintenance, heat, utilities, and insurance, shall set forth the remaining work as a "final punch list". The Contractor shall complete the remaining work listed therein within 60 calendar days. When the Certificate of Occupancy has been issued, the retainage will be reduced to 4%. Upon completion of the work listed on the final punch list to the satisfaction of the City of Fort Worth, the retainage may be reduced to 2.5%. Should the Contractor fail to complete all contractual requirements of the contract, including submittals and final pay request within the fixed 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 his property might in any way be responsible, have been paid or otherwise satisfied, 2) Consent of Surety to Final Payment (G707), if any, to final payment, 3) Contractor's Affidavit of Release of Liens (G706A), and, 4) Other data establishing payment or satisfaction of all such obligations, such as receipts, releases, and waivers of liens arising out of the Contract, to the extent and in such form as may be designated by the Owner. 5) Contractor's Warranty 6) Statement that all outstanding work has been completed 7) Issuance of the Final Certificate of Substantial Completion 8) Final acceptance by the City of Fort Worth. If any Subcontractor, materialman or laborer refuses to furnish a Contractor's Affidavit of Release of Liens, the Contractor may, at the election of the Owner, furnish a bond satisfactory to the Owner to indemnify him against any right, claim or lien which might be asserted by such Subcontractor, materialman or laborer. If any such right, claim or lien remains unsatisfied after all payments are made. The Contractor shall refund to the Owner all monies that the latter may be compelled to pay to discharging such right, claim or lien, including 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 Contractors one-year warranty will commence upon final acceptance of the Project by the City of Fort Worth. The designated representative of the City Council of the City of Fort Worth will make final acceptance and no other form of acceptance will be binding upon the Owner. Final payment and release of the retainage amount will become due within fifteen days following acceptance. 1-11 FINAL PAYMENT FOR UN -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. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 18 of 26 February 2013 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 his organization at the site whose duty shall be the prevention of accidents. This person shall be the Contractor's superintendent unless otherwise designated in writing by the Contractor to the Architect. J-2 SAFETY OF PERSONS 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 his Subcontractors or Sub -contractors; and (3) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or replacement in the course of construction. Until acceptance of the Work, it shall be under the charge and care of the Contractor, and he shall take every precaution against injury or damage to the Work by the action of the elements or from any other cause whatsoever, whether arising from the execution or from the non -execution of the Work. The Contractor shall rebuild, repair, restore and make good, at his own expense, all injuries or damages to any portion of the Work occasioned by any of the above, caused before its completion and acceptance. The Contractor shall comply with all applicable 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. He shall erect and maintain, as required by existing conditions and progress of the Work, all reasonable safeguards for safety and protection, including posting danger signs and other warnings against hazards, promulgating safety regulations and notifying owners and users of adjacent utilities. When the use or storage of 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 him or for whose acts he may be liable, and not attributable to the fault or negligence of the Contractor or anyone claiming through the Contractor for such damage or loss. The Contractor shall not load or permit any part of the Work to be loaded so as to endanger its safety. 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 ten 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 his discretion to prevent threatened damage, injury or loss. Any additional compensation or extension of time claimed by the Contractor on account of emergency work shall be determined as provided in Changes in the Work. J-5 SAFE WORK PRACTICES: The Contractor shall employ safe practices in handling materials and equipment used in performing required work so as to insure the safety of his workmen, City employees and the public. The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish. At the completion of the work, the Contractor shall remove all his wastes and rubbish from and about the work area, as well as his tools, equipment and surplus materials and shall leave the area as clean and free of spot, stains, etc., as before the work was undertaken. J-6 TRENCH SAFETY: The Contractor shall be responsible for all design and implementation of trench shoring and stabilization to meet regulatory requirements. If the Proposal requires, the Contractor shall include a per -unit cost for trench safety measures in his bid. If not included in the Proposal, the Contractor shall include a cost for trench safety measures for all trenches over 5 feet in depth in his Schedule of Values. SECTION K - INSURANCE K-1 INSURANCE REQUIRED: The Contractor shall not commence work under this Contract until he has obtained all insurance required under this Section and such insurance has been approved by the City of Fort Worth, nor shall the Contractor allow any Subcontractor to commence work to be performed under this Contract until all similar insurance of the Subcontractor has been so obtained and approved. The City of Fort Worth will be listed as an "additional insured" on all policies except Worker's Compensation. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 19 of 26 February 2013 M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the Owner as defective or as failing to conform to the Plans and Specifications whether observed before or after Substantial Completion and whether or not fabricated, installed or completed. The Contractor shall bear all costs of correcting such rejected Work, including the cost of the Architect's additional service thereby made necessary. If, within one year after the Date of Substantial Completion or within such longer period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents, any of the work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Owner to do so, unless the Owner has previously given the Contractor a written acceptance of such condition, describing same specifically and not generally. The Owner shall give such notice promptly after discovery of the condition. All such defective or non -conforming work under the preceding paragraphs shall be removed from the site where necessary and the work shall be corrected to comply with the Contract Documents without cost to the Owner. 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 him 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 a Change Order will be issued to reflect an appropriate reduction in the Contract Sum, or, if the amount is determined after final payment, it shall be paid by the Contractor. SECTION N TERMINATION OF THE CONTRACT N-1 TERMINATION BY THE CONTRACTOR: If the work is stopped for a period of 30 days under an order or any court or other public authority having jurisdiction, through no act or fault of the Contractor or a Subcontractor or their agents or employees or any other persons performing any of the work under a contract with the Contractor, or if the work should be stopped for a period of 30 days by the Contractor for the Owner's failure to make payment thereon as provided in Section I, then the Contractor may after the end of such period of 30 days and upon seven additional days' written notice to the Owner , terminate the Contract. N-2 TERMINATION BY THE OWNER: If the Contractor is adjudged as bankrupt, or if he makes a general assignment for the benefit of his creditors, or if a receiver is appointed on account of his insolvency, of if the Contractor refuses, except in cases for which extension of time is provided, to supply enough properly skilled workmen or proper materials, or if he fails to make prompt payment to Subcontractors or for materials or Tabor, or fails to comply with al Laws, Statutes, Charter, Ordinances, Regulations or Orders of any public authority having jurisdiction, or otherwise is guilty of a substantial violation of a provision of the Contract Documents, then the Owner, on its own initiative that sufficient cause exists to justify such action, may, without prejudice to any rights or remedy and after giving the Contractor and his surety, if any, seven (7) days' written notice, terminate the employment of the Contractor and take possession of the site and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Contractor and may finish the work by whatever method he may deem expedient. In such case the Contractor shall not be entitled to receive any further payment until the Work is finished. If the costs of finishing the Work, including compensation for the Architect's additional services. exceed the unpaid balance of the Contract, the Contractor shall pay the difference to the Owner. The City of Fort Worth may terminate this contract in whole, or from time to time, in part, whenever such termination is in the best interest of the City. Termination will be effected by delivering to the Contractor a notice of termination specifying to what extent performance of the work of the contract is being terminated and the effective date of termination. After receipt of termination the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination. b) Place no further orders or subcontracts except as may be necessary for the completion of the work not terminated. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 24 of 26 February 2013 c) Terminate all orders and subcontracts to the extent that they relate to the performance of the work terminated by the notice of termination. After termination as above, the City will pay the Contractor a proportionate part of the contract price based on the work completed; provided, however, that the amount of payment on termination shall not exceed the total contract price as reduced by the portion thereof allocatable to the work not completed and further reduced by the amount of payments, if, any otherwise made. Contractor shall submit its claim for amounts due after termination as provided in this paragraph within 30 days after receipt of such claim. In the event of any dispute or controversy as to the propriety or 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 0 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. 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 himself, his subcontractors and use by the Architect. For construction contracts with a bid price in excess of $1,000,000.00, the Contractor shall provide a separate field office for the City's field representative (but the separate office may be in the same structure). The buildings shall afford protection against the weather, and each office shall have a lockable door, at least one window, adequate electrical outlets and lighting, and a shelf large enough to accommodate perusal of the project drawings. Openings shall have 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 deck, four chairs, plan rack and a four drawer filing cabinet (with lock). Each office shall contain not less than 120 square feet of floor space. The Contractor shall provide and maintain storage sheds other temporary buildings or trailers on the project site as required for his use. Location of sheds and trailers shall be as approved by the Owner. Remove sheds when work is completed, or as directed. P-5 TELEPHONE: The Contractor shall provide and pay for telephone installation and service to the field offices described above. Service shall be maintained for the duration of operations under this contract. The Contractor shall provide for and pay for an automatic telephone -answering device at the site office for the duration of the project. Contractor will install separate fax lines and instruments for the City and the Contractor. P-6 TOILET FACILITIES: The Contractor shall provide proper, sanitary and adequate toilet facilities for the use of all workmen and subcontractors employed on the project. 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. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 25 of 26 February 2013 Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work. Provide pumps, tanks and compressors as may be required to produce required pressures. Electric Service. Provide adequate electric service for power and lighting to all points where required. Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors, welding machines, lights, heating plant, air conditioning system, pumps, and other work required. Provide sufficient number of electric outlets so that 50 foot long extension cords will reach all work requiring light or power. Lighting. Supply and maintain temporary lighting so that work of all trades may be properly and safely performed, in such areas and at such time that day -lighting is inadequate. Provide at least 0.75 watts of incandescent lighting per 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 HEATING: Heating devices required under this paragraph shall not be electric. The Contractor shall provide heat, ventilation, fuel and services as required to protect all work and materials and to keep the humidity down to the extent required to prevent corrosion of any metal and to prevent dampness or mildew which is potentially damaging to materials and finishes. All such heating, ventilation and services shall be provided and maintained until final acceptance of all work. In addition, the Contractor shall provide heat ventilation prior and during the following work operations as follows: a) At all times during the placing, setting and curing of concrete provide sufficient heat to insure the heating of the spaces involved to not less than 40 F. b) From the beginning of the application of drywall and during the setting and curing period, provide sufficient heat to produce a temperature in the spaces involved of not less than 55 F. c) For a period of seven (7) days previous to the placing of interior finish materials and throughout the placing of finish painting, decorating and laying of resilient flooring materials, provide sufficient heat to produce a temperature of not less than 60 F. P-9 TEMPORARY CONSTRUCTION. EQUIPMENT AND PROTECTION: The Contractor shall provide, maintain, and remove upon completion of the work all temporary rigging, scaffolding, hoisting equipment, rubbish chutes, ladders to roof, barricades around openings, and all other temporary work as required to complete all work of the Contract. Contractor shall coordinate the use and furnishing of scaffolds with his sub -contractors. The Contractor shall provide, maintain, and remove upon completion of the work, or sooner, if authorized by the Owner, all fences, barricades, lights, shoring, pedestrian walkways, temporary fire escapes, and other protective structures or devices necessary for the safety of workmen, City employees, equipment, the public and 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 him upon completion of the Contract work. The following information which will be furnished by the City to the Contractor shall be posted on the bulletin board and shall be maintained by the Contractor in easily readable condition at all times for the duration of the Contract. a. The Equal Opportunity Poster and Notice Nondiscrimination of Employment (Standard Form 38). b. Wage Rate Information Poster (Form SOL 155), with the Contract Schedule of minimum wage rates as required by the Davis -Bacon Act. c. Safety Posters. SECTION Q VENUE Should any action arise out of the terms and conditions of this contract, venue for said action shall lie in Tarrant County, Texas. General Conditions of the Contract for Construction Lump Sum Contract (MBE, 06Dec12R) WRMC Richardson -Bass Exhibit Area Renovation Page 26 of 26 February 2013 CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT (LUMP SUM) THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT This agreement made and entered into this the 5th day of February A.D., 2013, by and between the CITY OF FORT WORTH, a municipal corporation of Tarrant County, Texas, organized and existing under and by virtue of a special charter adopted by the qualified voters within said City on the 11th day of December, A.D. 1924, under the authority (vested in said voters by the "Home Rule" provision) of the Constitution of Texas, and in accordance with a resolution duly passed at a regular meeting of the City Council of said City, hereinafter called OWNER, and Modern Contractors. Inc. of the City of Bedford, County of Tarrant, State of Texas, hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned to be made and performed by the Owner, and under the conditions expressed in the bond bearing even date herewith, the said Contractor hereby agrees with the said Owner to commence and complete the construction of certain improvements described as follows: Will Rogers Memorial Center Richardson -Bass Exhibit Area Renovation 1501 Rip Johnson Drive Fort Worth, Texas TPW2012-13 City Project No. 02078 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions there from, the price shown on the Proposal submitted by the successful bidder hereto attached and made a part hereof. Payment will be made in monthly installments upon actual work completed by contractor and accepted by the Owner and receipt of invoice from the Contractor. The agreed upon total contract amount shall be $1.571.000.00 (includina an Allowance of $10.000.00 and an Alternate of $13.000.00). Allowance No. 1 is for Signage/Graphics. Any Allowance remaining at the end of the construction will be retained by the City of Fort Worth. Alternate No. 1 is for the Access Control Hardware in lieu of the Standard Hardware. 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 Construction Contract (Lump Sum) WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 5 February 2013 covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors. a. WORKER'S COMPENSATION INSURANCE: • Statutory limits. • Employer's liability: • $100,000 disease each employee. • $500,000 disease policy limit. • $100,000 each accident. b. COMMERCIAL GENERAL LIABILITY INSURANCE: The Contractor shall procure and shall maintain during the life of this contract public liability insurance coverage in the form of a Commercial General 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. g. 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 Construction Contract (Lump Sum) WRMC Richardson -Bass Exhibit Area Renovation Page 2 of 5 February 2013 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: a. The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. b. Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. c. Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-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. f. Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000. per occurrence unless otherwise approved by the Owner. g. 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. h. Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. i. Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. j. Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. k. In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known Toss occurrence which could give rise to a liability claim or lawsuit or which could result in a property Toss. I. 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. Construction Contract (Lump Sum) WRMC Richardson -Bass Exhibit Area Renovation Page 3 of 5 February 2013 If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived. Separate permits will be required for each facility. If the Contractor should fall to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated, plus any additional time allowed as provided in the General Conditions, there shall be deducted from any monies due or which may thereafter become due him, the liquidated damages outlined in the General Conditions, not as a penalty but as liquidated damages, the Contractor and his Surety shall be liable to the Owner for such deficiency. IN WITNESS WHEREOF, the City of Fort Worth has caused this instrument to be signed in four counterparts in its name and on its behalf by the City Manager and attested by its Secretary, with the corporate seal of the City of Fort Worth attached. The Contractor has executed this instrument through its duly authorized officers in four counterparts with its corporate seal attached. xxxxxxxxxxxxxxxxxxxx The Remainder of this Page is Intentionally Left Blank xxxxxxxxxxxxxxxxxxxx Construction Contract (Lump Sum) WRMC Richardson -Bass Exhibit Area Renovation Page 4 of 5 February 2013 Done in Fort Worth, Texas, this the 20c, "day of le614/414')/ * .....TORS....o,��, Modern Contractors, Irte.c9 By: Anil Jacob President • LL ;%. 73.'87706 e‘, APPROVAL RECOMMENDED: LL L 2 By: SEALJE Douglas'. Wiersig, PE Director, Transportation & Publi Works Dept. APPROV C A QR(EQ AbtD LEGALITY: By: Douglas W. Black Assistant City Attorney By: APPROVED: CITY OF FORT WO TH A.D., 2013. Fernando Costa Assistant City Manager RECORDED: By: Date: Mary J. Kayser City Secretary' M&C C-26092 (February 5, 2013) Contract Authorization VAS a a A 0 % w o d �'$ © Construction Contract (Lump Sum) WRMC Richardson -Bass Exhibit Area Renovation Page 5 of 5 February 2013 THE STATE OF TEXAS COUNTY OF TARRANT Bond # 105860537 PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, Modern Contractors. Inc. , known as "Principal" herein, and Trayelars_gasually and Surety Company of America a corporate surety (sureties), duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the taws of the State of Texas, known as "City" herein, in the penal sum of, One -Million and Five -Hundred & Seventy -One -Thousand and No Cents Dollars ($1.571.000.00) , 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 5`" day of February . •, 2013, 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 Will Rogers Memorial Center Richardson -Bass Exhibit Area Renovation. TPW2012-13, City Project No. 02078, 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. Payment Bond (10Apr12) Page 1 of 2 WRMC Richardson -Bass Exhibit Area Renovation February 2013 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 8th day of ATTEST: (Principal) Secretary 2, „ Witness as to Principal ATTEST: (Surety) Secretary Witness as to Surety February .2013. PRINCIPAL: Modern Contractors, Inc. BY: _ Signature 19Ni L YAcoR Name and Title Address: EAL 72 E3i bEE�)Yypv�v�(tC�ORS���i \kN05, I I : /tic% 2008 Plaza Drive Bedford. TX 76021 cpKPCR4T0 .ter SURETY: Travelers Casualty and Surety Company of America BY: Sign Julie Smith, Attorney -in -Fact Name and Title Address: 1301 E Collins Blvd, Suite 111 Richardson, TX 75081 Telephone Number: (214) 570-6632 *Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Payment Bond (10Apr12) WRMC Richardson -Bass Exhibit Area Renovation Page 2 of 2 February 2013 Bond # 105860537 PERFORMANCE BOND THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That we, Modern Contractors. Inc. known as "Principal" herein and J �' JZ�a,) L�?--S , S .a T T� it 5 ,, .,7 y �nrrPt, r.K1 of A ps,,(7 r, 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 One -Million and Five -Hundred & Seventv-One-Thousand and No Cents Dollars ( $1,571,000.00), lawful money of I I the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and I' truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly 11 and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 1 1 I 5`h. day of February. , 2013, 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 Ias Will Rogers Memorial Center Richardson -Bass Exhibit Area Renovation. TPW2012-13. City Proiect No. 02078. 1 I 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. Performance Bond (10Apr12) WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 2 February 2012 If II II I I II , II 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. 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 Fehriianr ATTEST: (Principal) Secretary Witness as to Principal PRINCIPAL: Modern Contractors. Inc. BY:L l Signature Address: N 1 / TACDA 7f2r=riD6-7y7— Name and Title 200R Playa Drivc± Bedford, TX 76021 SURETY: Travelers Casualty and Surety Company of America BY: Julie Sirtith, Attorney -in -Fact Name and Title Address: 1301 E Collins Blvd.. Suite 111 Richardson. TX 75081 Witness as to Surety Telephone Number: (214) 570-6632 "Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Performance Bond (10Apr12) WRMC Richardson -Bass Exhibit Area Renovation Page 2 of 2 February 2012 TRAVELERS) Attorney -In Fact No. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER POWER OF ATTORNEY Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company 226008 Certificate No. 0 0532 4 4 42 KNOW ALL MEN BY THESE PRESENTS: That Farmington Casualty Company, St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company are corporations duly organized under the laws of the State of Connecticut, that Fidelity and Guaranty Insurance Company is a corporation duly organized under the laws of the State of Iowa, and that Fidelity and Guaranty Insurance Underwriters, Inc., is a corporation duly organized under the laws of the State of Wisconsin (herein collectively called the "Companies"), and that the Companies do hereby make, constitute and appoint Steve Burleson, Staci Gross, and Julie Smith of the City of Wichita Falls , State of Texas , their true and lawful AttorneY()s -n-Fact, i each in their separate capacity if more than one is named above, to sign, execute, seal and acknowledge any and all bonds, recognizances, conditional undertakings and other writings obligatory in the nature thereof on behalf of the Companies in their business of guaranteeing the fidelity of persons, guaranteeing the performance of contracts and executing or guaranteeing bonds and undertakings required or permitted in any actions or proceedings allowed by law. IN WITNESS WHEREOF, the Companies have caused this instrument to be signed and their corporate seals to be hereto affixed, this day of January 2 Farmington Casualty Company Fidelity and Guaranty Insurance Company Fidelity and Guaranty Insurance Underwriters, Inc. St. Paul Fire and Marine Insurance Company St. Paul Guardian Insurance Company State of Connecticut City of Hartford ss. By: 8th St. Paul Mercury Insurance Company Travelers Casualty and Surety Company Travelers Casualty and Surety Company of America United States Fidelity and Guaranty Company Robert L. Raney, Senior Vice President 8th January 2013 On this the day of , before me personally appeared Robert L. Raney, who acknowledged himself to be the Senior Vice President of Farmington Casualty Company, Fidelity and Guaranty Insurance Company, Fidelity and Guaranty Insurance Underwriters, Inc., St. Paul Fire and Marine Insurance Company, St. Paul Guardian Insurance Company, St. Paul Mercury Insurance Company, Travelers Casualty and Surety Company, Travelers Casualty and Surety Company of America, and United States Fidelity and Guaranty Company, and that he, as such, being authorized so to do, executed the foregoing instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. In Witness Whereof, I hereunto set my hand and official seal. My Commission expires the 30th day of June, 2016. NO GIA(J(► C . Marie C. Tetreault, Notary Public 58440-8-12 Printed in U.S.A. WARNING: THIS POWER OF ATTORNEY IS INVALID WITHOUT THE RED BORDER STPAUL TRAVELERS IMPORTANT NOTICE St. Paul Travelers Bond 1301 E. Collins Blvd Richardson 7X 75081 Phone: 800-842-0612 Fax: 214-570-6405 TO OBTAIN INFORMATION OR MAKE A COMPLAINT: You may contact Travelers Casualty & Surety Company of America, Travelers Casualty & Surety Company, Travelers Indemnity Company, Standard Fire Insurance Company and/or Farmington Casualty Company for information or to make a complaint at:. Travelers Bond Attn: Claims 1500 Market Street West Tower, Suite 2900 Philadelphia, PA 19102 (267) 675-3057 (267) 675-3102 Fax You may contact the Texas Department of Insurance to obtain the information on companies, coverages, rights or complaints at: Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 (800) 252-3439 ATTACH THIS NOTICE TO YOUR BOND. This notice is for information only and does not become a part or a condition of the attached document and is given to comply with Section 2253-021, Government Code, and Section 53.202, Property Code, effective September 1, 2001. ,"`.^"$ 4' —0" // / 2' —0„ t. 2'-0" CENTERLINE OF SIGN, LOGO & TEXT INFORMATION 't FORTWORTH® Project Title Architect: Architect's Name Contractor: Contractor's Name FUNDED BY (List Bond Fund, etc.) SCHEDULED COMPLETION DATE YEAR SIGN COLOR & FONT: 0' • • • BACKGROUND - WHITE BORDER - 5/16"WIDE, 3"RADIUS CORNERS, PMS 288 (BLUE) TEXT - HELVETICA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 288 (BLUE), CHELTENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN Project Designation Sign WRMC Richardson -Bass Exhibit Area Renovation Page 1 of 1 February 2013