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Home My WebLink AboutContract 41332-------~-------:--.._ THE CITY OF FORT WORTH, TEXAS ' THIS COPY IS FOR: CONTRACTOR CONTRACTOR'S BONDING C ~ CITY SECRETARY SPONSORING DEPT Construct East Multi-Purpose Facility __ PROJECTMANAGER __ TPW FILE COPY at Will Rogers Memorial Center TPW2010-10 City Project No. 01627 CITY SECRETARY , \ , '2 ~~ CONTRACT NO ._'--M...:;..._..;0=~-.d>-- MIKE MONCRIEF DALE FISSELER, PE MAYOR CITY MANAGER William Verkest, PE Director, Transportation & Public Works Department Kirk Slaughter Director, Public Events Department Hahnfeld Hoffer Stanford Rogers-O'Brien Construction Company, Ltd. December 2010 WRMC East Multi-Purpose Facility OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX December 2010 City of Fort Worth, Texas Mayor and Council Communication ,,, COUNCIL ACTION: Approved on 12/14/2010 DATE: Tuesday , December 14, 2010 REFERENCE NO.: C-24664 LOG NAME: 20WRMCEASTMUL TIPURPOSE SUBJECT: Authorize a Construction Contract in the Amount of $15,443 ,305 .00 with Rogers-O'Brien Construction Company , Ltd, Authorize a Construction Administration Services Agreement in the Amount of $398,450 .00 Plus Up to $8,900.00 in Reimbursable Expenses with Hahnfeld Hoffer Stanford , Inc., and Authorize a Materials Testing Agreement in the Amount of $120 ,068 .00 w ith CMJ Engineering, Inc., to Construct the East Equestrian Facility at the Will Rogers Memorial Center (COUNCIL DISTRICT 7) . --·· --.. ·-... ---·~ .. --·---· RECOMMENDATION: It is recommended that the City Council: 1. Execute a construction contract in the amount of $15,443 ,305.00 with Rogers-O'Brien Construction Company, Ltd . to construct the East Equestrian Facility at Will Rogers Memorial Center; 2. Execute a construction administration services agreement in the amount of $398,450 .00 plus up to $8,900.00 in reimbursable expenses with Hahnfeld Hoffer Stanford, Inc. to construct the East Equestrian Facility at WRMC; and 3. Execute a geotechnical materials testing agreement in the amount of $120,068.00 w ith CMJ Engineering, Inc . to construct the East Equestrian Facility at WRMC. · DISCUSSION: On June 22, 2010, (M&C G-16967) the City Council adopted an ordinance providing for the issuance-of City of Fort Worth , Texas , Combination Tax and Revenue Certificates of Obligation, Series 2010 in an aggregate principal amount not to exceed $34,685,000.00; establishing parameters regard ing the sale of the Certificates of Obligation (CO); approving the execution of a Purchase Agreement and ordaining other matters relating to the subject East Equestrian Facil ity at WRMC. On October 12 , 2010, (M&C C-24538) the City Council adopted an ord inance increasing the estimated receipts and appropriations in the Public Events Capital Projects Fund in the amount of $33,785,120 .26 and in the Convention Center Debt Service Fund in the amount of $1 ,045 ,089.78 , from the sale of the Combination Tax and Revenue Certificates of Obligation, Series 2010 , and accrued interest, for the Will Rogers Improvements; and authorized the City Manager to execute a design procurement agreement in an amount up to $1,350 ,000.00 with Event Facilities Fort Worth, Inc. The Request for Competitive Sealed Proposals was advertised in the Fort Worth Star-Telegram on August 12, 2010 and 19, 2010. Fifteen firms submitted proposals and one subsequently withdrew its proposal. Ten firms submitted the required Post Bid-Pre Award documents. The following 1 O proposals were received (base proposal with Add Alternates Nos. 1, 2, 3 and 5 and an allowance for use by the City only: Rogers-O'Brien Construction"Company, Ltd. 1$15 ,376,510.00 jBartlett Cocke, LP 11 $15,543,439.00 jsedalco, Inc. jj$15,923,670.00 IAUI Contractors, LLC 11$15,997,914.00 EMJ Corporation j$16,002, 100.00 Lee Lewis Construction, Inc. j$16, 118,700.00 . jThos. S . Byrne, Ltd . j$16,290,627.00 Crossland Construction Company, Inc. $16,368 ,000.00 ' ~-'--k Group, LLC $17,632,239.00 Austin Commercial, LP $18,169,000 .00 Based on a weighted matrix including price, schedule, M/WBE participation, reputation, and experience , Rogers-O'Brien Construction Company, Ltd., was determined to offer the best value for the City. The overall project cost for the parking garage is expected to be: Design $ 1,350,000.00 Construction Administration Services I$ 407,350.00 Construction $15,443,305.00 FF&E $ 3,175,700.00 II Utilities, Geotech, ITS, Contingency, Staff $13,408,765.26 Total $33,785,120.26 The construction contract.amount of $15,443,305.00 is based on the base proposal , add alternates, Post Bid-Pre Award revisions, and a three percent allowance for use by the City only. Rogers-O'Brien Construction Company, Ltd., is in compliance with the City's M/WBE Ordinance by committing to 45 percent M/WBE participation on the TPW base bid plus identified alternates. The City's goal on this base bid contract is 20 percent. Hahnfeld Hoffer Stanford, Inc., is in compliance with the City's M/WBE Ordinance by committing to 10 percent M/WBE participation . The City's goal for this project is 10 percent. CMJ Engineering, Inc., is in compliance with the City's M/WBE Ordinance by committing to 15 percent M/WBE participation. The City's goal for this project is 15 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 funds are available in the current capital budget, as appropriated , of the Public Events Capital Projects Fund. FUND CENTERS: TO Fund/Account/Centers CERTIFICATIONS: Submitted for City Manager's Office by: Originating Department Head: Additional Information Contact: ATTACHMENTS 1. CMJ MWBE comp li ance.pdf (CFW Internal) 2. HHS MWBE compliance .pdf (CFW Internal) FROM Fund/Account/Centers 1) C234 541200 247060162780 2) C234 531200 247060162730 .3) C234 531060 247060162780 Fernando Costa (6122) William Verkest (7801) Dalton Murayama (8088) 3. Rogers-O'Brien MWBE comp liance .pdf (CFW Internal) 4. WRMC East Mu ltipurpose Faci li ty.pdf (Public) $15.443.305.00 $407.350 .00 $120.068.00 EAST EQUESTRIAN FACILITY FORT WORTH® ' ·-, ··.· .. ,-.... ~ .,. TRANSPORTA TION A ND PUBLIC WORKS ARCHI TE CTURA L SERVICES BID TA BULATI ON Project: EAST M ULT I-PU R POSE FACILITY Tabulated by: VICKI MCDONALD WILL R O GER S MEMORI AL CENTER N ORTHWEST C ORN E R O F UNIVER SITY DRIV E & H A RLEY A VENU E F O RT WORTH Construction Estimate: $20 -$25 Million Project#: TPW Project#: Bi d Date: Advertised : 01596 TPW2010-10 SEPTEMBER 16, 2010 AUGUST 12 & 19 , 2010 DESCRIPTIO N BASE PROPOSAL 3% CON TIN GEN CY TO TAL PROPOSAL Off-Site Improvement Costs: ALTERNATES Alte rnate No. 1 Alte rnate No . 2 Alternate No. 3 Alternate No. 4 Alternate No. 5 TOTAL OF AL TERNA TES : CA LENDAR DAYS : John Justin Parking Garage & Pedestrian Walkway CALENDAR DAYS : East Mu lti-Purpose Fa cility CALENDA R DAYS : Canopy & Tun nel Con nections ADDENDUM 'S: W.G. Yates & Sons Construction Company 14500 Trinity Blvd ., Ste. 106 $ s $ Fort Wort h, TX 76155 817-554-51 07 817-554-3957 FAX BI D 11 ,601 ,200 .00 358,800.00 11,960,000.00 150,000.00 24,000.00 334,000.00 94,000.00 165,000.00 77,000.00 694,000.00 289 364 472 9 Addendums: 9 2 R ogers-O 'Brien Constr uction Bartlett Coc ke , LP. Company , Ltd. 1901 Rega l Row 2026 Ben Vvhite Blvd ., Ste. 200 Dall as , TX 75235 Austin, TX 78741 214-962-3000 512-326-4223 21 4-962 -30 01 FAX 512-326-3990 FAX BID BID $ 14,537 ,000.00 $ 14,772 ,077.00 $ 436,000.00 $ 457,178.00 $ 14,973,000 .00 $ 15 ,229,255 .00 $ 111 ,000.00 $ 23 ,000.00 $ 24,400.00 $ 25,200.00 $ 225,000.00 $ 187 ,000.00 $ 88,000.00 $ 92,000.00 $ 193 ,000.00 $ 202,000.00 $ 66,000.00 $ 24,000.00 596,400.00 $ 530,200.00 380 290 380 290 590 245 9 9 4 AUi C ont ract ors , LLC 4775 North Freeway Fort Worth , Texas 76106 817-926-4377 817-926-43 87 FAX BID $ 15,003 ,800.00 $ 450,11 4.00 $ 15,453,914.00 $ 100,000.00 $ 18,000.00 $ 370,000.00 $ 100 ,000.00 $ 2 10,000.00 · $ 56,000.00 754,000.00 279 292 292 9 5 Sedalco, Inc. 2554 Easl Long Avenue Fort Worth , TX 76137 817 -83 1-22 45 817-831-2248 FAX BID $ 15,049,000 .00 $ 451 ,470.00 $ 15,500,470.00 $ 70,500.00 $ 12,200.00 $ 256,000.00 $ 110 ,000.00 $ 240 ,000.00 $ 45,000.00 $ 663,200.00 396 396 652 9 6 Lee Lew is C onstruction, Inc. 17177 Preston Rd, Ste.160 Dall as, TX 75246 972-818-0700 972-818-0706 FAX BID $ 15,090,0 00 .00 $ 452,700.00 $ 15,542,700.00 $ 64,000.00 $ 24,000.00 $ 44 1,000.00 $ 87,000.00 $ 195,000.00 $ 24,000.00 $ 771 ,000.00 365 365 620 7 E MJ Corporation Thos. S. Byrne, Ltd. 5525 N Ma c Arthur Bl vd., Ste. 400 3100 W7th St reet, Ste. 200 $ $ $ $ $ $ $ $ $ $ Irving , TX 75038 972-560-1210 972-580-8202 FAX BID 15,100,000 .00 $ 45 3,000.00 $ 15,553,000.00 $ 230 280 110 245,000.00 $ 24,400.00 $ 288,000.00 $ 113,000.00 $ 207,000.00 $ 23,700.00 $ 656,100.00 Fort Worth , TX 76 107 817-335-3394 817-877-55 07 FAX BID ,. 15,125,000.00 453,750.00 15,578,750.00 25,503.00 24,476.00 524 ,9 19.00 102 ,739.00 234 ,333.00 39,000.00 925,467.00 289 326 151 Proje ct: Project#: TPW Project#: Bid Date: Advertised: EAST MUL Tl-PURPOSE FA WILL ROG ERS MEM ORIAL NORTHWES T CO RNER OF FORT WO RTH 0 1596 TPW2010-10 SEPTEMBER 16, 2010 AUGUST 12 & 19, 2010 9 10 TRANSPORTATION AND PUBLIC WORKS ARCHITECTURAL SERVIC ES BID TABULATION 11 12 Jeffre y C. Stone, Inc . dba Ratcliff Constructors, L.P . Crossland Construction Mc Carthy Building DESCRIPTION BASE PROPOSAL 3% CO NTINGE NCY TOTAL PROPOSAL Off-Site Imp rovement Costs: ALTERNATES $ $ $ Alte rn ate No. 1 $ Alte rna te No. 2 $ Alternate No. 3 $ Alternate No. 4 $ Alternate No. 5 $ TOTAL OF AL TERNA TES: $ CALENDAR DAYS: John Justin Parking Garage & Summit B uilde rs 15825 Tom ball Pkwy , #5 Hous ton , TX 77 086 26 1-560-1699 26 1-580-S77 0 FAX BID 15,400,000 .00 $ 462,000.00 $ 15,862,000 .00 $ 40,000.00 $ 25,000.00 $ 270 ,000.00 $ 100,000.00 $ 150,000 .00 $ 14 ,000.00 $ 559,000.00 $ Pedestrian Wal kway 210 CALENDAR DAYS : East Multi -Purpose Facility 300 CALENDAR DAYS : Canopy & Tunnel Conne ctions 240 ADDENDUM'S : 9 420 0 Seti.way Drive Add iso n, TX 75001 972-432-9969 972-432-9943 FAX BID 15,415,000.00 $ 476,000.00 S 1 5,891 ,000.00 $· 300 365 270 63,000.00 $ 28,000.00 $ 268,000.00 $ 122,000,00 $ 192,000 .00 $ 75,000.00 $ 685,000.00 $ Company, Inc. Compani es, Inc. 86 1 N Co leman, Ste. 100 1200 1 N Centra l Expwy, Ste. 400 Prosper, Texas 75 07 8 972-347-5659 972-347 -3526 FAX BID 15,500 ,000.00 $ 465,000.00 $ 15,965,000.00 $ 300 630 300 175,000.00 $ 24,000.00 $ 259,000.00 $ 97 ,000.00 $ 122,000.00 $ 23 ,000.00 $ 525,000.00 $ Dallas, TX 75243 972-991-5 500 972-99 1-9249 FAX BID 16,1 80,0 00.00 $ 485,400.00 $ 16,665,400 .00 $ 290 290 185 127,000.00 S 26,000.00 $ 253,000.00 $ 111 ,000.00 $ 332 ,000.00 $ 57,000.00 $ 779,000.00 13 14 15 Unbeck Group, LLC Steele & Freeman, Inc. Austin Commercial, LP 201 Main Street , Ste. 180 1 130 1 Lawso n Road 500 W 7th Street Fort Worth , TX 76 102 Fort Worth , TX 7613 1 Fort Worth , TX 76 102 817-332-849 4 8 17-232-4742 214-443-57 63 817-332-7037 FAX 817 -232-9 113 FAX 214-4 43-5790 FAX BID BI O BI D 16,452 ,720.00 $ 16,587 ,000 .00 $ 17,200,000.00 493,582.00 $ 51 3,000.00 $ 500,000.00 16,946,302.00 $ 17,100,000.00 $ 17,700,0 00.00 259,799.00 No Bid $ 150,000.00 17,941 .00 $ 237,000.00 $ 35,000.00 385,089.00 $ 267,000.00 $ 250,000.00 122,219.00 $ 89,000.00 $ 96,000.00 231,343.00 $ 122,000.00 $ 2 19,000.00 34 ,0 18 .00 $ 68,000.00 $ 72,000.00 790,61 0.00 $ 783,000.00 $ 672,000.00 256 260 275 318 400 316 276 290 258 9 9 9 FORT WORT ·· CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 9 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date: September 1-6, 2010 (NO CHANGE} The Request for Proposals for the above project is hereby revised and amended as follows : 1. Clarification: The Off-Site Improvement Costs line item on the revised Proposal form must have a dollar cost on it and is part of the Base Proposal. The breakout details for the Off-Site Improvement Costs can be submitted w ith the Post Bid-PreAward submittals due on September 23 , 2010 . 2 . Delete the Specifications Section 113000, AudioNideo System, from the Base Proposal. The AudioNideo System equipment will be procured under separate contract. Drawings Sheets AV1 .'1 through AV5 .1 shall remain part of the Base Proposal. Acknowledge the receipt of this Addendum No. 9 on your Proposal. WILLIAM A . VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE: September 14, 2010 East Multi-Purpose Facility at WRMC Addendum No . 9 (September 14, 2010) Page 1 of 1 FORT WORTH ~ .-. CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 8 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date: September 16, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Submit the proposal as identified in the revised Proposal form at Attachment 1, Addendum No. 3 (August 26 , 2010). Do not deviate from this form with alternate phasing proposal(s). 2 . Explanations and responses to questions received by Email are attached (Attachment 1 ). 3. Revised drawings (architectural, plumbing, and signage) are in a folder under Addendum No. 8 (Attachment 2). 4. This is the last addendum unless a critical question arises. Acknowledge the receipt of this Addendum No. 8 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: September 9, 2010 East Multi-Purpose Facility at WRMC Addendum No. 8 (September 9, 2010) Page 1 of 1 FORT WORTH ~ CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 7 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date: September 16, 201 O (CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. Crossland Construction (mstill@cross la ndcon structi on .com ) and Ratcliff Constructors (maxyoung@ratcliffconstructors .com ) have informed our office that they plan to submit a proposal for th is project. 2 . Submit the Post Bid-PreAward submittals by 5:00 PM on Thursday, September 23 , 2010 . Subm it these documents to Architectur al Services , 401 West 13th Street, Fort Worth , Texas 76102 . 3. Delete Specifications Section 10425, Signs 4. Explanations of this addendum and responses to questions rece ived by Email are in a folder under Addendum No. 7 (Attachment 1 ). 5 . Revised Drawings are in a folder under Addendum No . 7 (Attachment 2). 6 . New Drawings for the signage package are in a folder under Addendum No. 7 (Attachment 3). 7. This is the last addendum unless a significant question arises . Acknowledge the receipt of this Addendum No . 7 on your Proposal. WILLIAM A . VERKEST , PE DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama , AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE: September 2, 2010 East Multi-Purpose Facility at WRMC Addendum No. 7 (September 2 , 2010) Page 1 of 1 FORT WORTH ~ CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 6 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date: September 9, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. AUi Contractors (auib id@au igc .com) has informed our office that they plan to submit a proposal for this project. 2 . Clarification : Refer to Addendum No . 5 , paragraph 2 regarding Specifications Section 113000 AudioNideo System. Attached is Specifications Section 113000, 14 pages (Attachment 1 ). This attachment is the same information as addressed in Addendum No. 5. 3 . Drawings and Specifications Instructions, Substitutions, and Responses (9 pages) to several questions received by Email are attached (Attachment 2). 4. Revised Drawings are in a folder under Addendum No. 6 (Attachment 3). 5. Revised Specifications are in a folder under Addendum No. 6 (Attachment 4 ). 6 . New Specifications are in a folder under Addendum No . 6 (Attachment 5). Acknowledge the receipt of this Addendum No . 6 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE: September 1 , 2010 East Multi-Purpose Facility at WRMC Addendum No. 6 (September 1, 2010) Page 1 of 1 CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 5 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date: September 9 , 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. Bartlett Cocke (ithompson@bartlettcocke.com ) has informed our office that they plan to submit a proposal for th is project. 2. Add : Specifications Sect ion 113000 AudioNideo System . Refer to the Specificat ions folder for details. Acknowledge the receipt of t his Addendum No. 5 on your Proposa l. WILLIAM A. VERKEST, PE DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama , AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE : August 31 , 2010 East Multi-Purpose Facility at WRMC Addendum No . 5 (August 31 , 2010) Page 1 of 1 FORT WORTH -~.·.··· .. ·· ··· ..• - CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 4 EAST MULTI-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date: September 9, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. EMJ Corporation (ttaylor@emjcorp.com), C F Jordan (RAkins@cfjordan .com), and Sedalco (rgarrison@sedalco.com) have informed our office that they plan to submit a proposal for this project. 2 . Corrections to Question 2 in Addendum No. 3 , Attachment 2 are attached (Attachment 1 ). 3 . QUESTION: Is it possible to obtain or view as-builts for the existing garage, Richard Bass building and Moncrief building? ANSWER : Refer to the "Record Drawings" folder on the Autodesk Buzzsaw website for this project for the existing John Justin parking garage and the Richardson-Bass Building. These are the only drawings available. 4. Responses (9 pages) to several questions received by Email , clarifications, and revisions are attached (Attachment 2). 5 . Revised drawings and specifications are in folders under Addendum No. 4 (Attachments 3 and 4). Acknowledge the receipt of this Addendum No . 4 on your Proposal. W ILLIAM A VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By:--------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE : August 27, 2010 East Multi-Purpose Facility at WRMC Addendum No. 4 (August 27 , 2010) Page 1 of 1 FORT WORTH ~ -•. CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 3 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date : September 9, 2010 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows : 1. Byrne Construction Services (jburt@tsbyrne .com), Lee Lewis Construction , Inc. (jgra ham@leelewis.com), Austin Commercial (qg unter@austin-ind.com ), WG Yates & Sons Construction (bbrowning@wgyates.com ), and Steele and Freeman (jelkins@steelefreeman .com) have informed our office that they plan to submit a proposal for this project. 2. The Proposal (four pages) has been replaced (Attachment 1 ). This is the only Proposal form to · be submitted for this project. 3. Responses (three pages) to several questions received by Email are attached (Attachment 2). 4 . Clarification : On Sheet C5 .0 , the work identified by DOE #5380 will be work done by others . Acknowledge the receipt of this Addendum No. 3 on your Proposal. WILLIAM A. VERKEST , PE DIRECTOR , TRANSPORTATION & PUBLIC WORKS DEPARTMENT By : ---------- Dalton Murayama, AIA Architectural Services Manager 817-392-8088, FAX 817-392-8488 RELEASE DATE: August 26 , 2010 East Multi-Purpose Facility at WRMC AddendumNo .3,August26,2010 Page 1 of 1 PROPOSAL (REVISED) TO : MR. DALE FISSELER, PE CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH , TEXAS FOR: Construct East Multi-Purpose Facility at Will Rogers Memorial Center Northwest Corner of University Drive and Harley Avenue Fort Worth, Texas Project No . TPW2010-10 Pursuant to the foregoing "Instructions to Offerers ," the undersigned has thoroughly examined the Drawings, Project Manual, 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 Drawings and Project Manual, and subject to the inspection and approval of the Director of Transportation and Public Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and, if the contract amount exceeds $25 ,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum , to wit: DESCRIPTION OF ITEMS Base Proposal $ General Contingency Allowance (3%) ~$ ____ _ Total Proposal $ NOTE: The allowance is applied to the Base Proposal , not to the alternates . Only the Owner will approve the use of the general contingency allowance during construction . Any allowance remaining at the end of construction will be retained by the City of Fort Worth. NOTE: The bid bond is based on the Base Proposal only . Off-Site Improvement Costs are"'--------and are included in the Base Proposal. Completion within calendar days after date of Notice to Proceed for the John Justin Parking Garage renovation and pedestrian walkway from Crestline Road at University Drive to Burnett-Tandy Drive . Start construction no earlier than February 14, 2011 . Completion within calendar days after date of Notice to Proceed for the East Multi- Purpose Facility construction. Exterior work must be substantially completed by December 1, 2011. WRMC East Multi-Purpose Facility (August 26, 2010) Revised Proposal Form (Addendum No. 3, Attachment 1) Page 1 of 4 Completion within calendar days after date of Notice to Proceed for the canopy construction and tunnel connections. Start construction no earlier than February 13, 2012. A full Certificate of Occupancy must be obta ined by December 1, 2012 . Add Alternate No . 1 Masonry Water Repellant =$ ___ _ To be completed within the contract calendar days for the East Multi-Purpose Facility construction Add Alternate No. 2 Tunnel Extension (Unit D) =$ ___ _ Additional calendar days , if required __ _ Add Alternate No . 3 Individual Control for Power to Stalls (Units A and B) ~$ ___ _ To be completed within the contract calendar days for John Justin Parking Garage renovation Add Alternate No. 4 Individual Control & Metering for Power to Stalls (Units A & B) ... $ __ _ To be completed within the contract calendar days for John Justin Parking Garage renovation Add Alternate No . 5 Remove and Replace Existing Drains and Pipes=$ __ _ To be completed within contract calendar days for John Justin Parking Garage renovation UNIT PRICES 1. For increase or decrease of drilled pier shafts , complete with drilling , casings, reinforcing, and concrete . Each "Reduction" unit price shall be at least 66% of the corresponding "Additional" unit price . A. For 18" Diameter Pier Depth/Foot -Additional =$ ___ ./Linear Foot B. For 18" Diameter Pier Depth/Foot -Reduction $ /Linear Foot C . For 24 " Diameter Pier Depth/Foot -Additional $ /linear Foot D. For 24" D iameter Pier Depth/Foot -Reduction $ /Linear Foot E. For30" Diameter Pier Depth/Foot -Additional $ /Linear Foot F. For 30 " Diameter Pier Depth/Foot -Reduction $ /Linear Foot 2. For deletion of temporary metal casings for drilled pier shafts A. For 18 : Diameter Pier -Reduction ~$ __ ~/Linear Foot B. For 24 " Diameter Pier --Reduction $ /Linear Foot C . For 30 : Diameter Pier -Reduction $ /Linear Foot The undersigned agrees to complete the Work within the calendar days and schedule specified above after the date of Notice to Proceed for the start of construction no earlier than February 14 , 2011 . 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 furnish ing or referring employee applicants to the undersigned are not discrim inated against as prohibited by the terms WRMC East Multi-Purpose Facility (August 26, 2010) Rev ised Proposal Form (Addendum No. 3, Attachment 1) Page 2 of 4 of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerers: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders . The law provides that , in order to be awarded a contract as low bidder, non-resident bidders, (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction , improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications . The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. LI Non-resident vendors in (give state), our principal place of business, are required to be __ percent lower than resident bidders by state law . LI Non-resident vendors in (give state), are not required to underbid resident bidders. B . LI 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 Offerer will execute the formal Contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars ($ is to become the property of the City of Fort Worth , Texas , or the attached Bidder's Bond is to be forfeited in the event the Contract and Bonds are not executed within the time set forth , as liquidated damages for delay and additional work caused thereby . MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25 ,000) I am aware that I must submit information the Director, Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE . Respectfully submitted, Company Name By : Signature Printed Name of Principal Address : Street City Phone : ----------- WRMC East Multi-Purpose Facility (August 26 , 2010) Revised Proposal Form (Addendum No . 3 , Attachment 1) Title Zip Page 3 of 4 Fax: Email: ------------ Receipt is acknowledged of the following addenda: Addendum No . 1 : __ Addendum No. 3 : __ Addendum No . 5: __ _ Addendum No . 7 : __ _ Addendum No . 9: __ _ Addendum No. 11 :. __ _ Addendum No . 13: __ Addendum No. 15: __ Addendum No. 17 : __ Addendum No . 19 : __ Addendum No . 2 : __ _ Addendum No. 4 :. __ _ Addendum [;Jo . 6: __ _ Addendum No . 8:. __ _ Addendum No. 1 O: __ _ Addendum No . 12 : __ _ Addendum No. 14: __ _ Addendum No . 16 : __ _ Addendum No . 18 : __ _ Addendum No . 20 : __ _ WRMC East Multi-Purpose Facility (August 26 , 2010) Revised Proposal Form (Addendum No . 3 , Attachment 1) Page 4 of 4 FORT WORTH ~ · ..•.... CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO. 2 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER Request for Proposals Submittal Date : September 9, 2010 (NO CHANGE) The Request for Proposa ls for the above project is hereby revised and amended as follows: 1. Rogers-O 'Brien Construction {lde rr@roge rs-obrien.com), Summ it Bui lders mbenton@summitbuilders .com), Linbeck (sfurlong@linbeck.com), and McCarthy build ing Compan ies {whendrix@mccarthy.com ) have informed our office that they plan to submit a proposal for th is project. 2 . Responses to several questions received by Email are attached (Attachment 1 ). Acknowledge the receipt of th i s Addendum No . 2 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR , TRANSPORTATION & PUBLIC WORKS DE_PARTMENT By: ---------- Dalton Murayama , AIA Architectural Services Manager 817-392-8088 , FAX 817-392-8488 RELEASE DATE: August 25 , 2010 East Multi-Purpose Facility at WRMC AddendumNo .2 ,August25 ,2010 Page 1 of 1 FORT WORTH ~ CITY OF FORT WORTH TRANSPORTATION AND PUBLIC WORKS DEPARTMENT ADDENDUM NO . 1 EAST MUL Tl-PURPOSE FACILITY AT WILL ROGERS MEMORIAL CENTER ~equest for Proposals Submittal Date : September 9, 2010 (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 10:00 AM on Tuesday, August 24 , 20 10 at t he Sou th Texas Room in the Amon Carter Exh ibi ts Building at the Will Rogers Memorial Center, Fort Worth . Attached is the list of the attendees (Attachment 1 ). 2 . The Archi tect has responded to severa l questions received by Ema il (Attachment 2 ). Other questions rece ived will be answered in a future addendum . Acknowledge the rece ipt of this Addendum No . 1 on your Proposal. WILLIAM A. VERKEST, PE DIRECTOR, TRANSPORTATION & PUBLIC WORKS DEPARTMENT By: ---------- Dalton Murayama, AIA Arch itectural Services Manager 817 -392-8088 , FAX 817-392-8488 RELEASE DATE: August 24 , 2010 East Multi-Purpose Facility at WRMC Addendum No . 1,August24,2010 Page 1 of 1 NOTICE TO OFFERORS Proposals for the new construction of the East Multi-Purpose Facility at Will Rogers Memorial Center located at the northwest corner of University Drive and Harley Avenue, Fort Worth will be received at the Purchasing Office, City of Fort Worth, 1000 Throckmorton, Fort Worth , 76107, until 1 :30 P.M., Thursday, September 9, 2010, and will be opened and publicly read aloud approximately thirty minutes later in the Council Chambers . The last day for questions from prospective Offerors will be by 5:00 PM on Monday, August 30, 2010. 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-Bid Conference will be held at 10:00 A.M., Tuesday, August 24, 2010 at the South Texas Room in the Amon Carter Exhibits Building at the Will Rogers Memorial Center, Fort Worth . The offers will be valid through December 31, 2010. Estimated construction cost is in the $20 -$25 million range . There are five Add Alternates: Add Alternate No.1 for Masonry Water Repellant; Add Alternate No. 2 for Tunnel Extension (Unit D); Add Alternate No. 3 for Individual Control for Power to Stalls (Units A and B); Add Alternate No. 4 for Individual Control and Metering for Power to Stalls (Units A and B); and Add Alternate No . 5 to remove and replace the existing drains and pipes at the existing John Justin Parking Garage. The Offeror will add a 3% general contingency allowance onto the contract amount (base proposal) and only the Owner will approve the use of this allowance during construction . Any allowance remaining at the end of construction will be retained by the City of Fort Worth. This allowance will not be used in the Best Value selection process Time is of the essence. Refer to the attached schematic site drawing identifying the general scope of the project. The deduction for liquidated damages for this project will be as follows : $7,500.00 per day for the John Justin Parking Garage renovation and pedestrian walkway on-site construction from Crestline Road at University Blvd. to Burnett-Tandy Drive $5,000.00 per day for the exterior portion and $2,500.00 per day for the interior portion of the East Multi-Purpose Facility $1,000.00 per day for the canopy construction $1,000.00 per day for the tunnel connections Once the construction contract is awarded, the Notice to Proceed will be issued in November 2010 . With this Notice to Proceed, the construction contractor can order materials and submit shop drawings and Requests for Information. The John Justin Parking Garage renovation and pedestrian walkway on-site construction will start no earlier than February 14, 2011. Construction for the John Justin Parking Garage renovation and the pedestrian walkway on-site construction from Crestline Road at University Drive to Burnett-Tandy Drive must be substantially completed to obtain at least a temporary Certificate of Occupancy by December 1, 2011 or sooner (and a full Certificate of Occupancy by January 1, 2012). No work will be allowed and the construction contractor must demobilize during the period of January 7 -February 5, 2012. Liquidated damages will accrue during this period for unfinished work. The East Multi-Purpose Facility construction will start no earlier than February 14, 2011 and the exterior must be substantially completed by December 1, 2011. No exterior work will be allowed and the construction contractor must demobilize all exterior items during the period of January 7 - WRMC East Multi-Purpose Facility December 201 O February 5, 2012. The construction contractor can continue working on the interior. Liquidated damages will accrue during this period for unfinishe,d exterior work. The canopy and tunnel connections construction will start no earlier than February 13, 2012. Significant coordination with the Will Rogers Memorial Center staff will be required during the tunnel and canopy construction. Frequent, periodic access to the John Justin Arena from W. R. Watt Drive will be required. Refer to the evaluation matrix for the selection of the Best Value Offeror in the Instructions to Offerors. M/WBE participation will be evaluated in awarding this Contract. The MWBE participation requirement is 20%. Offerors must submit Utilization Plan (use your own form) within 5 business days of submitting their Best Value Proposal. Failure to document proposed attainment will remove the Proposal from further consideration . Contact the M/WBE Office at (817) 392-6104 to obtain list of certified subcontractors and suppliers. 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 . The Architect will make a REVIT model of the buildings available for use in preparing shop drawings. If you intend to submit a proposal, inform the Project Manager or Architect 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 bid documents may be viewed and printed on-line. Bid documents are not available at the City. The bid documents may be viewed and printed on-line by logging on to https://projectpoint.buzzsaw.com/fortworthgov with the user name "Cowtown", password "Cowtown2004", and click on "TPW Facility Projects". Contact Dalton Murayama at (817) 392-8088 or Email Da lton.Murayama@fortworthqov.org or Ronald Clements , at (817) 392-8014 or Email Ronald .C lements@fortworthgov.org for assistance. For additional information contact David Stanford, AIA , Hahnfeld Hoffer Stanford , (817) 921-5928 , or Email dstanford@hahnfeld .com ; or Gary Ryan , AIA, Hahnfeld Hoffer Stanford , at (817) 302-0673 or Email gryan@hahnfeld .com. Advertisement: August 12, 2010 August 19, 2010 WRMC East Multi-Purpose Facility December 201 O EA'3T MULTI-PURr05E FACILITY I I I l ... ,..., --"" --/,,, ... -""!........ I I \ f ) I ! I l .,,,., I 1 = I I I l I l I ~----... _ ... _.., @ ---· -- D 5 a I '-' --- 0 ..... 0 N ... (I) ..c E (I) C) (I) Cl ~ ·u (IJ LL (I) Cl) 0 0.. ... :::, a.. I :E :::, ~ -Cl) (IJ LU () ~ 0:::: 3: NOTICE TO OFFERORS TABLE OF CONTENTS INSTRUCTIONS TO OFFERORS PROPOSAL TABLE OF CONTENTS TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE WAGES RATES CONSTRUCTION CONTRACT PAYMENT BOND PERFORMANCE BOND CERTIFICATE OF INSURANCE CONTRACTOR COMPLIANCE WITH WORKERS' COMPENSATION LAW MAINTENANCE BOND FOR OFF-SITE IMPROVEMENTS (TWO-YEAR) PROJECT SIGN WRMC East Multi-Purpose Facility December 2010 INSTRUCTIONS TO OFFERORS I 1. 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 Princ ipal sign the Proposal. If the Offerer is a corporation , the president or a vice-president must sign the Proposal. If the Offeror is a partnersh ip, then the person/ent ity 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 base proposal subm itted. In order for a surety to be acceptable to the City, the surety must (1) hold a cert ificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations perm itted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100 ,000 from a re insurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a 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 Offerer that offers the best value based upon the following criteria and on its ranking evaluation. In determining the Best Va lue Offerer , the City will consider: 1. Proposed price (40%) 2. Proposed level of MWBE part icipation (10%) 3. Proposed project schedule (20%) 4 . Reputation and experience of the Offeror and proposed subcontractors for major trades (ie , civil , concrete , masonry, mechanical , electrical) as demonstrated by past project work and report of references (20%) 5. Offerer's past relationship with the City. (10%) **NOTE**: If the Offerer does not have previous work experience with the City, then the reputation evaluation criterion will represent 30% of the overall score After ranking the responses to the RFP , the City shall first attempt to negotiate a contract with the selected Offerer. The City and its architect may discuss with the selected Offerer options for a scope or time modification and any price change assoc iated with the modification. If the City is unable to negotiate a contract with the selected Offerer , the City shall , formally and in writing , end negotiations with that Offerer and proceed to the next Offerer in the order of the selection ranking until a contract is reached or all proposals are rejected . 2. MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE) (BEST VALUE PROPOSAL) WRMC East Multi-Purpose Facility December 2010 All Offerors shall note that it is the polioy of the . City of Fort Worth to ensure the full and equitable participation of Minority and Women Business Enterprises (M/WBE) in the procurement of services with a fee of $25,000 or more by establishing an M/WBE goal. Within five (5) City business days from proposal submittal date, exclusive of the proposal submittal date, all Offerors will be required to submit information concerning the M/WBE(s) that will participate in the contract. The M/WBE goal is 20%. The information shall include: (1) the name, address and telephone number of each M/WBE and non-M/WBE; (2) the description of the work to be performed by each M/WBE and non-M/WBE; and (3) the approximate dollar amount/percentage of the participation for each M/WBE and non-M/WBE . Use your own form for this information. Use your own forms. Submit the forms by 5:00 PM on the fifth City business day from the proposal submittal date to Architectural Services. 401 West 131h Street, Fort Worth , Texas 76102 . The M/WBE firm(s) must be located or doing business in the City's geographic market area that include the following nine (9) counties: Tarrant, Parker, Johnson, Collin, Dallas, Denton, Ellis, Kaufman and Rockwall. The M/WBE firm(s) must be currently certified or in the process of being certified by the North Central Texas Regional Certification Agency (NCTRCA), or Texas Department of Transportation (TXDOT), Highway Division prior to recommendation for award being made by the City Council. If you cannot meet the City's M/WBE goal for this project, then a detailed explanation must be submitted to explain the Good and Honest Efforts your firm made to secure M/WBE participation. Contact the M/WBE Office at (817) 392-6104 to obtain list of certified subcontractors and suppliers. Failure to submit the M/WBE participation information or the detailed explanation of the Offeror's Good and Honest Efforts to meet or exceed the stated M/WBE goal, may render the proposal non- responsive. The plan will be part of the final weighted selection criteria. 3. BID SECURITY: Cashier's check or an acceptabie 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 Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the Untied States secretary of the treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be WRMC East Multi-Purpose Facility December 2010 - - 5 . 6 . 7 . 8. 9. determined unsatisfactory at any t ime by the City, notice will be given to the contractor to that effect and the contractor shall immediately pro v ide a ne~ 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 , cond itioned on the faithful performance of the work in accordance w ith the plans, specification , and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. PRE-BID SITE INVESTIGATION: Prior to filing a response , the bidder shall examine the site(s) of the work and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the bidder shall be considered evidence that it has complied with these requirements . AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal , the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal . WAGE RATES : Not less than the prevailing wage rates set forth in Contract Documents must be paid on this project. POST BID -PREAWARD SUBMITTALS : Offerors are required to submit the following information to the Architectural Services Division , Facilities Management Group , 401 West 13th Street, Fort Worth , Texas 76102 (phone number 817-392-8088), within five business 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 perform ing the work and in meeting City contract requirements : Minority/Women's Business Documentation (for bids in excess of $25,000) us ing your firm's own forms Contractors Qualification Statement (AIA Form A305) and references with names , titles , and phone numbers Qualifications and references for proposed subcontractors for major trades (ie , civil , concrete , masonry, mechanical , electrical) as demonstrated by past work and report of references Project Schedule Schedule of Values or Divisions 1 through 16 Breakouts Proof of insurabil ity for Statutory Workers Compensation Insurance Submit the documents to Architectural Services, 401 West 13th Street, Fort Worth , Texas 76 102. PROPOSED SUBCONTRACTORS : Acceptance of the bid in no way requkes 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. WRMC East Multi-Purpose Facility December 2010 - 10. DISCREPANCIES AND ADDENDA: Should a Offeror find any discrepanc ies in the drawings and specifications , or should it be in doubt as to the ir meaning, it shall not ify the City at once. If required , the City will then prepare a wr itten addendum that will be avai lable to all Offerors at the Plans Desk or place designated for distribution of Bid Documents by the Notice to Offerors . The Contractor is responsible for determining if addenda are available and for secur ing 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 bind ing . 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 obta ined , 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 Perm its and for any other permits required by this project. City of Fort Worth Building and Trade Perm it fees are wa ived . 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 w ill coordinate and pay for water and sewer taps and meters to the property line. The Contractor w ill include all remaining fees from the electrical and gas companies in the base bid . The Contractor will be responsible for coord inating 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 build ing side of the water meter and sewer tap . 15. BID DOCUMENTS : Hard copies of bidd ing documents may be obta ined directly from printers or downloaded and printed by the Offeror. 16. MANUFACTURER'S REFERENCE : Catalog, brand names, and manufacturer's references are descriptive , not restr ictive . Use of brands of like nature and quality will be considered . Upon request of the arch itect or contractor, the contractor will subm it 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 section 01630 Product Options and Substitutions . 17 . TESTING SERVICES: The City shall provide for , independently of the contractor , the inspection services , the test ing 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 m inimum , include the following: quality control submittals and approvals , mobilization , site preparation , under slab utilities , foundation work , structural erection , interior finish , commission ing , and closeout. During construction , prepare schedules us ing the following scheduling software systems : Primavera Version 6.1 or Primavera Contractor Version 6 .1 or Pr imavera SureTrak Version 3 or Mircosoft Project Version 2003/2007 . The softwares can be later versions . If a different softwa~e is planned , the software has to be previously approved by the City. WRMC East Multi-Purpose Facility December 2010 PROPOSAL (REVISED) TO: MR. DALE FISSELER , PE CITY MANAGER ATTN: PURCHASING OFFICE 1000 THROCKMORTON CITY OF FORT WORTH , TEXAS FOR: Construct East Multi-Purpose Facility at Will Rogers Memorial Center Northwest Corner of University Drive and Harley Avenue Fort Worth , Texas Project No. TPW2010-10 Pursuant to the foregoing "Instructions to Offerors," the undersigned has thoroughly examined the Drawings, Project Manual , 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 Drawings and Project Manual , and subject to the inspection and approval of the Director of Transportation and Publ ic Works of the City of Fort Worth. Upon acceptance of this Proposal by the City Council, the bidder is bound to execute a contract and , if the contract amount exceeds $25 ,000.00, furnish acceptable Performance and/or Payment Bonds approved by the City of Fort Worth for performing and completing the Work within the time stated and for the following sum , to wit: DESCRIPTION OF ITEMS Base Proposal $ /l/,Jf 3-=f, 000 F r General Contingency Allowance (3 %) $ l.J 3 6, 0 0{) Total Proposal NOTE : The allowance is applied to the Base Proposal, not to the alternates . Only the Owner will approve the use of the general contingency allowance during construction. Any allowance remaining at the end of construction will be retained by the City of Fort Worth . NOTE : The bid bond is based on the Base Proposal only. Off-Site Improvement Costs are$// /,{)00 , and are included in the Base Proposal. Completion within 3 8 0 calendar days after date of Notice to Proceed for the John Justin Parking Garage renovation and pedestrian walkway from Crestline Road at University Drive to Burnett-Tandy Drive . Start construction no earlier than February 14 , 2011 . Completion within 3 8 0 calendar days after date of Notice to Proceed for the East Multi- Purpose Facility construction. Exterior work must be substantially completed by December 1, 2011. WRMC East Multi-Purpose Facility (August 26 , 2010) Revised Proposal Form (Addendum No . 3 , Attachment 1) Page 1 of 4 Completion within 5 9 O calendar d'ays after date of Notice to Proceed for the canopy construction and tunnel connections. Start construction no earlier than February 13 , 2012 . A full Certificate of Occupancy must be obtained by December 1, 2012 . Add Alternate No . 1 Masonry Water Repellant $ 2'//f()O To be completed within the contract calendar day's for the East Multi-Purpose Facility construction Add Alternate No . 2 Tunnel Extension (Unit D) :µ:, ~ roe/f ~ 2~ Ot>O Additional calendar days, if required --'-0 __ Add Alternate No. 3 Individual Control for Power to Stalls (Units A and B) $ '6 ~, 000 To be completed within the contract calendar days for John Justin Parking Garage renovation Add Alternate No . 4 Individual Control & Metering for Power to Stalls (Units A & B) $ / 93 ,00 0 To be completed within the contract calendar days for John Justin Parking Garage ' renovation Add Alternate No . 5 Remove and Replace Existing Drains and Pipes $ 66, 000 To be completed within contract calendar days for John Justin Parking Garage renovation UNIT PRICES 1. For increase or decrease of drilled pier shafts , complete with drilling , casings , reinforcing , and concrete . Each "Reduction" unit price shall be at least 66% of the corresponding "Additional " unit price . A. For 18 " Diameter Pier Depth/Foot -Additional $ 5 5 . 12 /Linear Foot B. For 18 " Diameter Pier Depth/Foot -Reduction $ 3 4 . 0 0 /Linear Foot C . For 24 " Diameter Pier Depth/Foot -Additional $ 7 4 . 2 0 /Linear Foot D . For 24 " Diameter Pier Depth/Foot -Reduction $ 4 7 . 0 0 /Linear Foot E. For 30 " Diameter Pier Depth/Foot -Additional $1 O 6 . O ainear Foot F. For 30" Diameter Pier Depth/Foot -Reduction $ 6 7 . 0 0 /Linear Foot 2. For deletion of temporary metal casings for drilled pier shafts A. For 18 : Diameter Pier -Reduction $ 5 . 0 0 /Linear Foot B. For 24 " Diameter Pier --Reduction $ 6 . O O /Linear Foot C . For 30 : Diameter Pier -Reduction $ 7 . O O /Linear Foot The undersigned agrees to complete the Work within the calendar days and schedule specified above after the date of Notice to Proceed for the start of construction no earlier than February 14 , 2011 . 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 WRMC East Multi-Purpose Facility (August 26 , 2010) Revised Proposal Form (Addendum No . 3, Attachment 1) Page 2 of 4 of City Ordinance 7278 as amended by City Ordinance 7400 (Fort Worth City Code Section 13A-21 through 13A-29). Residency of Offerors: The 1985 Session of the Texas Legislature passed house Bill 620 relative to the award of contracts to non-resident bidders. The law provides that, in order to be awarded a contract as low bidder , non-resident bidders (out of state contractors whose corporate offices or principal place of business are outside of the State of Texas) that bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that Texas resident bidder would be required to underbid a non-resident bidder in order to obtain a comparable contract in the state in which the non-resident's principal place of business is located. The appropriate blanks in Section A must be filled out by all non-resident bidders in order for your bid to meet specifications . The failure of out of state or non-resident bidders Failure to complete the forms may disqualify that bidder. Resident bidders must check the box in Section B. A. U Non-resident vendors in (give state), our principal place of business, are required to be __ percent lower than resident bidders by state law . U Non-resident vendors in (give state), are not required to underbid resident bidders. B. I~ 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 Offeror will execute the formal Contract and will deliver approved Performance and Payment Bonds for the faithful performance of this contact. The attached deposit check in the sum of Dollars($ is to become the property of the City of Fort Worth , Texas , or the attached Bidder's Bond is to be forfeited in the event the Contract and Bonds are not executed within the time set forth, as liquidated damages for delay and additional work caused thereby. MINORITY/WOMENS BUSINESS ENTERPRISE (M/WBE): (For bids in excess of $25 ,000) I am aware that I must submit information the Director , Transportation and Public Works, concerning the M/WBE participation within FIVE BUSINESS DAYS of submittal of this Proposal in order to be considered RESPONSIVE. Respectfully submitted , By : Address: Preston Printed Name of Principal 1901 Regal Row Street Dallas, Texas City Phone : 214 -9 6 2 - 3 0 0 0 WRMC East Multi-Purpose Facility (August 26, 2010) Revised Proposal Form (Addendum No . 3, Attachment 1) President Title 75235 Zip Page 3 of 4 •' Fax: 2 1 4-962 -300 1 Email : pmc a fee @rogers -obrien.c om Receipt is acknowledged of the following addenda : Addendum No. 1: X Addendum No. 2: -- Addendum No. 3 : X Addendum No . 4 : -- Addendum No . 5 : X Addendum No. 6 : Addendum No . 7 : X Addendum No . 8 : Addendum No . 9 : X Addendum No . 10: Addendum No . 11 : Addendum No . 12 : Addendum No . 13: Addendum No . 14: Addendum No , 15 : Addendum No . 16 : -- Addendum No . 17 : Addendum No . 18 : Addendum No . 19: Addendum No . 20 : WRMC East Multi-Purpose Facility (August 26 , 2010 ) Revised Proposal Form (Addendum No . 3 , Attachment 1) X X X X Page 4 of 4 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 C ity, State, Zip Code: "-F-=o"""rt"'"'W-'-=ort'-=h:...:..,_T:...:e=x=a=s--'7....;:6'-'1"""0-=2'------------ T elephone: (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 I 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 A 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 Pub lic Accounts . PREVAILING WAGE RATES WRMC East Multi-Purpose Facility December 2010 I ' I I Vacat;oo I j Avg. Hrly ( Health/ Total Classification Rate I Welfare Pension Package AC Mechanic $25.92 $1.01 $0.19 $0.83 $27 . 91 AC Mechanic Helper $15.81 $0 .00 $0.00 $0.30 $16. 77 Acoustical Ceiling Mechanic $15.56 $0.57 $0 .03 $0.12 $16.26 Acoustical Ceiling Helper $12.27 $0.19 $0.00 $0 .00 $12.46 Abestos Worker $0.00 $0.00 $0.00 $0 .00 $0 .00 Bricklayer /Stone Mason $18.54 $0.24 $0.00 $0.00 $18.78 Bricklayer/Stone Mason Helper $10.39 $0 .00 $0 .00 $0.00 $10.39 Carpenter $17.08 $1 .62 $0 .1 7 $0.81 $19.69 Carpenter Helper $13.45 $0.75 $0.08 $0.71 $14 .99 Concrete Finisher $13.97 $0.41 $0.04 $0.14 $14.55 Concrete Finisher Helper $12.14 $0.43 $0.04 $0.11 $12.72 Concrete Form Builder $14.03 $0.67 $0 .03 $0.15 $14 .88 Concrete Form Builder Helper $11.72 $0.54 $0 .03 $0.10 $12.39 Drywall Mechanic $16 .10 $0 .56 $0.02 $0.30 $16. 98 Drywall Helper $12.43 $0 .33 $0.00 $0.28 $13.05 Drywall Taper $15 .00 $0.07 $0.00 $0 .00 $15 .07 Drywall Taper Helper $11 .50 $0 .07 $0.00 $0.00 $11 .57 Electrician (Journeyman) $21. 77 $1.08 $0.05 $0.38 $23 .29 Electrician Helper $15.32 $1.09 $0 .05 $0.27 $16.73 Electronic Technician $20 .00 $0 .00 $0.00 $0.00 $20.00 Electronic Technician Helper $0 .00 $0.00 $0.00 $0 .00 $0.00 Floor Layer (Carpet) $0.00 $0.00 $0.00 $0.00 $0 .00 Floor Layer (Resilient) $18.00 $0.00 $0.00 $0 .00 $18.00 Floor Layer Helper $10 .00 $0.00 $0.00 $0.00 $10.00 Glazier $18.53 $1.92 $0.38 $0.71 $21.54 Glazier Helper $13.49 $1.20 $0.10 $0.35 $15 .13 Insulator $16.59 $0.29 $0 .12 $0 .08 $17 .08 Insulator Helper $11.21 $0 .36 $0.11 $0.13 $11.81 Laborer Common $10.47 $0.70 $0.06 $0.08 $11.30 Laborer Skilled $13.24 $0.98 $0 .06 $0.12 $14.41 WRMC East Multi-Purpose Facility December 2010 Lather $17 .00 $0.00 $0 .00 $0.00 $17.00 . Lather Helper $15 .00 $0 .00 $0 .00 $0 .00 $15 .00 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 .1 1 $0 .00 $16.42 Reinforci ng Steel Setter $13 .01 $0.36 $0.07 $0.23 $13 .67 Reinforcini;i 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 Wo rker $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, Cl amsheel , 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 Foundati on 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 He l per $12.55 $0.75 $0.00 $0 .33 $13.64 WRMC East Multi-Purpose Facility December 201 O ( 1) (2) (3) * WEATHER TABLE Month Average Inches Days of of Rain Rainfall January 7 1.80 February 7 2.36 March 7 2 .54 April 8 4 .30 May 8 4.47 June 6 3 .05 July 5 1.84 August 5 2.26 September 7 3.15 October 5 2 .68 November 6 2 .03 December 6 1.82 I ANNUALLY I 77 I 32 .30 Mean number of days rainfall , 0.01" or more Average normal precipitation, in inches Mean number of days 1.0 inch or more Less than 0 .5 inches Snow/Ice Pellets 1 * * 0 0 0 0 0 0 0 * * I 1 I 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 bas is 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. WRMC East Multi-Purpose Facility - 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 sha11 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 for Facility Construction Lump Sum Contract Page 1 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) A-10 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBEl POLICY: The City of Fort Worth has goals for the participation of Minority and Women Business Enterprises (M/WBE) in City contracts . Compliance with the policies designed to meet these goals is mandatory in order to be considered a responsive bidder. The City policy and procedures to be followed in submitting bids is included . The City of Fort Worth MWBE Program will take precedence over other subcontractor utilization programs on Block Grant and other 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 max imum 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 allegatioAs 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. B-2 TERMINATION AND SUSPENSION OF WORK: The Owner has the right to terminate the Project for any reason . If the project is terminated , the Contractor shall: a) Stop work under the Contract on the date and to the extent specified on the notice of termination . b) Place no further orders or subcontracts except as may be necessary for the completion of the work not term inated. 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. General Conditions for Facility Construction Lump Sum Contract Page 2 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 8-3 DUTIES OF THE ARCHITECT: As used herein , the term Arch itect -means the Architect or his authorized representative . Nothing contained in these Contract Documents shall create any privily of Contract between the Architect and the Contractor. 8-4 ARCHITECT AS REPRESENTATIVE OF THE OWNER: The Building Construction Manager will provide general admin istration of the Contract on beha lf 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 Arch itect will be available for conferences and consultations with the Owner or the Con tractor at all reasonable times . 8-5 ACCESS TO JOB SITES: The Arch itect 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 aga inst 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 determ inations 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 . 8-7 AUTHORITY TO STOP WORK: The BCM will have au thority 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 real ization 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 . 8-8 MISCELLANEOUS DUTIES OF ARCHITECT Shop Drawings . The Architect will review Shop Drawings and Samples . Two copies of each approved Shop Drawing and submittal will be provided to the Owner by the Architect. Three copies will be ret urn ed to the Contractor. Change Orders . Change Orders and Field Orders for Minor Changes in the Work will be issued by the Owner Gua rantees. The Owner will rece ive 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 si x copies of all applicable equipment installation, operation , and maintenance brochures and manuals required of the Contractor. 8-9 TERMINATION OF THE ARCHITECT: In case of the term ination 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 here in by its duly authorized representatives in the manner provided by law . Authorized representatives include the City Manager, Ass istant 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 . 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 si te and all necessary permanent or construction easements . The Owner will cooperate with the Contractor in the prosecution of the Work in such manner and to such extent as may be reasonable and shall furnish information under its control with reasonable promptness at the request of the Contractor. General Conditions for Facility Constructi on Lump Sum Contract Page 3 of 26 East Multi-Purpose Facil ity at Will Rogers Memorial Center (August 2010) 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 bas is 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 tenm 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 w ithout the written consent of the Director of Transportation and Public Works of the City of Fort Worth. D-4 REVIEW OF CONTRACT DOCUMENTS : The Contractor shall carefully study and compare the Agreement, Conditions of the Contract, Drawings, Specifications , Addenda and modifications and shall at once report to the Owner and to the Architect any error, inconsistency or omission he may discover. The Contractor shall do no work without Drawi11gs , 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. 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 . General Conditions for Facility Construction Lu.mp Sum Contract Page 4 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center {August 2010) 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 pay Prevailing Wage Rates . The Contractor shall comply with all requirements of Chapter 2258 , Texas Government Code (Chapter 2258), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258 . Such prevailing wage rates are included in these contract documents . 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, co ncern in g an alleged violation of 2258 .023 , Texas Government Code , by a contractor or subcontractor , the City shall make an initial determination , before the 31 '' day after the date the City receives the information , as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the contractor or subcontractor and any affected worker of its initial determination . Upon the City's determination that there is good cause to believe the contractor or subcontractor has violated Chapter 2258 , the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates , such amounts being subtracted from successive progress payments pending a final determination of the violation . Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258 .023 , Texas Government Code , including a penal ty 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 (i i) the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of the Audit section of these contract documents shall pertain to this inspection . Pay Estimates . With each partial 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. Posting of Wage 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 requ irements 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. 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 Coritractor 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. General Cond.itions for Facility Construction Lump Sum Contract Page 5 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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 ta xes . 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 requ ired 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 w ill include additional handling costs on the site , labor, installation costs , field overhead , profit and other direct expenses re s ulting to the Contractor from any increase over the orig inal allowance . D-12 SUPERINTENDENT: The Contractor shall employ a competent sup erintendent and necess ary assistants w ho shall be in attendance at the Project site during the progress of the Work. The superintendent shall be satisfact ory to the Contractor and the Owner. The superintendent shall represent the Contractor and all commun ications given to the supe ri ntendent shall be binding as if given to the Contractor. Important communications will be confirmed in writing . Other communicat ions 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 ta ke charge of and complete the Work in such a manner as it ma y deem proper, and if, in the complet ion 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 Proj ect. 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 prov ide to t he 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, manufactu rer, 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 cop ies 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 subm ission 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 determ ined and verified all field measurements , field construction criteria, materials , catalog numbers and similar data , and that he has checked and coordinated each shop drawing given in the Contract Documents . The Architect's approval of a separate item shall not ind icate 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 w ith the design concept of the Project and with the information given in the Contract Documents . The Architect's approva l of a separate item shall not indicate approval of an assembly in which the item functions . The Contractor shall make any corrections requ ired 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 resubm itted Shop Drawings to revisions other than the corrections requested by the Architect on previous submissions . General Conditions for Facility Co nstruction Lump Sum Contract Page 6 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) The Architect's approval of Shop Drawings or Samples shall not relieve the Contractor of responsibil ity 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 requ iring 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 rebu ild , 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 build ings "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 equ ipment 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 disqual ify the bid. If, after the award, the Owner or Architect objects in writing to any person or organization on such list, the Contractor shall provide an acceptable substitute . The Contractor shall not make any substitution for any Subcontractor or person or organ ization that has been accepted by the Owner and the Architect , unless the substitution is also acceptable to the Owner and the Architect. E-3 TERMS OF SUBCONTRACTS: All work performed for the Contractor by a Subcontractor shall be pursuant to an appropriate agreement between the Contractor and the Subcontractor (and where appropriate between Subcontractors and Sub- subcontractors) which shall contain provisions that: 1. Preserve and protect the rights of the Owner and the Architect under the Contract with respect to the Work to be performed under the subcontract so that the subcontracting thereof will not prejudice such rights ; 2 . Require that such Work be performed in accordance with the requirements of the Contract Documents ; General Conditions for Facility Construction Lump Sum Contract Page 7 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 3. Require submission to the Contractor of applications for payment under each subcontract to wh ich 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 a9 to the Owner and the Architect , whether or not such provisions are physically included in the sub- contract. E-4 MINORITY AND WOMEN BUSINESS ENTERPRISE (M/WBE): Should the base bid be less than $25 ,000 , the requirements of this section do not apply . General : In accordance with City of Fort Worth Ordinance No 15530 (the "Ordinance"), the City of Fort Worth sets goals for the participation of minority and women business enterprises (M/WBE) in City contracts. Ordinance No 15530 is incorporated in these General Conditions by reference. A copy of the Ordinance may be obtained from the Office of the City Secretary. Failure to comply with the Ordinance shall be a material breach of contract. Prior to Award : The M/WBE documentation required by the procurement solicitation must be submitted within five city business days after bid opening. Failure to comply with the City's M/WBE 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 M/WBE 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 M/WBE Office and the Construction Manager. Contractor must provide the City with complete and accurate information regarding actual work performed by an M/WBE on the contract and proof of payment thereof. Contractor further agrees to permit an audit and/or examination of any books , records or files in it's possession that will substantiate the actual work performed by an M/WBE . 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 offerer who intentionally and/or knowingly misrepresents material facts shall be determined to be an irresponsible offerer and barred from participating in City work for a period of time of not less than three (3) years. The fa ilure of an offerer to comply with this ordinance where such non-compliance constitutes a material breach of contract as stated herein, may result in the offerer being determined to be an irresponsible offerer and barred from participating in City work for a period of time of not less than one (1) year . The Contractor may count toward the goal any tier of MWBE subcontractors and /or suppliers. The Contractor may count toward its goal a portion of the total dollar amount of the contract with a joint venture equal to the percentage of the M/WBE participation in the joint venture for a clearly defined portion of the work to be performed. All subcontractors used in meeting the goals must be certified prior to the award of the Contract. Change Orders: Whenever a change order affects the work of an M/WBE subcontractor or supplier, the M/WBE shall be given an opportunity to perform the work . Whenever a change order is $50 ,000 or more, the M/WBE Coordinator shall determine the goals applicable to the work to be performed under the change order. During the term of the contract the Contractor shall : 1. Make no unjustified changes or deletions in its M/WBE participation commitments submitted with the bid/proposal or during negotiation , without prior submission of the proper documentation for review and approval by the MWBE Office . 2. If substantial subcontracting and/or supplier opportunities arise during the term of any contract when the Contractor represented in its bid/proposal to the City that it alone would perform the subcontracting/supplier opportunity work , the Contractor shall notify the City before subcontracts for work and/or supplies are awarded and shall be required to comply with subsections 12 .3 and 12.4 of the OOrdinance, exclusive of the time requirements stated in such subsections . 3. The Contractor shall submit to the M/WBE Office for approval an M/WBE REQUEST FOR APPROVAL OF CHANGE FORM , if, during the term of any contract , the Contractor wishes to change or delete one or more M/WBE subcontractors or suppliers . Justification for change of subcontractors may be granted for the following: 1. An M/WBE's failure to provide Workers ' Compensation Insurance evidence as required by state law; or 2. An M/WBE 's-failure to provide evidence of general liability or other insurance, under the same or similar terms as contained in the Contract Documents with lim its 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 General Conditions for Facility Construction Lump Sum Contract Page 8 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) agreements used on other projects of similar size and scope and within the Contractor's normal business practice with non- M/WBE subcontractor's/subconsultant's or suppliers; or 3. An MWBE's failure to execute the Contractor's standard subcontract form , if entering a subcontract is required by the Contractor in its normal course of business, unless such failure is due to: a) 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 [imitation being placed on the ability of the M/WBE to report violations of the Ordinance or any other ordinance or violations of any state or federal law or other improprieties to the City or to provide notice of any claim to the Contractor's surety company or insurance company . d) Mediation shall be a consideration before the request for change is approved . 4 . An M/WBE defaults in the performance of the executed subcontract. In this event, the Contractor shall: a) Request bids from all M/WBE subcontractors previously submitting bids for the work , b) If reasonably practicable , request bids from previously non-bidding M/WBEs , and c) Provide to the M/WBE 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-M/WBEs, used on the project. E-5 PAYMENTS TO SUBCONTRACTORS: The Contractor shall pay each Subcontractor, upon receipt of payment from the Owner, an amount equal to the percentage of completion 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 0MB Circular A-110 , as appropriate . Each subcontractor must agree to comply with all applicable Federal , State , and local requirements in addition to those set forth in this section . No subcontractor will be employed on this Project, except as specifically approved by the City, who is contained in the listing of contractors debarred, ineligible, suspended or indebted to the United States from contractual dealings with Federal government departments . The work performed by any such contractor or subcontractor will be ineligible for reimbursement wholly or partially from EDA grant fluids . All subcontracts in excess of $10 ,000 shall include , or incorporate by reference , the equal opportunity clause of Executive Order 11246. All subcontracts must contain a nondiscrimination clause . Each subcontract must contain a requirement for compliance with the Davis-Bacon and related acts. Each subcontractor must submit weekly each weekly payroll record and a weekly statement of comp liance . 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. General Conditions for Facility Construction Lump Sum Contract Page 9 -of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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-(Complia nce 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 co nnection 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 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 perform ing 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. General Conditions for Facility Construction Lump Sum Contract Page 10 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center {August 2010) 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 perm its 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 ex pense , the Owner, its officers , servants and employees , from and against any and all cla ims 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 invi tees , whether or not any such injury. damage or death is caused, in whole or in part, by the negligence or alleged negligence 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 any such injury or damage is caused in whole or in part by the negligence or alleged negligence 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 , th is 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. 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 General Conditions for Facility Construction Lump Sum Contract Page 11 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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 au thority 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 w ill 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 Arch itect 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 obligati ons to perform the Work in accordance w ith 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 util ity . In some cases , the Contractor may be required to perform the Work wh ile the existing utility is in service . The ex isting 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 util ity . The amount of time requested by the Contractor of exi sting 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 ex isting cond itions 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 workmanli ke manner at the Contractor's sole expense . The Contractor shall be held re s ponsible for the locati on 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 w ith this function shall be done at the Contractor's sole expense . G-14 MEASUREMENTS: Before ordering any material or do ing any work , the Contractor shall verify all measurements at the site or at the building and shall be wholly responsible for the correctness of same. No extra charge or compensation will be allowed on account of any difference between actual dimensions and dimensions ind icated on the drawings. An y difference that may be found shall be submitted to the Arch itect 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 equ ipment. 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 adja cent areas. G-16 ALIGNMENT OF JOINTS IN FINISH MATERIALS : It shall be the responsibility of the Contractor to make certa in 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 ; General Conditions for Fac ility Construction Lump Sum Contract Page 12 of 26 East Mul ti-Purpose Facility at Will Rogers Memorial Center (August 2010 ) 2. Place joints to relate to all opening and breaks in the structure and be symmetrically placed wherever possible . This includes heating registers, light fixtures, equipment, etc . l_f 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 damages . INTEGRATING EXISTING WORK: The Contractor shall protect all existing street and other improvements from 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, p1p1ng, 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. 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 unpa inted 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. General Conditions for Facility Construction Lump Sum Contract Page 13 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 10. Cleaning , polishing , scaling , waxing and all other finish operations indicated on the Drawings or required in the Specifications shall be taken to ind icate the requ ired 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 prob lems 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 da ily 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 conta iner 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 Bullet ins 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 Drawings : Attention is called to General Conditions Section entitled . "Substantial Completion and Final Payment". Maintenance Manual : Sheets shall be 8 Y:," x 11 ". except pull out sheets may be neatly folded to 8 Y:, • 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. 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 quadruplicat.e 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 General Conditions for Facility Construction Lump Sum Contract Page 14 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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 perm itted 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. H-1 DEFINITIONS SECTION H CONTRACT TIME 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 . The Date of Substantial Completion of the Work or designated portion thereof is the Date certified by the Architect with the approval of the Owner that construction is sufficiently complete , in accordance with the Contract Documents , so the Owner may occupy the Work or designated portion thereof for the use for which it is intended. Final acceptance of the completed work or any portion thereof can be made only by the Assistant City Manager, and no other form of acceptance will be binding upon the Owner . A Calendar Day constitutes 24 hours of time and is any one of the seven days of a week , including Sunday , regardless of whether a "Working Day" or not, and regardless of weather conditions or any situation which might delay construction . 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 th is Section. He shall carry the Work forward expeditiously with adequate forces and shall complete it within the Contract Time. H-3 NO DAMAGE FOR DELAY: No payment , compensation or adjustment or any kind shall be made to the Contractor for damages because of hindrances or delays from any 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. General Conditions for Facility Construction Lump Sum Contract Page 15 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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-con tractors , prepared in such form as specified or as the Arch itect and the Con tractor may agree upon , and supported by such data to substantiate its correctness as the Architect may require . Ea ch 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 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 S chedule. If payments are to be made on account of materials or equ ipment not incorporated in the Work but delivered and suitably stored at the site or in an independent, bonded warehouse such payments sha ll be conditioned upon submission by the Con tractor of bill s of sale or such other procedures satisfactory to the Owner to establ ish the Owner's title to such materials or equ ipment or otherwise protect the Owner's interest incl uding applicable insurance and transportation to the site . The Contractor warrants and guarantees that title to all Work, materials and equipment covered by an Application for Payment , whether incorporated in the Project or not , will pass to the Owner upon the receipt of such payment by the Contractor, free and clear of all liens , claims , security interests or encumbrances hereinafter referred to as "li ens·; and that no Work , materials or equipment covered by an Appl ication 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 encumbran ce 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 Sh eet", 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 Arch itect 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 w ithhold ing 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 pa yment 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 w ithin ten days after it has been del ivered 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 esti mate 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 fi nal 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 un less 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 Pa yment previously issued to such extent as may be necessary in his opin ion to protect the Owner from loss because of: General Conditions for Facility Construction Lump Sum Contract Page 16 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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. NOT USED 1-7 1-8 LIQUIDATED DAMAGES: The deduction for liquidated damages for this project are: 1) $7,500.00 per day for the John Justin Parking Garage renovation and pedestrian walkway on-site construction from Crestline Road at University Blvd . to Burnett- Tandy Drive ; 2) $5,000.00 per day for the exterior portion and $2,500.00 per day for the interior portion of the East Multi-Purpose Facility ; 3) $1,000.00 per day for the canopy construction ; and 4) $1,000.00 per day for the tunnel connections . 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 fill 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 ma intenance, 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 reta inage may be reduced to2.5%. 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 General Conditions for Facility Construction Lump Sum Contract Page 17 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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. 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 ta ke 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 equ ipment 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 util ities 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 cond itions 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 w ill 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, C ity employees and the public . The Contractor shall keep the premise free at all times from accumulation of waste materials or rubbish . At the completion of the work , the Contractor shall remove all his wastes and rubbish from and about the work area , as well as his tools , equipment and surplus materials and shall leave the area as clean and free of spot , stains , etc., as before the work was undertaken . General Conditions for Facility Construction Lump Sum Contract Page 18 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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 fo r 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. K-2 WORKERS' COMPENSATION INSURANCE 1) General a ) Contractor's Worker's Compensation Insurance. Contractor agrees to provide to the Owner (City) a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees employed on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section . b ) Subcontractor's Worker's Compensation Insurance . Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired . Contractor shall provide a copy of all such certificates to the Owner (City). c) By signing this Contract or providing or causing to be provided a certificate of coverage , the Contractor is representing to the City that all employees of the Contractor who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self-insured , with the Texas Worker's Compensation Commission's Division of Self-Insurance Regulation . Providing false or misleading information may subject the Contractor to administrative penalties , criminal penalties , civil penalties or other civil actions . d) The Contractor's failure to comply with any of these provisions is a breach of contract by the Contractor which entitles the City to declare the contract void if the Contractor does not remedy the breach within ten days after receipt of notice of breach from the City . 2) Defin itions: a) Certificate of Coverage ("certificate"). A copy of a certificate of insurance , a certificate of authority to self-insure issued by the Texas Workers' Compensation Commission , or a coverage agreement (TWCC-81 , TWCC-82 , TWCC-83 , or TWCC- 84), showing statutory workers' compensation insu rance coverage for the person 's or entity's employees providing services on a project , for the duration of the project. b) Duration of the Project. Includes the time from the beginning of the work on the project until the Contractor's/person's work on the project has been completed and accepted by the City. c) Persons providing services on the project ("subcontractor" in section 406 .096)-includes all persons or entities performing all or part of the services the Contractor has undertaken to perfonm on the project, regardless of whether that person contracted directly with the Contractor and regardless of whether that person has employees . This includes , without limitation, independent contractors , subcontractors , leasing companies , motor carriers , owner-operators , employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation , providing , hauling , or delivering equipment or materials , or providing labor, transportation, or other services related to a project. "Services" does not include activities unrelated to the project , such as food/beverage vendors , office supply del iveries , and delivery of portable toilets . 3) Requirements a) The Contractor shall provide coverage , based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas Labor Code, Section 401 .011(44) for all employees of the Contractor providing services of the project, for the duration of the project. b) The Contractor must provide a certificate of coverage to the governmental entity prior to being awarded the contract. c) If the coverage period shown on the Contractor's current certificate of coverage ends during the duration of the project , the Contractor must, prior to the end of the coverage period , file a new certificate of coverage with the City showing that coverage has been extended . d) The Contractor shall obtain from each person providing services on a project, and provide to the City: General Conditions for Facility Construction Lump Sum Contract Page 19 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center {August 2010) i) a certificate of coverage , prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and ii) no later than seven days after receipt by the Contractor, a new certificate of coverage showing extension of coverage , if the coverage period shown on the current certificate of coverage ends during the duration of the project. e) The Contractor shall retain all required certificates of coverage for the duration of the project and for one year thereafter. f) The Contractor shall notify the City in writing by certified mail or personal delivery, within ten (10) days after the Contractor knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project. g) The Contractor shall post on each project site a notice , in the text, form and manner prescribed by the Texas Worker's Compensation Commission , informing all persons providing services on the project that they are required to be covered , and stating how a person may verify coverage and report lack of coverage . h) The Contractor shall contractually require each person with whom it contracts to provide services on a project, to: i) provide coverage , based on proper reporting on the classification codes and payroll amounts and filing of any coverage agreements , which meets the statutory requirements of Texas labor Code , Section 401 .011(44) for all of its employees providing services on the project, for the duration of the project ; ii) provide to the Contractor, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project , for the duration of the project; iii) provide the Contractor, prior to the end of the coverage period , a new certificate of coverage showing extension of coverage, if the coverage period shown on the .current certificate of coverage ends during the duration of the project ; iv) obtain from each other person with whom it contracts , and provide to the Contractor: ( 1) a certificate of coverage , prior to the other person beginning work on the project ; and (2) a new certificate of coverage showing extension of coverage , prior to the end of the coverage period , if the coverage period shown on the current certificate of coverage ends during the duration of the project ; v) retain all required certificates of coverage on file for the duration of the project and for one year thereafter. vi) notify the City in writing by certified mail or personal delivery , within ten (10) days after the person knew or should have known , of any change that materially affects the provision of coverage of any person providing services on the project; and vii) contractually require each person with whom it contracts, to perform as required by paragraphs h-i) -vii), with the certificates of coverage to be provided to the person for whom they are providing services . 4) Posting of Required Worker's Compensation Coverage a) The Contractor shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage . This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules . This notice must be printed with a title in at least 30 point bold type and text in at least 19-point normal type , and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes : "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by worker's compensation insurance . This includes persons providing , hauling , or delivering equipment or materials, or providing labor or transportation or other service related tp the project, regardless of the identity of their employer or status as an employee". Call the Texas Worker's Compensation Commission at 512-440-3789 to receive information on the legal requirement for coverage , to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage ." K-3 LIABILITY INSURANCE: The Contractor shall procure and maintain during the term of this Contract such Liability Insurance as shall protect him , the City of Fort Worth and any Subcontractor performing work covered by this Contract, from claims of damage which may arise from operations under this Contract , including blasting , when blasting is done on, or in connection with the Work of the Project , whether such operations be by himself or by any Subcontractor or by anyone directly or indirectly employed by either of them and the limits of such insurance shall be not less than the following : 1) Automobile Liability: $1 ,000 ,000 each accident or reasonably equivalent split limits for bodily injury and property damage . Coverage shall be on "any auto" including leased , hired, owned , non-owned and borrowed vehicles used in connection with this Contract. General Conditions for Facility Construction Lump Sum Contract Page 20 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 2) Commercial General Liability: $1,000 ,000 each occurrence . Coverage under the policy shall be as comprehensive as that provided in a current Insurance Services Office (ISO) policy form approved for use in Texas and the policy shall have no exclusions by endorsement unless such are approved by the City. 3) Asbestos Abatement Liability Insurance : When the Project specifically requires the removal of Asbestos Containing Materials, the Contractor , or subcontractor performing the removal , shall be required to maintain Asbestos Abatement Liability Insurance as follows: $1,000,000 per occurrence ; $2 ,000,000 aggregate limit. The coverage shall include any pollution exposure, including environmental impairment liability, associated with the services and operations performed under this contract in addition to sudden and accidental contamination or pollution liability for gradual emissions and clean-up costs . K-4 BUILDER'S RISK INSURANCE: Unless stated otherwise in the Proposal or Invitation , the Contractor shall procure , pay for and maintain at all times during the term of this Contract , Builder's Risk Insurance against the perils of fire , lightning , windstorm , hurricane, hail, riot , explosion, civic commotion , smoke , aircraft, land vehicles , vandalism , and malicious mischief, at a limit equal to 100% of the Contract Sum. The policy shall include coverage for materials and supplies while in transit and while being stored on or off site. If specifically required in the Instructions to Bidders, the policy shall include coverage for flood and earthquake. Different sub-limits for these coverages must be approved by the City . Consequent_ial damage due to faulty workmanship and /or design performed by the Contractor or his agents shall be covered. Upon completion of the Work , the Contractor shall notify the City of Fort Worth in writing before term inating this insurance . K-5 PROOF OF CARRIAGE OF INSURANCE: The Contractor shall provide a certificate of insurance documenting the Transportation and Public Works Department, City of Fort Worth as a 'Certificate Holder", and noting the specific project(s) cove.red by the Contractor's insurance as documented on the certificate of insurance . More than one certificate may be required of the Contractor depending upon the agents and/or insurers for the Contractor's insurance coverages specified for the project(s). K-6 OTHER INSURANCE RELATED REQUIREMENTS 1) The City of Fort Worth shall be an additional insured, by endorsement , on all applicable insurance policies. 2) Applicable insurance policies shall each be endorsed with a waiver of subrogation in favor of the City of Fort Worth . 3) Insurers of policies maintained by Contractor and its subcontractor(s), if applicable , shall be authorized to do business in the State of Texas, or otherwise approved by the City of Fort Worth , and such shall be acceptable to the City of Fort Worth insofar as their financial strength and solvency are concerned . Any company through which the insurance is placed must have a rating of at least A :VII , as stated in current edition of A. M. Best's Key Rating Guide . At the City's sole discretion , a less favorable rate may be accepted by the City . 4) Deductible limits on insurance policies and/or self-insured retentions exceed ing $10 ,000 require approval of the City of Fort Worth as respects this Contract. 5) The City of Fort Worth shall be notified in writing a minimum of thirty days prior to an insurer's action in the event of cancellation , non-renewal or material change in coverage regarding any policy providing insurance coverage required in this Contract. 6) Full limits of insurance shall be available for claims arising out of this Contract with the City of Fort Worth . 7) The Contractor shall provide certificates of insurance to the City prior to commencement of operations pursuant to this Contract. Any failure on part of the City of Fort Worth to request such documentation shall not be construed as a waiver of insurance requirements specified herein . 8) The City of Fort Worth shall be entitled , upon request and without incurring expense, to review the insurance pol icies including endorsements thereto and , at its discretion , to require proof of payment for policy premiums . 9) The City of Fort Worth shall not be responsible for paying the cost of insurance·coverages required herein. 10) Notice of any actual or potential claim and/or litigation that would affect insurance coverages required herein shall be provided to the City in a timely manner. 11) "Other insurance" as referenced in any policy of insurance providing coverages required herein shall not apply to any insurance policy or program maintained by the City of Fort Worth . 12) Contractor shall agree to either require its subcontractors to maintain the same insurance coverages and limits thereof as specified herein or the Contractor shall provide such coverage on the Contractor's subcontractors . SECTION L CHANGES IN THE WORK General Cond itions for Facility Construction Lump Sum Contract East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) Page 21 of 26 L-1 CHANGE ORDER: The Owner, without invalidating the Contract, may order Changes in the Work within the general scope of the Contract consisting of additions , deletions or other revisions , the Contract Sum and the Contract Time being adjusted accordingly .. All Such Changes in the Work shall be authorized by Change Order, and shall be executed under the applicable conditions of the Contract Documents . A Change Order is a written order to the Contractor signed by the Contractor, Owner and the Architect, issued after the execution of the Contract , authorizing a Change in the Work or adjustment in the Contract Sum. The Contract Sum may be changed only by Change Order. Any changes in work required due to changed or unforeseen conditions , or by request of either the Contractor or the City, shall be coord inated with the Director, Department of Transportation and Public Works . A change order must be written and duly negotiated and executed prior to performing changed work . The cost or credit to the Owner resulting from a Change in the work shall be determined in one or more of the following ways : 1) by mutual acceptance of a lump sum property itemized , including the allowance to Contractor for overhead and profit stipulated in the original contract proposal ; 2) by unit prices stated in the Contract Documents or subsequently agreed upon ; or 3) by cost and a mutually acceptable fixed or percentage fee. If none of the methods set forth herein above is agreed upon , the Contractor, provided he receives a Change Order, shall promptly proceed with the Work involved . The cost of such work shall then be determined on the basis of the Contractor's reasonable expenditures and sa vings , including a reasonable allowance for overhead and profit as indicted in the original contract proposal. In such ca ses, the Contractor shall keep and present , in such form as the Architect shall prescribe , an itemized accounting together with appropriate supporti ng data. Pend ing final determination of cost to the Owner , payments on account shall be made on the Architect's Certificate of Payment as approved by the Owner. If after the Contract has been executed , the Architect, requests a price proposal from the Contractor for a proposed change in scope of the work , Contractor shall process such proposal within seven days of receipt and return the price quote to the Archi tect in writing . The Arch itect shall review the price quotation and if approval is recommended , forward the proposed change order request and price proposal to the Owner for approval. If approval is not recommended , the Architect w ill attempt to negotiate with Contractor to revise t he proposal to a figure which is fair and reasonable and forward it on to the Owner for approval. If the negoti ations do not result in an equitable solution , the Arch itect shall prepare a cost-plus type Change Order with a price-not-to-exceed figure for approval by the City and require specific documentation to be provided by Contractor in accordance with the paragraph above . Contractor is advised that according to City of Fort Worth Charter, that, the City Council must approve all Change Orders and W ork Orders which results in an increase in cost of the contract amount by over $25,000. Normal processing time for the City Staff to obtain City Council approval , once the recommended change order has · been received at the City , is approxi mately thirty days . Owner and Contractor shall endeavor to identify Change Order items as early in the Construction process as possible to min imize the ir impact on the construction schedule . If unit prices are stated in the Contract Documents or subsequently agreed upon , and if the quantities orig inally contemplated are so changed in a proposed Change Order that application of the agreed unit prices to the quantities of Work proposed will create a hardship on the Owner or the Contracto r, the applicable unit prices shall be equitably adjusted to prevent such hardship . If the Contractor cla ims that add itional cost is involved because of (1) any written interpretation issued pursuant to Section A , (2) any order by the Architect or Owner to stop the Work pursuant to Section B, where the Contract was not at fault , or (3) any written order for a minor change in the Work , the Contractor shall make such claim . L-2 CLAIMS FOR ADDITIONAL COST: If the Contractor wishes to make a claim for an increase in the Contract Sum , he shall give the Architect written notice thereof within a reasonable time after the occurrence of the event that gave rise to such claim . This notice shall be given by the Contractor before proceeding to execute the Work , except in an emergency endangering life or property in wh ich case the Contractor shall proceed in accordance with Section J . No such claim shall be valid unless so made. Any change in the Contract Sum resulting from such claim , if approved by the Owner, shall be authorized by Change Order. L-3 OVERHEAD ALLOWANCES FOR CHANGES: Should any change in the work or extra work be ordered , the following applicable percentage shall be added to Material and Labor costs to cover overhead and profit: 1. Allowance to the Contractor for overhead and profit for extra work performed by the Contractor's own forces shall not exceed fi fteen percent (15 %). 2 . Allowance to the Contractor for overhead and profit for extra work performed by a Subcontractor and supervised by the Contractor shall not exceed ten percent (10 %). L-4 MINOR CHANGES IN THE WORK: The Architect shall have authority to order minor changes in the Work not involving an adjustment in the Contract Sum or an extension of the Contract Time and not inconsistent with the intent of the Contract Documents . Such changes may be effected by Field Order or by other written order. Such changes shall be confirmed in writing by the Architect and shall be binding on the Owner and the Contractor. General Conditions for Facility Construction Lump Sum Contract Page 22 of 26 East Multi-Purpose Facility at W ill Rogers Memorial Center (August 2010) L-5 FIELD ORDERS : The Architect may issue written Field Orders which interpret the Contract Documents , or which order minor changes in the Work without change in Contract Sum or Contract Time. The Contractor shall carry out such Field Orders promptly. SECTION M UNCOVERING AND CORRECTION OF WORK M-1 UNCOVERING OF WORK: If any Work should be covered contrary to the request of the Owner, it must be uncovered for observation and replaced , at the Contractor's expense . If any other work has been covered which the Owner has not specifically requested to observe prior to being covered, the Architect or the Owner may reql!_est to see such work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Plans and Specifications , the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Owner. If such work be found not in accordance with the Plans and Specifications , the Contractor shall pay such costs unless it is found that this condition was caused by a separate contractor employed by the Owner. M-2 CORRECTION OF WORK: The Contractor shall promptly correct all work rejected by the 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 arch itectural 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 fa ils 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 a=unt of his insolvency, of if the Contractor refuses , except in cases for which extension of time is provided , to supply enough properly skilled workmen or proper materials , or if he fails to make prompt payment to Subcontractors or for materials or labor, or 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 General Conditions for Facility Construction Lump Sum Contract Page 23 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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. 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 term ination 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 . Du ring 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. General Conditions for Facility Construction Lump Sum Contract Page 24 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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 electric ity 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 ut ilities at ex isting voltages , pressures , frequencies, etc . will be available to the Contractor. · Water. Provide an ample supply of potable water for all purposes of construction at a point convenient to the project or as shown on the Drawings . Pipe water from the source of supply to all points where water will be required . Provide sufficient hose to carry water to every required part of the construction and allow the use of water facilities to subcontractors engaged on the work . Provide pumps , tanks and compressors as may be required to produce required pressures . Electric Service. Provide adequate electric service for power and lighting to all points where required . Temporary, electric service shall be of sufficient capacity and characteristics to supply proper current for various types of construction tools, motors , welding machines , lights , heating plant , air conditioning system , pumps , and other work required . Proyide 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 humid ity 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 re silient 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 Con tractor 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 resu lt 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 slid ing glass doors with provisions for General Conditions for Facility Construction Lump Sum Contract Page 25 of 26 East Multi-Purpose Facility at Will Rogers Memorial Center (August 2010) 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 for Facility Construction Lump Sum Contract Page 26 of 26 East Multi-Purpose Facil ity at Will Rogers Memorial Center (August 2010) CITY OF FORT WORTH, TEXAS CONSTRUCTION CONTRACT THE STATE OF TEXAS COUNTY OF TARRANT KNOW ALL BY THESE PRESENTS: This agreement made and entered into this the 14th day of December A.O., 2010, 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.O. 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 Rogers-O'Brien Construction Company, Ltd. of the City of Dallas County of Dallas, State of Texas hereinafter called CONTRACTOR. WITNESSETH: That for and in consideration of the payments and agreements hereinaf- ter 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: Construct East Multi-Purpose Facility Will Rogers Memorial Center Northwest Corner of University Drive & Harley Avenue Fort Worth, Texas TPW Project No. TPW2010-10 City Project No. 01627 That the work herein contemplated shall consist of furnishing as an independent contractor all labor, tools, appliances and materials necessary for the construction and completion of said project in accordance with the Plans and Specifications and Contract Documents adopted by the City Council of the City of Fort Worth, which Plans and Specifications and Contract Documents are hereto attached and made a part of this contract the same as if written herein. The Contractor hereby agrees and binds himself to commence the construction of said work within ten (10) days after being notified in writing to do so by the Owner. City agrees and binds itself to pay, and the said Contractor agrees to receive, for all of the aforesaid work, and for stated additions thereto or deductions therefrom, the price shown on the Proposal submitted by the successful bidder hereto attached and made a 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. OFFICIAL RECORD WRMC East Multi-Purpose Facility CITY SECREt ber 2010 FT. WORTH, TX The agreed upon total contract amount shall be $15,443,305.00 and includes the base bid ($14,537 ,000 .00); Add Alternate No.: 1 ($24,400.00). No . 2 ($225,000.00), No. 3 ($88 ,000.00), and No. 5 ($66 ,000.00); Post Bitl revisions ($53 ,100 per summary attachment on Trey Carroll (Rogers-O 'Brien) Email dated December 1, 2010 at 2:17 PM. This is included as Attachment "A " and is in and is part of this contract; and an allowance for use by the City only ($449 ,805.00). At the completion of the project, the C ity will retain the remaining allowance. Contractor agrees to complete the project , suitable for occupancy and beneficial use, based on the phased completion in the Notice to Offerers , Request for Proposal package, and Addendums, which are included in and are part of this contract. Phase 1 : The John Justin Parking Garage renovation and pedestrian walkway on-site construction will start no earlier than February 14, 2011. Construction for the John Justin Parking Garage renovation and the pedestrian walkway on-site construction from Crestline Road at University Drive to Burnett-Tandy Drive must be substantially completed to obtain at least a temporary Certificate of Occupancy by December 1, 2011 or sooner (and a full Certificate of Occupancy by January 1, 2012). No work will be allowed and the construction contractor must demobilize during the period of January 7 -February 5, 2012. Phase 1: The East Multi-Purpose Facility construction will start no earlier than February 14, 2011 and the exterior must be substantially completed by December 1, 2011. No exterior work will be allowed and the construction contractor must demobilize all exterior items during the period of January 7 -February 5, 2012. The construction contractor can continue working on the interior. Contractor agrees to complete this portion to obtain at least a temporary Certificate of Occupancy within 289 calendar days (December 1, 2011) and a full Certificate of Occupancy by January 1, 2012. Phase 2 : The canopy and tunnel connections construction will start no earlier than February 13, 2012. Significant coordination with the Will Rogers Memorial Center staff will be required during the tunnel and canopy construction. Frequent, periodic access to the John Justin Arena from W. R. Watt Drive will be required . Contractor agrees to complete this portion to obtain a full Certificate of Occupancy within 121 calendar days (June 12, 2012). Insurance Requirements: The Contractor shall not commence work under this contract until it has obtained all insurance required under the Contract Documents , and such insurance has been approved by the Owner. The Contractor shall be responsible for delivering to the Owner the sub-contractors' certificates of insurance for approval. The Contractor shall indicate on its certificate of insurance included in the documents for execution whether or not its insurance covers subcontractors. It is the intention of the Owner that the insurance coverage required herein shall include the coverage of all subcontractors WRMC East Multi-Purpose Facility OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX December 2010 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. f. PROOF OF CARRIAGE OF INSURANCE: The Contractor shall furnish the owner with satisfactory proof of coverage by insurance required in these Contract Documents in the amounts and by insurance carriers satisfactory to the Owner. The form to be used shall be the current Accord certificate of insurance form or su h WRMC East Multi-Purpose Facility OFFICIA ·e!J:m~~r~~1 CITY SECRETARY FT. WORTH, TX other form as the Owner may in its sole discretion deem acceptable. All insurance requirements made upon the Contractor shall apply to the sub-contractors, should the Contractor's insurance not cover the subcontractor's work operations performed in the course of this contracted project. ADDITIONAL INSURANCE REQUIREMENTS: 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 cial cover ge maintained by Owner shall not be called upon to contribute t RD WRMC East Multi-Purpose Facility CITY SEC m, fi:ilfbl:fer FT. WORTH, TX k. In the course of the project, Con t ractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. I. Contractor's liability shall not be limited to the specified amounts of insurance required herein. m. Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. If this Contract is in excess of $25,000, the Contractor shall provide a Payment Bond in the full amount of the contract. If the contract is in excess of $100,000 Contractor shall provide both Payment and Performance Bonds for the full amount of the contract. Contractor shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Permit fees are waived . Separate permits will be required for each facility. If the Contractor should fail to complete the work as set forth in the Plans and Specifications and Contract Documents within the time so stipulated , plus any additional time allowed as provided in the General 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 six counterparts with its corporate seal attached. WRMC East Multi-Purpose Facility OFFICIAL RECORD CITY SECRETARY FT, WORTH, TX December 2010 Done in Fort Worth, Texas , this the le+ h day of ~ A.D., 2011. . ~ Rogers-O 'Brien Construction Company, Ltd . APPROVED: By:~12 ............... ______________ _ Preston McAfee President APPROVAL RECOMMENDED: . By~_l~7 ~.C:: . Gff William Aerke~E~ Director Transportation & Public Works Dept APPROVED AS TO FORM AND LEGALITY: By:~ Douglas W. Black Assistant City Attorney WRMC East Multi-Purpose Facility CITY OF FORT WORTH By : 7~ .. ~t:::L • Fernando Costa Assistant City Manager RECORDED: By: G:De~~ City Secretary M&C C-;;;l._Ykl,t./- Contract Authorization Date: OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX ....__~~~~--f"l:IPM=!'i~~~mber2010 Murayama, Dalton From: Sent: To: Trey Carroll [treyc@rogers-obrien.cor.n] Wednesday, December 01 , 2010 2 :17 PM Gary Ryan Cc: Murayama, Dalton; Clements, Ronald; Lee Derr Subject: Will Rogers -Updated Pricing for Post-Bid Addendum Importance: High Attachments: WRMC_SOVs with Accepted Alt_Plus Post-Bid_ 12-01-1 O_R1 .pdf Gary, A~M~-rr'A'' Attached are updated proposals from our subcontractors for the Post-Bid Addendum including the updated Schedule of Values Sheet with the updated Post-Bid pricing . Please note the comments from Grace Construction and from Basecom regarding their pricing of the changes. There were a few issues with subcontractors not comparing the latest revisions of each sheet to the Post-Bid issued drawings . The total cost for the Post-Bid Addendum has been reduced considerab ly. Please call or e-mai l should you have any questions. Thanks, Trey Carroll Project Manager Main 214 .962.3000 Direct 940 .565 .8032 Fax 214.962.3075 Cell 214.212 .1318 Rog e rs-O'Brien Con stru ction Dallas I Austin www.rogers -obrien .com From: Gary Ryan [mailto:gryan@hahnfeld.com] Sent: Monday, November 29, 2010 4:49 PM To: Lee Derr; Trey carroll Cc: Eric Hahnfeld Subject: WRMC-MP Timing of Contracting Lee and Trey, Per my conversation this afternoon with Ronny Clements at The City of Fort Worth, this Wednesday, · December 1, is the last day that your contract can be placed on the December 14th City Commissioners' meeting agenda. If that date is missed, your contract will not be up for review until January. Please push hard to wrap up your pricing exercise ASAP, and assure that your subs are looking at the correct versions of the documents when they estimate their changes. Let me know if there is anything we can do to help push this along quickly. Thanks! Gary Gary A. Ryan, AIA, NCARB 12/9/2010 Senior Project Manager Hahnfeld Hoffer Stanford 200 Bailey Avenue, Suite 200 Fort Worth, Texas 76107 817-302-0673 d 817-302-0692 f 817-903-5435 C www.hahnfeld.com collaboration. innovation . Transformation. The information contained in this message, includlng any f-iles transmitted within or by attachrnent, is confidentiali and may be priviieged and protected from disdosure. If the reader of this message is not the intended recipient, you are hereby not ified that any dissemination, distributi on or copying of this communication is strictly prohibited. If you h;,ve received this communication in error. please notify us immediateiy by replying to the message and permanently deleting it. 12 /9/2010 Updated 12/1/2010 Will R ogers Multipurpose Schedule o f Values Alt#l Alt#2 Alt#3Stall Alt#SArea Post-Bid Division Description Sub/Supplier Base Bid Value Repellant Tunnel Power Drains Addendum Sub Totals 1 General Conditions Rogers-O'Brien $770,329 $0 $770,329 1 OH & P Post-Bid Revisions Rogers -O'Brien Pl?iJWi~~2~;; $2,528 1 Performance & Payment Bond MHBT & The Hartford $136,170 ; ~-~'0,;i:Jl $$!1-~t $136,513 1 HVAC TAB Allowance Air Balancing $30,000 $0 $30,000 1 Contingency To Be Determined $436,000 $0 $436,000 2 Earthwork/Demolition Waddell Excavating, Inc. $703,851 $15,717 1:i,~$.1:'i,l;i,;tl;jl;f;~ $730,879 2 Termite Control Prime Pest Management $8,200 $519 $0 $8,719 2 Site Utilities Wright Construction Company $246,548 :~t4W$..UJ!i#~ $253,252 2 Pavement Markin11;s Cleaner lma11;e $7,564 $454 $8,018 2 Landscape/Irrigation Pending $42,860 $310 $43,170 3 Concrete Grace Construction $3,153,241 $149,232 1?}.~}\[{$6~9.iW: $3,308,517 4 Masonry Artisan Masonry, Inc. $1,419,703 $0 $1,419,703 5 Structural Steel Nasco Steel $1,372,448 $2,595 $2,100 $1,377,143 5 Structural Steel -Misc. Aaron Ornamental Iron Works $87,319 $0 $87,319 6 Architectural Woodwork Wiley Industries $514 $0 $514 • 7 Waterproofing/Sealants Chamberlin Roofing & Waterproofing $1,356,012 $24,400 $34,927 $13,300 $0 $1,428,639 7 EPDM Roofing/Metal Soffit Panels Anchor Roofing Systems $970,781 $2,595 $0 $973,376 7 Fireproofing Commercial $24,228 $0 $24,228 8 Doors/Frames/HOWE DFW Door & Hardware $69 ,098 $0 $69,098 8 Overhead Coiling Doors Southern Dock Products $80,205 $0 $80,205 8 Vertical Acting Fire/Smoke Doors Johnson Eauipment Company $21,609 $0 $21,609 8 Glass/Glazing Campbell Glass & Mirror $117,353 $0 $117,353 8 Translucent Skylight System Read Architectural Products, LLC $337,569 $0 $337,569 9 Drywall/Plaster Trinity Drywall & Plaster $691,336 $0 $691,336 9 Tile Wadleigh Tile $9,830 $0 $9,830 9 Painting Jonsco Inc. $120,489 $0 $120,489 10 Louvers and Vents CAF Specialties $73,071 $0 $73,071 Toilet Specialties, Flagpoles, Fire IJf !i:tf ,:~i,;:. 10 Extinguishers, Key, Box Rocky Duron & Associates $36,355 $519 ·f $41,611 ' . 7 ;, 10 Signs AS! $51,338 $0 $51,338 12 Fall Protection System The Dunne Co. $5,136 $0 $5,136 14 Hydraulic Elevators Schindler Elevator $37,393 $0 $37,393 15 Fire Protection Texas Sprinkler $268,120 $3,370 ($4,980) $266,510 15 Plumbing/HV AC Hidalgo Industrial Services, Inc. $1,231,711 $10,170 $52,700 $3,905 $1,298,486 16 Electrical Basecom, Inc. $1,028,204 $5,356 $88,000 $19,644 $1,141,204 16 Fire Alarm MCS Fire & Security $28,415 $0 $28,415 Totals $14,973,000 $24,400 $225,000 $88,000 $66,000 $53,100 $15,429,500 EXECUTEDINTHREE(3)COUNTERPARTS THE STATE OF TEXAS COUNiY oi::: TARRANT § § § Bond# 468CSFT6799 PAYMENT BOND KNOW ALL BY THESE PRESENTS: That we, (1 ) Ro.gers-O'Brien Construct,ion Company, Ltd., as Principal herein, and (2) Hartford Fire Insurance Company , a corporation organized and existing under the laws of the State of (3) Connecticut as surety, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the amount of Fifteen Minion •. Faur .Hu»·d.red f}orty Thr.ee Thousand. Three Hundred Five DoHars & No Cents {$15.443;·30:5;,00) for the payment whereof, the said Principal and Surety bind themselves and their heirs, executors, administrators, successors and assigns, joirttly and severally, firmly by these present s: WHEREAS, the Principal has entered into a certain written contract with the Obligee dated the 14th day of December , 2010, which contract is hereby referred to and made a part hereof as if fully and to the same extent as if copied at length, for the following project: Construct East MuJti-:Purpose FaciJity at WUI . Rqgers Memorial Center at the Notthwest Corner of .Un1versity Driv.e & Harley Avenue. f0rt Worth; Tx TPW P ,roiect No. !PW:2(}.10-1'0; City Project No. 01 ,6.27. NOW, THERE:FORE, THE: CONDITION OF THIS OBLIGATION IS SUCH, that if the said Principal shall faithfully make payment to each and every claimant (as defined in Chapter 2253, Texas Governmertt Code, as amended) supplying labor or materials in the prosecution of the work under the contract, then this obligation shall be void; otherwise, to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shal l be d'eterrnin-ed in accordance with the provisions of said statute, to the same extent as if it were copied at length herein. IN W ITNESS WHEREOF, the duly authorized representatives of the Principal and the Surety have executed th is instrument. WRMC East Mufti-Purpose Facility December 2010 . SIGNED and SEALED thi s _14_t_h ___ day of December, 2010 Rogers-O'Brien Construction Company, Ltcj . ATTEST: ~ (Principal)~~ :;IN ~J?-- N~me: .... Title: --~_.__~-'-'~~-='---''"'""r ---'""~ -"""=~,-,,--~--:,. ;.--- (SE AL) Address: 1901 Regal Row Dallas , Texas 75235 Witness as to Piincipal ATit:ST: ~-~~~ Na me : Kae Perdue , Attorney-In-Fact Attorney in Fact Secretary (SI= AL) NOTE: (1) (2} (3) Address: 8144 Walnut Hill Lane, Suite 1600_ Dallas , .Te.xas 75231 Telephone Number: 972-770-1600 Correct nam e of Principal (Contractor). Correct nam e of Surety. State of inoorpor:ation of Surety Telephone number of surety must be stated. In addition, an origin a l cbpy of Power of Attorney shall be attached to Bond by the Attomey-in--Fact. The date of bond shall not be prior to date of Contract. WRMC East Multi-Purpose Facility December 2010 EXECUTED1NTHREE (3)COUNTERPARTS Bond# 46BCSFT6799 PERFORMANCE BOND THE STATE OF TEXAS COUNTY OF TARRANT § § § KNOW ALL BY THESE PRESENTS: That we, (1) Roge:ts:"01,Brien Construction Company, Ltd., as Principal herein, and (2) Hartford Fire Insurance Company , a corporation organized under the laws of the State of (3) Connectic ut and who is authorized to issue surety bonds in the State of Texas, Surety herein, are held and firmly bound unto the City of Fort Worth, a municipal corporation located in Tarrant and Denton Counties, Texas, Obligee herein, in the sum of Fifteen MUUon •. Fo,ur Hundred F:orty Three. Thousand, Thr:ee Hundred Five DoUars & No . Cents ($15.443,305.00 ;) for the payment of which sum we bind ourselves, our heirs, executors , administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, Principal has entered into a certain written contract with t he Obligee dated the 14th day of Oeoetnber , 2010, a copy of which is attached hereto and made a part hereof for all purpose s, to Construct East ·Mu.lti-Purpos.e FaeUity at Will Rogei1S M"emorial . Center at the Northwest Corner of University Dri .ve & Har~ey Ave.nae, Fort Werth, tx tPW Preie,et No. TPW2010-10: City Proiect No. 01627. NOW, THEREFORE, the condition of this oblig ation is such, if the said Principal shall faithfully perform the work in accordance with the plans, specifications, and contract documents and shall fully indemn ify and hold harmless the Obligee from a ll costs and damages which Obligee may suffer by reason of Principal's default, and reimburse and repay Obligee for a ll outlay and expense that Obli gee may in cur in making good such d efault, then th is obligation shall be void; otherwise , to remain in full force and effect. PROVIDED, HOWEVER, that this bond is executed pursuant to Chapter 2253 of the T exas Government Code, as amended, and a ll liabil iti es on this bond shall be determined in accordance with the provisions of such statute, to the same extent as if it were copied at length herein . IN WITNESS WHERE.OF, the duly authorized representatives of the Principal and the Surety have executed this instrument. W RMC East Multi-Purpose Facility December 2010 •. SIGNED and SEALED this 14th ATIEST: (SE AL) Witness as to Principal ~EST: ~ .:_:_~-- Secretary day of December , 2010 , 28:tt. Rogers-O'Brien Construction Company , Ltd . :;IN~'- Name: ~ . -:::::,."": Title: --1,1,J~'-'=~=-"~---=-,~ :.=_...,\;----=------ Address: 1901 Regal Row Dallas , Texas 75235 ~-----------~~~- ~-Name: Kae Perdue , Attorney-ln~Fac: _ Attorney in Fact ,- -,.. -- -· -----~ ,--._ . -............... ~ ' (SE AL) NOTE: (1) (2) (3) Address: 8144 Walnut Hill Lane , Suite 1600 : .. -... -· · .•.• ·' -----~--'-------------------· Dallas , Texas 75231 Telephone Number: 972~770-1600 Correct name of Principal (Contractor). Correct name of Surety. State of incorporation of Su rety Telephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. WRMC East Multi-Purpose Facility December 201 o E.XECUTED IN THREE (3) COUNTERPARTS THE sr A TE OF TEXAS COUNTY OF TARRANT § § § Bond# 46BCSFT6799 MAINTENANCE BOND KNOW ALL BY THESE PRESENTS: That Rti>gers-O'Brien C<i>;nstrucfion Company. Ltd. ("Contractor"), as principal, and, . Hartford Fire Insurance Company a corporation organized under the laws of the State of Connecticut , ("Surety"), do hereby acknowledge themselves to be held and bound to pay unto the City of Fort Worth, a Municipai Corporation chartered by virtue of Constitution and laws of the State of Texas, ("City") in ,artant County, lexas, the sum of Fifteen Milliqn, Fe,ur Hundred Foqy.Tbtee Thli>.usa·r;td, .Tht.e·e . Hundred Fiv:e D,ollars & No Cents f$t5,443.,30 ,5.GO), laWful money of the United States, for payment of Whieh sum well and truly be made unto said City and its successors, said Contractor and Surety do hereby bind themselves, their heirs, executors, administrators, assigns and sucGessors, jointly and severally. This obligation is conditioned, however, that: WHEREAS, said Contractor has this day entered into a written Contract with the City of Fort Worth , dated the · .. 14th of . Dec.embe.r . .. . , 201 O, a copy of which is hereto attached and made a part hereof, for the perfonnance of the following described public improvements: Constr,ut:t.J!ast Multi:-P-urpos.e FaeiHty at Will Rogers .M:em ·o.rial Center at .the Not,tnwesLCemet of :Univers·ity Dti:ve &. HarJey Avenue* Fort Wotto,. tx the same being referred to herein and in said contract as the Work and being designated as project number(s) tPW P'roie·ct No. TPW20to.-10 & City Preiect No. Ot62-l' and said contract, including all of the specifications, conditions, addenda, change orders and written instruments referr-ed to therein as . Contract Documents being incorporated he·rein and being made a part hereof; and, WRMC East Mufti-Purpose Facility Desember 2010 WHEREAS, in said Contract, Contractor binds itself to use such materials and to so construct the work that it will remain in good repair and condition for and during a period of after the date of the final acceptance of the work by the City; and WHEREAS, said Contractor binds itself to maintain said work in good repair and condition for said term of Two Years ; and WHEREAS, said Contractor binds itself to repair or reconstruct the Work in whole or in part at any time within said period, if in the opinion of the Director of the City of Fort Worth Department of Engineering, it be necessary; and, WHEREAS, said Contractor binds itself, upon receiving notice of the need therefore to repair or reconstruct said Work as herein provided. NOW THERilt!FORE, if said Contractor shall keep and perform its said agreement to ma.intain, repair or reconstruct said Work in accordance with all the terms and conditicms of said Contract, these presents shall be null and void, and have no force or effect. Otherwise, this Bond shall be and remain in full force and effect, and the City shall have and recover from Contractor and Surety damages in the premises as prescribed by said Contract. This obligation shall be a continuing one and successive recoveries may be had hereon for successive breaches until the full amount hereof is exhausted. WRMC East Multi-Purpose Facility December 2010 IN WITNESS WHEREOF , thi s in strument is executed in _6_ counterparts, each of which sh a ll be dee m ed an original, thi s _·_1_4t_h __ A.O. 231 ~ day of December , 201 O Rogers-O 'Brien Construction Company , Ud . (Principal) Secretary PR IN G:~ f' -/_ By:~~-. Name: ~~///as-~-- ATTEST d!4~0 (SE AL) Title: ~~ ~~~ I . -> -:.~- Address : 1901 Regal Row ------:.. - Dallas , Tex as 75235 Witness as to Principal ATIEST: ~ ,~;:_ -...... '- Sec retary Name: Kae Perdue, Attorney~ln-Fact Attorney in Fact -.... _...... ..... ... ......... (SE AL) Address: 8144 Walnut Hill Lane , Suite 1600 Dallas , Texas 75231 ~~ Witness as to Surety Telepho ne Number: 972-770-1600 NOTE: (1) Correct name of Principal (Contractor). (4) Correct name of Surety. (5) State of inoorp0ration of Surety T e lephone number of surety must be stated. In addition, an original copy of Power of Attorney shall be attached to Bond by the Attorney-in-Fact. The date of bond shall not be prior to date of Contract. WRM C East Multi -Purp ose Facility December 2010 .. ...... --- :: IMPORTANT NOTICE To obtain information or make a complaint: · You may contact your agent. You may call Hartford Insurance Group at the toll free telephone number for information or to make a complaint at: 1-800-392-7805 You may also write to The Hartford : The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 You may contact the Texas Department of Insurance to obtain information on companies , coverages, rights or complaints at: 1-800-252-3439 You may write the Texas Department of Insurance P.O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web: http://www.tdi.state .tx .us E-mail: ConsumerProtection@tdi.state .tx.us PREMIUM OR CLAIMS DISPUTES: Should you have a dispute concerning your premium or about a claim you should contact the agent first. If the dispute is not resolved, you may contact the Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR POLICY: This notice is for your information only and does not become a part or condition of the attached document. F-4275-1, ./TX4275-1 HR 42 H006 00 0807 AVISO IMPORTANTE Para obtener informacion o para someter una queja . Puede comunicarse con su agente. Usted puede llamar al numero de telefono gratis de The Hartford Insurance Group para indormacion o para someter una queja al 1-800-392-7805 Usted tambien puede escribir a The Hartford. The Hartford Hartford Financial Products 2 Park Avenue, 5th Floor New York, New York 10016 1-212-277-0400 Puede comunicarse con el Departamento de Seguros de Texas para obtener informacion acerca de compariias, coberturas, derechos o quejas al: 1-800-252-3439 Puede escribir al Departamento de Seguros de Texas P .O. Box 149104 Austin, TX 78714-9104 Fax Number (512) 475-1771 Web : http://www.tdi.state .tx.us E-mail: ConsumerProtection@tdi .state. tx. us DISPUTAS SOBRE PRIMAS O RECLAMOS: Si tiene una disputa concerniente a su prima o a un reclamo, debe comunicarse con su agente primero. Si no se resuelve la disputa, puede entonces comunicarse con el departamento (TOI). UNA ESTE AVISO A SU POLIZA: Este aviso es solo para proposito de informacion y no se convierte en parte o condicion del documento adjunto. Dirnct lnquiries/,€.falms to: POWER OF ATTORNEY THE HA:RTFO~O BOND, T-4 P .O. BOX 2103, OOO ·ASYU.JMAVENl!IE HARTFORD, CONNECT!CUT 0'611'5 Cl311: ssa.2&6'-3488 or fax : 86Q..757-583sj KNOWAL!,,P_E~~Q,NS ,B-Y THI:;$!;: P.~E;NT$ THAT ; _ "gency C.ode.:-~6. '*·6i49J~ CT] Hartford Fire Insurance Company., a corporation duly organizi:d under the laws of the State of Connecticut I :(:I Hartford Casualty Insurance Company, a corporation duly organized under die laws of the State oflndiana CJ Hartford Accident and Indemnity Company, a corporation duly organ ized under the laws ofthe State of Connecticut CJ Hartford-Underwriters Insurance Company, a oorwration d.uly organized under the 'laws of the St3!:e of Connecticut CJ Twin 'City Fite Insurance Company, a corporation duly organized under the Jaws of the State oflndiana CJ Hartfon:I Insurance Compaoy offllinois, a corporation duly organized under the laws of the Stare of lllinois 0 Hartford Insurance Company ofthe Midwest. a corporation duly organized un.derthe laws of the State oflndiana c::::J Hartford Insurance Company of the Southeast, a corporation. duly <iT?aniz.ed under the l:iws oftbe State of Florida . _ . . ... havirtgt h.eir home office in Hartford, eonnecllcut (hereinafter cotlec!ive ly referred to as the 'Companies") do hereby make, con$titi:rteand appoint, up to .the amount ofUNL IMITED : -DENNIS DOWD, JOHN D. FW.,KERSON, KAE PERDUE, TOM P. ELLIS, III, DONNIE D. DOAN, MICHELE DEGNON, DEBBIE SMITH OF DALLAS, TEXAS their true and laWf\JI Attomey(s)-i n-Fact. each in their separate capacity if more than one iS named above, to sign its name as sure!Y(ie;S) on!y as delineated above by QSJ , anct ro execute, seal and acknowledge any and all bonds, undertakings, contracts and other writl.en lnsiturnents,in the nature .. thereof; on behalf of the Companies in ·their business of guaranteeing the fidelity of persons, guaranteeing the performance ot'-coirtracls · and executing or gu.aranteeirig ·bonds·and undertakings required or pennitted in any actions or proceedings allowed by law. hi Witness Whereof. and as authorized by a Resolution ot the Board of Directors of the Companies on January 22, 2004, the· Companies have ca.used the'se presents to be signed by its Assistant Vice President and its c'orporate seals to -be hereto affixed ;,duly attested bfits'Assistartt Secretary: Further, pursuant to Resolution of the Board of Directors of I.he Companies, the Companies hereby unambiguously affirm 'that they are and Will be bound by any mechanica lly applied signatures appfie<l to this Power of Attorney . Paul-A. BergenhOttz , Assistant Secretary STATI: OF COMH ECllCUT }· ss. coum OF HARTFORD Hartford -~·.".~·.1-···· .. ~ . ·-,' ...,,..,. ' .• > ••• I ~~ M. Ross FJSher, Assistant Vice Presiden t On'this 1st day of February. 2004, before me ~onally came M. Ross Fisher, to me known, who beihg by me dtJJy sworn, did-<!~.l)Ose ·a))d say : that he resides Jo ihe County of Hartforct, state of Connecticut 'that he is .the Assistant Viqe Presi dent of the Companies, the' corporatlons-d~i:ribel:l\in ,~ which~ 'the.above instrument; thqt he knowS the seals of the said corporations; that the seals .affixed to the said instru.mentare such corporate seals; that they \ver'e so alf~ by authorlty ·of tt-.e Boards-of Directors of sard corporatio11s ,:ind ttiat he signed his name thereto by like authority. ""'"'"~ /\ ~:,;-:.1-:;;/,L:?_' . . ~--/<~···.,. •. ~ Scott·E. Paselca No!acy l'llolic C:SUlflCATE My Com.mission &p;ru October 31, 2012 (, the undersigned . ~lstant Vice l'>resl<lent of the Companies, DO HEREBY CERTlFY t~at the above and foregoing is a true and ·correct copy of the Power of Attomey executed by said COmpanles, which is S111l in full furce effective as of December 14, 2010 Signed and sealed -at !he City of Hartford . r:~/~ J l4)i{:;;::.:£·;,._. ······--· ....... , l. { ' : I• .- r ;, Gary· W. Stumper, Assistant Vice President FOA;!\107 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Article 8308-3.23 of Vernon's Annotated Civil Statutes, Contractor_certifies that it provides worker's compensation insurance coverage for all of its employees employed on City of Fort Worth project Construct East Multi-Purpose Facility Will Rogers Memorial Center Northwest Corner of University Drive & Harley Avenue Fort Worth, Texas TPW Project No. TPW2010-10 City Project No. 01627 STATE OF TEXAS COUNTY OF T~T § § I te D BEFORE ME, the un ersigned authority, on this day personally appeared Tli. ~ , known to me to be the person whose n me is subscribed to the foregoing instrument, and ackno dged to me tha he executed, the same as the act .and deed of \ -" I • . -' , 'IJ r for the considerations therein expressed and in the ca · city t ,· rein stated. ER MY HAND AND SEAL OF OFFICE this _..,/) ....... , ...... 3...__ ___ day of , 20 Notary Pu lie in and for the State of Texas ,,·-:.~?;;;,-,, KAREN ELMS (tit ) Notary Pub lic ; .,,:. ... ,:;J'.~ State o!Texas ',,,~,~ • .,;.,•' My Comm. Exjlires 03-11-2014 (a) Contractor agrees to provide to the City a certificate showing that it has obtained a policy of workers compensation insurance covering each of its employees on the project in compliance with state law. No Notice to Proceed will be issued until the Contractor has complied with this section . (b) Contractor agrees to require each and every subcontractor who will perform work on the project to provide to it a certificate from such subcontractor stating that the subcontractor has a policy of workers compensation insurance covering each employee employed on the project. Contractor will not permit any subcontractor to perform work on the project until such certificate has been acquired. Contractor shall provide a copy of all such certificates to the City. WRMC East Multi-Purpose Facility December 2010 4 ' r ·· 4' l r s· ___ _.i_l 3"-r=··-Project Title _ 4• 11• _J ····---··-Architect:-:---:------==~~ 1. ~ .. -i Arc-hitects Name 2 +-.--1· 1i· Contractor: :-:-----==::::1=--1. ~"--Contractors Name __ :i. 1" -·-··· ···-FUNDED sy---·····--····· ~-· (List Bond Fund , etc) 1~·-t=SCHEDULE COMPLETION DATE_! .. 1. 1~"; __ YEAR --. ~ . . . 31• 4 FONTS: FORT WORTH LOGO IN CHELTINGHAM BOLD A L L OTHER LETTERING IN ARJAL BOLD COLORS: FORT WORTH -PMS 288 • BLUE LONGHORN LOGO • PMS 725 • BROWN LETTERING· PMS 288 -BLUE BACKGROUN D -WHITE BORDER -BLUE PROJECT DESIGNATION SIGN 1 CITY OF FORT WORTH -CONSTRUCTION STANDARD DRAWING NO. 1.-v DATE : WRMC East Multi-Purpose Facil ity December 2010