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Contract 46576
CMI SECRETARY r� COd BRACT NO. 4�S 1 WEATHER RADAR TOWER CONTRACTOR SERVICES AGREEMENT This CONTRACTOR SERVICES AGREEMENT ("Agreement") is made and entered into by and between the CITY OF FORT WORTH (the"City"), a Texas home rule municipal corporation, acting by and through Charles W. Daniels, its duly authorized Assistant City Manager, and Lemcon USA Corporation, a Delaware Corporation, and acting by and through Sam Clark, its duly authorized National Account Director (`Contractor"), each individually referred to as a "party" and collectively referred to as the"parties." CONTRACT DOCUMENTS: The Contract documents shall include the following: 1. This Agreement for Contractor Services 2. Exhibit A—Statement of Work plus any amendments to the Statement of Work 3. Exhibit B—Milestone/Task List Pricing 4. Exhibit C—Project Plan 5. Exhibit D—Milestone Acceptance Form 6. Exhibit E—Payment and Performance Bonds 7. Exhibit F—Minority Business Enterprise Participation All Exhibits attached hereto are incorporated herein and made a part of this Agreement for all purposes. In the event of any conflict between the documents, the terms and conditions of this Contractor Services Agreement shall control. 1. SCOPE OF SERVICES. Contractor hereby agrees to provide the City with services for the purpose of dismantling and transporting tower, shed and radar unit from current locations, re-erecting tower, shed and radar unit at City's site, constructing new foundation for tower, shed and HVAC, running all necessary power and cable conduit, running HVAC ductwork, purchasing and installing HVAC unit. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A," Statement of Work, more specifically describing the services to be provided hereunder. 2. TERM. This Agreement shall commence upon the date that both the City and Contractor have executed this Agreement(`Effective Date")and shall continue in full force and effect until project is complete and rrT written approval by the City has been obtained by Contractor. rT, c� 3. COMPENSATION. The City shall pay Contractor an amount not to exceed $109,731.50 in accordance with the o provisions of this Agreement and the Payment Schedule (Milestone/Task List Pricing) attached as Exhibit "B," which is incorporated for all purposes herein. Contractor shall not perform any additional Q services for the City not specified by this Agreement unless the City requests and approves in writing the at OFFICIAL RECORD WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATIONI�9P�1°�inCRETARI� �rYF II WORTH,TX additional costs for such services. The City shall not be liable for any additional expenses of Contractor not specified by this Agreement unless the City first approves such expenses in writing. 4. TERMINATION. 4.1. Written Notice. The City or Contractor may terminate this Agreement at any time and for any reason by providing the other party with 30 days' written notice of termination. 4.2 Non-appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Contractor of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever,except as to the portions of the payments herein agreed upon for which funds have been appropriated. 4.3 Duties and Obligations of the Parties. In the event that this Agreement is terminated prior to project completion, the City shall pay Contractor for services actually rendered up to the effective date of termination and Contractor shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. Upon termination of this Agreement for any reason, Contractor shall provide the City with copies of all completed or partially completed documents prepared under this Agreement. 5. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. Contractor, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City ("City Information") as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Contractor shall store and maintain City Information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Contractor shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 6. RIGHT TO AUDIT. Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this contract, or the final conclusion of any audit commenced during the said three years, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the Contractor involving transactions relating to this Contract at no additional cost to the City. Contractor agrees that the City shall have access during normal working hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct WEATHER RADAR TOWER—CITY OF FORT WORTH/LEMON USA CORPORATION Page 2 of 10 audits in compliance with the provisions of this section. The City shall give Contractor reasonable advance notice of intended audits. Contractor further agrees to include in all its subcontractor agreements hereunder a provision to the effect that the subcontractor agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, or the final conclusion of any audit commenced during the said three years have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subcontractor involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subcontractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subcontractor reasonable notice of intended audits. 7. INDEPENDENT CONTRACTOR. It is expressly understood and agreed that Contractor shall operate as an independent contractor as to all rights and privileges and work performed under this agreement, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Contractor shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors and subcontractors. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Contractor, its officers, agents, employees, servants, contractors and subcontractors. Contractor further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Contractor. It is further understood that the City shall in no way be considered a Co-employer or a Joint employer of Contractor or any officers, agents, servants, employees or subcontractors of Contractor. Neither Contractor, nor any officers, agents, servants, employees or subcontractors of Contractor shall be entitled to any employment benefits from the City. Contractor shall be responsible and liable for any and all payment and reporting of taxes on behalf of itself, and any of its officers, agents, servants, employees or subcontractors. 8. LIABILITY AND INDEMNIFICATION. A. LIABILITY - CONTRACTOR SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE ANDIOR PERSONAL INJURY, INCLUDING DEATH,TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER,WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONTRACTOR, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. B. INDEMNIFICATION - CONTRACTOR HEREBY COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, FOR EITHER PROPERTY DAMAGE OR LOSS(INCLUDING ALLEGED DAMAGE OR LOSS TO CONTRACTOR'S BUSINESS AND ANY RESULTING LOST PROFITS) ANDIOR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE WEATHER RADAR TOWER—CITY OF FORT WORTH/LEMCON USA CORPORATION Page 3 of 10 NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONTRACTOR, ITS OFFICERS,AGENTS, SERVANTS OR EMPLOYEES. 9. ASSIGNMENT AND SUBCONTRACTING. Contractor shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. If the City grants consent to an assignment,the assignee shall execute a written agreement with the City and the Contractor under which the assignee agrees to be bound by the duties and obligations of Contractor under this Agreement. The Contractor and Assignee shall be jointly liable for all obligations of the Contractor under this Agreement prior to the effective date of the assignment. If the City grants consent to a subcontract,the subcontractor shall execute a written agreement with the Contractor referencing this Agreement under which the subcontractor shall agree to be bound by the duties and obligations of the Contractor under this Agreement as such duties and obligations may apply. The Contractor shall provide the City with a fully executed copy of any such subcontract. 10. INSURANCE. Contractor shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 10.1 Coverage and Limits 10.1.1 Commercial General Liability $1,000,000 Each Occurrence $2,000,000 Aggregate 10.1.2 Automobile Liability $1,000,000 Each occurrence on a combined single limit basis Coverage shall be on any vehicle used by the Contractor, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non-owned 10.1.3 Worker's Compensation-Statutory limits 10.1.4 Employer's liability $100,000 Each accident/occurrence $100,000 Disease-per each employee $500,000 Disease-policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee WEATHER RADAR TOWER—CITY OF FORT WORTH I LEMCON USA CORPORATION Page 4 of 10 10.2 General Requirements 10.2.1 The commercial general liability and automobile liability policies shall name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agents, and volunteers in respect to the contracted services. 10.2.2 The workers' compensation policy shall include a Waiver of Subrogation (Right of Recovery) in favor of the City of Fort Worth. 10.2.3 A minimum of Thirty (30) days notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days notice shall be acceptable in the event of non-payment of premium. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 10.2.4 The insurers for all policies must be licensed and/or approved to do business in the State of Texas. All insurers must have a minimum rating of A- VII in the current A.M. Best Key Rating Guide, or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management. If the rating is below that required,written approval of Risk Management is required. 10.2.5 Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. 10.2.6 Certificates of Insurance evidencing that the Contractor has obtained all required insurance shall be delivered to the City prior to Contractor proceeding with any work pursuant to this Agreement. 11. COMPLIANCE WITH LAWS ORDINANCES RULES AND REGULATIONS. Contractor agrees that in the performance of its obligations hereunder, it will comply with all applicable federal, state and local laws, ordinances, rules and regulations and that any work it produces in connection with this agreement will also comply with all applicable federal, state and local laws, ordinances, rules and regulations. if the City notifies Contractor of any violation of such laws, ordinances,rules or regulations,Contractor shall immediately desist from and correct the violation. 12. NON-DISCRIMINATION COVENANT. Contractor,for itself,its personal representatives,assigns,subcontractors and successors in interest,as part of the consideration herein,agrees that in the performance of Contractor's duties and obligations hereunder,it shall not discriminate in the treatment or employment of any individual or group of individuals on any basis prohibited by law. If any claim arises from an alleged violation of this non-discrimination covenant by Contractor,its personal representatives, assigns,subcontractors or successors in interest,Contractor agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. WEATHER RADAR TOWER—CITY OF FORT WORTH/LEMCON USA CORPORATION Page 5 of 10 13. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered when (1) hand-delivered to the other party, its agents, employees, servants or representatives, (2) delivered by facsimile with electronic confirmation of the transmission, or (3) received by the other party by United States Mail, registered, return receipt requested, addressed as follows: City of Fort Worth Lemcon USA, Corporation Attn: Charles Daniels, Assistant City Manager Attn: Sam Clark 1000 Throckmorton Address: 2700 Story Rd. West Ste 180 Fort Worth TX 76102-6311 Irving,TX 75038 Facsimile: (817)392-8654 Facsimile: (214)420-2780 14. SOLICITATION OF EMPLOYEES. Neither the City nor Contractor shall, during the term of this agreement and additionally for a period of one year after its termination, solicit for employment or employ, whether as employee or independent contractor, any person who is or has been employed by the other during the term of this agreement, without the prior written consent of the person's employer. 15. GOVERNMENTAL POWERS/IMMUNITIES It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers or immunities. 16. NO WAIVER. The failure of the City or Contractor to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Contractor's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 17. GOVERNING LAW/VENUE. This Agreement shall be construed in accordance with the laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought pursuant to this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 18. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION Page 6 of 10 19. FORCE MAJEURE. The City and Contractor shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority,transportation problems and/or any other similar causes. 20. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only, shall not be deemed a part of this Agreement, and are not intended to define or limit the scope of any provision of this Agreement. 21. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 22. AMENDMENTS. No amendment of this Agreement shall be binding upon a party hereto unless such amendment is set forth in a written instrument,which is executed by an authorized representative of each party. 23. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Contractor, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. 24. SIGNATURE AUTHORITY. The person signing this agreement hereby warrants that he/she has the legal authority to execute this agreement on behalf of the respective party, and that such binding authority has been granted by proper order, resolution, ordinance or other authorization of the entity. The other party is fully entitled to rely on this warranty and representation in entering into this Agreement. 25. COUNTERPARTS. This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute one and the same instrument. WEATHER RADAR TOWER—CITY OF FORT WORTH/LEMCON USA CORPORATION Page 7 of 10 26. WARRANTY OF SERVICES. Contractor warrants that its services will be of a professional quality and conform to generally prevailing industry standards. City must give written notice of any breach of this warranty within thirty (30)days from the date that the services are completed. In such event, at Contractor's option, Contractor shall either(a) use commercially reasonable efforts to re-perform the services in a manner that conforms with the warranty,or(b)refund the fees paid by the City to Contractor for the nonconforming services. 27. MILESTONE ACCEPTANCE. Contractor shall verify the quality of each deliverable before submitting it to the City for review and approval. The City will review all deliverables to determine their acceptability and signify acceptance by execution of the Milestone Acceptance Form, which is attached hereto as Exhibit "D." If the City rejects the submission, it will notify the Contractor in writing as soon as the determination is made listing the specific reasons for rejection. The Contractor shall have ten (10) days to correct any deficiencies and resubmit the corrected deliverable. Payment to the Contractor shall not be authorized unless the City accepts the deliverable in writing in the form attached. The City's acceptance will not be unreasonably withheld. 29. IMMIGRATION NATIONALITY ACT. The City of Fort Worth actively supports the Immigration & Nationality Act (INA) which includes provisions addressing employment eligibility, employment verification, and nondiscrimination. Contractor shall verify the identity and employment eligibility of all employees who perform work under this Agreement. Contractor shall complete the Employment Eligibility Verification Form (1-9), maintain photocopies of all supporting employment eligibility and identity documentation for all employees, and upon request, provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall establish appropriate procedures and controls so that no services will be performed by any employee who is not legally eligible to perform such services. Contractor shall provide City with a certification letter that it has complied with the verification requirements required by this Agreement. Contractor shall indemnify City from any penalties or liabilities due to violations of this provision. City shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 30. INFORMAL DISPUTE RESOLUTION. Except in the event of termination pursuant to Section 4.2, if either City or Contractor has a claim, dispute, or other matter in question for breach of duty, obligations, services rendered or any warranty that arises under this Agreement, the parties shall first attempt to resolve the matter through this dispute resolution process. The disputing party shall notify the other party in writing as soon as practicable after discovering the claim, dispute, or breach. The notice shall state the nature of the dispute and list the party's specific reasons for such dispute. Within ten (10) business days of receipt of the notice, both parties shall commence the resolution process and make a good faith effort, either through email, mail, phone conference, in person meetings,or other reasonable means to resolve any claim,dispute,breach or other matter in question that may arise out of, or in connection with this Agreement. If the parties fail to resolve the dispute within sixty (60) days of the date of receipt of the notice of the dispute,then the parties may submit the matter to non-binding WEATHER RADAR TOWER—CITY OF FORT WORTH/LEMCON USA CORPORATION Page 8 of 10 mediation in Tarrant County, Texas, upon written consent of authorized representatives of both parties in accordance with the Industry Arbitration Rules of the American Arbitration Association or other applicable rules governing mediation then in effect.The mediator shall be agreed to by the parties. Each party shall be liable for its own expenses, including attorney's fees; however, the parties shall share equally in the costs of the mediation. If the parties cannot resolve the dispute through mediation, then either party shall have the right to exercise any and all remedies available under law regarding the dispute. Notwithstanding the fact that the parties may be attempting to resolve a dispute in accordance with this informal dispute resolution process,the parties agree to continue without delay all of their respective duties and obligations under this Agreement not affected by the dispute. Either party may, before or during the exercise of the informal dispute resolution process set forth herein, apply to a court having jurisdiction for a temporary restraining order or preliminary injunction where such relief is necessary to protect its interests. [SIGNATURES APPEAR ON FOLLOWING PAGE.] WEATHER RADAR TOWER—CITY OF FORT WORTH/LEMCON USA CORPORATION Page 9 of 10 CONTRACT REVIEW TERM SHEET (Revised Nov 25, 2014) This term sheet should be submitted along with any documents for which you are requesting legal review. The term sheet should provide sufficient information about the project, type of documents to be reviewed, previous agreements or amendments, and anticipated date for requesting City Council approval, if applicable. Please fully complete the sections below and include appropriate staff contact for questions. Type of Agreement(s) submitted for review (check all that apply) Software purchase/License Internet Implementation/ Installation Telecom Consultant/Professional Services Facilities Lease Hardware purchase Voice Radio Maintenance/Support Tower License Limited Access Telephone Services Non-Disclosure / Confidentiality Other(please specify) Scope of Services (attached) Amendment Requesting Department: ' Department Contact: ;Ar 'C2 J` )1 �- Email: nnyt �,IZ4. �' l�(G� !'-f1�X9 �1'v.S Y,aS,C ;;' -r C�v111)I i o_. Phone: Description of Project: ', )r. f,QLZ gtL 2jjr)a jaw ' - `h� `J ��. �^r UAI l Statement of Work/ Exhibits Attached: Yes _ No Term of the Agreement (include renewal options): N r.i d��-G; �C� PD t�2 �I�0 1; �; f Full Legal Name of Contractor/Licensee: ry MContractor/Licensee Business Address: ':;_JD 0 '�fint L f li•v '��� �'S� " E ' �nC> Lrv, rvc, m _ m Authorized Signatory of Contractor/Licensee (name and title): j a/11 O k�r k ; o � Previous Relationship with the City (previous CSC Nos., amendments, renewals, etc) 0 List attached agreements: Ir 1. 0 2• Contractor/Licensee Name: Legal File No: Pagel of 2 Other Department Approvals Required: (please list any other documents needed to complete the transaction, i.e. permits from Planning and Development, access easements, etc,): Risk Management/Insurance Requirements ✓"Contractual insurance requirements met ACCORD form/policy submitted and reviewed by Risk Management Type and amount of coverage approved by Risk Management Payment Terms /Amount of payment N'ilestonos Total cost of the agreement 9 '72 1 . 5 o Please include break out if payments are to be broken out Purchasing/ bid requirements /dates of advertisement (include sole source letter, or cooperative agreement) Sole Source purchase Cooperative Purchase 1 City of Fort Worth RPF/RFQ N/A1141 I L blli 1114 MWBE requirements/ or Waiver MWBE Goal set at /D 7e — MWBE Waiver requested and approved Copy of waiver form included Y / N /emailed N/A Mayor and Council Communication (M&C) Draft of M&C included / N / emailed Projected date for City Council Approval Special Notes (any other relevant information related to the agreement or information that should be included in the contract related to specially negotiated terms) Review Timeline Requested *: Rush(review within 3 days) Priority (one week for review) Standard (two weeks for review) Early submission (up to four weeks for review) * Please Note: The Law department strives to review documents submitted by departments as soon as possible. However, there are times when your review may be delayed for emergencies or for review of other items that may receive precedence per the City Council, the City Manager's Office or your Department Director. Contractor/Licensee Name: Legal File No: Page 2 of 2 IN WITNESS WHEREOF,the parties hereto have executed this Agreement in multiples this -'l-(Ld,3y of 201 ACCEPTED AND AGREED: CITY OF FORT WORTH: LEMCON USA,CORPORATION: By: IF By: k�-) C��— cz�—W�� Na : S Clark ACtt n�Assistant City Manager Title: a conal Account Director Date: Date: 1 12 Z 2 fJ l S r— / F ORr ATTEST: ATTEST: c ���°p00000 0 0 By: 00 City Se etary AS r"J APPROVED AS TO FORM AND LEGALITY: n By:_ Leann Guzman ! Assistant City Attorney CONTRACT AUTHORIZATION: M&C: �Za�' Date Approved:31�1 ao�5 OFFICIAL RECORD CITY SECRETARY FT.WORTH,TX WEATHER RADAR TOWER—CITY OF FORT WORTH!LEMCON USA CORPORATION Page 10 of 10 EXHIBIT A STATEMENT OF WORK Response to Attachment A: Scope of Services(with pricing) Lemcon USA is positioned to provide Fort Worth with all CASA Weather Radar project deliverables. We have the experience,the local operations office,the technical and field staff,and the correct mix of specialty contractors to perform. Further, the Team has mapped out the entire scope of work under the leadership of our construction experts. Services Tasks(RFP Section V; 1.0) We have performed a requirements workshop both internally within Lemcon USA, and on a one-on-one basis with the subcontractors. Upon contract award,the entire Team revisits the requirements issue(as we do at the project kick off meeting with the City). Dismantling and transporting a 53 foot tower from Cyril, OK to project site(RFP Section V,1.1) Transplanting the tower is fairly straightforward. Tower disassembly is much like tower assembly—it is planned and performed in stages, with well-trained tower crews and a similarly skilled crane operator. This disassembly is notable in that the tower sections are to be re-used, and therefore more care is needed not to bend or damage any sections. Dismantling and transport of utility shed from Cyril, OK to project site(RFP Section V;1.2) As a matter of caution and safety, a second truck will be used to transport the shelter from OK to TX. The trip is slightly over three(3)hours. As with the tower dismantle,a 40 Ton crane will aid in lifting and placing the shed onto the flatbed truck. Reconstruct,and install the 53 foot tower and utility shed at project site(RFP Section V;1.3) The shelter and tower(and HVAC)foundation will be cured,tested, and ready to receive the OK tower and shed upon their arrival in TX. The shed will be lifted off the truck with a 40 Ton crane and placed onto the pad. And the ground-based tower re-assembly(in sections)will start, later to be aided by the crane during final erection. Transport of CASA weather radar, which is eight(8)foot x eight(8)foot x eight(8)foot, approximately 1200 lbs.from its location at 2936 West Bolt Street to project site(RFP Section V;1.4) We requested to verify the dimensions of the radar,and inspected it together at the West Bolt location with our transportation subcontractor to ensure it had adequate lifting points. In our larger telecommunications work, we are constantly handling and transporting large, expensive and delicate equipment. And we are accustomed to placing many of these products(such as 8ft by 8 ft microwave dishes)atop 100 ft+towers. Installation of CASA weather radar onto the top of the tower(RFP Section V,1.5) As with other key elements of this project, we will coordinate this task with the Office of Emergency Management(OEM). And with the radar handling and installation specifically, we will also operate in consultation with the University of Massachusetts staff(with their contact information having been secured at the start of the project). Procurement of an appropriately sized A/C unit(RFP Section V;1.6) The 3 Ton HVAC work(100%recirculated ducted closed looped)is notable for the duct work to be run up to the top of the tower for connection to the radar unit. Here, we will create a custom flange for the top of the ducts to connect into the radar unit itself. WEATHER RADAR TOWER-CITY OF FORT WORTH t LEMON USA CORPORATION EXHIBIT A i Installation of a concrete slabs for the tower,shed and HVAC Unit(RFP Section V,1.7) The platform foundations will be one of the first steps and milestones of the project. 25 cubic yards of 4,000 psi concrete are needed to build these slabs,and our vendors are ready to perform the mix design, rebar and concrete testing and inspection as well as the concrete break test. Again,this is work Lemcon USA often self-performs. Construction and installation of conduit for electrical(11OV and 22019 and communications cables (RFP Section V,1.8) Options(with costs)are provided in our bid as to above or below-ground conduit runs. MILESTONE THREE(OPTION A—UNDERGROUND) Installation of ductwork for electrical and communications up to radar(RFP Section V,1.9) Our climbers and installers will run conduit with pull strings all three(3)legs of the tower. Other firms, outside of this contract, will perform the cabling. This work, like other elements of the construction,will be memorialized in As-built drawings(in Visio)and provided to the City. Lemcon USA's climbers will climb and install the HVAC ductwork to the tower,with guidance in and input from the HVAC (MBE) subcontractor. Larger Scope of Work Planning(RFP Section V,2.1) All key aspects of our proposal and CASA project build have been well planned(and it is the basis for our pricing). Everything from the operational footprint at 5801 Boat Club Road(some 200 feet by 200 of fenced in space),to radar handling,to crane usage optimization,to tower anchor bolt template design has been accounted for. Coordinate with OEM for placement of tower and shelter on property site(RFP Section V,2.2) One of the goals and tasks of the project kick-off meeting is to better finalize the exact placement and orientation of the re-installed tower and shed with the OEM staff. Develop,perform and coordinate site planning requirements(RFP Section V,2.3) The OEM,the subcontracted A&E firm,the cement subcontractor,and Team Lemcon USA project leadership all conference as to final site planning. Further, part of Lemcon USA's duties as prime contractor, we conference with the crane,HVAC and electrical vendors as to site details which may impact their tasks(as well as elicit feedback per their expertise). Site planning with active input by client and other subcontractors is almost always inherent in all of the tower and monopole builds Lemcon USA performs. Predesign Work(RFP Section V,2.4) Most Team members—with quality ensured by Lemcon USA—perform some degree of predesign work for the CASA project. And some design tasks are already performed as shown in the proposal solicitation. Examples of our Team's predesign work include • Anchor bolt pattern(by Lemcon USA) • Mix design(by the cement provider) • Rebar(foundation)design(by excavation and pouring vendor) • A/C duct runs up the tower(by HVAC provider, with aid by Lemcon USA) • Conduit runs(by electrical firm,with aid by Lemcon USA) WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION EXHIBIT A Preparation of Preliminary Schematic Design (SD)of site and structure for review by the Evaluation committee(RFP Section V;2.5) After the kick-off meeting(also involving a requirements finalization discussion and exercise among the Team and client),the process moves towards a final agreed design. The OEM is the last source of data for this,outside of the project Team.Once the Schematic Design(SD)is approved, it is then distributed internally within the team as needed(for comparing and contrasting with earlier plans, and to determine what other elements of the scope of work and project schedule might possible be impacted). Preparation of maximum Projected Cost based on SD(RFP Section V;2.6) Again, pricing offered in this bid have been carefully researched and reviewed. Further, we have performed enough similar scopes to know the potential(even seemingly minor)unforeseeable changes that can impact the time and costs to complete this project. The kick-off meeting is the first best opportunity to discuss these matters as a group(vendor and client). As talks move closer to contract finalization,there will be sufficient visibility on all project and SD variables for both Lemcon USA and the OEM to have confidence in our knowing well and meeting the maximum Projected Costs. Preparation of Project Plan and Schedule(RFP Section V,2.7) The Project Plan and Schedule is as set forth on Exhibit C to this Agreement. Preparation of a Rigorous Structural Analysis Report upon completion, installation, and testing of the tower, radar,and all connectivity. The Contractor shall provide the City an Engineering Report showing the structures were erected according to the plans and specifications in the RFP(RFP Section V;2.8) The City shall receive an Engineering Report issued by our A&E subcontractor,a firm highly experienced with tower builds,showing all finished structures meet all requirements. WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION EXHIBIT A EXHIBIT B MILESTONE PAYMENTS WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION EXHIBIT B co 00 0 0 o 0 o v O rn 0 O P- —Lci c6 04 N (rD IT Lci00 c�j �- N O O 00 N0 O � co m O LQ cn 609 6Ni9 6019 y It It '� O O O O O O O (p ' L NWfV -p (D O ti O m O O L ',N N P- 3 O L N to O O J C U04` (DV cv J O C (D (D CY) 60Lri vi 9 LO y N It � O ccl O 't (OD ` m L ch ch � O C m (D un (D N m m C U C O? V O Lr) C 00 (D f- It C m 3 C14 C14 m 6NR 6NR (f3 69 H m m m Z m C � 'C N W t -0 W mt + "= 0 0 W > N U) 3 N Z m m 0 O C Z Y C V N Q m Y O N m O ui C U m O O N p W C O > D O W co _ m mo amo �o N m 0 ) U p(D m O J C m M C 0 (D V J d L N Q a. c d co 3 v, < > p N N 3 H W 0 v c m m co 3 H Id mOc Ecn C m U) CL I_LCL NO C, 0 (1 O O tL O CIM(D qt O N O c � ELL. C m 0 - 0 0 O O �O C m 00 > 0 cc Q 0 N -0 A.2. -pm N O O (D— 0 c CO O m -a . c U) U 0 m -o C m (D > o ° oc 0 O C-) E °t3d/l c c ya3p CQcNc ° - m a3� m° m U 0 4) :. 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O L C C N N ` O O O C C m .d J m 3 m L y m N () (p O N O Q C (D a E v v T.S t m v ~ 11 j L . N O Q O " y w Q N — C y L N O _N N _ C L O o >, a a� m o > c o Q -C c c a m c c ai E p E c v '3 a o '� m a� v o c a aNi AXE o ° ammt > amL``nN � ,"nm > w ° O t C .�- N 7 C O = 00 C - C m O c m C d a�- O m 7 Y 'a m M — O c L L° n m N o c a m 'ry m o Q E m O U m y U E \ rn p .: c m a� y ¢ o m u, >. O - �- m m .. c 3 > C N 30 m N (0 rL- U d '3 V 3d O C O > U w a cc v o" ww a ° > a c-�at m o 3 � -0 1 a�i -a m °� 2 m ` Q N LO OCL a n C C C U 0 " C y O rL0- C m ycn (� m N >+ w o N ,O V w 7 O N 3 .c- L .O N d 7 N E C Q •� N C CL V o C C' " c am a 3 o m u, (o c �' p L = c � m " : C .. ?i C O C m U -6 o U N U O - (p C .-0 -5 E c o .: N �' o o a� L •- y •c a c m L m a X o m Q) m m a:. - rn N a > = c v H ma; o � a c�a � mmm u, Na > > m � os � c o' s F=' m w Q c v a c c c c adi x 0 y 0 fn a c m •• m m o QJ. (D O c o Z O N M 1l- w m EXHIBIT C PROJECT PLAN AND SCHEDULE Lemcon USA can lead the Team of subcontractors and complete the project in roughly one(1)month, if the various work elements fall into place and there are no delays. This time period does not account for the various design and pricing talks needed between Fort Worth and Lemcon USA, and also assumes some degree of time between notice of award and the actual work start date. Once and a project kick off meeting has been held, final requirements have been finalized,the Schematic Designs have been approved, and other approvals have been gained,the basic key timelines and work milestones are as follows: • Site visit to OK(1 day) • Anchor bolt design o This must be performed in time so as to not delay the foundation build • Start tower and shelter excavation at Fort Worth(7 days) o This also includes the HVAC pad • Pouring of concrete pads(2 days) o This is coordinated with the supplier of the 4000 psi concrete o Notice given to crane and trucking company regarding start date of tower and shelter removal in OK • Concrete cure of Fort Worth pads(7 days) o Coordination with crane vendor and trucking company as to time in OK to remove tower/shelter o Notice to HVAC and electrical vendors as to expected start date of their work in Fort Worth • Ground Halo installation(site grounding)in Fort Worth(1 day) • Test concrete pads in Fort Worth o Successful test results trigger disassembly work in OK of tower/shelter • Dismantle tower and shelter in OK(2 days) o Only one(1)day of crane work needed at OK site o Final prep in Fort Worth for arrival of tower sections and shelter from OK • Bring tower and shelter to Ft Worth on two(2)trucks(1 day) • Use crane to unload shelter from truck, straight onto new shelter pad(1 day) o Elements of the HVAC and electrical scopes of work can begin o Additional inspections of tower sections and shelter • Assemble tower sections(on ground)and erect tower with crane(1 day) • Prep tower for radar install,other checks to tower/site, and communication and coordination with OEM and University of Massachusetts (1 day) • Install HVAC and electrical (5 days) o Some of the Lemcon USA climbing staff will aid in this phase • Retrieve radar from 2936 West Bolt Street, and install on top of tower with crane(1 day) • Final installations,quality checks,and installation testing(1 day) o This triggers the final A&E task of gathering the Rigorous Structural analysis Report for submission to the OEM/City of Fort Worth WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION EXHIBIT C 0 IIGIHX9 NOIIVZ:JOdZ:J00 vsn NOOV431 HIHOM IHOJ JOkilO Z:13M0I HV(] 'd Z:19HIV3M eD yW Si iA 9 Ar 4T 9 4V O bb fig cc ge EXHIBIT D MILESTONE ACCEPTANCE FORM Services Delivered: Milestone/Deliverable Ref. #: Milestone/Deliverable Name: Unit Testing Completion Date: Milestone/Deliverable Target Completion Date: Milestone/Deliverable Actual Completion Date: Approval Date: Comments(if needed): Approved by Contractor: Approved by City Department Director: Signature: Signature: Printed Name: Printed Name: Title: Title: Date: Date: For Director Use Only Contracted Payment Amount: Adjustments, including penalties: Approved Payment Amount: WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION EXHIBIT D EXHIBIT E INSURANCE PAYMENT AND PERFORMANCE BONDS WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION EXHIBIT E TMAIA _ Document A312 2010 Performance Bond Bond No. 800001922 CONTRACTOR: SURETY: (A'ame,legal status and address) (Name, legal status and principal place Lemcon USA, LLC of business) 2700 Story Road West,Suite 180 Atlantic Specialty Insurance Company This document has important legal Irving,TX 75038 601 Carlson Parkway consequences.Consultation with OWNER: Minnetonka, MN 55305 an attomey is encouraged with (Name,legal status and address) respect to its completion or modification. City of Fort Worth,Purchasing Division Any singular reference to 1000 Throckmorton Street Contractor,Surety,Owner or Fort Worth,Texas 76102 other party shall be considered CONSTRUCTION CONTRACT plural where applicable. Date: AIA Document A312-2010 combines two separate bonds,a Amount: One Hundred Nine Thousand Seven Hundred Thirty One and 15/100 dollars($109,731.15) Performance Bond and a Payment Bond,into one form. Description: This is not a single combined (Name and location) Weather Radar Tower Performance and Payment Bored. RFP No. 14-0157, Fort Worth, Texas BOND Date: February 6,2015 (Not earlier than Construction Conlracl Dale) Amount:One Hundred Nine Thousand Seven Hundred Thirty One and 15/100 dollars($109,731.15) Modifications to this Bond: ®None ❑See Section 16 CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Lemcon USA,LLC Atlantic Specialty insurance up.Lnsany Signature Signature: Name A•j o,t� r, rN&t-4L&w{ Name Elizabeth rga,Attor r"act and Title: and Title: (Any additional signatures appear on the Iasi page of this Pe►formance Bond) (FOR INFORMATION ONLY—Name, address and telephone) AGENT or BROKER: OWNER'S REPRESENTATIVE: Construction Risk Partners (Architect, Engineer o►•other party:) Campus View Plaza 1250 Route 28,Suite 201 Branchburg,NJ 08876 908-566-1010 (nit. AIA tbcumant A212——2(11(1.The American Inatkute of Architects. oe, ra 1 I S 1 The Contractor and Surety,jointly and severally,bind themselves,their heirs,executors,administrators,successors and assigns to the Owner for the performance of the Construction Contract,which is incorporated herein by reference. §2 If the Contractor performs the Construction Contract,the Surety and the Contractor shall have no obligation under this Bond,except when applicable to participate in a conference as provided in Section 3. §3 If there is no Owner Default under the Construction Contract,the Surety's obligation under this Bond shall arise after 1 the Owner first provides notice to the Contractor and the Surety that the Owner is considering declaring a Contractor Default.Such notice shall indicate whether the Owner is requesting a conference among the Owner,Contractor and Surety to discuss the Contractor's performance.If the Owner does not request a conference,the Surety may,within five(5)business days after receipt of the Owner's notice, request such a conference.If the Surety timely requests a conference,the Owner shall attend.Unless the Owner agrees otherwise,any conference requested under this Section 3.1 shall be held within ten (10)business days of the Surety's receipt of the Owner's notice.If the Owner,the Contractor and the Surety agree,the Contractor shall be allowed a reasonable time to perform the Construction Contract, but such an agreement shall not waive the Owner's right,if any,subsequently to declare a Contractor Default; .2 the Owner declares a Contractor Default,terminates the Construction Contract and notifies the Surety; and .3 the Owner has agreed to pay the Balance of the Contract Price in accordance with the terms of the Construction Contract to the Surety or to a contractor selected to perform the Construction Contract. §4 Failure on the part of the Owner to comply with the notice requirement in Section 3.1 shall not constitute a failure to comply with a condition precedent to the Surety's obligations,or release the Surety from its obligations,except to the extent the Surety demonstrates actual prejudice. §5 When the Owner has satisfied the conditions of Section 3,the Surety shall promptly and at the Surety's expense take one of the following actions: §5.1 Arrange for the Contractor,with the consent of the Owner,to perform and complete the Construction Contract; §5.2 Undertake to perform and complete the Construction Contract itself,through its agents or independent contractors; §5.3 Obtain bids or negotiated proposals from qualified contractors acceptable to the Owner for a contract for performance and completion of the Construction Contract,arrange for a contract to be prepared for execution by the Owner and a contractor selected with the Owner's concurrence,to be secured with performance and payment bonds executed by a qualified surety equivalent to the bonds issued on the Construction Contract,and pay to the Owner the amount of damages as described in Section 7 in excess of the Balance of the Contract Price incurred by the Owner as a result of the Contractor Default;or §5.4 Waive its right to perform and complete,arrange for completion,or obtain a new contractor and with reasonable promptness under the circumstances: .1 After investigation,determine the amount for which it may be liable to the Owner and,as soon as practicable after the amount is determined,make payment to the Owner;or .2 Deny liability in whole or in part and notify the Owner,citing the reasons for denial. §6 If the Surety does not proceed as provided in Section 5 with reasonable promptness,the Surety shall be deemed to be in default on this Bond seven days after receipt of an additional written notice from the Owner to the Surety demanding that the Surety perform its obligations under this Bond,and the Owner shall be entitled to enforce any remedy available to the Owner.If the Surety proceeds as provided in Section 5.4,and the Owner refuses the payment or the Surety has denied liability,in whole or in part,without further notice the Owner shall be entitled to enforce any remedy available to the Owner. Ink MA Document A31270—2010.The American Institute of Architech. Z I S 7 If the Surety elects to act under Section 5,1,5.2 or 3.3,then the responsibilities of the Surety to the Owner shall not be greater than those of the Contractor under the Construction Contract,and the responsibilities of the Owner to the Surety shall not be greater than those of the Owner under the Construction Contract.Subject to the commitment by the Owner to pay the Balance of the Contract Price,the Surety is obligated,without duplication,for .1 the responsibilities of the Contractor for correction of defective work and completion of the Construction Contract; .2 additional legal,design professional and delay costs resulting from the Contractor's Default,and resulting from the actions or failure to act of the Surety under Section 5;and .3 liquidated damages,or if no liquidated damages are specified in the Construction Contract,actual damages caused by delayed performance or non-performance of the Contractor. §8 If the Surety elects to act under Section 5.1,5.3 or 5.4,the Surety's liability is limited to the amount of this Bond. §9 The Surety shall not be liable to the Owner or others for obligations of the Contractor that are unrelated to the Construction Contract,and the Balance of the Contract Price shall not be reduced or set off on account of any such unrelated obligations.No fight of action shall accrue on this Bond to any person or entity other than the Owner or its heirs,executors,administrators,successors and assigns. §10 The Surety hereby waives notice of any change,including changes of time,to the Construction Contract or to related subcontracts,purchase orders and other obligations. §11 Any proceeding,legal or equitable,under this Bond may be instituted in any court of competent jurisdiction in the location in which the work or part of the work is located and shall be instituted within two years after a declaration of Contractor Default or within two years after the Contractor ceased working or within two years after the Surety refuses or fails to perform its obligations under this Bond,whichever occurs first.If the provisions of this Paragraph are void or prohibited by law,the minimum period of limitation available to sureties as a defense in the jurisdiction of the suit shall be applicable. §12 Notice to the Surety,the Owner or the Contractor shall be mailed or delivered to the address shown on the page on which their signature appears. §13 When this Bond has been furnished to comply with a statutory or other legal requirement in the location where the construction was to be performed,any provision in this Bond conflicting with said statutory or legal requirement shall be deemed deleted herefrom and provisions conforming to such statutory or other legal requirement shall be deemed incorporated herein.When so furnished,the intent is that this Bond shall be construed as a statutory bond and not as a common law bond. §14 Definitions §14.1 Balance of the Contract Price.The total amount payable by the Owner to the Contractor under the Construction Contract after all proper adjustments have been trade,including allowance to the Contractor of any amounts received or to be received by the Owner in settlement of insurance or other claims for damages to which the Contractor is entitled,reduced by all valid and proper payments made to or on behalf of the Contractor under the Construction Contract. §14.2 Construction Contract.The agreement between the Owner and Contractor identified on the cover page, including all Contract Documents and changes made to the agreement and the Contract Documents. §14.3 Contractor Default.Failure of the Contractor,which has not been remedied or waived,to perform or otherwise to comply with a material term of the Construction Contract. §14.4 Owner Default.Failure of the Owner,which has not been remedied or waived,to pay the Contractor as required under the Construction Contract or to perform and complete or comply with the other material terms of the Construction Contract. §14.5 Contract Documents.All the documents that comprise the agreement between the Owner and Contractor. §15 If this Bond is issued for an agreement between a Contractor and subcontractor,the term Contractor in this Bond shall be deemed to be Subcontractor and the term Owner shall be deemed to be Contractor. tnk AIA DoesmA A31!"—2010.The Amedan Ins*uie of Archlecb. g i f 16 Modifications to this bond are as follows: (Space is provided below for additional signatures of addedparlies,other than those appearing on the cover page.) CONTRACTOR AS PRINCIPAL SURETY Company: (Corporate Seal) Company: (Corporate Seal) Signature: 4dt asJ� o>,✓ Signature: Name and Ttt*e: ��Ls `-+ Name and Title: Address oyj"r� avfs�Si0"f�q Address CAUTION:You should sign an original AIA Contract Docuriient,on which this text appears in RED.An original assures that changes will not be obscured. hilt AIA Document A3121m—2010.The Mnericm Tn shute of Architects. 4 1 FBeacon Power of Attorney N C E G R O U P KNOW ALL MEN BY THESE PRESENTS,that ATLANTIC SPECIALTY INSURANCE COMPANY,a New York corporation with its principal office in Minnetonka, Minnesota,does hereby constitute and appoint: John J Sciortino,Peter H.Forenza,AnnMar]e Keane,Elizabeth Riga,Robert B.Pitts,Robert S.Rapp Jr.,William X. Linney,each individually if there be more than one named,its true and lawful Attorney-in-Fact,to make,execute,seal and deliver,for and on its behalf as surety,any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof;provided that no bond or undertaking executed under this authority shall exceed in amount the sum of.sixty million dollars(S60,000,000)and the execution of such bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof in pursuance of these presents,shall be as binding upon said Company as if they had been fully signed by an authorized officer of the Company and sealed with the Company seal. This Power of Attorney is made and executed by authority of the following resolutions adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the President,any Senior Vice President or Vice-President(each an"Authorized Officer"),may execute for and in behalf of the Company any and all bonds,recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof, and affix the seal of the Company thereto;and that the Authorized Officer may appoint and authorize an Attomey-in-Fact to execute on behalf of the Company any and all such instruments and to affix the Company seal thereto;and that the Authorized Officer may at any time remove any such Attorney-in-Fact and revoke all power and authority given to any such Attomey-in- Fact. Resolved: That the Attomey-in-Fact may be given full power and authority to execute for and in the name and on behalf of the Company any and all bonds, recognizances,contracts of indemnity,and all other writings obligatory in the nature thereof,and any such instrument executed by any such Attomey-in-Fact shall be as binding upon the Company as if signed and sealed by an Authorized Officer and,further,the Attomey-in-Fact is hereby authorized to verify any affidavit required to be attached to bonds, This power of attorney is signed and sealed by facsimile under the authority of the following Resolution adopted by the Board of Directors of ATLANTIC SPECIALTY INSURANCE COMPANY on the twenty-fifth day of September,2012: Resolved: That the signature of an Authorized Officer,the signature of the Secretary or the Assistant Secretary,and the Company seal may be affixed by facsimile to any power of attorney or to any certificate relating thereto appointing an Attomey-in-Fact for purposes only of executing and sealing any bond, undertaking,recognizance or other written obligation in the nature thereof,and any such signature and sea]where so used,being hereby adopted by the Company as the original signature of such officer and the original seal of the Company,to be valid and binding upon the Company with the same force and effect as though manually affixed. IN WITNESS WHEREOF,ATLANTIC SPECIALTY INSURANCE COMPANY has caused these presents to be signed by an Authorized Officer and the seal of the Company to be affixed this ninth day of October,2012. �r'�1Y INB` Ver.- q7 4r.'`p%P 0q t-e,.qty- 6-01 : SEAL "i' Pfll� ��I—s• 1986 o By STATE OF MINNESOTA yLj~Fw Y_00'e. +' Paul H.McDonough,Senior Vice President HENNIPEN COUNTY On this ninth day of October,2012,before me personally came Pau]H.McDonough,Senior Vice President of ATLANTIC SPECIALTY INSURANCE COMPANY,to me personally known to be the individual and officer described in and who executed the preceding instrument,and he acknowledged the execution of the same,and being by me duly sworn,that he is the said officer of the Company aforesaid,and that the seal affixed to the preceding instrument is the seal of said Company and that the said sea]and the signature as such officer was duly affixed and TARA JANELLE STAFFORD �^ NOTARY Mr,-MR MESOTA Myr Cammi3 W E*"JffL 81.2015 ' Notary Public I,the undersigned,Secretary of ATLANTIC SPECIALTY INSURANCE COMPANY,a New York Corporation,do hereby certify that the foregoing power of attomey is in full force and has not been revoked,and the resolutions set forth above are now in force. signed sealed and dated Februa_'y 6 2015 �ir'rHB� Q4i.GpNPOgtIE n SEAL in This Power of Attorney expires r. 1986 044 October 1,2017 � w Y007 Virginia Virginia McCarthy,Secretary One Beacon INSURANCE GROUP Atlantic Specialty Insurance Company Period Ended IV31=13 Dollars a1l:piaysd in lbowandr Admitted Assets Liabilities and surplus Investments: Liabilities Bonds 8 1,107,722 Loss Reserves 8 827,138 Pretarred Stocks 83,277 Loss Aqusirnat Expense Resorves 133" Common Stocks 418,244 Total Loss 4 LAE Rossrwe 382 IAcdMa Loans Real Estate 44,335 unearned Premium Reserve 445,089 Contract Loans - Total Reinsurance Liabilities 31,587 Derivatives - Cammbslons,OtherExpasa,and Taxes due 84,119 Cash,Cash Equhalents 6 Short Tam Investments 123,444 Derivatives Other kneetrnants 139,408 Payable to Parent,tubs or AfAliates 23,871 Total Cash i Investments 1,914,430 A8 Other Liabilities 72,188 Prornkm and considerations Due 225,937 Total Liabilities 1,893,007 Reinsurance Recoverable 25,108 Receivable from Parent,Subsidiay or Affiliates Capital and Surplus A8 Other Admitted Assets 98,318 Common Cpieei Stock 9,000 Proferred Capital Stock Total Admitted Assets 2,258,814 Surplus Notes U nasslprrod Surplus 125,814 OUsrkxkxkV Gross Contributed 830,993 Capital E surplus 888,807 Total Liabilities and CU 2,288,814 State of Massachusetts County of Norfolk ss I,Virginia McCarthy,Corporate Secretary of Atlantic Specialty Insurance Company do hereby certify that the foregoing statement is a correct exhibit of the assets and liabilities of the said OneBeacon Insurance Company,on the 31'`day of December,2013, according to the best of my information,knowledge and bell • Corp to Secretary Subscribed and sworn to,before me,a Notary Public of the State of Massachusetts on this 15*day of March 2014. Notary Public EPATRICIA M. VIGEANT mk'ON" f Notwy �AC..n,sE7ra MY Cission Expires 4, ei do,zo rs February 6,2015 DATE A�® CERTIFICATE OF LIABILITY INSURANCE 01/1 /201YYY) 01/16,12015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED,the policy(ies)must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 1-908-566-1010 CONTACT NAME: _ Construction Risk Partnere, LLC PHONE FAX No Exft (AIC. AIC No): Campus View Plaza AIL ADDRESS: 1250 Route 28, Suite 201 Branchburg, NJ 08876 INSURERS AFFORDING COVERAGE NAIC# INSURERA: ZURICH AMERICAN INS CO 16535 INSURED INSURER B: NATIONAL UNION FIRE INS CO OF PITTS 19445 Lemcon USA Corporation INSURERC: LANDMARK AMER INS CO 33138 2700 Story Road West INSURERD: Suite 180 INSURERS: Irving , TX 75038 INSURER F COVERAGES CERTIFICATE NUMBER: 42792437 REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR TYPE OF INSURANCE ADDL SUBR POLICY EFF POLICY POLICY NUMBER MM/DDfYYYY MM/DD EXP LIMBS LTR WVD A GENERAL LIABILITY X X GL03867034-08 12/19/1 12/19/15 EACH OCCURRENCE $2.000,000 DAMAGE TO X COMMERCIAL GENERAL LIABILITY PREMISES EaEoccurrence) $300,000 CLAIMS-MADE FE OCCUR MED EXP(Any one person) $10,000 PERSONAL&ADV INJURY $2.000,000 GENERAL AGGREGATE $4,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: [PRODUCTS-COMP/OPAGG $4,000,000 POLICY X PRO-JECT F-] LOC $ A AUTOMOBILE LIABILITY X X BAP3867035-08 12/19/1 12/19/15 COMBINED SINGLE LIMIT Ea accident) X ANY AUTO BODILY INJURY(Per person) $ X ALL OWNED SCHEDULED BODILY INJURY(Per accident) $ AUTOS AUTOS X HIRED AUTOS X NON-OWNED PROPERTY DAMAGE $ AUTOS Per accident S B X UMBRELLA 1-1.4,13 X OCCUR X X BE 023811953 12/19/1 12/19/15 EACH OCCURRENCE $ 10,000,000 EXCESS LIAB CLAIMS-MADE AGGREGATE $ 10,000,000 DED I X RETENTION$10,000 1 1 1 $ A WORKERS COMPENSATION X WC3867033-08 12/19/1 12/19/15 X WCSTIMIT ER AND EMPLOYERS'LiABILnY ANY PROPRIETORIPARTNER/EXECUTIVE X—N E.L.EACH ACCIDENT $ 1,000,000 OFFICERIMEMBER EXCLUDED? N/A (Mandatory in NH) E.L.DISEASE-EA EMPLOYEO$ 1,000,000 K es,describe under 1,000,000 DESCRIPTION OF OPERATIONS below E.L.DISEASE-POLICY LIMIT $ C Equipment LHT Lease Rented 250,000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(Attach ACORD 701,Additional Remarks Schedule,if mora space Is required) Re: Weather Radar Tourer (RFP # 14-0157) City of Fort Worth is an additional insured as required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE City of Fort Worth THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN Purchasing Division ACCORDANCE WITH THE POLICY PROVISIONS. 1000 Throckmorton St. AUTHORIZED REPRESENTATIVE Fort Worth, TX 76102 Vuy USA ©1988-2010 ACORD CORPORATION. All rights reserved. ACORD 25(2010105) The ACORD name and logo are registered marks of ACORD Sklein 42792437 EXHIBIT F MINORITY BUSINESS ENTERPRISE WEATHER RADAR TOWER-CITY OF FORT WORTH/LEMCON USA CORPORATION EXHIBIT F CITY OF FORT WORTH CONTRACT COMPLIANCE MEMORANDUM THIS FORM MUST BE ATTACHED TO THE ROUTING "M& C"BEFORE LEGAL AND CITY MANAGER APPROVAL. To: Camillia Ryan (underline appropriate one) roject Manager Buyer Department Director From: Patty J. Wilson 212-2678 M/WBE Office Staff Extension Date: January 5, 2015 In the Amount of$ 109,731.50 14-0157 DOE/Proiect/Bid Nos . Project/Bid: Construction for a New Weather Radar Tower 1. Compliance with the City's Business Diversity Enterprise(BDE)Ordinance has been achieved by one of the following MBE methods: a) Lemcon USA Corporation is in compliance with the City's BDE Ordinance by committing to 46% MBE participation on this project. The City's MBE goal on this project is 10%. b) is in compliance with the City's BDE Ordinance by committing to _% MBE participation and documenting good faith effort. identified several subcontracting and supplier opportunities. However, the MBE's contacted in the areas identified did not submit the lowest bids. The City's MBE goal on this project is^%, C) is in compliance with the City's BDE Ordinance by documenting good faith effort. The City's MBE goal on this project is %. d) is in compliance with the City's BDE Ordinance by documenting good faith effort. The City's MBE goal on this project is %by submission of the prime contractor waiver form. The City's MBE goal on this project is %. 2. The apparent low dollar bidder(s)did not comply with the City's Business Diversity Ordinance because: Rev. 12/21/12 M&C Review Page 1 of 2 Official site of the City of Fort Worth,Texas CITY COUNCIL AGENDA FORT_ VORTi1 COUNCIL ACTION: Approved on 3/17/2015 REFERENCE 13P14-0157 WEATHER DATE: 3/17/2015 NO.: C-27224 LOG NAME: RADAR TOWER CBR CODE: C TYPE: CONSENT PUBLIC NO NO SUBJECT: Authorize Execution of a Contract with Lemcon USA Corporation in the Amount of $126,191.00 to Install a Weather Radar Tower for the Fire Department, Office of Emergency Management(COUNCIL DISTRICT 7) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Lemcon USA Corporation in the amount of$126,191.00 to install a weather radar tower for the Fire Department, Office of Emergency Management. DISCUSSION: The Fire Department, Office of Emergency Management(OEM), will serve as a site for the Dallas- Fort Worth (DFW) Urban Demonstration network. The weather radar tower is part of a $40 million, 10-year project funded by the National Science Foundation and coordinated by the North Central Texas Council of Governments (NCTCOG). The project was developed by the Engineering Research Center for Collaborative Adaptive Sending of the Atmosphere(CASA) and is made up of a consortium of nine universities, government agencies and industry partners, since 2003. This partnership's goal is to increase the warning time and forecast accuracy for tornadoes, hurricanes, flash floods and other hazards. CASA has engineered a new technology that allows these radars to detect the region of the lower atmosphere which will aid in mapping storms, winds, rain, temperature, humidity and the flow of airborne hazards. This weather radar tower project consists of retrieving, transporting and installing a weather radar currently located at the Fire Department warehouse; dismantling, transporting and reconstructing a pre-existing 53-foot tower and utility shelter building currently located in Cyril, Oklahoma; installing a heating, ventilation and air conditioning (HVAC) unit and associated wiring, electrical and ducting; installing a new foundation for the tower, HVAC unit and shed; and installing conduit for power and internet connectivity at the project site located at 5801 Boat Club Road, Fort Worth, Texas. RFP ADVERTISEMENT- A Request for Proposals was advertised in the Fort Worth Star-Telegram every Wednesday from May 14, 2014 through June 18, 2014. Fifteen vendors from the purchasing vendor database were invited to submit proposals; four responses were received. The responding firms were: Deep South Communications, LLC Lemcon USA Corporation Sabre Industries SCM Construction Services, LLC An evaluation committee comprised of employees from the OEM, IT Solutions, Transportation and Public Works, the M/WBE Office and a representative with the NCTCOG evaluated each responder's proposal on the predetermined matrix combination of qualitative and quantitative measures. The evaluation criteria were qualifications and experience, total project cost, project plan and schedule and MBE participation. The two highest ranked firms were invited to give presentations and participate in the interview process. http://apps.cfwnet.org/council_packet/mc review.asp?ID=20144&councildate=3/17/2015 3/20/2015 NJ&C Review Page 2 of 2 Based on points received, Lemcon USA was ranked the highest. Staff agrees the recommended vendor meets specifications and the price is fair and reasonable. Funds were previously appropriated in various M&Cs by City Council for the Emergency Operations Center in the amount of$3,389,300.00. Upon completion of this project there is a remaining balance of$144,553.79 which Staff recommends utilizing for the Weather Radar Tower project The project budget of$126,191.00 includes a contingency of$16,459.50. Contractor payments shall be based on completed milestones accepted and approved by the City. PRICING ANALYSIS-The City has no expense history for disassembling a pre-existing tower, transporting and re-erecting. M/WBE OFFICE- Lemcon USA is in compliance with the City's DBE Ordinance by committing to 46 percent MBE participation on this project. The City's MBE goal on this project is 10 percent. This project is located in COUNCIL DISTRICT 7 and serves ALL COUNCIL DISTRICTS. FISCAL INFORMATION/CE=RTIFICATION: The Financial Management Services Director certifies that funds are available in the current capital budget, as appropriated, of the Specially Funded Capital Projects Fund. There is currently $144,553.79 appropriated for this project. Upon execution of this contract, remaining funds will be $18,362.79. TO Fund/Account/Centers FROM Fund/Account/Centers 0291 539120 361120255480 $126,191.00 Submitted for City Manager's Office b)L Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Jack Dale(8357) Camillia Ryan (8321) ATTACHMENTS httt)://apps.cfwnet.org/council_packet/mc review.asp?ID=20144&councildate=3/17/2015 3/20/2015