Page 48 provided under Article XX. 22.2.1 Contents of Time Extension Requests - Each Time Extension Request shall be accompanied by a quantitative demonstration of the impact of the delay on project completion time, based on the current Project Schedule. Time Extension Requests shall include a reasonably detailed narrative setting forth (1) the nature of the delay and its cause, (2) the basis of the Design - Builder's claim of entitlement to a time extension, (3) documentation of the actual impacts of the claimed delay, and any concurrent delays, (4) description and documentation of steps taken by the Design - Builder to mitigate the effect of the claimed delay, including, when appropriate, the modification of the Project Schedule, and (5) such other information that the Design - Builder considers necessary to justify its claim for an extension of time. No time extensions shall be granted for delays that do not affect the Project completion time. 22.2.2 PEDC’s Response. PEDC shall respond to the Time Extension Request by providing to the Design - Builder written notice of the number of days granted, and giving its reason if this number differs from the number of days requested by the Design - Builder. Such an Extension of Time is effective on the date PEDC’s notice is received by the Design - Builder, but a Change Order reflecting the Extension of Time shall be executed by the parties in accordance with Article XX. PEDC will respond to each properly submitted Time Extension Request within fifteen (15) calendar days following its submittal; if PEDC cannot reasonably make a determination about the Design - Builder's entitlement to a time extension within that time, PEDC shall so notify the Design - Builder in writing. 22.3 Suspension of Work for Cause - PEDC may, at any time without prior notice, suspend all or any part of the Work, if, in PEDC’s reasonable opinion, it is considered reasonably necessary to do so to prevent or correct, any condition of the Work, which constitutes an immediate safety hazard, or which may reasonably be expected to impair the integrity, usefulness or longevity of the Work when completed; provided that PEDC has first given Design - Builder written notice of any such determination and afforded Design - Builder at least thirty (30) days to cure or correct such condition; provide, further, that if such condition cannot reasonably be cured within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period of time so long as Design - Builder has within such thirty (30) day period commenced curing the same and thereafter diligently pursues curing the condition. PEDC shall give the Design - Builder a written notice of suspension for cause, setting forth the reason for the suspension and identifying the Work to be suspended. Upon receipt of such notice, the Design - Builder shall immediately stop the Work so identified. As soon as practicable following the issuance of such a notice, PEDC shall initiate and complete an investigation of the circumstances giving rise to the suspension, and shall issue a written determination of their cause. The Design - Builder will not be entitled to an extension of time or compensation for delay resulting from a suspension if the cause was within the control of the Design - Builder. If the cause is determined not to have been within the control of the Design - Builder, and the suspension prevents the Design - Builder from completing the
Page 49 Work within the Construction Time, the Design - Builder shall be entitled to a Change Order increasing the Contract Sum and/or extending the Construction Time caused by any such suspension of Work. Suspensions of work under this provision shall be no longer than is reasonably necessary to identify and remedy the conditions giving rise to the suspension. Article XXIII - Termination and Suspension of the Design - Build Agreement Prior to Completion 23.1 Termination by PEDC for Cause - PEDC may, without prejudice to any right or remedy terminate the employment of the Design - Builder and take possession of the Design Documents and of all materials, equipment, tools, construction equipment and machinery thereon owned by the Design - Builder, under the following circumstances: a. If at the end of the Design Development/Cost Estimate phase, the Design - Builder and PEDC fail to agree on the total cost of the Project, the PEDC may pay for design work to date and take possession of the documents with full rights to utilize them for future building purposes. b. Persistent or repeated failure or refusal, except during complete or partial suspensions of work authorized under the Contract Documents, to supply enough properly skilled workmen or proper materials; c. Persistent disregard of laws, ordinances, rules, regulations or orders of any public authority having jurisdiction; d. Persistent failure to prosecute the Work in accordance with the Design - Build Agreement, and to insure its completion within the time, or any extension thereof, specified in this Design - Build Agreement; Failure to remedy defective work condemned by the DR pursuant to Article XII; e. Failure to pay subcontractors, laborers, material men and suppliers pursuant to Texas Government Code Chapter 2251; f. Persistent endangerment, by the Design - Builder or its Subcontractors or other vendors, of the safety of labor or of the Work itself; g. Failure to supply or maintain statutory bonds, pursuant to Article IV, or the supply or maintain required insurance, pursuant to Articles V and VI; or h. Any other material breach of the Design - Build Agreement. PEDC reserves the right to terminate at any time for any of the above listed causes. Failure to exercise the right to terminate in any instance or for any proper reason shall not be construed as waiver of the right to do so in any other instance or for any other proper reason. 23.1.1 The DR shall give the Design - Builder and its Surety thirty (30) days' prior
Page 50 written notice of its intent to terminate for any of the above reasons. If the Design - Builder or the Surety demonstrates, to the reasonable satisfaction of PEDC, that the condition or conditions upon which the notice of termination is based have been removed, corrected, or will not recur, within thirty (30) days after receipt of PEDC’s notice, provided that if any such default cannot reasonably be cured within such thirty (30) day period, such thirty (30) day period shall be extended for a reasonable period of time; provided, further, that Design - Builder has within such thirty (30) day period commenced to cure such default and thereafter diligently pursues curing the same, then PEDC may rescind the notice and the Design - Build Agreement shall continue unmodified, and the Design - Builder shall not be entitled an extension of time. 23.1.2 Should the Design - Builder or the surety fail to so demonstrate within thirty days following receipt of such notice (or such longer period as may be reasonably necessary, so long as Design - Builder or its surety is diligently pursuing such cure), or fail to reasonably satisfy PEDC that the condition or conditions upon which the notice of termination is based have been removed, corrected, or will not recur, PEDC may arrange for completion of the Work and deduct the cost thereof from the unpaid Contract Sum remaining, including the cost of additional Architect/Engineer services made necessary by such default or neglect, in which event no further payment shall then be made by PEDC until all costs of completing the Work shall have been paid. If the unpaid balance of the Contract Sum exceeds the costs of finishing the Work, including compensation for the Architect/Engineer's additional services made necessary thereby, such excess shall be paid to the Design - Builder. If such costs exceed the unpaid balance, the Design - Builder or his surety shall pay the difference to PEDC. This obligation for payment shall survive the termination of the Design - Build Agreement. In addition to any rights PEDC may have against any surety, PEDC reserves the right, where the Design - Build Agreement is terminated for cause, to take assignment of any and all contracts between the Design - Builder and the Architect/Engineer and between the Design - Builder and its Subcontractors, vendors and suppliers, and PEDC shall promptly notify the Design - Builder of the contracts PEDC elects to assume, provided that upon assumption of such contracts by PEDC, PEDC shall be responsible for any and all further loss, liability, damage or expense arising under any such contracts assumed by PEDC . Upon receipt of such notice, the Design - Builder shall promptly take all steps necessary to effect such assignment. 23.2 Termination by Design - Builder - If the Work is stopped for a period of sixty (60) days under an order of any court or other public authority having jurisdiction, or as a result of an act of government, such as a declaration of a national emergency making materials unavailable, through no act or fault of the Design - Builder or a contractor, subcontractor or their agents or employees or any other persons performing any of the Work under a contract with the Design - Builder, then the Design - Builder may, upon thirty (30) additional days' written notice to the DR, terminate the Design - Build Agreement and recover from PEDC payment for all Work executed and for any provable loss and reasonable expenses attributable to
Page 51 the Work resulting from such termination. If the cause of the Work stoppage is removed prior to the end of the thirty (30) day notice period, the Design - Builder may not terminate the Design - Build Agreement. 23.3 Settlement on Termination - When the Design - Build Agreement is terminated for any reason, the Design - Builder shall, at any time prior to ninety (90) calendar days of the effective date of termination, submit a final termination settlement proposal to PEDC based upon recoverable costs as provided herein. If the Design - Builder fails to submit the proposal within the time allowed, PEDC may determine the amount due to the Design - Builder because of the termination and shall pay the determined amount to the Design - Builder. All settlements on termination shall be administered as a Change Order. Article XXIV - Miscellaneous 24.1 Written Notice - Written notice shall be considered to have been duly given if the document is delivered in person to the individual or member of the firm or to an officer of the corporation for whom it is intended, if delivered at or sent by registered or certified mail to the last business address known to one who gives the notice, or transmitted by fax machine, with a receipt retained to prove delivery. Notice is deemed effective upon the date shown on a receipt recognized in the due course of the stated methods of delivery. 24.2 Computation of Time - In computing any time period set forth in this Design - Build Agreement, the first day of the period shall not be included, but the last day shall be. 24.3 Survival of Obligations - All representations, indemnifications, warranties and guarantees made in accordance with the Design - Build Agreement Documents will survive final payment, completion and acceptance of the Work, as well as termination for any reason. All duties imposed upon the Design - Builder by reason of termination, including without limitation the duty to assign contracts with contractors, subcontractors, vendors and suppliers, shall likewise survive the termination of the Design - Build Agreement. 24.4 No Waiver of Performance - The failure of either party in any instance to insist on the performance of any of the terms, covenants or conditions of the Design - Build Agreement Documents, or to exercise any of the rights granted there under, shall not be construed as waiver of any such term, covenant, condition or right with respect to further performance. 24.5 Governing Law - This Design - Build Agreement shall be governed by the law of the State of Texas. 24.6 Venue - Venue for any cause of action by either party shall be in a court of competent jurisdiction in Harris County, Texas. 24.7 Captions - The captions used throughout the Design - Build Agreement are for ease of reference only and have no effect on the meaning of the terms and
Page 52 conditions set forth herein. 24.8 Independent Design - Builder Status - The Design - Build Agreement Documents create an independent Design - Builder relationship between PEDC and Design - Builder and neither party's employees or Design - Builders shall be considered employees, Design - Builders, partners or agents of the other party. 24.9 No Third Party Beneficiaries - The parties do not intend, nor shall any clause be interpreted to create in any third party, any obligations to, or right of benefit by, such third party under these Design - Build Agreement Documents from either PEDC or Design - Builder. 24. 10 Entire Agreement - These Design - Build Agreement Documents are intended to complement the Request for Qualifications (RFQ) dated 9/22/2004 from MCC and Request for Proposal (RFP) dated 7/27/2005 from MCC. In case of conflict the Design - Build Agreement supersedes, in full, all prior discussions and agreements (oral and written) between the parties relating to the subject matter hereof and constitutes the entire agreement. 24.11 Assignment - This Design - Build Agreement may not be assigned by either party without the prior written consent of the other, except either party may, upon notice to the other party but without the other party's consent, assign this Design - Build Agreement to a present or future affiliate or successor, provided that any such assignment by the Design - Builder shall be contingent on MCC's Absolute Guaranty of performance. 24.12. Severability - If any provision, sentence, clause or article of this Design - Build Agreement is found to be invalid or unenforceable for any reason, the remaining provisions shall continue in effect as if the invalid or unenforceable provision were not in the Design - Build Agreement. All provisions, sentences, clauses and articles of this Design - Build Agreement are severable for this purpose. 24.13 Parties Bound - Execution of this Design - Build Agreement by each party binds the entity represented as well as its employees, agents, successors and assigns to its faithful performance. 24.14 Sovereign Immunity – PEDC does not waive governmental immunity from suit or liability except to the extent that the Texas Tort Claims Act (Civil Practice and Remedies Code Chapter 101) or except as otherwise provided by other applicable constitutional, statutory or case law, including Chapters 501 to 505 of the Texas Local Government Code, as amended. Article XXV — Indemnification 25.1 INDEMNIFICATION OF THE PEDC. INDEMNITY CLAUSE
Page 53 THE DESIGN - BUILDER SHALL DEFEND, INDEMNIFY AND SAVE HARMLESS THE PEDC AND ITS OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, LIABILITIES, PENALTIES, DAMAGES, EXPENSES AND JUDGMENTS OF ANY NATURE AND HOWEVER CAUSED, ARISING OUT OF OR RELATING TO THE DESIGN - BUILDER AND ITS AGENTS, SERVANTS OR EMPLOYEES AND ALL WORK PERFORMED BY DESIGN - BUILDER UNDER THIS CONTRACT, INCLUDING THOSE CLAIMS, DEMANDS, PENALTIES, DAMAGES, EXPENSES AND JUDGMENTS WHICH INVOLVE OR MAY INVOLVE THE ACTUAL OR ALLEGED JOINT NEGLIGENCE OF: (i) THE DESIGN - BUILDER OR ANY OF ITS EMPLOYEES, AGENTS, SERVANTS OR EMPLOYEES; AND (ii) THE PEDC, ITS OFFICERS, AGENTS OR EMPLOYEES. IT IS THE EXPRESSED INTENTION OF BOTH THE PEDC AND THE DESIGN - BUILDER THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION IS INDEMNITY BY THE DESIGN - BUILDER TO INDEMNIFY AND PROTECT THE PEDC FROM THE CONSEQUENCES OF THE NEGLIGENCE OF THE PEDC, ITS OFFICERS, AGENTS OR EMPLOYEES WHERE SUCH NEGLIGENCE IS A CONCURRING CAUSE OF INJURY, LOSS, DEATH OR DAMAGE. FURTHERMORE, IT IS THE EXPRESSED INTENTION OF BOTH THE PEDC AND THE DESIGN - BUILDER THAT THE INDEMNITY PROVIDED FOR IN THIS SECTION SHALL HAVE NO APPLICATION TO ANY CLAIMS, LOSS, DAMAGE, CAUSE OF ACTION, SUIT OR LIABILITY WHERE THE INJURY, DEATH OR DAMAGE RESULTS FROM THE NEGLIGENCE OF THE PEDC UNMIXED WITH THE FAULT OF THE DESIGN - BUILDER OR ANY OF ITS EMPLOYEES. FOR PURPOSES OF THIS INDEMNIFICATION PROVISION, ACTS AND/OR OMISSION OF THE DESIGN - BUILDER’S OFFICERS, AGENTS, SERVANTS, AND EMPLOYEES SHALL BE CONSIDERED THE ACTS AND OMISSIONS OF THE DESIGN - BUILDER. 25.1.1 The provisions of this Indemnification are solely for the benefit of the parties hereto and PEDC’s successor or assignee, if any, and not intended to create or grant any rights, contractual or otherwise, to any other person or entity. 25.1.2 The Design - Builder shall promptly advise PEDC in writing of any claim or demand against PEDC or Design - Builder known to the Design - Builder which is related to or arising out of the Design - Builder’s activities under this Design - Build Agreement.
Page 54 IN WITNESS WHEREOF, the parties have hereunto affixed their signatures effective as of the date first written above. Way-tech, Inc. Pasadena Economic Development Corp. 6124 Westview, 1149 Ellsworth Dr. Houston, TX 77055 Pasadena, TX 77506 BY: BY: Signature Signature Executive Director Title Title Rick Guerrero Printed Name Printed Name APPROVAL RECOMMENDED: Signature PEDC Board President Title Richard Lord Printed Name Date
Page 55 EXHIBIT A Legal Description of Site
Page 56 EXHIBIT B Accepted Plans and Specifications
Fairmont ParkwayPasadena Fairgrounds New Parking New Parking New Parking New Parking Existing Parking Existing Parking Existing Parking Arena Addition Existing New Parking Driveway (widened)
Arena/Convention Floor Support Support Existing Convention Floor / Meeting Rooms and Banquet Halls Lobby Lobby Lobby Full Seating Floor Plan
Arena/Convention Floor Support Support Existing Convention Floor / Meeting Rooms and Banquet Halls Lobby Lobby Lobby Ground Floor Plan
Electrical Work Main Service Electrical service to be provided by an estimated 2500kVA utility pad mounted transformer located at accessible location for utility to drive up per Centerpoint Standards protected with bollards as applicable. Include concrete ductbank with (2) 6”Conduits from utility service pole to transformer pad. Provide (11) sets of 3 ½” conduit each with 4#500kcmil from secondary of pad mounted transformer to 4000 amp switchboard. Main Electrical Room Ground Floor 4000 amp main 3 section switchboard with 4000 Amp main GFI protected breaker in ground level main electrical room. Electrical room to have door to exterior for utility access. (4) 150A/3P breakers for elevator controllers. (assuming 50HP motors) 100A/3P Breaker for 100A/3P 480/277V 42 ckt panel for Lobby & General Area Lighting on main electrical room side of building. (approximately 16-20A/1P lighting circuits) 100A/3P Breaker for 100A/3P 480/277V 42 ckt panel for Lobby & General Area Lighting on main electrical room opposite side of building. (approximately 16-20A/1P lighting circuits) 225A/3P breaker for 225A/3P 480/277V 42 ckt panel for Arena lighting (approximately 12- 20A/2P lighting circuits) 225A/3P breaker for 225A/3P Life Safety Generator Transfer Switch. 225A/3P 480/277V 42 circuit Life Safety Panelboard 800A/3P breaker for 800A/3P 480/277V 42 circuit panel for HVAC on half of building 800A/3P breaker for 800A/3P 480/277V 42 circuit panel for HVAC on other half of building 800A/3P breaker for 800A/3P 480/277V 42 ckt panel for general power 175A/3P breaker for 112.5KVA 480-208/120V transformer to 400A 208/120V 84 circuit panelboard. 175A/3P breaker for 112.5KVA 480-208/120V transformer to 400A 208/120V 84 circuit panelboard on second floor
Electrical Room Ground Floor (opposite side of main electrical room) 60A/3P 480/277V 24ckt life safety panelboard 100A/3P 480/277V 42 ckt panel for Lobby & General Area lighting (approximately 10-20A/1P lighting circuits) 200A/3P 480/277V 42 ckt power panel for Lobby & General Areas 125A/3P breaker for 75kVA 480-208/120V transformer to 225A 208/120V 84 Circuit Panelboard. Electrical Room Second Floor 60A/3P 480/277V 24ckt life safety panelboard 100A/3P 480/277V 42 ckt panel for Lobby & General Area lighting (approximately 10-20A/1P lighting circuits) 200A/3P 480/277V 42 ckt power panel for Lobby & General Areas 112.5KVA 480-208/120V transformer to 400A 208/120V 84 circuit panelboard 800A/3P 480/277V 42 circuit panel for HVAC on half of building (13) 60A/3P breakers to serve (13) 20 Ton RTU’s Electrical Room Second Floor (opposite side) 800A/3P 480/277V 42 circuit panel for HVAC on half of building (13) 60A/3P breakers to serve (13) 20 Ton RTU’s 200A 208/120V 84 circuit panelboard (served from 400A panel in other second floor electrical room) Generator 125kW 480/277V 3ph, 4W natural gas generator with weatherproof enclosure for life safety loads only
General requirements: All wiring shall be copper. Square D/GE/Eaton or approved Equal. Provide white duplex 20A 120V receptacles with stainless cover plates Lighting: Arena: Qty 60-70 40K Lumen "Event Fixtures" Qty 30-40 40K Lumen Work/House Lights Qty. 60-70 Double Catwalk Brackets and Mounting Hardware Qty 60-70 Yoke Mount Kit with Cord set Qty 2 Master Core Router Assembly- Controls UPS for lights (Not emergency) ETC Type User Interface Startup/Commissioning Qty 12-20 ETC/Varilite type theatrical Aisle Lights DMX type hookup Lobby Areas: Suspended LED High Bay lighting fixtures Recessed LED lighting fixtures with 4000 lumens, satin white acrylic lens will be used in areas with grid ceilings LED type exit signs will be provided with battery backup Recessed lighting fixtures will be provided in soffit at building entrances. Emergency lighting shall be provided along egress path and code required areas to achieve a minimum 1fc and will include exit signs with battery back-up per code. Emergency power source shall be via life safety generator Exterior egress fixture installed at all building exits. Wallpackswillbe installed around the perimeterofthebuilding for generalsecurity lighting. Pole lighting. Pole mounted Led fixtures will be provided for general site lighting in parking lot. Lightning protection system shall be provided.
A building and equipment grounding system will be provided and will interconnect with building structural steel.
PASADENA CONVENTION CENTER PRELIMINARY DESIGN NARRATIVE This document has been prepared to accommodate and aid in preliminary budgetary pricing for Mechanical & Plumbing preliminary designs for the facility in question. Section - Plumbing Gang restrooms, Mens and Women’s – West side: Men’s and Women’s gang restrooms will consist of 44 flush valve, wall mounted/hung type water closets total. The Men’s restroom will have 7 flush valve, wall hung, urinals total. In addition, 22 lavatories and 15 showers in all serve this side of the building. water closets: 176 DFU’s, urinals: 14 DFU’s, lavatories: 22 DFU’s & showers: 30 DFU’s per code. Therefore the total Drainage Fixture Units connected to the sanitary sewer main pipe serving the West side of the Arena will be 245 DFU’s total. The sanitary sewer pipe under slab serving the West side will be anticipated to be sized at 6”. Floor cleanouts will be provided at 100 foot intervals maximum per code. Water closets: 220 WSFU’s, urinals: 28 WSFU’s, lavatories: 22 WSFU’s & showers: 30 WSFU’s per code. Therefore the Water Supply Fixture Units connected to the water supply main pipe serving the West side of the Arena will be 300 WSFU’s total. The water supply main will be routed above the suspended ceilings and is anticipated to be sized at 3”. Cold Water Branch piping serving each gang restroom will be provided with isolation valves. Gang restrooms, Mens and Women’s – East side: Men’s and Women’s gang restrooms will consist of 36 flush valve, wall mounted/hung type water closets total. The Men’s restroom will have 7 flush valve, wall hung, urinals total. In addition, 15 lavatories serve this side of the building. Water closets: 144 DFU’s, urinals: 14 DFU’s, lavatories: 15 DFU’s per code. Therefore the total Drainage Fixture Units connected to the sanitary sewer main pipe serving the West side of the Arena will be 175 DFU’s total. The sanitary sewer pipe under slab serving the West side will be anticipated to be sized at 6”. Floor cleanouts will be provided at 100 foot intervals maximum per code. Water closets: 180 WSFU’s, urinals: 28 WSFU’s, lavatories: 15 WSFU’s. Therefore the Water Supply Fixture Units connected to the water supply main pipe serving the East side of the Arena will be 225 WSFU’s total. The water supply main will be routed above the suspended ceilings and is anticipated to be sized at 3”. Cold Water Branch piping serving each gang restroom will be provided with isolation valves.
PASADENA CONVENTION CENTER Sanitary Sewer Service to the building: A 6” sanitary sewer line will serve the plumbing fixtures on the West side of the building .and another 6” sanitary sewer will serve the plumbing fixtures on the East side of the building. These two lines will combine into a 6” main that exists the building. The sanitary sewer piping will be sloped at 1/8” per foot minimum, at that slope a 6” sanitary pipe will be able to accommodate a total of 576 DFU’s. The total combined Sewer service load from the West and the East sides of the building will be approximately 420 DFU’s. Domestic Water Service to the building: A 3” domestic water service cold water line will serve plumbing fixtures on the West side of the building .and another 3” sanitary sewer will serve the plumbing fixtures on the East side of the building. These two lines will combine into a 4” main that exists the building and connects to the main under the street. A water meter and a backflow preventer is anticipated to be provided by Civil. 1. Piping materials: a. Sanitary waste piping: Service weight cast iron with bell and spigot joints. b. Sanitary vent piping below grade: Service weight cast iron with bell and spigot joints. c. Sanitary vent piping above grade: Service weight cast iron with heavy duty no-hub couplings. d. Domestic water piping above grade: Type L Copper with press or soldered copper fittings. e. Domestic water piping below grade: Type K Copper with brazed joints or ductile iron pipe. f. Fire sprinkler piping: Schedule 40 black steel with screwed and welded fittings. Section – Mechanical Total HVAC cooling load is anticipated at approximately 475 tons which includes outside air load for 7500 occupants. Heating load is anticipated at 2480 MBH. Cooling will be accomplished via roof mounted units, spread across the arena in a grid. Each units will provide approximately 20 tons of cooling (DX Cooling and Natural Gas Heating). Roof Top Units (RTU’s) shall be located on the roof of the arena. The units shall be installed on roof curbs with supply air and return air ducts routed down into conditioned space through the roof curb. Conditioned air shall be distributed via long throw drum diffusers installed on a square plenum connected to the
PASADENA CONVENTION CENTER supply air duct coming down from the unit. This type of a design will minimize ductwork with in the arena and offer good air circulation throughout. The Arena will be sub divided into multiple zones which will then be served by each one of the RTU’s, this will ensure even temperatures throughout the space. A short piece of return air duct shall be utilized to return air back to the RTU. The return air duct shall have grilles on the side. Some of the other RTU’s will be ducted down to serve the West side and East side gang restrooms and associated spaces such as corridors, entry lobby, offices and storage rooms. Ducted exhaust fans will be provided for the Gang restrooms and shower areas also as required by code. 1. Mechanical systems shall comply with the following specifications: a. Provide all labor and materials for complete mechanical systems. Systems must comply with IECC. b. Duct Insulation - External: All ductwork shall be insulated and vapor sealed with R-8. External insulation shall comply with IECC, and be a minimum of 2" thick, with a vapor barrier applied over joints. Insulate outer cores of diffuses (externally). Insulation shall be applied per manufacture's recommendations. c. Pipe Insulation: i. Insulate condensate drain pipe with Armaflex. ii. Exposed insulation outside shall have a waterproof paint applied according to manufacturer recommendations. Insulation to be K-27 meeting R-8 insulation value. d. Ductwork: All ductwork materials shall be galvanized steel. Gauges, bracing, and supports shall be per SMACNA Manual. Support ducts a maximum of 6 feet on centers with 1" x 26 gauge hangers. Secure supports with a sheetmetal screw on bottom, and 12" centers on sides. Flexible ducts shall be pre insulated type, and a maximum of 8 feet long. e. Electrical: Contractors shall coordinate electrical characteristics with Electrical Contractor. Before ordering any equipment, submit a list of maximum overload circuits for all equipment to the Electrical Contractor and Engineer. This Contractor shall furnish all control instruments and wiring diagrams showing terminal identification numbers. f. Filters: Provide 2" filters by American Air Filters Co. Use pleated, disposable type, and install in all air handling units. g. Roof top A/C Unit (RTU): a. 1. Combination Gas heating, electric cooling unit make for mounting exposed to weather. Units shall have economizers with fault detection diagnostics and must comply with IECC.
PASADENA CONVENTION CENTER b. Units shall be designed to operate at ambient temperatures of 105 degrees F and down to 0 F, ARI rated, and approved. Casing shall be leak proof, galvanized steel, acrylic epoxy finish or bonded and coated with baked enamel. Mount units on factory roof curbs, with all duct and electrical connections inside the curb. Provide hinged access panels. Insulate interior of casing with 1/2" thick matt faced glass fiber with foil faced insulation. Outside air intakes shall have motorized dampers. 3-5 ton units shall have minimum 2 stages of cooling with 1 compressor, 6-25 ton units shall have minimum 3 stages of cooling with 2 compressors and above 25 tons shall have minimum 5 stages of cooling with 3 compressors. Mount hermetic compressors on vibration isolators and provide factory-installed service valves, crankcase heaters, liquid line sight glass, filter-drier, expansion valves, low and high pressure cutouts, evaporator defrost control, frostat, overload protection, phase monitor, powered convenience outlet, color touchscreen human interface, and anti short cycling control. Evaporator coils to have copper tubes with aluminum coil, and minimum 1" condensate drain from evaporator drain pans. Evaporator fans shall be fully modulating with single zone VAV sequence controlling discharge air temperature to a varying discharge air temperature setpoint by zone sensor. Staged fans are not allowed. Condenser to be all aluminum microchannel with fully brazed construction. Direct drive propeller condenser fans with guard. Electric heaters shall be factory installed on cooling/heating units. Heater models more than 10 KW shall have heating elements sequenced on and off as scheduled on the drawings. All heaters, above 10 KW, shall be equipped with thermal overload devices, fuses and current overloads. Provide a 24-volt transformer. Low-voltage connections shall be point-to-point on terminal board. Reference the filter specifications for filters. Manufacturer shall provide factory start-up, 1st year parts, labor, and refrigerant warranty. The following manufacturers are acceptable Rheem, Carrier, Trane, York or McQuay. c. Air Devices: Krueger, Carnes, Titus, or Metalaire. All devices shall be aluminum. Ceiling mounted outlets shall be off-white, other outlets shall be primed coated suitable for painting on the job. Operating dampers above non accessible ceiling shall have access doors or young regulators. See schedules on plans. d. Fans: Roof mounted, ceiling mounted, wall mounted, vent sets or inline type as shown on the drawings. Provide factory curbs for all roof mounted fans or hoods. Provide aluminum discharge grilles as required. Fans shall be Greenheck, Loren Cook, Penn, or Acme.
Page 57 EXHIBIT C Absolute Guaranty
Page 58 EXHIBIT D Schedule of Values
Pasadena Convention Center Arena and Remodel Preliminary Budget Way-Tech, Inc. Schematic Drawings dated June 23, 2023 August 28, 2023 rev. 12.27.23 DVOE Narratives dated June 29 and July 6, 2023 78,400 Arena Floor sf 41,150 Remodel sf Item Description Quantity Unit Unit Cost $ Cost $ $/sf Totals $ Notes ARENA 1 General Conditions 1,470,000 Supervision 18 mo 35,000 630,000 8.04 Superintendent, PM, Admin Permits Facilities, Safety, Clean-up 18 mo 40,000 720,000 9.18 Material Hoisting 12 mo 10,000 120,000 1.53 3 Concrete/Formwork/Reinforcing 5,260,025 Slab on grade 87,000 sf 11.02 958,755 12.23 Undereamed footings/grade beams Mezz/seating 33,000 sf 15.06 497,000 6.34 Paving 315,460 sf 5.28 1,666,922 21.26 Includes lime stabilization; 5 and 6" Sidewalks 51,000 sf 9.37 477,848 6.10 Pump, place and finish 78,400 sf 1.00 78,400 1.00 Pre-cast - Napco 16,300 ls 97.00 1,581,100 20.17 Napco; risers; confirm structural design 4 Masonry 1,830,325 CMU Block 131,625 ea 13.00 1,711,125 21.83 Exterior and interior walls Brick 9,756 ea 12.22 119,200 1.52 5 Metals 5,597,593 Steel framing 78,400 sf 50.00 3,920,000 50.00 Stairs 6 ea 10,000.00 60,000 0.77 Misc Metals, interior steel 7,500 lf 100.00 750,000 9.57 Crane 6 mo 15,000.00 90,000 1.15 Erection 1 ls 500,000.00 500,000 6.38 HR-16 panels 1 ls 277,593.00 277,593 3.54 Upper metal skin 6 Wood and Plastics, Composites 328,500 Lav Top Backing 24 ea 500.00 12,000 0.15 Misc. Exterior Carpentry 1 ls 27,500.00 27,500 0.35 Alucobond 1 ls 289,000.00 289,000 3.69 Panels on Canopy and building
7 Thermal and Moisture Protection 1,757,000 Waterproofing/Sealants/Caulking 78,400 sf 2.00 156,800 2.00 Insulation 67,200 sf 2.00 134,400 1.71 Roofing 78,400 sf 18.50 1,450,400 18.50 Sheet metal Flashing 2,200 lf 7.00 15,400 0.20 8 Doors and Windows 2,236,000 Doors, Frames, Hardware 80 ea 1,000.00 80,000 1.02 Access doors 1 ea 2,500.00 2,500 0.03 Punched openings 20 ea 500.00 10,000 0.13 Curtain wall 17,990 sf 116.73 2,100,000 26.79 Misc Window openings 10 ea 250.00 2,500 0.03 Mirrors 11 ea 1,000.00 11,000 0.14 Entry Doors 12 ea 3,000.00 30,000 0.38 9 Finishes 1,494,160 Drywall Partitions 20,000 sf 6.25 125,000 1.59 Drywall ceilings 10,000 sf 6.25 62,500 0.80 Ceramic tile 10,000 sf 20.00 200,000 2.55 Stone lavs 17 ea 2,000.00 34,000 0.43 Lav skirts and Concession cabinets 300 lf 130.00 39,000 0.50 Showers 1,768 sf 30.00 53,040 0.68 Resilient flooring 38,000 sf 5.00 190,000 2.42 Stained, polished concrete in concourses Paint 187,000 sf 1.50 280,500 3.58 Below mezz seating and ceiling Epoxy paint for CMU 67,200 sf 2.10 141,120 1.80 perimeter cmu Lobby Finishes Floors 17,000 sf 7.00 119,000 1.52 Custom polished concrete Stone walls 2,000 sf 50.00 100,000 1.28 allowance Wood veneer panels 2,000 sf 75.00 150,000 1.91 allowance 10 Specialties 396,049 Toilet compartments/Acc. 1 ls 354,049.00 354,049 4.52 Phenolic; inc. lockers Directory/signing 1 ea 20,000.00 20,000 0.26 Fire extinguishers 40 ea 550.00 22,000 0.28 inc cabinet 12 Furnishings 0 non- recommended 14 Elevators 440,000 Traction one stop 2 ea 200,000.00 400,000 5.10 Cab allowances 2 ea 20,000.00 40,000 0.51 15 Mechanical 3,837,026 Fire Sprinkler System -21 80,000 sf 10.22 817,906 10.43 fire pump?? Underground 1 ls 20,000.00 20,000 0.26 Plumbing - 22 1 ls 890,000.00 890,000 11.35 HVAC - 23 1 ls 2,009,120.00 2,009,120 25.63 LEED 100,000 1.28
26 Electrical 5,678,528 Temp service 1 ls 111,037.00 111,037 1.42 Main service 1 la 529,619.00 529,619 6.76 Gear 1 ls 1,305,177.00 1,305,177 16.65 Branch wiring 1 ls 1,456,445.00 1,456,445 18.58 Lighting 1 ls 832,385.00 832,385 10.62 Fire Alarm 1 ls 245,939.00 245,939 3.14 Site Lighting 1 ls 73,051.00 73,051 0.93 Lobby Lighting 1 ls 89,487.00 89,487 1.14 Lighting Controls 1 ls 280,090.00 280,090 3.57 Generator 1 ls 385,344.00 385,344 4.92 Lightning, grounding, raceways 1 ls 369,954.00 369,954 4.72 Subtotal Building Shell - Arena 30,325,206 Insurance 1.80% 545,854 Fee 5.00% 1,516,260 Bond 303,252 Total Building Shell- Arena 32,690,572 31 Sitework Earthwork Building pad 78,400 sf 10.75 842,800 10.75 Remove 4', haul off, replace 5' select Lime stabilization - 1200 parking 315,000 sf 0.90 283,500 3.62 Cut and fill 315,000 sf 1.10 346,500 4.42 Site Utilities Water 1 ls 35,000.00 35,000 0.45 Sewer/Sanitary 1 ls 51,000.00 51,000 0.65 Fire Line 1 ls 75,000.00 75,000 0.96 Misc. Landscaping/Irrigation 1 ls 250,000.00 250,000 3.19 Special Feature 1 ls 150,000.00 150,000 1.91 Dumpster Gate 1 2,500.00 2,500 0.03 Misc fencing 15 mo 3,000.00 45,000 0.57 Subtotal Building Shell - Site Work 2,081,300 Insurance 1.80% 37,463 Fee 5.00% 104,065 Bond 20,813 Total - Sitework 2,243,641
Remodel of Existing Building 6 Wood and Plastic 4 ea 500.00 2,000 0.05 12,000 Misc . Carpentry 1 ls 10,000.00 10,000 0.24 8 Doors and Windows 34,500 Doors, Frames, Hardware 10 ea 1,000.00 10,000 0.24 Curtain wall 0 sf 0.00 0 0.00 Included in building New Window openings 10 ea 250.00 2,500 0.06 Mirrors 4 ea 1,000.00 4,000 0.10 Entry Doors 6 ea 3,000.00 18,000 0.44 9 Finishes 384,750 Drywall Partitions 15,000 sf 6.25 93,750 2.28 Support exp. Space; break-out rooms Ceiling Grid 7,000 3.00 21,000 0.51 Ceramic tile 4,000 sf 20.00 80,000 1.94 Stone lavs 6 ea 2,000.00 12,000 0.29 Lav skirts and Concession cabinets 100 lf 250.00 25,000 0.61 Resilient/carpet 1,000 sy 20.00 20,000 0.49 Paint 20,000 sf 1.50 30,000 0.73 Below mezz seating Epoxy paint for CMU 5,000 sf 2.10 10,500 0.26 perimeter cmu Lobby Finishes Floors 0 sf 0.00 0 0.00 included in arena Stone walls 1,000 sf 50.00 50,000 1.22 allowance Wood veneer panels 500 sf 85.00 42,500 1.03 allowance 10 Specialties 40,000 Toilet compartments/Acc. 1 ls 35,000.00 35,000 0.85 Phenolic; inc. lockers Directory/signing 1 ea 5,000.00 5,000 0.12 Fire extinguishers 0 ea 500.00 0 0.00 inc cabinet Operable Walls 45 Food Prep 250,000 Upgrade 1 ls 250,000.00 250,000 6.08 Allowance 23 HVAC upgrade 0 0.00 0 0.00 0 Not required 24 Electrical, Plumbing, Fire Sprinkler 1 ls 250,000.00 250,000 6.08 250,000 Allowance; for break-out rooms, upgrades Subtotal - Existing Building Remodel Work 971,250 Insurance 1.80% 17,483 Fee 5.00% 48,563 Bond 9,713 Total - Remodel Work 1,047,008
Sub-Total Way-Tech (Design-Builder) Subtotal Cost of the Work 33,377,756 Subtotal Insurance 600,800 Subtotal Fee 1,668,888 Subtotal Bond 333,778 Subtotal Construction 35,981,221 Other Project Costs 6,275,000 Seating 3,700,000 Per Hussey Proposal A/V 2,200,000 Stage Lighting 100,000 Data, I/T, WIFI 150,000 Security 125,000 Contingency 5,450,587 Construction @10% 3,337,776 On Const. Sbtl.; for pricing issue only Project @5% 2,112,811 On Ttl. Const. & Other Costs; for scope revsns. Total Proposed Construction 47,706,808 Design Development/Consultant Fees 2,077,751 Design and Drawings 950,000 12.12 Arena Consultant 350,000 4.46 Interior Designer 20,000 0.26 MEP Engineer 358,751 4.58 Structural Engineer 275,000 3.51 Civil Engineer 60,000 0.77 Landscape 22,000 0.28 Food Service 42,000 0.54 Contingency @10% 207,775 Total Proposed Design Development 2,285,526 TOTAL PROJECT COST 49,992,334 Note: The highlighted Bond cost is estimated at 1%; to be confirmed
Page 59 EXHIBIT E Intentionally Left Blank
Page 60 EXHIBIT F Information provided to Design - Builder (§4.7)
Page 61 EXHIBIT G Project Schedule
Pasadena Convention Center and Arena -Preliminary Proposed Schedule 12/31/23
Page 62 EXHIBIT H HUB Subcontracting Plan Report
Page 63 EXHIBIT I Commissioning Reports
Page 64 ASSIGNMENT OF DESIGN - BUILD AGREEMENT Assignment ___________________, hereby assigns to __________________ all right, title and interest of ______________________ in and to the foregoing Design - Build Agreement with the Pasadena Economic Development Corporation, subject to the Absolute Guaranty in favor of the Pasadena Economic Development Corporation from ______________________ for the performance of this Design - Build Agreement Dated as of the ______________ day of _____________, 2023. By: Acceptance and Assumption Assignee hereby accepts the foregoing assignment of the Design - Build Agreement and agrees to assume and perform all obligations of the ___________________________ as Design - Builder there under. This acceptance and assumption shall have no effect on the Pasadena Economic Development Corporation Absolute Guaranty by __________________. Dated as of the __________ day of ___________________, 2023. By: By: By: