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Contract 50132
CITY SECRETARY CONTRACT N0. FORT WORTH �r PROJECT MANUAL FOR THE CONSTRUCTION OF REPLACEMENT OF SYNTHETIC TURF FIELDS AT GATEWAY PARK City Project No. 100569 Betsy Price David Cooke Mayor City Manager Douglas W. Wiersig,P.E. Director, Transportation and Public Works Department Richard Zavala Director,Park&Recreation Department Prepared for The City of Fort Worth Park & Recreation Department 2017 Freese and Nichols, Inc. Rebecca Pittman,RLA, LEED AP AS ' Zp�B FOFFICIAL ClcSECFTARI'� ECORD ETARY FT. WORTH, TX FORT WO City of Fort Worth Standard Construction Specification Documents Adopted September 2011 00 00 00-1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Page 1 of I SECTION 00 00 00 TABLE OF CONTENTS Division 00-General Conditions 0005 10 Mayor and Council Communication 0035 13 Conflict of Interest Affidavit 00 45 26 Contractor Compliance with Workers'Compensation Law 00 52 43 Contract for Services Between the City of Fort Worth and Hellas Construction, Inc. 0061 13 Performance Bond 0061 14 Payment Bond 00 62 16 Certificate of Insurance 00 72 00 General Conditions General Conditions Addendum 00 73 00 Supplementary Conditions Division 01-General Requirements 01 1100 Summary of Work 01 31 13 Project Coordination 01 32 16 Construction Progress Schedule 01 32 33 Photographic Documentation 01 3300 Submittal Procedures 01 58 13 Temporary Project Signage 01 60 00 Product Requirements 01 74 23 Cleaning 01 7719 Closeout Requirements 01 7823 Operation and Maintenance Data Technical Specifications which have been modified by the Engineer specifically for this Project; hard copies are included in the Project's Contract Documents Technical Specifications listed below are included for this Project by reference and can be viewed/downloaded from the City's Buzzsaw site at: htps://pro''i ectpoint.buzzsaw.com/cl ient/fortworthgov/Resources/02%20- %20Construction%2ODocuments/Specifications Division 02-Existing Conditions 0241 19 Demolition Appendix GC-6.06.1) Minority and Women Owned Business Enterprise Waiver GC-6.07 Prevailing Wage Rates GR-01 60 00 Product Requirements GR-02 Conditional Certificate of Completion(CCOC)for Former Riverside Wastewater Treatment Plant and Gateway Park Sector 4,Soccer and Rugby Complex END OF SECTION CITY OF FORT WORTH Replacement of Synthetic TarfFields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised February 2,2016 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/5/2017 DATE: Tuesday,December 5,2017 REFERENCE NO.: P-12143 LOG NAME: 13P18-0036 GATEWAY PARK SOCCER FIELDS JTC PARD SUBJECT: Authorize Execution of Contract with Hellas Construction,Inc.,Using Texas Association of School Boards BuyBoard Cooperative Contract 476-15 in an Amount Up to$2,139,888.00 for the Replacement of the Synthetic Turf on Three Soccer Fields at Gateway Park(COUNCIL DISTRICT 4) RECOMMENDATION: It is recommended that the City Council authorize the execution of a contract with Hellas Construction,Inc., using Texas Association of School Boards BuyBoard Cooperative Contract No.476-15 in an amount up to $2,139,888.00 for the replacement of the synthetic turf on three soccer fields at Gateway Park. DISCUSSION: The purpose of this Mayor and Council Communication(M&C)is to request Council's authorization for a contract with Hellas Construction,Inc.,for the replacement of the synthetic turf on the three soccer fields at Gateway Park. On October 4,2005,(M&C C-21071)the City Council authorized a contract with Hellas Construction,Inc., in the amount of$4,749,562.00,for the cleanup and remediation of the soccer and rugby fields in Gateway Park. The project included the excavation and disposal of PCB-contaminated soil;installation of geomembrane cap over existing soccer and rugby field and;installation of three synthetic grass sport fields. This contract work was completed in December 2006 and the Park and Recreation Department (PARD)began using fields in January 2007. The synthetic field turf installed was covered by an eight year manufacturer's warranty. During formulation of the 2017 PARD Capital Plan it was determined that funding needed to be identified to replace the synthetic turf on all three fields at Gateway Park,due to decreasing ability to restore and maintain fields in a safe,playable condition. On December 13,2016,(M&C G-18917)City Council adopted the Park and Recreation Department(PARD)Five Year Capital Plan for FY2017 which identified$1,400,000.00 for synthetic turf replacement on two fields at Gateway Park. On July 13,2017, a professional services agreement(City Secretary Contract No.49282)was administratively executed with Freese and Nichols, Inc.,in the amount of$57,944.00,for the preparation of construction documents for the replacement of the synthetic turf on three soccer fields at Gateway Park. On September 26,2017,City Council adopted Ordinance No.22928-09-2017 appropriating funds for enacting the Five Year Capital Plan for 2018 that included$1,764,553.00,of which$812,900.00 was to leverage previous capital funds for replacement of synthetic turf on three fields at Gateway Park. The total project funding is$2,212,900.00. M/WBE OFFICE: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office, in accordance with the BDE Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible.A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the M/WBE Office,in accordance with the BDE Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible. Gateway Park is located in COUNCIL DISTRICT 4 FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budget,as appropriated,of the General Capital Projects Fund and the PACS Gas Lease Capital Projects Fund and that prior to an expenditure being made the requesting department has the responsibility to validate the availability of funds. BQN\18-0036VTC FUND IDENTIFIERS(FIDs)o M Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year (Chartfield 2) MUM Department Project Program Activity Budget Reference# Amount Fund ID Account ID Year (Chartfleld 2) CERTIFICATIONS: Submitted for City Manager's Office by: Susan Alanis (8180) Originating Department Head: Aaron Bovos (8517) Additional Information Contact: Cynthia B.Garcia (8525) Jeff Cope (8313) ATTACHMENTS 1. 18-00361295. f (Public) 2. 18-0036 BuyBoard Contract.ndf (Public) 3. 18-0036 Final Award Repgrt'pdf (Public) 4. 18-0036 Hellas Construction Inc.-Gateway Park Pronosal.pdf (Public) 5. 18-0036 MBE-SBE Waiver. f (CFW Internal) 6. 18-0036 Reguisition.pdf (CFw Internal) 7. SAMs Reportl l-06-2017.pdf (CFw Internal) 003513-1 CONFLICT OF INTEREST AFFIDAVIT Page 1 of 1 1 SECTION 00 35 13 2 CONFLICT OF INTEREST AFFIDAVIT 3 4 Each bidder, offeror,or respondent(hereinafter also referred to as"you")to a City of Fort Worth 5 (also referred to as"City")procurement are required to complete Conflict of Interest 6 Questionnaire(the attached CIQ Form)and Local Government Officer Conflicts Disclosure 7 Statement(the attached CIS Form)below pursuant to state law.This affidavit will certify that the 8 Bidder has on file with the City Secretary the required documentation and is eligible to bid on 9 City Work.The referenced forms may be downloaded from the website links provided below. 10 11 http://www.ethics.state.tx.us/forms/CIQ.pdf 12 13 http://www.ethics.state.tx.us/forms/CIS.pdf 14 15 Q CIQ Form is on file with City Secretary 16 17 CIQ Form is being provided to the City Secretary 18 19 0 CIS Form is on File with City Secretary 20 21 CIS Form is being provided to the City Secretary 22 23 24 25 BIDDER: 26 27 Hellas Construction, Inc. By: Frank Petrini 28 Company e Prm 29 30 12710 Research Blvd., Suite 2 Signature: 31 Address 32 33 Austin, Texas 78759 Title: Chief Operating Officer 34 City/State/Zip (Please Print) 35 36 37 END OF SECTION CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised March 27,2012 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIO For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176,Local Government Code,by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor knowingly violates Section 176.006, Local Government Code.An offense under this section is a misdemeanor. 1J Name of vendor who has a business relationship with local governmental entity. N/A 2 Check this box if you are filing an update to a previously filed questionnaire.(The law requires that you file an updated completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) N/A 3 Name of local government officer about whom the information is being disclosed. N/A Name of Officer Ij Describe each employment or other business relationship with the local government officer,or a family member of the officer,as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. N/A A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? F] Yes F-1No B. Is the vendor receiving or likely to receive taxable income,other than investment income,from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? a Yes F--] No -5J Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director,or holds an ownership interest of one percent or more. Hellas does not have a relationship with any local government officer. s Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts ac rlpsrriherl in $ectinn 176,r1n'3/a)(7)(B) excluding gifts described in Section 176.003(a-1). N/A 7 12/20/2017 ndor Wsi ess with tUf icer mental entity Date an e Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 004526-1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of 1 1 SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 4 Pursuant to Texas Labor Code Section 406.096(a),as amended,Contractor certifies that it 5 provides worker's compensation insurance coverage for all of its employees employed on City 6 Project No. 100569. Contractor further certifies that,pursuant to Texas Labor Code, Section 7 406.096(b),as amended,it will provide to City its subcontractor's certificates of compliance with 8 worker's compensation coverage. 9 10 CONTRACTOR: 11 12 Hellas Construction, Inc. By: Frank Petrini 13 Company r ) 14 15 12710 Research Blvd., Suite24 Signature: 16 Address 17 18 Austin, Texas 78759 Title: Chief Operating Officer 19 City/State/Zip (Please Print) 20 21 22 THE STATE OF TEXAS § 23 24 COUNTY OF TARRANT TRAVIS § 25 26 BEFORE ME,the undersigned authority,on this day personally appeared 27 Frank Pet r i n i ,known to me to be the person whose name is 28 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 29 the act and deed of Hellas Cc)nstructi()n, Inc_ for the purposes and 30 consideration therein expressed and in the capacity therein stated. 31 32 GIVEN UNDER MY HAND AND SEAL OF OFFICE this 20th day of 33 December ,2017. 34 35 jib it, I fA[V J 3 36 ,•;a Bw FRANCES ROSALES 37 ' q� Notary Public,state of Texas Qotary Public in and for the State of Texas 38 My commission Expires •,,;<,. �,.•'' July 01, 2018 39 END OF SECTION 40 CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised July 1,2011 CONTRACT FOR SERVICES BETWEEN THE CITY OF FORT WORTH AND HELLAS CONSTRUCTION,INC. This Agreement("Agreement"), authorized on December 5, 2017 by M&C P-12143, is by and between the City of Fort Worth, a Texas home-rule municipal corporation, acting by and through Susan Alanis, its duly authorized Assistant City Manager ("City") and Hellas Construction, Inc. authorized to do business in Texas, acting by and through Frank Petrini , its duly authorized Chief Operating Officer , ("Contractor")for that certain work to be performed at the Gateway Park synthetic turf fields(the"Site"). In consideration of the mutual covenants and terms and conditions set forth herein, the parties agree as follows: 1. Scope of Work. The Contractor shall perform all work set forth in the Gateway Park Synthetic Turf Surface — 3 Soccer Fields Proposal dated October 20, 2017 as submitted originally to Freese and Nichols ("Proposal") attached hereto as Exhibit A which shall include, but not be limited to, all labor, materials, equipment, services, and other items required to complete the work at the Site, unless specifically amended herein the ("Work"). The work area at the Site shall remain clean and free of debris and any work shall not impede the public's use and enjoyment of Gateway Park. Contactor may install non-permanent fencing to prevent the public from accessing the site. The Contractor shall comply with the City's General Conditions, attached hereto as Exhibit C and incorporated herein for all purposes. Conflicting terms contained in this Agreement shall control over the same or similar general condition. 2. Contract Term. a. Commencement. The Work required under this Agreement shall begin no later than January 9,2018. b. Completion. The Work required under this Agreement shall be completed not later than March 29, 2018. The parties may agree, in writing, to extend the term of this Agreement. c. Time of the Essence. Time is of the essence for this Agreement. 3. Contract Sum. City shall pay Contractor Two Million One Hundred Thirty-Nine Thousand Eight Hundred Eighty-Seven Dollars and Fifty-Seven Cents ($2,139,887.57) ("Contract Sum"), which shall constitute full compensation for all Work to be performed under this Agreement. The parties may amend this Agreement to allow for additional payment if additional services are required,per Section 5. 4. Payment Schedule. City agrees to pay the Contractor on an invoice basis pursuant to the Texas Prompt Payment Act,Texas Government Code Section 2251,each payment to represent full and final,non-refundable payment for all the Work provided herein prior to the date invoiced. 5. Changes in the Work. City may order changes in the Work within the general scope of the Agreement consisting of additions, deletions, or other revisions, the Contract Sum and Term being adjusted accordingly. Such changes in the Work shall be authorized by written Change Order or amendment signed by City and Contractor. If the City requests additions to the Work, Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 1 of 11 it will be performed on a time and material basis at rates negotiated and mutually agreed to by the parties. 6. Warranty and Correction of Defective Work. As specified in the Proposal, Contractor represents and warrants to the City that the materials furnished under this Agreement shall be new,of good quality, in good working order,and perform as intended;and that the Work will be performed in conformance with this Agreement,with professional"workmanlike"standards and be free from defective or inferior materials and workmanship (including any defects consisting of "inherent vice," or qualities that cause or accelerate deterioration). Contractor shall commence any work in accordance with this warranty within fourteen (14) calendar days from receipt of written notice from the City and complete such work within thirty (30)business days thereafter at no expense to the City. If the City observes any breach of warranty as described herein that is not curable by the Contractor, then the Contractor is responsible for reimbursing the City for damages, expenses, and losses incurred by the City as a result of such breach. The representations and warranties in this section shall survive the termination or other extinction of this Agreement. Additional warranty and correction time period and obligations for the installation of the field portion of the Work shall be as shown on the warranties attached hereto as part of Exhibit A and incorporated herein. 7. Indemnification. CONTRACTOR COVENANTS AND AGREES TO INDEMNIFY, HOLD HARMLESS, AND DEFEND, AT ITS OWN EXPENSE, CITY FROM AND AGAINST ANY AND ALL CLAIMS, LAWSUITS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, LIENS, LOSSES, EXPENSES, COSTS, FEES (INCLUDING, BUT NOT LIMITED TO, ATTORNEY'S FEES AND COSTS OF DEFENSE), PROCEEDINGS, DEMANDS,DAMAGES, LIABILITIES, AND/OR SUITS OF ANY HIND OR NATURE, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY LOSS (INCLUDING, BUT NOT LIMITED TO, WORKERS' COMPENSATION ACT LIABILITY, AND PROPERTY DAMAGE) AND/OR PERSONAL INJURY (INCLUDING, BUT NOT LIMITED TO, DEATH) TO ANY AND ALL PERSONS, OR OTHER HARM FOR WHICH RECOVERY OF DAMAGES IS SOUGHT, OF WHATSOEVER KIND OR CHARACTER,WHETHER REAL OR ASSERTED,ARISING OUT OF OR RESULTING FROM THE NEGLIGENT ACT, ERROR, OR OMMISSION OF THE CONTRACTOR AND/OR ITS RESPECTIVE OFFICERS, AGENTS, EMPLOYEES, DIRECTORS, MEMBERS, PARTNERS, AND REPRESENTATIVES IN CONNECTION WITH THE EXECUTION, PERFORMANCE, ATTEMPTED PERFORMANCE, OR NONPERFORMANCE OF THIS AGREEMENT. 8. Insurance. Contractor shall comply with the insurance requirements set forth in Exhibit B, which is attached hereto and incorporated herein for all purposes. 9. Waiver of Consequential Damages. The parties waive any and all claims against each other for consequential damages arising out of or relating to this Agreement. This mutual waiver is applicable, without limitation, to all consequential damages due to delay by either party, nonpayment by City, defective or non-conforming work by Contractor, and either party's termination of the Agreement. This Section 9 shall survive termination or expiration of this Agreement. 10. Contract Termination. Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 2 of 11 a. Termination for Convenience. The services to be performed under this Agreement may be terminated by the City, subject to written notice submitted twenty(20) calendar days before termination, specifying the grounds for termination. i. If the termination is for the convenience of City, City shall pay Contractor for services actually rendered up to the effective date of termination(including any retainage)and reasonable costs incurred by Contractor in terminating the Work, including but not limited to restocking and equipment rental fees and demobilization costs, and Contractor shall continue to provide the City with services requested by City and in accordance with this Agreement up to the effective date of termination. b. Termination for Cause. If either party to this Agreement shall fail to fulfill in a timely and proper manner, or otherwise violate, any of the covenants, agreements, or stipulations material to this Agreement,the other party shall thereupon have the right to terminate this Agreement by giving written notice to the defaulting party of its intent to terminate, specifying the grounds for termination. The defaulting party shall have thirty (30) days after receipt of the notice to cure the default (the "Cure Period"). If the default is not cured during the Cure Period, then this Agreement shall terminate. Termination of this Agreement under this provision shall not relieve the party in default of any liability for damages resulting from a breach or a violation of the terms of this Agreement. 11. Contractor Compliance Responsibilities. Contractor shall give notices and comply with all laws, ordinances, rules, regulations and orders of public authorities bearing on performance of the Work. Contractor warrants that it is properly licensed in the state to perform the Work required by this Agreement. 12. Time Extension, Force Majeure. City or Contractor, as appropriate, shall grant a reasonable extension of time to the other party if conditions beyond the parties' control or Acts of God, adverse weather conditions, flood, riot, civil insurrection, labor strikes, or orders of local or federal government render timely performance of the parties' services impossible or unexpectedly burdensome. The party suffering the impossibility or burdensome conditions must inform the other in writing within ten (10) days of the onset of such performance delay, specifying the reasons therefore. Failure to fulfill contractual obligations due to conditions beyond either party's reasonable control shall not be considered a breach of this Agreement; provided, however, that such obligations shall be suspended only for the duration of the delay caused by such conditions. 13. Permits. All construction and/or governmental permits, if necessary, will be obtained by City prior to start of construction. 14. Safety. Contractor shall take all reasonable safety precautions with respect to performance of the Work and shall comply with safety measures initiated by the City and all applicable laws, ordinances, rules, regulations and orders of public authorities for the safety of persons and property. Contractor shall report to City within seven days an injury to an employee or agent of Contractor which occurred at the site. 15. Concealed Conditions. If concealed or unknown physical conditions are encountered at the site that differ materially from those indicated in the Agreement or from those conditions ordinarily Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 3 of 11 found to exist at the Site and those conditions cause delay in the Work,the Contract Sum and/or Contract Term shall be equitably adjusted by written agreement of the parties. 16. Entire Agreement. This Agreement constitutes the entire agreement between the parties hereto with respect to the subject matter hereof, and no amendment, alteration, or modification of this Agreement shall be valid unless in each instance such amendment, alteration or modification is expressed in a written instrument, duly executed and approved by each of the parties. There are no other agreements and understandings, oral or written, with reference to the subject matter hereof that are not merged herein and superseded hereby. 17. Severability. Should any portion,word,clause,phrase, sentence or paragraph of this Agreement be declared void or unenforceable,such portion shall be modified or deleted in such a manner as to make this Agreement, as modified, legal and enforceable to the fullest extent permitted under applicable law. 18. Assignment. Neither party hereto shall assign, sublet or transfer its interest herein without prior written consent of the other party, and any attempted assignment, sublease or transfer of all or any part hereof without such prior written consent shall be void. This Agreement shall be binding upon and shall inure to the benefit of City and Contractor and its respective successors and permitted assigns. 19. Waiver. No waiver of performance by either party shall be construed as or operate as a waiver of any subsequent default of any terms, covenants, and conditions of this Agreement. The payment or acceptance of fees for any period after a default shall not be deemed a waiver of any right or acceptance of defective performance. 20. Governing Law and Venue. If any action,whether real or asserted,at law or in equity,arises on the basis of any provision of 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. This Agreement shall be construed in accordance with the laws of the State of Texas. 21. No Third-Party Beneficiaries. The provisions and conditions of this Agreement are solely for the benefit of City and Contractor, and any lawful successor or assign, and are not intended to create any rights,contractual or otherwise,to any other person or entity. 22. Contract Construction. The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. 23. Fiscal Funding Out. If, for any reason, at any time during any term of this Agreement, the Fort Worth City Council fails to appropriate funds sufficient for City to fulfill its obligations under this Agreement, City may terminate this Agreement to be effective on the later of(i)thirty (30) days following delivery by City to Contractor of written notice of City's intention to terminate or(ii)the last date for which funding has been appropriated by the Fort Worth City Council for the purposes set forth in this Agreement. 24. Ca tp ions. Captions and headings used in this Agreement are for reference purposes only and shall not be deemed part of this Agreement. Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 4 of 11 25. Audit. Contractor agrees that City will have the right to audit the financial and business records of Contractor that relate to this Agreement(collectively"Records") at any time during the Term of this Agreement and for three (3) years thereafter in order to determine compliance with this Agreement. Throughout the Term of this Agreement and for three (3) years thereafter, the Contractor shall make all Records available to City on 1000 Throckmorton Street, Fort Worth, Texas or at another location in City acceptable to both parties following reasonable advance notice by City and shall otherwise cooperate fully with City during any audit. Notwithstanding anything to the contrary herein,this section shall survive expiration or earlier termination of this Agreement. 26. Public Information Act. Contractor understands and acknowledges that City is a public entity under the laws of the State of Texas and, as such, all documents held by City may be subject to disclosure under Chapter 552 of the Texas Government Code. Contractor shall clearly indicate to City what information it deems proprietary. If City is required to disclose any documents that may reveal any of Contractor's Proprietary Information to third parties under the Texas Government Code, or by any other legal process, law, rule, or judicial order by a court of competent jurisdiction, City will notify Contractor prior to disclosure of such documents, and give Contractor the opportunity to submit reasons for objections to disclosure. City agrees to restrict access to Contractor's information to those persons within its organization who have a need to know for purposes of management of this Agreement. City agrees to inform its employees of the obligations under this paragraph and to enforce rules and procedures that will prevent any unauthorized disclosure or transfer of information. City will use its best efforts to secure and protect Contractor's information in the same manner and to the same degree it protects its own proprietary information; however,City does not guarantee that any information deemed proprietary by Contractor will be protected from public disclosure if release is required by law. The foregoing obligation regarding confidentiality shall remain in effect for a period of three(3)years after the expiration of this Agreement. 27. Counterparts and Electronic Signatures. This Agreement may be executed in several counterparts, each of which will be deemed an original, but all of which together will constitute one and the same instrument. A signature received via facsimile or electronically via email shall be as legally binding for all purposes as an original signature. 28. Notices. All notices required or permitted under this Agreement shall be conclusively determined to have been delivered when(i) hand-delivered to the other party, or its authorized agent, employee, servant, or representative, or (ii) received by the other party or its authorized agent, employee, servant, or representative by reliable overnight courier or United States Mail, postage prepaid, return receipt requested, at the address stated below or to such other address as one party may from time to time notify the other in writing. To THE CITY: To CONTRACTOR: Director Hellas Construction,Inc. Parks and Community Services Attn: City of Fort Worth 4200 South Freeway, Ste 2200 Fort Worth,Texas 76115 With a copy to: Department of Law City of Fort Worth Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 5 of 11 Attn: City Attorney 200 Texas St. Fort Worth,Texas 76102 29. Independent Contractor. It is expressly understood and agreed that Contractor shall operate as independent entity in each and every respect hereunder and not as an agent, representative, or employee of the City. Contractor shall have the exclusive control and the exclusive right to control all details and day-to-day operations and activities relative to operation of the Contractor and installation of the Work and shall be solely responsible for the acts and omissions of its officers, agents, servants, employees, contractors, subcontractors, licensees, and invitees. Contractor acknowledges that the doctrine of respondeat superior shall not apply as between the City and Contractor, its officers, agents, servants, employees, contractors, subcontractors, licenses,and invitees. Nothing contained in this Agreement shall be construed as the creation of a partnership or joint enterprise between the City and Contractor. 30. Prohibition on Contracts with Companies Boycotting Israel. Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Contractor certifies that Contractor's signature provides written verification to the City that Contractor. (1) does not boycott Israel, and(2) will not boycott Israel during the term of the contract. 31. Immigration Nationality Act. Contractor shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Contractor shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Contractor employee who is not legally eligible to perform such services. CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Contractor, shall have the right to immediately terminate this Agreement for violations of this provision by Contractor. 32. Authorization. By executing this Agreement, Contractor's agent affirms that he or she is authorized by the Contractor to execute this Agreement and that all representations made herein with regard to Contractor's identity, address and legal status (corporation, partnership, individual,etc.)are true and correct. [SIGNATURES AND EXHIBITS FOLLOW ON THE SUBSEQUENT PAGES] Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 6 of 11 ACCORDINGLY, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager("Effective Date"). Contractor: City of Fort rtWorth � Hellas Construction, Inc. -1-1-0 Byttilanisr L Su By: Assistant City Manager na re) Date 1-4-1 ,7)-v a Frank Petrini Attest: (Printed Name) City Secr tary U` Title:Chief Operating Officer (Seal) U 2t Address: 12710 Research Blvd., Suite 240 M&C Austin, Texas 78759 Date: J_ �c�C Form 1295 No. ?Z t�- 2 City/State/Zip: Contract Compliance Manager: By signing,I acknowledge that I am the person December 20, 2017 responsible for the monitoring and Date administr ion of this contract, including ensurin 11 performance and reporting requir en . Sco E.fenn District Superintendent A proved as to orm and Legality: Douglas W.Black Assistant City Attorney APPROVAL REC NDED: Rich Zavala DMECTOR, �® Park&Recreation Department OFFICIAL RECORD CITY SECRETARY FT. WORTH,TX Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 7 of 11 Exhibit A Gateway Park Synthetic Turf Surface—3 Soccer Fields Proposal For GATEWAY PARK Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 8 of 11 M r � October 20, 2017 Shane M. Friese, PLA, ASLA— Landscape Architect Rebecca Pittman — Landscape Architect 5 Freese and Nichols 2711 North Haskell Avenue Suite 3300 Dallas, Texas 75204 (214)-217-2200 shane.friese(@freese.com rsp@freese.com Re: City of Fort Worth Gateway Park Synthetic Turf Surface —3 Soccer Fields r Purchase via Buy Board Contract#476-15—Indoor/Outdoor Flooring Products, Sports Surfaces Wood/Concrete Floor Refinish Hellas Construction, Inc. is pleased to provide this Scope of Work and Proposal for the above referenced project. The City of Fort Worth Gateway Park Synthetic Turf Surface—3 Soccer Fields Proposal is based on the signed and sealed construction documents that were provided by Freese and Nichols, Inc., dated October 20, 2017. General Conditions Hellas will: 1. Provide project Insurance, Supervision and Mobilization. 2. Provide construction surveying, layout and staking. 3. Provide performance and payment bonds. 4. Provide, prior to construction, synthetic turf shop drawings. 5. Conduct a monthly construction site meeting. 6. Provide final punch-out and clean-up of the completed project. Synthetic Turf Field Removal and Replacement Hellas will remove and dispose offsite existing Rugby goals. 2. Hellas will remove and dispose offsite existing synthetic turf. 3 Hellas will remove and dispose offsite existing 2" x 4° nailer. 4. Hellas will provide a percolation test to determine the water absorption rate. 5. Hellas will regrade stone drainage material after all turf is removed (no purchase of stone drainage material or any grade changes anticipated for this process). 6. Provide and install ±4,120 lineal feet of 2" x 4" composite plastic nailer. AMERICAN MEMBER —Rlsawl— ASSOCIAD" YE � 12710 Research Blvd.Suite 240 Austin,TX 78759 1 office(512)250-2910 I fax(512)250-1960 hel lasconstruction.com r ►� 7. Provide and install approximately ±325,220 square feet of Cushdrain® 19MM (nominal thickness) elastic shock pad system. Installation of Cushdrains includes regrading of base stone and should remedy the needs for drain stone repair. 8. Provide and install ±325,220 square feet of Matrix®46 synthetic turf system with the noted installation options listed: • All Soccer lines and markings permanently installed in white turf • Proprietary "RealFill" (patent no. 6,800,3339 B2) installation of selectively graded aggregate and ambient ground SBR rubber • Supply one (1) tow-behind ground-driven sweeper. • Provide 8-year manufacturer warranty • Provide 3rd party insured warranty • 4-hour owner care and maintenance orientation After synthetic turf installation is complete, Hellas will provide an operation and maintenance orientation for care of the turf field, and all the supplied equipment quoted above. Proiect Schedule: 1, Hellas Construction agrees to complete all work as shown plans within 60 working days after notice-to-proceed is given to Contractor by the City. 2. Please note, weather/climatic conditions may be a factor in delay of installation but shall not warrant the accrual of additional liquidated damages. Should the ambient outdoor temperature fall below 45 degrees Fahrenheit, the turf contractor and owner discuss available options and/or stoppage of work. Total Base Price $2,039,887.57 Owner's Allowance for drain stone repair: Add to Base Price $100,000.00 Total Proposal Price _ $2,139,887.57 See Figures 1 and 2 Attached for Buy Board Pricing and RS Means Breakdown. After removal of the existing synthetic turf, Hellas will provide percolation tests at multiple points on the field to determine the water absorption rate. If the existing base drainage stone does not drain correctly Hellas will make a recommendation for correcting any deficiencies. Hellas Construction will not invoice the City for any amount of the Owner's allowance until express written consent has been provided to Hellas Construction from the City of Fort Worth for the proposed improvements. 12710 Research Blvd.Suite 240 Austin, TX 78759 I office (512)250-2910 I fax (512)250-1960 hel lasconstruction.com r 'u • • j Exclusions (but not limited to): 1. Any item of work not explicitly listed above. 2. Excavation and/or embankment of soil of any kind 3. Geotechnical Investigation. 4. Engineering. 5. Any concrete work. 6. Any landscaping or grassing of the immediate surrounding areas. 7. Irrigation installation or repair. 8. Fencing or fence repair. 9. Site Security, 10.Permits. 11.Taxes. 12.Owner shall provide ingress/egress for ALL personnel, equipment and materials; typical construction traffic shall be expected for the duration of this contract. Contractor NOT responsible for damage due to typical construction traffic ingress/egress to the construction site. Notwithstanding anything to the contrary in any of the Contract documents, under no circumstances shall the Performance bonds, maintenance bonds or the obligations of the Surety be liable for any warranty obligations that exceed 1 year from the date of substantial completion as defined in the Contract documents. Please contact this office should you have any questions regarding this quotation. Hellas Construction, Inc. looks forward to the opportunity to work with you. Sincerely, Jose Ruiz Estimator �4 4 Z MtYI11CAN 9 MPAIYER ,oc sYU6cEtl 41YRR� 12710 Research Blvd.Suite 240 Austin,TX 78759 I office(512)250-2910 fax(512)250-1960 hellasconstruction.com I► WPM GATEWAY PARK Soccer Fields City of Fort Worth FIGURE 1 Buy Board Pricing Contract 476-15(Please reference Highlighted Items on BuyBoard price sheet Exhibit B) BwBoard price for BwBoard Price for BuyBoard Price for 6 BuyBoard Price for Fields Total SF Matrix 46(VSF)BB Turf Price Soccer Lytes BB Line Max Testing-BB Line Maintenance Total Price/Field Line item 31 Item 31 Rem 52 Equipment-BB Line Rem 31 Soccer#1 104,120.00 $ 4.35 S 452,922.00 $ 4,60000 $ 1,350.00 $ 7,15000 $ 466.022.00 Soccer#31Ru 127.500 00 1 S 4 35 S 554,625001 S 4.600.00 $ 1,350 00 S $ 560,575.00 Soccer#2 93,60000 1$ 4 35 1 S 407,160.00 1 $ 4,60000 S 1.350,001$ $ 413,110.00 Sub Taal S 1,439,707-00 1%Bonds $ 14,397.07 Buv Board Items Sub-Total $ 1.454.104.07 Hellas Additional Discount I S 114,965.27 Buy Board Items Taal Is 1.339,138 80 ' RSMeans Prices-BB Line Item 45(Please reference RS Means Sheets Exhibit C) Fields Division 02 Division 02 Division 06 Division 09 Division 31 Totals Remove Goals Nailer Removal Nailer Imtalation Turf Removal Fine Grading Total Price/Field Soccer#1 $ 3,652-96 $ 5,089.50 $ 58,307.20 $ 9,13942 $ 76.189.08 Soccer#3fRugby 5 51866 S 4,107.20 $ 5.692.70 $ 71,400.00 $ 11.191.67 5 92,910.23 Soccer 42 S $ 3.427.20 S 4,750.20 $ 52.416.00 $ 8 216 00 5 66,809.40 RSMeands-Sub Total Is 237,908.71 RSMearn Discount per BuyBoard Price list-Item 45 (17.5%) S 41,634.02 RSMeans Items $ 196.274.68 Hellas Additional Discount S 37.352.26) RSMeens Items Total Price $ 158.922.42 ' Cushdrains Buy Board Pr-icing Contract 476-15(Please reference Highlighted Items on BuyBoard price sheet Exhibit B) BuyBowd Price for Fjgkh Total SF 19mm Cushdrain BB Turf Price Lina(Derr(45 Soccer#1 104.120.00 $ 1.75 $ 182,210.00 Soccer#3/Ruaby 127,500.00 $ 1.75 $ 223.125.00 Soccer 02 93.600.00 1$ 1.75 S 163.800.00 Sub Total $ 569.135.00 1%Bonds S 5,691.35 Total Value S 574,826.35 Hellas Additional Discount S (33,000 00) Total Cushdrains Price S 541,826.35 Installation of Cushdrain includes regrading of base stone and should remedy the needs for drain stone repair TOTAL BASE PRICE Buy Board Items Total S 1,339,138.80 ` RShlearts Items S 158,922.42 Cushdrains $ 541.826.35 • Total Base Price S 2,039,887 57 Allowance: Drain Stone Repair(6'Depth): 51.50ISF S 100.000.00 Total Base Price+ Allowance $ 2,139,887.57 FIGURE ' AWARET Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered'.) State Percent(%) Item of Discount off State Name of No. I Short Description Full Description Catalog/Pricelis— Catalog/Pricelisti Exceptions NOTE:1)For manufacturer's that sell direct,we will only consider proposal responses from the manufacturer. 2)For manufacturers that sell through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPRO ED INSTALLERS. actio :Carpet,Tile,Cove Base,Stair Tread,Etc. All Carpet Products(indoor and outdoor)--State thr discount(%)off catalog/pricelis','. Catalog/Pricelist MUST be included or proposal will not be considered. NOTE: Discount(%)off 1)For manufacturer's that sell direct,we will only consider proposal responses from the manufacturer. 1 catalog/pricelist for 2)For manufacturers that sell through a dealer network, _No Bid—0/o NO BID All Carpet Products we will consider proposal responses from dealers with (indoor&outdoor) written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. Discount(%)off r All Tile Products--vinyl,ceramic,etc.(indoor& catalogjpricelistto 2 All Tile Products o outdoor)--State the discount(/o)off catalog/pricelist. No Bid_% NO BID vinyl,ceramic,etc. be considered. Catalog/Pricelist MUST be included or proposal will not — (indoor&outdoor) Discount(%)off catalog pricelist for All Cove Base&Stair Tread Products--State the discount 3 All Cove Base& (%)off catalog, I . Catalog/Pricelist MUST be _No Bid % NO BID Stair Tread included or proposal will not be considered. Products I Discount(%)off All Other Flooring Products&Supplies--State the 4 catalog/pricelist for discount(%)off catalog/pricelist. Catalog/Pricelist MUST _No Bld__% NO BID All Other Flooring be included or proposal will not be considered. Products&Supplies PROPOSAL NOTE 1.Catalogs/Pricelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 1 of 17 FORM O Board' .+ —Pa - Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered'.) DEFINE SERVICE 52 , Clearly define the services that �r »'�l� t axe proposers to 6e provided g and attach detailed information. (NOTE:IF DETAILED INFORM 'Uni ATION i5 .: t Price Per NOT SUBMITTED,PROPOSAL S ; :Gar . t,and,Tile Iris Square Foot wILL Nor BE coNSloeai—oI+l, I Exception's. Carpet Installation--State the lien square foot price iur installation of carpet(indoor&outdoor).Price to include all 5 Carpet Installation necessary supplies,labor,etc. NOTE: All companies $_No Bid_ NO BID responding must be approved by the manufacturer to install the brand of carpet and must provide written documentation from the manufacturer. Tile Installation--State the per square foot price for 6 Tile Installation installation•-f file products.Price to include all necessary $_No Bid_ NO BID supplies,la`or,etc. Cove Base&Stair Cove Base&Stair Tread Installation--State the per 7 Tread Installation square foot price for installation of cove base and stair tread $_No Bid_ NO BID prow u;„ Price to include all necessary supplies,labor,etc. Installation of All Installation of All Other Flooring Products--State the per 8 Other Flooring square foot price for installation of all other flooring products. $_No Bid_ NO BID Products Price to include all necessary supplies,labor,etc. 9 Floor Prep Floor Prep--State the per square foot price for floor prep. $_No Bid_ NO BID Price to include all necessary supplies,labor,etc. Removal of 6cisting Removal of Existing Carpet--State the per square foot LO Carpet price for removal of existing carpet products. Price to include $_No BidNO BID Carpet all necessary supplies,labor,etc. PROPOSAL NOTE 1.Catalogs/Pricelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 2 of 17 FORM O VBoard" f. � Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricel(sts must be submitted with Proposal or Proposal will not be considered'.) pEFINE 5ERVICEV y aw f Clearly define the services that sk?. " ,�• _.P t I` '�,yr ".� are proposed to be provided - ;A and attach detailed Information. (NOTE:IF DETAILED INFORMATION Is NOT SUBMT 7ED:PROPOSAL Section II:Carpet and Tile Installation,Etc. WILL NOT BE CONSIDEREDii).: . - Exceptions Removal of Existing Removal of Existing Tile- State',he per square foot price 11 Tile for removal of existing tile products.Price to Include all $_No Bid^ NO BID necessary supplies,labor,etc. Removal of Existing Removal of Existing Cove 13ase&Stair Tread--State the per linear foot price for removal of existing cove base and 12 Cove Base,&Stair stair tread .,,,. —.Price to include all necessary supplies, $—No Bid_ NO BID Tread labor,etc. ,Removal of Trash--State the per square foot price for 13 Removal of Trash removal of trash.Price to include all necessary supplies,labor, $_No Bid_ NO BID etc. NOTE: Trash to be removed from the site by installer within five(5)days of installation. Furniture Moving--State the per square foot price for 14 Furniture Moving furniture moving,Price to include all necessary supplies,labor, $_No Bid_ NO BID etc. Concrete Polishing,Grinding and Sealing--State the per 15 Concrete Polishing, square foot price for concrete polishing,grinding and sealing. $----No Bid_ NO BID Grinding and sealing price to include all necessary supplies,labor,etc. PROPOSAL NOTE 1.Catalogs/Pricelistr are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 3 of 17 FORM O VB©ard" Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considers DEFINE SERVICE52 Clearly define the'services that7 '� e proposed to be provided: t � :'We attach detailed; . a "yar mformatian (NOTE IF 'hal�' V� XA��Y � '�, 'h •w. dut. � " I.'xG7 .w'�v!nS• ` 1 ^ � ^j' „ •.'4,t v $r 4�'3 *:' DETAILED'INFORMATION IS �U'... t �ryy"". 5p �,.��,.� °. Unit Price Per NOT SUBMITTED,PROPOSAL 1p�..A}.i0 "a' 1 ���i:� 4'• 1""`J^l.�'f moi, i�Ek .7�. ' Seetrdr�:'�;L�"et an�Tlle'��taliatian Etc ��,. Square•Foot ... WILL NOT KcgNST_[�ERt=o?r) Exceptions i I, Add Acid Staining/Dyeing--State the per square foot price for 16 Staining/Dyeing acid staining/dyeing.Price to include all necessary supplies, $_No Bid_ NO BID labor,etc. Coating,Glue,and Coating,Glue,and Mastic Removal--State the per square 17 Mastic Removal foot price for removal of coating,glue and mastic.Price to $_No Bid_ NO BID include all necessary supplies,labor,etc. 18 ]oint Filler Joint Filler--State the per square foot price for joint filler. $_No Bid_ NO BID Price to Include all necessary supplies,labor,etc. All Other Floor All Other Floor Preparation--State the per square foot 19 Preparation price for all other floor preparation.Price to include all $_No Bid_ NO BID necessary supplies,labor,etc. PROPOSAL NOTE 1.Catalogs/Pricelists are required to be submitted with Proposal 2,Detailed Information of services are require to be submitted with Proposal Page 4 of 17 FORM O LKBoard" Z M1M10 ' Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Prlcellsts must be submitted with Proposal or Proposal will not be considered.) ,� s� 5 �a `xxit�i [ Mt°jtri 'fie L`£I#Gd 3 wa au ti^r List Name of Product(s) Offered-this information r Price Per Square MUST be provided or your Section III:Sports Surfaces(Indoor and Outdoor)--PRODUCTS INCLUDING Foot Including proposal will not be INSTALLATION` �- ,y ;4 'w Installation considered..r '` Exceptions . FOOTBALL SYNTHETIC INDOOR Sports Surfaces Products--State the price per square foot(including installation)for football synthetic sports surfaces products for indoor use. NOTE: 1)For manufacturer's that sell direct, Football Synthetic we will only consider proposal responses from the Please see attached 20 Indoor Sports manufacturer. 2)For manufacturers that sell through a listing Please see attached listing Surfaces dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. BASKETBALL SYNTHETIC INDOOR Sports Surfaces Products--State the price per square foot(including installation)for basketball synthetic sports surfaces products for indoor use. NOTE: 1)For manufacturer's that sell Basketball Synthetic direct,we will only consider proposal responses from 21 Indoor Sports the manufacturer. 2)For manufacturers that sell $_No Bid_ NO BID Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. PROPOSAL NOTE 1.Catalogs/Pricelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal =of':% FORM O Board' Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish p (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered'.) Ara List Name of Products) offered-this information';Price Per Square MUST be provided or your Section III:Sports Surfaces(Indoor and Outdoor)--PRODUCTS INCLUDING Foot Including proposal will not be INSTALLATION Installation considered. Exceptions i BASEBALL SYNTHETIC INDOOR Sports Surfaces Products--State the price per square foot_(including installation )r basetball synthetic sports surfaces products rcr s . NOTE: 1)For manufacturer's that sell Baseball Synthetic direct,we will only consider proposal responses from Please see attached 22 Indoor Sports the manufacturer. 2)For manufacturers that sell listing Please see attached listing Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. TRACK SYNTHETIC INDOOR Sports Surfaces Products-- State the price per square foot(including installation)for track synthetic sports surfaces products for indoor use. NOTE: 1)For manufacturer's that sell direct,we will only Track Synthetic consider proposal responses from the manufacturer. _ Please see attached 23 Indoor Sports 2)For manufacturers that sell through a dealer networ , Please see attached listing Surfaces we will consider proposal responses from dealers with listing written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. PROPOSAL NOTE 1.Catalogs/Pdcelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 6 of 17 FORM O Board" Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be consldered�.) IM mmiRi. 'w� x � List Name of Product(s) Offered-this information Price Per Square MUST be provided or your Section III:Sports Surfaces(Indoor and Outdoor)- PROQUCTS INCLUDING Foot Including proposal will not be INSTALLATION M. Installation Iconsidered. Exceptions TENNIS SYNTHETIC INDOOR Sports Surfaces Products State the price per square foot(including installation)for tennis synthetic sports surfaces products for Indoor use. NOTE: 1)For manufacturer's that sell direct,we will Tennis Synthetic only consider proposal responses from the Please see attached 24 Indoor Sports manufacturer. 2)For manufacturers that sell through aling Please see attached listing Surfaces dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. All OTHER SYNTHETIC INDOOR Sports Surfaces Products--State the price per square foot(including installation)for all types of synthetic sports surfaces products for indoor use. NOTE: 1)For manufacturer's that sell All Other Synthetic direct,we will only consider proposal responses from Please see attached 25 Indoor Sports the manufacturer. 2)For manufacturers that sell listing Please see attached listing Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE 'LIST OF ALL APPROVED INSTALLERS. PROPOSAL NOTE 1.Catalogs/Phoelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 7 of 17 FORM O MBoard- Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or-roposal will not be considered'.) V1, 211,i� List Name of Product(s) Offered-this information Price Per Square MUST be provided or your Section III:Sports Surfaces(Indoor and Outdoor)--PRODUCTS I C UDING foot Including- proposal will not be Installation conside J; .INSTALLATION ............ FOOTBALL SYNTHETIC OUTDOOR Sports Surfaces Products-- State the price per square foot(including installation)for football synthetic sports surfaces products for outdoor use. NOTE: I)For manufacturer's that sell Football Synthetic direct,we will only consider proposal responses from Please see attached 26 Outdoor Sports the manufacturer. 2)For manufacturers that sell listing Please see attached listing Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. BASKETBALL SYNTHETIC OUTDOOR Sports Surfaces Products-- State the price per square foot(including installation)for basketball synthetic sports surfaces products for outdoor use. NOTE: I)For manufacturer's that sell Basketball Synthetic direct,we will only consider proposal responses from 27 Outdoor Sports the manufacturer. 2)For manufacturers that sell NO BID NO BID Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. PROPOSAL NOTE qare required to be submitted with Proposal Detailed Information of services are require to be submitted with Proposal Page 8 of 17 FORM 0 VBoard' W-- . Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish vatiugs 1r'celisn must be submitted with Proposal or Proposal will not be considered'.) List Name of Prnduck(s) � � z Offered-this info rniakion W Price Per Square MUST be provided or your . Section III:Sports Surfaces(Indoor and Outdoor) PRODUCTS INCLUDING Foot Including proposal will not be {a INSTALLATION �.;;:; , .r r. .: :., .< Installation considered: Exce BASEBALL SYNTHETIC OUTDOOR Sports Surfaces Products-- State the price per square foot(including installation)for baseball synthetic sports surfaces products for outdoor use. NOTE: 1)For manufacturer's that sell Baseball Synthetic direct,we will only consider proposal responses from Please see attached 28 Outdoor Sports the manufacturer. 2)For manufacturers that sell listing Please see attached listing Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation Ifrom the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS, I i TRACT(SYNTHETIC OUTDOOR Sports Surfaces Products - State the price per square foot(including installation)for track synthetic sports surfaces products for outdoor use. NOTE: 1)For manufacturer's that sell direct,we will Track Synthetic only consider proposal responses from the Please see attached 29 Outdoor Sports manufacturer. 2)For manufacturers that sell through a listing Please see attached listing Surfaces dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. PROPOSAL NOTE 1.Catalogs/Pricelisls are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 9 of 17 FORM 0 'Board- Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Prceiists must be submitted with Proposal or Proposal will not be considered.) List Name of Product(s) Offered-this information Price Per Square MUST be provided or your Section III:Sports Surfaces(Indoor and Outdoor)--PRODUCTS INCLUDING Foot Including proposal will not be INSTALLATION Installation considered. Exceptions TENNIS SYNTHETIC OUTDOOR Sports Surfaces Products-- State the price per square foot(including installation)for tennis synthetic sports surfaces products for outdoor use. NOTE: 1)For manufacturer's that sell Tennis Synthetic direct,we will only consider proposal responses from Please see attached 30 Outdoor Sports the manufacturer. 2)For manufacturers that sell listing Please see attached listing Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. All OTHER SYNTHETIC OUTDOOR Sports Surfaces Products-- State the price per square foot(including installation)for all types of synthetic sports surfaces products for outdoor use. NOTE: 1)For manufacturer's that sell All Other Synthetic direct,we will only consider proposal responses from please see attached 31 Outdoor Sports the manufacturer. 2)For manufacturers that sell listing Please see attached listing Surfaces through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. PROPOSAL NOTE 1.Catalogs/Pricelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitter)with Proposal Page 10 of 17 FORM O Board' Z 0 Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considers List Name of Product(s) Offered-this information Price Per Square MUST be provided or your Section III.Sports Surfaces(Indoor and Outdoor) -PRODUCTS INCLUDING Foot Including proposal will not he INSTALLATION. Installation considered. .. Exceptions All NATURAL GRASS OUTDOOR Sports Surfaces Products--State the p- square foot(Including Installation)for all types al grass sports surfaces products for outdoor use. NOTE: 1)For manufacturer's Natural Grass that sell direct,we will only consider proposal 32 Outdoor Sports responses from the manufacturer. 2)For manufacturers $_No Bid_ NO BID Surfaces that sell through a dealer network,we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST of ALL APPROVED INSTALLERS. .All INDOOR WOODEN Sports Surfaces Products -- State t e jotx per zyuare foot(including installation)for all types ,wooden sports surfaces products for Indoor use. NOTE: 1)For manufacturer's that sell direct,we will only Indoor Wooden consider proposal responses from the manufacturer. 33 Sports Surfaces 2)For manufacturers that sell through a dealer network, $_No Bid_ NO BID we will consider proposal responses from dealers with written documentation from the manufacturer authorizing the dealer to submit on their behalf. 3)MANUFACTURERS MUST PROVIDE LIST OF ALL APPROVED INSTALLERS. PROPOSAL NOTE 1.Catalogs/Pncelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 11 of 17 FORM O Board° Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considerer;:' y , f State Discount(9/b) d ittt • rr Off RS Means State Discount(/°)Off' i � "Total INCL 0&P" RS Means"Total INCL , lis , ,qui u br.:`' 4 column for work O&P"column for work Section IV: Sports Surfaces(indoor and Outdoor) -REPAIR AND RENOVATION during normal work during other than normal P 4� � µ OF SPORTS SURFACES hours work hours Exce tt' Repair/Renovation of Indoor Football Sport Surfaces-- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current ° ° Synthetic Turf Surfaces /° 34 of Indoor Football edition). Discount to be off the"Total INCL O&P"column for of _17.5 8.75 /D and Subgrade ONLY Sport Surfaces all types Indoor Sports Surfaces Repair/Renovation including all labor,materials,supplies,equipment,etc. Repair/Renovation of Indoor Basketball Sport Surfaces Repalr/Renovation -State the(%)discount off RSMeans Cost Data(most current 35 of Indoor Basketball edition). Discount to be off the'Total INCL 0&P"column for of No Bid % No Bid % Sport Surfaces all types Indoor Sports Surfaces Repair/Renovation including all labor,materials,supplies,equipment,drainage systems, sitework,etc. Repair/Renovation of Indoor Baseball Sport Surfaces-- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current ° ° Synthetic Turf Surfaces 36 of Indoor Basetball edition). Discount to be off the"Total INCL 0&P"column for of /0 _17.5 /0 8.75 and Subgrade ONLY Sport Surfaces all types Indoor Sports Surfaces Repair/Renovation including all labor,materials,supplies,equipment,etc. PROPOSAL NOTE 1.Catalogs/Pricellsts are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 12 of 17 FORM o Board" W.Ve+Mb.�M Proposal No.476-1S-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricellsts must be submitted with Proposal or Proposal will not be considered.) "P, State, State Discount(%) Off RS Means State Discount(%)Off "Total INCL O&P" RS Means"Total INCL column for work O&P"column for work , Section IV: Sports Surfaces(Indoor and Outdoor) -REPAIR AND RENOVATION during normal work during other than normal l OF.SPORTS SURFACES hours ,work_h,o.urs Exceptions Repair/Renovation of Indoor Track Sport Surfaces-- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current 37 of Indoor Track edition). Discount to be off the'Total INCL O&P"column for of _17.5 % 8.75 Sport Surfaces all types Indoor Sports Surfaces Repair/Renovation including all labor,materials,supplies,equipment,etc. Repair/Renovation of Indoor Tennis Sport Surfaces - Repair/Renovation State State the(%)discount off RSMeans Cost Data(most 38 of Indoor Tennis current edition). Discount to be off the'Total INCL O&P" 17.5 % 8.75 Sport Surfaces column for of all types Indoor Sports Surfaces Repair/Renovation including all labor,materials,supplies, equipment,etc. Repair/Renovation of All Other Indoor Sport Surfaces-- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current 39 of All Other Indoor edition). Discount to be off the'Total INCL 0&P"column for of _17.5 % 8.75 % Sport Surfaces all types Indoor Sports Surfaces Repair/Renovation Including all labor,materials,supplies,equipment,etc. PROPOSAL NOTE 1.Catalogs/Pdoelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 13 of 17 FORM O Board- Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be considered'.) State Discount(%) 4,® Off RS Means State Discount(%)Off "Total INCL O&P" RS Means"Total INCL column for work O&P"column for work Section IV: Sports Surfaces(Indoor and Outdoor) REPAIR AND RENOVATION during normal work during other than normal OF SPORTS SURFACES hours work hours Exceptions Repair/Renovation of Outdoor Football Sport Surfaces-- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current 40 of Outdoor Football edition). Discount to be off the'Total INCL O&P"column for of As this pertains to all types Indoor Sports Surfaces Repair/Renovation including all —17.5 % 9.75 % synthetic eld Surfaces Sport Surfaces labor,materials,supplies,equipment,drainage systems, sitework,etc. Repair/Renovation of Outdoor Basketball Sport Repair/Renovation Surfaces--State the(%)discount off RSMeans Cost Data 41 of Outdoor (most current edition). Discount to be off the"Total INCL 0&P" No Bid % No Bid Basketball Sport column for of all types Indoor Sports Surfaces — — Surfaces Repair/Renovation including all labor,materials,supplies, equipment,drainage systems,sitework,etc. Repair/Renovation of Outdoor Baseball Sport Surfaces- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current of Outdoor edition). Discount to be off the"Total INCL 0&P"column for of As this pertains to 42 Basethall Sport all types Indoor Sports Surfaces Repair/Renovation including all —17.5 % 8.75 % synthetic field Surfaces Surfaces labor,materials,supplies,equipment,drainage systems, sitework,etc. PROPOSAL NOTE 1.Catalogs/Pricelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 14 of 17 FORM O FrBoard- Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricelists must be submitted with Proposal or Proposal will not be oonsideredz.) State Discount(%) Off RS Means State Discount(%)Off "Total INCL O&P" RS Means"Total INCL column for work O&P"column for work Section IV; Sports Surfaces(Indoor and Outdoor)--REPAIR AND RENOVATION during normal work during other than normal OF SPORTS SURFACES hours work hours Exceptions Repair/Renovation of Outdoor Track Sport Surfaces- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current 43 of Outdoor Track editron). Discount to be off the'Total INCL O&P"column for of 17.S / g,75 % As this pertains to Sport Surfaces all types Indoor Sport,Surfaces Repair/Renovation Including ail synthetic field Surfaces labor,materials,supplies,equipment,drainage systems, sitework,etc. Repair/Renovation of Outdoor Tennis Sport Surfaces-- Repair/Renovation State the(%)discount off RSMeans Cost Data(most current 44 of Outdoor Tennis edition). Discount to be off the`Total INCL O&P"column for of 17As this pertains to Sport Surfaces all types Indoor Sports Surfaces Repair/Renovation including all synthetic field Surfaces labor,materials,supplies,equipment,drainage systems, sitework,etc. Repair/Renovation of All Other Outdoor Sport Surfaces- Repair/Renovation -State the(%)discount off RSMeans Cost Data(most current 45 of All Other edition). Discount to be off the"Total INCL O&P"column for all _17.5 % g 7S % As this pertains to Outdoor Sport types Outdoor Sports Surfaces Repair/Renovation Including all synthetic field Surfaces Surfaces labor,materials,supplies,equipment,drainage systems, sitework,etc. PROPOSAL NOTE 1.CataloggPricehsts are required to be submitted with Proposal 2.Detalled Information of servioes are require to be submitted with Proposal Page 15 of 17 FORA?0 A` Board° � � Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pricellsts must be submitted with Proposal or Proposal will not be mnslder vy� State Discount(a/o) Off RS Means State Discount c/n Off. *� "Total INCL O&P" RS Means"Total INCL column for-work O&P"column for work, ti during norma]work during other than normal .. � 9 mk r I Section V: Sports Surfaces' Outdoor - SIEsWQ#� RC�RTW SURFACES hours work hours Exceptions I Site Work,Including Site Work,including but notlimited to drainage,site but not limited to prep work,etc.--State the(o/o)discount off RSMeans Cost 46 drainage,site prep Data(most current edition). Discount to be off the"Total INCL _17.5 % n/a work,etc. 0&P"column for all types of site work including all labor, materials,supplies&equipment iui ek r DEFINE SERVICES2 nn�aa33 !t , "ta"h't ka1u�''r "3 Clearly defrne the services that 5 t ' 4! W� 1 are proposed to be provided ,+ a and attach detailed information. (NOTE:IF - lr� � ➢FT0.ILEpTNFQRNtATTON IS>N Is �. Per uare Foot t qq ,ry pyX fl 1 � NOT SUBMITTED,PROPOSAL ' y rf S rRrice wiLL'NoTaE-CONSIDERED"tExcepi4 _. Refinishing of Refinishing of Wooden Gymnasium&Stage Floors-- 47 Wooden State the per square foot price for all types of refinishing of $--No Bid_ NO BID Gymnasium& wooden gymnasium&stage floors Including all labor, Stage Floors materials,supplies&equipment. PROPOSAL NOTE 1.Catalogs/Pricelists are required to be submitted with Proposal 2.Detailed Information of services are require to be submitted with Proposal Page 16 of 17 FORM O Board" Proposal No.476-15-Indoor/Outdoor Flooring Products,Sports Surfaces,Wood/Concrete Floor Refinish (Catalogs/Pncelists must be submitted with Proposal or Propose]will not be considered .) State Percent(elo) of Discount off State Name of Section VII:Artificial/S nthetic Turf Testing and Consulting Services Catalog/Pricelist Catalo /Pricelist', Exceptions Discount(%)Off Catalog/Price List Artificial/Synthetic Turf Testing Services--State the Please see attached 48 for Artificial/ discount(°Jo)off catalog/priceiist.catalog/Pricelist MUST be Please see attached listing Synthetic Turf included or response will NOT be considered. listing Testinci Services Discount(%)Off Catalog/Price List Artificial/Synthetic Turf Consulting Services--State the Please see attached 49 for Artificial/ discount(%)off catalog/phcelist.Catalog/Pricelist MUST be listing Please see attached listing Synthetic Turf included or response will NOT be considered. Consulting Services Discount(%)Off Catalog/Price List Artificial/Synthetic Turf Repair Services--State the Please see attached 50 for Artificial/ discount(%)off Catalog/pricelist.Catalog/Pricelist MUST be ling Please see attached listing Synthetic Turf included or response will NOT be considered. Repair Services Discount(°J°)Off Catalog/Price List Clean,Groom,and Disinfect Services of for Clean,Groom,&Artificial/Synthetic Turf--State the discount(%)off Please see attached 51 Please see attached{fisting Disinfect Services of catalo g/priCeliSt.Catalog/Pricelist MUST be included or response listing Artificial/Synthetic will NOT be considered. Turf Discount(°Jo)Off Discount(%)list G-Max Testing Services--State the discount(%)off Please see attached 52 for Catalog/Price -Max Testing catalog/pricelist.Catalog/Pricelist MUST be included or response listing Please see attached listing Services will NOT be considered. Discount(%)Off Catalog/Price List All Other Artificial/Synthetic Turf Related Services-- for All Other Please see attached 53 Artificial/Synthetic State the discount(%)off catalogJprtcellst.catalog/Pricelist listing Please see attached listing Turf Related MUST be included or response will NOT be considered. Services PROPOSAL NOTE 1.catalogs/Priceiists are required to be submitted with Proposal 1 Detailed Information of services are require to be submitted with Proposal Page 17 of 17 FORM O HELLAS CONSTRUCTION,INC. SYNTHETIC OUTDOOR SPORTS SURFACES BUY BOARD PRICE LIST PRICE RUNNING TRACK SURFACING/REPAIR Hata S W Fox LR-0,pw Square yid exred on 5200 SY) f 20.90 Han Ssal Flax LR-0 W6 Loquar Coat,paregwn yard(based on 5200 SY) $ 21.95 Hen e00 Tracks 100,per square yard(bud an 5200 SY) $ 19.90 Nen mPIQ Trades 51200,pet square ysd Qasad an 5200 SY) f 26.00 Neta epl0 Tads V3110,per equal*yard Mosel on 5200 SY) f 31.50 Han.00 Trade X1000,Par equw yard(bred an 5200 SY) f 48.00 Hen SPiO Trade 03000,Par square yard peed an 5200 SY) f 47.00 Hen SOO Trades 01000,Per Squaw yead Qnaed an 6200 SY) f 50.50 Nen splQ Tracks ZSM,Par aqu re yard(brad on 5200" $ 59.00 Holm spi0 Trades DYAD.Par Squaw yard Qread a 5200 8Y) f 64.00 ftsn ap10 Trade 100 506 tagew Cost per squaw yard(bred an 5200 SY) s 2230 Nstr spl0 Traria 5200 RETOP,paw Squaw yard Qnsd an 5200 SY) f 15.75 Han opict Tads V3W RETOP,W apo ywd(based on 5200 SY) f 21.00 Patch Lala Ohio*,min n um 100 Squaw ysda,per Squaw yard $ 26.00 Patch Lars pod),mkirmarm 100 Squaw yards,per puna yard $ 36,25 Patch PsNwMbaea,5200 System pr squaw yard f 39.25 Patch Pdyura0arn,V3W mywtern,par squire yard $ 42.75 Patch Polyurathows.X1000 ayell pa equal yard It 73.50 Patch Polyaatlnne.G4000 syafam,Par square yard f 28.00 Reships 041 team trade f 8,180.00 CONSTRUCTION ITEMS rX17 continual rddarcad crmcrots oaks,inininexn gmarft 1312 LP $ 25,750.00 PayMatn c,- I mnessd,r ke6 dos Wtlu 11W dein Pte and 18e-K minimum f 97,000.00 g9auBy 1312 LF VamhW Moo OW pix,ownptets,10fX 2r Wth sad f 5,250.00 CangNs 8aamrk 4'riick w9h card oaNun Or Wok concrete 4000 PSI,6X8 f 7.15 WNIF.prim par Squaw rat Qerea an 2500" Prm4nyteswed FootM Paid,Including:excavation,grand compaction W9r f 345,1100.00 ,alarwmndMa ing,sMm waMdwer/on,nwi-pwnnmMm bar,drainage senna,oo-sere euro,noaoer wroa at-I s t;eadiata,hdnalwsyS6MfWI$md W80,000<FdimM om.y 19 MM Cush Drain Shock Pad,per square fool(based on 80,000 SFS f 1.75 Alternate 19 MM E-LaW Sback Pad,per square foot Qmasad oar 60.000 SFS f 1.05 Gommudn6on bows,hatstd,for botbSdi tY Installation f 1,150.00 Ir offset goal paw,3r tap Will,awdimd,anrPleb 506 fourAnOwo $ /9,119.90 SYNTHETIC TURF(IndoodOuld0od Velodly 40 ozaymhNa Yaf ayahrn,Par Squaw 1.0 @ W on SOXO SM $ 3.95 9nunectn 38 oot srdhWc tW$yA m.FerrSeuaw teat greed a 50,000 Sf) f 4.10 Fusion,40 ax.syrdhe90 tW sywre,Per equra l+v fixesd an 1110.11100 0P) f 3.56 j masa 4'c azsynmenc ml*eriem,per square ion,)uasen on 80.OW SF) f 4.00 Matrix46 oz.synthetic tud system,per square foot(based on 80,000 SF) f 4.35 Line Item 31 Matrix 40 aaeyrdluetic tart sycteri moi a n,.o.�,,,��.o r,,,,.rbAied as 80,009 w) f 0.12 -- W exsyru9uedic rRsyarrty purr s 6NaS 6L vnm t en 80,a0D s� f 4.60 MMh TVW NW yaw pro am)"vft u:Orf System,Paw pars tsat paved a 80.0000n f 4.86 MShk Sit VA die ant widen►REAL fmccer NOtMIaO par Square teal(iced an 50.000 M f 4.1117 Makkt sI ami o bmf ayd m.MONO.9LIDE"hoekq mppiatn)pw oquw bot(basd a W,000 8 f 9.75 kiaid Numbers 8 Armws,par fald It 6,200.00 CGMW Fiats Looe,2 suss l5 alum,sb dwd aloe f 17.850.00 End Zonm LO0 ws,sin oda f 1,275.00 End zone Lw95re,it"caws f 1.M.00 Heshmada f 6.111110.00 Lacrosse Bell Rees,compere 'a 1,600.01 Soccer field Ones,complete,yellow Or White $ 4,600.00 Line Item 31 Manufacturers Maintenance Equipment $ 7,150.00 Tufted Fowbef Gr,*-Makingshto CHARS Line Item 31 TM Morn wPW oma,mwdw ad ischdd,per day $ 3,100.00 TWe peaa arwv-d mp ebm.2,ft syr NN ami wPdrofith iaablel f 16.050.00 sprry act up to 4000 6a,of wdi0aruat alba and pteew swat SYNTHETIC TURF-Teatina/Conaultina ArMddOyMbek Tud Testing Swvkr Q-W an products listed) f 2JW.00 AMddOynbeft TW CarauMing Saslow Oa-twl Per how) f 400.00 Test Rea,,,,,?T ,,v (acture tdwd Par hose f 250.00 teen,dmom and 0ishdec�u�nr����--ynnreOc TZo4erFwo�Bond Palls" i e,000.00 Galax Testing Services(price listed per field) f 1,350.00 Line Item 52 All Other Artificial/Synthetic Turf Related Services per occurRnae Hellas Construction,Inc.-City of Fort Worth Gateway Park Synthetic Turf Surface-3 Soccer Fields IC T sk Nair Eks.bn I Start Rrish Jenusry '28 February Mardi 12,31 l I, Pr'e-Construction Schedule _ 8 Thu 8 Notice to Proceed 1 day Thu 1/4118 Thu 114118 W,Notice to Proceed ; 3 Contracts 1 day Fn 115/18 Fri 1;5118 nrraem 1, a Pre-Construction Meeting 1 day Mon 1/8/16 Mon 1/8118 �P,,4o,tm,der,Meeting s - u S ---- ---- — -- Submittal Approval 1 day Mon 118118 Mon 1/8/18 ppro..l ' s Mobilization 1 day Tue 1!911 8 Tue 119118 Mobil- io T X3'°9 'Wed 1/10/18 Fri 2H 6/18 9 Cushdrain Material Order 9 days Wed 1!10118 Mon 1!22'18 I, ga.hdrem M-6.1 Omer 10 Synthetic Turf Material Order 10 days Wed 1/10/18 Tue 1123/18 ,sViriene T•n.Meeerbil order 11 Existing Synthetic Turf&Nailer Rernova. 3 days Wed 1/10/16 Fri 1112/18 hmg syMhHk d s wg.r Remwel 12 Re-Grade Base Stone 4 days Mon 1115118 Thu 1118118 Recti Rose store 13 ___ Cushdrain Material Delivery 1 day Tue 1123M 8 Tue 1123118 .cemdrem Meunel a.IhRry 14 Synthetic Turf Materiel Delivery 1 day Wed 1124118 Wed 1/24118 -Turr Marenmoelly.ry is Cushdrain Installation 4days Wed 1124118 Mon 1129116 1 .cucndrem mmen.uon 16 Synthetic Turf Installation 14 days Tue 1/30118 Fri 2118118 sy rack ren rnmmma 1T eoccei Rugby 53 days Mon 1/15118 Thu 3/8/18 ie Cushdrain Material Order 9 days Mon 111511 B Thu 1!25118 M u-/Order 19 Synthetic Turf Material Order 10 days Mon 1115118 Fri V26, , 8gyp tik tit r n Matenaromer m Existing Synthetic Turf&Nailer Removal 3 days Mon 1115/16 Wed 1/17/18 I'. 'ming symnenpaaarR .vel 21 Re-Grade Base Stone 4days Fri V19118 Wed 1124118 Re-orad.e...srone n Cushdrain Material Delivery 1 day Tue 1130/18 Tue 1130118 M.1.nal delivery 33 Synthetic Turf Material Delivery 1 day Mon 1/29118 Mon 1129118 2e Cushdrain Installation 4 days Wed 1131118 Mon 215/18 1 rc•• re+n- t•g°N•^- zs Synthetic Turf Installation 14 days Mon 2119!18 Thu 3/8118 syntNur T.n Inelanaima Soccer#2 ° .� 79 days Tue 119/18 Wed 3/28/18 21 Cushdrain Material Order 9 days Tue 119119 Fn 1199118 -ha - eseredel oras zB Synthetic Turf Material Order 10 days Tue 1/9118 Mon 1/22/18 gr hehc nn MateNalo r 19 Existing Synthetic Turf&Nailer Removal3 days Thu 1118118 Mon 1/22118 s-r g symebc Tuns Iter Removal 3o Re-Grade Base Stone 4 days Thu 1125118 Tue 1130!18 R-area. ..fit... 31 Cushdrain Material Delivery 1 day Mon 1122!18 Mon 112V18 j c+.cndr++^M°feria o.0 31 Synthetic Turf Material Delivery t day Tue 1123118 Tue 1123/18 syncn•ii<Tvdwu.+m n•.y 3' Cushdrain Installation 4 days Tue 2/6/18 Fri 219118 r„cndwm.lxamlai.0 3a Synthetic Turf Installation '.4 days Fri 319118 Wed 3/23118 symmello Txnlnanu.aen a:�E, �., as ,, Project closeli 5 days Fri X23MB Thu 3/29/16 �1 38 Submit Closeouts /day Fri 3r23i18 Fri 31231'8 Surma Ckseours�p 3T Final Walk Through 1 day Thu 3/29118 Thu3729(18 Finer walk rhmwn U Turf Warranties 1 day Thu 3129/18 Thu 3/29118 nu[warrentiee ae project Completion 0 days Thu 3129/18 . Thu 3/29/18 Task Rolled Up Calm Task " Project Summary 9 iiiiiiii—iii�9 Inei Summary 7--V 6t.0-sy [ CrdYer Task ® Rolled Up kLeestone Q Croup By 6-1 V----1 Manuel Tesk —' Fbisronly 3 este:Fn 1a2N17 hia'ift— ♦ Roged Up Pmgresa InatlA,e Test, ot,,so only ..,. Prose. ssmrraro ----1 SpN Inephe Tsek :__.._.. M-1 S,irr yri Deadkns Rolled Up Task ENtemal Tee. hili Mikstone Mmmd summary Pagel r 1 "` GAlEM1AYPARK TIIRf 1 Rf PIACEMEWT .r`IMa � rr�.amx� FppT WORRI.TFX0.2. X �matrftTURF] d.a a COLOR°'-40ERIW.G " va 44 Exhibit B Insurance Prior to the time Contractor is entitled to any right of access to or use of the Site, Contractor shall procure, pay for and maintain the following insurance written by companies approved by the State of Texas and acceptable to City. The insurance shall be evidenced by delivery to City of executed certificates of insurance and/or certified copies of policies as determined by City. Contractor covenants and agrees to obtain and keep in force during the term of this Agreement, Commercial General Liability Insurance, Including Personal Injury Liability, Independent Contractors Liability and Contractual Liability covering, but not limited to, the liability assumed under the indemnification provisions of this Agreement, with limits of liability for bodily injury (including death) and property damage of not less than One Million Dollars($1,000,000),with an aggregate of not less than Two Million Dollars($2,000,000) . All insurance policies shall include the following: 1) The term of insurance is for the duration of the Agreement, which includes the period from the right of access to set-up through the period allowed for removal of property; 2) The Contractor is responsible for providing the City a thirty-day(30)notice of cancellation or non-renewal of any insurance policy and may not change the terms and conditions of any policy that would limit the scope or coverage, or otherwise alter or disallow coverage as required herein; 3) All policies shall include a Waiver of Subrogation(Right of Recovery)in favor of the City of Fort Worth. 4) a) Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be approved by Risk Management. b) Any self-insured retention (SIR) in excess of$25,000.00, affecting required insurance coverage, shall be acceptable to and approved by Risk Management in regards to asset value and stockholders' equity. In lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by Risk Management. c) Company issuing the insurance policy shall have no recourse against the City of Fort Worth for payment of any premiums or assessments for any deductibles which all are at the sole risk of Contractor; 5) The terms "Owner", "City" or City of Fort Worth shall include all authorities, Boards, Bureaus, Commissions, Divisions, Departments, and Offices of the City and the individual members, employees and agents thereof in their official capacities and/or while acting on behalf of the City of Fort Worth. 6) The policy clause"Other Insurance" shall not apply to any insurance coverage currently held by City,to any future coverage, or to City's self-insured retention of whatever nature. 7) The City, its officials, employees, agents and officers shall be endorsed as an "Additional Insured"to all policies except Employers Liability coverage. 8) Coverage shall be written on a Per Occurrence basis and the policy shall include Broad Form Property Damage Coverage with an insurance company satisfactory to City. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. When required, Excess Liability shall follow form of the primary coverage. 9) Automobile Liability Insurance shall provide coverage on any automobile, including and defined as automobiles owned, hired and non owned with a One Million Dollar($1,000,000) combined single limit per accident or$250,000 Property Damage and$500,000 Bodily Injury per person,per occurrence. Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 9 of 11 10) Contractor shall carry Workers Compensation and Employers Liability Insurance with minimum limits of$100,000 each accident/occurrence, $100,000 Disease each employee and $500,000 Disease policy limit. 11) All policies shall be written by an insurer with an A-:VIII or better rating by the most current version of the A. M. Best Key Rating Guide or with such other financially sound insurance carriers acceptable to the City. 12) Deductibles shall be listed on the Certificate of Insurance and shall be on a"per occurrence" basis unless otherwise stipulated herein. 13) If coverage is underwritten on a claims-made basis, the retroactive date shall be coincident with or prior to the date of the contractual agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the contractual agreement and for five (5) years following completion of the service provided under the contractual agreement or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 14)Certificates of Insurance shall be delivered to the address for notice in Section 28,evidencing all the required coverages,including endorsements. Contractor hereby waives subrogation rights for loss or damage against City,its officers,agents and employees for personal injury(including death),property damage or any other loss. Contractor shall not do or permit to be done anything in or upon any portion of the Site, or bring or keep anything therein or thereupon which will in any way conflict with the conditions of any insurance policy upon the Site or any part thereof, or in any way increase the rate of fire insurance upon the Site or on property kept therein, or in any way obstruct or interfere with the right of the other tenants of the Site, or injure or annoy them. The City may terminate this Agreement immediately upon the failure of the Contractor to provide acceptable documentation of insurance as required by this Agreement. Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 10 of 11 Exhibit C City's Construction General Conditions Contract for Services Between the City of Fort Worth and Hellas Construction,Inc. 11 of 11 1 0061 13-1 PERFORMANCE BOND Page 1 of 2 1 SECTION 00 6113 Bond No. 022058803 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we, Hellas Construction, Inc. ,known as 9 "Principal"herein and Liberty Mutual Insurance Company ,a corporate 10 surety(sureties,if more than one)duly authorized to do business in the State of Texas,known as 11 "Surety"herein(whether one or more),are held and firmly bound unto the City of Fort Worth,a 12 municipal corporation created pursuant to the laws of Texas,known as"City"herein,in the penal 13 sum of, Two Million One Hundred Thirty Nine Thousand* Dollars 14 ($2,139,887.57 ),lawful money of the United States,to be paid in Fort Worth, 15 Tarrant County,Texas for the payment of which sum well and truly to be made,we bind 16 ourselves,our heirs,executors,administrators,successors and assigns,jointly and severally, 17 firmly by these presents. 18 WHEREAS,the Principal has entered into a certain written contract with the City 19 awarded the 5th day of December ,20-17--,which Contract is hereby referred to and 20 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment 21 labor and other accessories defined by law,in the prosecution of the Work,including any Change 22 Orders,as provided for in said Contract designated as Gateway Park Synthetic Turf Replacement, 23 City Project No. 100569. 24 NOW,THEREFORE,the condition of this obligation is such that if the said Principal 25 shall faithfully perform it obligations under the Contract and shall in all respects duly and 26 faithfully perform the Work,including Change Orders,under the Contract,according to the plans, 27 specifications,and contract documents therein referred to,and as well during any period of 28 extension of the Contract that may be granted on the part of the City,then this obligation shall be 29 and become null and void,otherwise to remain in full force and effect. 30 PROVIDED FURTHER,that if any legal action be filed on this Bond,venue shall lie in 31 Tarrant County,Texas or the United States District Court for the Northern District of Texas,Fort 32 Worth Division. *Eight Hundred Eighty Seven &57/100 CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park City Project No.100569 Revised July 1,2011 0061 13-2 PERFORMANCE BOND Page 2 of 2 1 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 2 Texas Government Code,as amended,and all liabilities on this bond shall be determined in 3 accordance with the provisions of said statue. 4 IN WITNESS WHEREOF,the Principal and the Surety have SIGNED and SEALED 5 this instrument by duly authorized agents and officers on this the 21 st day of 6 December 12017 7 PRINCIPAL: 8 Hellas Construction, Inc. 9 10 - 13 ATT'ES Tank D.Petdni 14 15 Chief OPeMOng Officer 16 (Principal)gecretary Name and Title 17 -D,-j �e lJ2�Yf°t�tf�- 18 Address: 12710 Research Blvd. Ste 240 19 Austin,TX 78759 20 NO 21 fnJ qA[V IN 22tness as to Prin pa 23 �J � SURETY: 24 Liberty Mutual Insurance Company 25 26 27 BY: 28 ignature 29 30 Sara C. Brown,Attorney 31 Name and Title 32 33 Address:175 Berkeley Street 34 Boston, MA 02116 35 36 37 Witness as to Surety Lee Anne Meaux Telephone Number: 972-233-9588 38 39 40 41 *Note: If signed by an officer of the Surety Company,there must be on file a certified extract 42 from the by-laws showing that this person has authority to sign such obligation. If 43 Surety's physical address is different from its mailing address, both must be provided. 44 The date of the bond shall not be prior to the date the Contract is awarded. 45 CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Park City Project No.100569 Revised July 1,2011 0061 14-1 PAYMENTBOND Page 1 of 2 1 SECTION 00 6114 Bond No. 022058803 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, Hellas Construction, Inc. known as 8 "Principal" herein, and Liberty Mutual Insurance Company , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety"herein(whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas,known as "City"herein, 12 in the penal sum of Two Million One Hundred Thirty Nine Thousand* Dollars 13 ($2,139,887.57 ), lawful money of the United States, to be paid in Fort Worth, 14 Tarrant County, Texas, for the payment of which sum well and truly be made,we bind ourselves, 15 our heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these 16 presents: 17 WHEREAS,Principal has entered into a certain written Contract with City,awarded the 18 5th day of December 2017 ,which Contract is hereby referred to and 19 made a part hereof for all purposes as if fully set forth herein,to furnish all materials,equipment, 20 labor and other accessories as defined by law,in the prosecution of the Work as provided for in 21 said Contract and designated as Gateway Park Synthetic Turf Replacement, City Project No. 22 100569. 23 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 24 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 25 Chapter 2253 of the Texas Government Code, as amended)in the prosecution of the Work under 26 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 27 force and effect. 28 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 29 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 30 accordance with the provisions of said statute. 31 *Eight Hundred Eighty Seven &57/100 CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised July 1,2011 0061 14-2 PAYMENTBOND Page 2 of 2 1 IN WITNESS WHEREOF,the Principal and Surety have each SIGNED and SEALED 2 this instrument by duly authorized agents and officers on this the 21 st day of 3 December ,2017 4 PRINCIPAL: Hellas Construction, Inc. AVF—ST: BY: A& Signature k D.petrini 711�( Chid opm—Ong 14A./ officer (Principal) Secretar Name and Title Address: 12710 Research Blvd. Ste 240 Austin,TX 78759 ' ess as tQ Principal [ft IpJ��tM 1 SURETY: Liberty Mutual Insurance Company ATTEST: S' ure Sarah C. Brown,Attorney-in-Fact (Surety)Secretary Name and Title Address: 175 Berkeley Street Boston, MA 02116 Wi ness as to Surety Lee Anne Meaux Telephone Number: 972-233-9588 5 6 Note: If signed by an officer of the Surety, there must be on file a certified extract from the 7 bylaws showing that this person has authority to sign such obligation. If Surety's physical 8 address is different from its mailing address,both must be provided. 9 10 The date of the bond shall not be prior to the date the Contract is awarded. 11 END OF SECTION 12 CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised July 1,2011 This Power of Attorney limits the acts of those named herein,and they have no authority to bind the Company except in the manner and to the extent herein stated,Not valid for mortgage,note,loan,letter of credit,bank deposit,currency rate,interest rate or residual value guarantees. To confirm the validity of this Power of Attorney call 610.832.8240 between 9:00 am and 4:30 pm EST on any business day, Liberty Mutual Insurance Company The Ohio Casualty Insurance Company West American Insurance Company POWER OF ATTORNEY KNOWN ALL PERSONS BY THESE PRESENTS: That The Ohio Casualty Insurance Company is a corporation duly organized under the laws of the State of New Hampshire,that Liberty Mutual Insurance Company Is a corporation duly orgarized under the laws of the State of Massachusetts,and West American insurance Company Is a corporation duly organized under the laws of the State of Indiana(herein collectively caged[he'Companies'j,pursuant to and by authority herein set fouth,does hereby name,constitute and appoint, Mark Sweigart,Todd Bengford,Donald Appleby,Sarah C Brown.Susan J Lattarulo,Ftorietta Acosta of the city of Greenwood Village,state of CO its true and lawful attomey4ni-fact,with full power and authority hereby conferred to sign,execute and acknowledge the following surety bond: Principal Name: Hellas Construction, Inc. Obligee Name: City of Fort Worth Surety Bond Number: 022058803 Bond Amount: $2,139,887.57 IN WITNESS WH4 "1F,this Pov 'Momey has been subscribed by an authorized officer or official of the Companies and the corporate seats of the Companies have been affixed thereto+l53js' ::.;r`h4q[gh,201: NUNSUk9 The Ohio Casualty Insurance Company Liberty Mutual Insurance Company 1912 ° 1919 q 1981 ro Wes merican Insurance Company �SSAH�15`:�% . ,.,+'.';,• 7r . DIAC1h Y By: C David :Carey,Assistant Secretary STATE OF PENNSYLVANIA 5s COUNTY OF MONTGOMERY On this 31lt day of March,2017 before me personally appeared David M.Carey,who acknowledged himself to be the Assistant Secretary of Liberty Mutual Insurance Company,The Ohio Casualty Company,and West American Insurance Company,and that he,as such,being authorized so to do,execute the foregoing Instrument for the purposes therein contained by signing on behalf of the corporations by himself as a duly authorized officer. IN WITNESS WHEREOF,I have hereunto subscribed my name and affixed my notarial seal at King of Prussia,Pennsylvania,on the day and year first above written. 6a P!18rCOMMONWEALTIi OF PENNSYLVANIA Q��&Or15VC Noted.)Seel Teresa Peslef e,Notary P00. B CK Upper Madonlwp.,Mor4fteryCounty y' —~ My Commission ExplresMamh28,2021 TeresaPastella, otaryPublic Q. h'sytvh f> rJ f11 p ? Member,Pennsylvania Association of Notaries This Power of Attomey-is made and executed pursuant to and by authority of the following By-laws and Authorizations of The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company which resolutions are now in full force and effect reading as follows: ARTICLE IV—OFFICERS—Section 12.Power of Attorney.Any officer or other official of the Corporation authorized for that purpose in writing by the Chairman or the President,and subject to such limitation as the Chairman or the President may prescribe,shall appoint such attomeys-in-fact,as may be necessary to act in behalf of the Corporation to make,execute, seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys4ri-fact,subject to the limitations set forth in their respective powers of attorney,shag have full power to bind the Corporation by their signature and execution of any such Instruments and to attach thereto the seal of the Corporation. When so executed,such instruments shall be as binding as if signed by the President and attested to by the Secretary.Any power or authority granted to any representative or attomey- in-fact under the provisions of this art1cle may be revoked at any time by the Board,the Chairman,the President or by the officer or officers granting such power or authority. ARTICLE XIII--Execution of Contracts—SECTION 5.Surely Bonds and Undertakings.Any officer of the Company authorized for that purpose in writing by the chairman or the president,and subject to such limitations as the chairman or the president may prescribe,shall appoint such attorneys-kr-fact,as may be necessary to act In behalf of the Company to make,execute,seal,admowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Such attomeys-in-fact subject to the limitations set forth in their respective powers of attorney,shall have full power to bind the Company by their signature and execution of any such Instruments and to attach thereto the seal of the Company.When so executed such instruments shall be as binding as If signed by the president and attested by the secretary. Certificate of Designation—The President of the Company,acting pursuant to the Bylaws of the Company,authorizes David M.Carey,Assistant Secretary to appoint such attorneys- in-fact as may be necessary to act on behalf of the Company to make,execute,seal,acknowledge and deliver as surety any and all undertakings,bonds,recognizances and other surety obligations. Authorization- By unanimous consent of the Company's Board of Directors,the Company consents that facsimile or mechanically reproduced signature of any assistant secretary of the Company,wherever appearing upon a certified copy of any power of attorney issued by the Company in connection with surety bonds,shall be valid and binding upon the Company with the same force and effect as though manually affixed. I,Renee C.Llewellyn,the undersigned,Assistant Secretary,The Ohio Casualty Insurance Company,Liberty Mutual Insurance Company,and West American Insurance Company do hereby certify thatthe original power of attorney of which the foregoing Is a full,true and correct copy of the Power of Attorney executed by said Companies,is in full force and effect and has not been revoked. IN TESTIMONY WHERM-,I trove hereunto set my hand and affixed the seals of said Companies this 21 St day of Decem ber 2o.17 J�41N5Uyq �P4q(INSu� k.w+NSURq, �"4kfe�_�By:1912 o1919 1991a ee C.Lle a Assistant Secretar Q a w �'?fSrArrnu4�F'. �S.,r��t'%tnrneS�r� � �NoIANP � Liberty Mutual. SURETY TEXAS TEXAS IMPORTANT NOTICE AVISO IMPORTANTE To obtain information or make a complaint: Para obtener informacion o para someter una queja: You may call toll-free for information or to Usted puede llamar al numero de telefono gratis make a complaint at para informacion o para someter una queja al 1-877-751-2641 1-877-751-2641 You may also write to: Usted tambien puede escribir a: Interchange Corporate Center Interchange Corporate Center 450 Plymouth Road, Suite 400 450 Plymouth Road, Suite 400 Plymouth Meeting, PA 79462-8284 Plymouth Meeting, PA 79462-8284 You may contact the Texas Department of Puede comunicarse con el Departamento de Insurance to obtain information on companies, Seguros de Texas para obtener informacion coverages, rights or complaints at acerca de companias, coberturas, derechos o 1-800-252-3439 quejas al 1-800-252-3439 You may write the Texas Department of Insurance Puede escribir al Departamento de Seguros Consumer Protection (I I IAA) de Texas Consumer Protection (I I IAA) P. O. Box 149091 P. O. Box 149091 Austin,TX 78714-9091 Austin,TX 78714-9091 FAX: (512)490-1007 FAX# (512)490-1007 Web: http://www:tdi.texas.gov Web: http://www.tdi.texas.gav E-mail: ConsumerProtectionntd.i.texas.gov E-mail:ConsumerProtection,c tdi.texas.gov PREMIUM OR CLAIM DISPUTES: DISPUTAS SOBRE PRIMAS O RECLAMOS: Should you have a dispute concerning your Si tiena una disputa concerniente a su prima o a premium or about a claim you should first un reclamo, debe comunicarse con el agente o contact the agent or call 1-800-843-6446. primero. Si no se resuelve la disputa, puede If the dispute is not resolved, you may contact the entonces comunicarse con el departamento (TDI) Texas Department of Insurance. ATTACH THIS NOTICE TO YOUR UNA ESTE AVISO A SU POLIZA: POLICY: This notice is for information only and does not Este aviso es solo para proposito de informacion become a part or condition of the attached y no se convierte en parte o condicion del document. documento adjunto. NP 70 68 09 01 006216 CERTIFICATE OF INSURANCE The Certificate of Insurance shall be provided to the Owner by the Successful Bidder prior to conforming of documents.Certificate will be included in the documents to be executed by the Owner and in the conformed construction Contract Documents. END OF SECTION Certificate of Insurance 00 62 16 1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 TejaXXr M All d"I CR) WORKERS' COMPENSATION AND EMPLOYERS f W�.L LIABILITY INSURANCE POLICY jnsuranceCon�p�ny WC 42 03 04 B TEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy.We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. ( ) Specific Waiver Name of person or organization ( X ) Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to fumish this waiver. 2. Operations: ALL TEXAS OPERATIONS 3. Premium The premium charge for this endorsement shall be--2-JUL percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s)arising out of the operations described. 4.Advance Premium INCLUDED, SEE INFORMATION PAGE, This endorsement changes the policy to which it Is attached effective on the Inception date of the policy unless a different date Is Indicated below. (The following"attaching clause"need be completed only when this endorsement is Issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time,forms a part of Policy No. TSF-0001283920 20160306 of the Texas Mutual Insurance Company Issuedto HELLAS CONSTRUCTION INC Endorsement No. Premium$ .r- NCCI Carrier Code 29939 Authorized Representative WC420304B(ED.6-01-2014) INSURED'S COPY NXGOMEZ 3-10-2016 POLICY NUMBER: A6CA 991-'` ; COMMERCIAL AUTO CA 04 44 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US (WAIVER OF SUBROGATION) This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hellas Construction, Inc. Endorsement Effective Date: 03/05/17 SCHEDULE Name(s)Of Person(s)Or Organization(s): Blanket as required by executed written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident' or the 'loss" under a contract with that person or organization. CA 04 4410 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 POLICY NUMBER: A6CA11991700 COMMERCIAL AUTO CA 20 48 10 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. DESIGNATED INSURED FOR COVERED AUTOS LIABILITY COVERAGE This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s)who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: Hellas Construction, Inc. Endorsement Effective Date: 03/05/17 SCHEDULE Name Of Person(s)Or Organization(s): Blanket as required by executed written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured"for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II — Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I — Covered Autos Coverages of the Auto Dealers Coverage Form. CA 20 48 10 13 ©Insurance Services Office, Inc., 2011 Page 1 of 1 OLD REPUBLIC INSURANCE COMPANY ADDITIONAL INSURED-PRIMARY AND NON-CONTRIBUTORY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s)or organization(s)who are"insureds" under the Who Is An Insured Provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. SCHEDULE Name of Person(s)or Organization(s) : Blanket as required by executed written contract (If no entry appears above, information required to complete this endorsement will be shown in the Declarations as applicable to the endorsement.) Each person or organization shown in the Schedule is an"insured"for Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured Provision contained in Section II of the Coverage Form. If the person or organization shown in the schedule qualifies as an `insured'for Liability Coverage, and they have coverage as a first named insured under another policy, this policy is primary to and non-contributory with that other insurance. All other terms, conditions, and exclusions apply. Named Insured Hellas Construction, Inc. Policy Number A6CG11991700 Endorsement No. Policy Period 03/05/17 to 03/05/18 Endorsement Effective Date: 03/05/17 Producer's Name: Producer Number- AUTHORIZED umberAUTHORIZED REPRESENTATIVE DATE CA EN GN 0044 02 12 Page 1 of 1 COMMERCIAL GENERAL LIABILITY CG 20 01 0413 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. PRIMARY AND NONCONTRIBUTORY - OTHER INSURANCE CONDITION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART The following is added to the Other Insurance (2) You have agreed in writing in a contract or Condition and supersedes any provision to the agreement that this insurance would be contrary: primary and would not seek contribution Primary And Noncontributory Insurance from any other insurance available to the additional insured. This insurance is primary to and will not seek contribution from any other insurance available to an additional insured under your policy provided that: (1) The additional insured is a Named Insured under such other insurance; and CG 20 01 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: A6CG11991700 COMMERCIAL GENERAL LIABILITY CG 20 10 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - SCHEDULED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Locations Of Covered Operations Blanket as required by executed written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following additional organization(s) shown in the Schedule, but only exclusions apply: with respect to liability for"bodily injury", "property This insurance does not apply to "bodily injury" or damage" or "personal and advertising injury" '.property damage"occurring after: caused, in whole or in part, by: 1. All work, including materials, parts or 1. Your acts or omissions; or equipment furnished in connection with such 2. The acts or omissions of those acting on your work, on the project (other than service, behalf; maintenance or repairs) to be performed by or in the performance of your ongoing operations for on behalf of the additional insured(s) at the the additional insured(s) .at the location(s) location of the covered operations has been designated above. completed; or However: 2. That portion of "your work" out of which the injury or damage arises has been put to its 1. The insurance afforded to such additional intended use by any person or organization insured only applies to the extent permitted by other than another contractor or subcontractor law; and engaged in performing operations for a 2. If coverage provided to the additional insured is principal as a part of the same project. required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 10 04 13 ©Insurance Services Office, Inc., 2012 Page 1 of 2 C. With respect to the insurance afforded to these 2. Available under the applicable Limits of additional insureds, the following is added to Insurance shown in the Declarations; Section III—Limits Of Insurance: whichever is less. If coverage provided to the additional insured is This endorsement shall not increase the required by a contract or agreement, the most we applicable Limits of Insurance shown in the will pay on behalf of the additional insured is the Declarations. amount of insurance: 1. Required by the contract or agreement; or Page 2 of 2 C Insurance Services Office, Inc., 2012 CG 20 10 0413 POLICY NUMBER: A6CG11991700 COMMERCIAL GENERAL LIABILITY CG 20 37 04 13 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY, ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS - COMPLETED OPERATIONS This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Additional Insured Person(s) Or Organization(s) Location And Description Of Completed Operations Blanket as required by executed written contract Information required to complete this Schedule, if not shown above,will be shown in the Declarations. A. Section II — Who Is An Insured is amended to B. With respect to the insurance afforded to these include as an additional insured the person(s) or additional insureds, the following is added to organization(s) shown in the Schedule, but only Section III—Limits Of Insurance: with respect to liability for "bodily injury" or If coverage provided to the additional insured is "property damage"caused, in whole or in part, by required by a contract or agreement, the most we "your work" at the location designated and will pay on behalf of the additional insured is the described in the Schedule of this endorsement amount of insurance: performed for that additional insured and included in the "products-completed operations 1. Required by the contract or agreement; or hazard". 2. Available under the applicable Limits of However: Insurance shown in the Declarations; 1. The insurance afforded to such additional whichever is less. insured only applies to the extent permitted This endorsement shall not increase the applicable by law; and Limits of Insurance shown in the Declarations. 2. If coverage provided to the additional insured is required by a contract or agreement, the insurance afforded to such additional insured will not be broader than that which you are required by the contract or agreement to provide for such additional insured. CG 20 37 0413 C Insurance Services Office, Inc., 2012 Page 1 of 1 POLICY NUMBER: A6CG11991700 COMMERCIAL GENERAL LIABILITY CG 24 04 05 09 WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO US This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: Blanket as required by executed written contract Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The following is added to Paragraph 8. Transfer Of Rights Of Recovery Against Others To Us of Section IV—Conditions: We waive any right of recovery we may have against the person or organization shown in the Schedule above because of payments we make for injury or damage arising out of your ongoing operations or "your work" done under a contract with that person or organization and included in the "products- completed operations hazard" This waiver applies only to the person or organization shown in the Schedule above. CG 24 04 05 09 0 Insurance Services Office, Inc., 2008 Page 1 of 1 ❑ OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to all Specified Persons or Organizations on file with us Thirty(30) days prior to the effective date of cancellation or non-renewal. If we cancel this policy for non-payment, we will deliver notice of the cancellation to all Specked Persons or Organizations on file with us Ten(10) days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. Named Insured Hellas Construction, Inc. Policy Number A6CA11991700 Endorsement No. Policy Period 03/05/17 to 03/05/18 Endorsement Effective hate: 03l051 1. i Producer's Name` Producer Number- , .. ..... .... ....,� AUTHORIZED REPRESENTATIVE DATE IL EN GN 0004 09 11 Page 1 of 1 OLD REPUBLIC GENERAL INSURANCE CORPORATION CANCELLATION OR NON-RENEWAL TO SPECIFIED PERSONS OR ORGANIZATIONS ENDORSEMENT THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE FOLLOWING: BUSINESS AUTO COVERAGE FORM COMMERCIAL GENERAL LIABILITY COVERAGE FORM PART OWNERS AND CONTRACTORS PROTECTIVE LIABILITY COVERAGE PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART RAILROAD PROTECTIVE LIABILITY COVERAGE PART If we cancel or non-renew this policy for any reason other than non-payment, we will deliver notice of the cancellation or non-renewal to all Specified Persons or Organizations on file with us Thirty(30) days prior to the effective date of cancellation or non-renewal. If we cancel this policy for non-payment, we will deliver notice of the cancellation to all Specified Persons or Organizations on file with us Ten (10) days prior to the effective date of cancellation. If notice is mailed, proof of mailing will be sufficient proof of notice. Named Insured Hellas Construction, Inc. Policy Number A6CG11991700 indorsement No. Policy Period 03/05/17 to 03/05/18 Endorsement Effective Date: 03/05/17 Producer's Name: Producer Number- AUTHORIZED umberAUTHORIZED REPRESENTATIVE IL EN GN 0004 09 11 Page 1 of 1 WORKERS'COMPENSATION AND EMPLOYERS Texasmutuar LIABILITY INSURANCE POLICY Insmncecwpally WC 42 06 01 TEXAS NOTICE OF MATERIAL CHANGE ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3A. of the Information Page. In the event of cancellation or other material change of the policy, we will mail advance notice to the person or organization named in the Schedule.The number of days advance notice is shown in the Schedule. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule 1, Number of days advance notice: 30 2. Notice will be mailed to: PER LIST ON FILE This endorsement charges the policy to which it Is attached effective on the Inception date of the policy unless a different date is indicated below. (The following"attechirg clause"need be completed orty when this endorsement Is issued subsequent to preparation of the policy.) This endorsement,effective on at 12:01 A.M.standard time.forms a part of Policy No. TSF-0001283920 20160306 of the Texas Mutual Insurance Company Issued to HE LLAS CONSTRUCTION INC AAW -9 Endorsement No. Premium 3 NCCI Carrier Code 29939 Authorized Representative WC420601(ED.144) INSURED'S COPY NXGOMEZ 3-10-2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:FebnayZ2016 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 —Definitions and Terminology..........................................................................................................1 1.01 Defined Terms...............................................................................................................................l 1.02 Terminology..................................................................................................................................6 Article 2—Preliminary Matters.........................................................................................................................7 2.01 Copies of Documents....................................................................................................................7 2.02 Commencement of Contract Time;Notice to Proceed................................................................7 2.03 Starting the Work..........................................................................................................................8 2.04 Before Starting Construction........................................................................................................8 2.05 Preconstruction Conference..........................................................................................................8 2.06 Public Meeting..............................................................................................................................8 2.07 Initial Acceptance of Schedules....................................................................................................8 Article 3—Contract Documents: Intent,Amending,Reuse............................................................................8 3.01 Intent..............................................................................................................................................8 3.02 Reference Standards......................................................................................................................9 3.03 Reporting and Resolving Discrepancies.......................................................................................9 3.04 Amending and Supplementing Contract Documents.................................................................10 3.05 Reuse of Documents...................................................................................................................10 3.06 Electronic Data............................................................................................................................l 1 Article 4—Availability of Lands; Subsurface and Physical Conditions;Hazardous Environmental Conditions;Reference Points...........................................................................................................11 4.01 Availability of Lands..................................................................................................................11 4.02 Subsurface and Physical Conditions ..........................................................................................12 4.03 Differing Subsurface or Physical Conditions.............................................................................12 4.04 Underground Facilities ...............................................................................................................13 4.05 Reference Points .........................................................................................................................14 4.06 Hazardous Environmental Condition at Site..............................................................................14 Article5—Bonds and Insurance.....................................................................................................................16 5.01 Licensed Sureties and Insurers...................................................................................................16 5.02 Performance,Payment,and Maintenance Bonds.......................................................................16 5.03 Certificates of Insurance.............................................................................................................16 5.04 Contractor's Insurance................................................................................................................18 5.05 Acceptance of Bonds and Insurance; Option to Replace...........................................................19 Article 6—Contractor's Responsibilities........................................................................................................19 6.01 Supervision and Superintendence...............................................................................................19 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnary2,2016 6.02 Labor; Working Hours................................................................................................................20 6.03 Services,Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and"Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers,and Others....................................................................24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations.................................................................................................................27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas.......................................................................................................28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection..................................................................................................................29 6.15 Safety Representative..................................................................................................................30 6.16 Hazard Communication Programs .............................................................................................30 6.17 Emergencies and/or Rectification...............................................................................................30 6.18 Submittals....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services..............................................................................34 6.23 Right to Audit..............................................................................................................................34 6.24 Nondiscrimination.......................................................................................................................35 Article 7-Other Work at the Site...................................................................................................................35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8-City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................36 8.04 Lands and Easements;Reports and Tests...................................................................................36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections,Tests,and Approvals..............................................................................................36 8.07 Limitations on City's Responsibilities.......................................................................................37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program...............................................................................................37 Article 9-City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9.03 Authorized Variations in Work..................................................................................................38 9.04 Rejecting Defective Work..........................................................................................................38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work.....................38 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnffiy 2,2016 Article 10-Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Work...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders.......................................................................................................39 10.04 Extra Work..................................................................................................................................39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process.............................................................................................................40 Article 11 -Cost of the Work;Allowances;Unit Price Work;Plans Quantity Measurement......................41 11.01 Cost of the Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work..........................................................................................................................44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12-Change of Contract Price; Change of Contract Time.................................................................46 12.01 Change of Contract Price............................................................................................................46 12.02 Change of Contract Time............................................................................................................47 12.03 Delays..........................................................................................................................................47 Article 13-Tests and Inspections; Correction,Removal or Acceptance of Defective Work......................48 13.01 Notice of Defects ........................................................................................................................48 13.02 Access to Work...........................................................................................................................48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Work................................................................................50 13.07 Correction Period........................................................................................................................50 13.08 Acceptance of Defective Work...................................................................................................51 13.09 City May Correct Defective Work.............................................................................................51 Article 14-Payments to Contractor and Completion....................................................................................52 14.01 Schedule of Values......................................................................................................................52 14.02 Progress Payments......................................................................................................................52 14.03 Contractor's Warranty of Title...................................................................................................54 14.04 Partial Utilization........................................................................................................................55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance.........................................................................................................................55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage Release........................................................56 14.09 Waiver of Claims........................................................................................................................57 Article 15-Suspension of Work and Termination........................................................................................57 15.01 City May Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience.......................................................................................60 Article16-Dispute Resolution......................................................................................................................61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 Article l7—Miscellaneous--_—_—.—.—.—.—_-_—.-----_----.----.—'_..-------.--_---62 17.01 Giving Notice..............................................................................................................................02 17.02 Computation ofTimes................................................................................................................62 17lI3Cumulative Remedies.................................................................................................................62 17])4 Survival of Obligations—.----'--'--_--.-'------_---'---_--'--.--___.-.--_6J 17.05 Headings_.----_---..-_.---'_-_'--_--_----.--_—..------------------_'63 CITY orFORT WORTH STANDARD CONSTRUCTION SPECIFICATIONmOCuNlEmTS 0072 00-1 GENERAL CONDITIONS Page 1 of 63 ARTICLE 1–DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents,the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed-defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda—Written or graphic instruments issued prior to the opening of Bids which clarify, correct,or change the Bidding Requirements or the proposed Contract Documents. 2. Agreement—The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment—The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos—Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Award–Authorization by the City Council for the City to enter into an Agreement. 6. Bid—The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidder—The individual or entity who submits a Bid directly to City. 8. Bidding Documents—The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements—The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any,and the Bid Form with any supplements. 10. Business Day – A business day is defined as a day that the City conducts normal business, generally Monday through Friday,except for federal or state holidays observed by the City. 11. Buzzsaw–City's on-line,electronic document management and collaboration system. 12. Calendar Day–A day consisting of 24 hours measured from midnight to the next midnight. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy2,2016 007200-1 GENERAL CONDITIONS Page 2 of 63 13. Change Order—A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. City— The City of Fort Worth, Texas, a home-rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Fort Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. City Attorney– The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative. 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. City Manager – The officially appointed and authorized City Manager of the City of Fort Worth,Texas,or his duly authorized representative. 18. Contract Claim—A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract.A demand for money or services by a third party is not a Contract Claim. 19. Contract—The entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations,representations,or agreements,whether written or oral. 20. Contract Documents—Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price—The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement(subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 22. Contract Time—The number of days or the dates stated in the Agreement to: (i) achieve Milestones,if any and(ii)complete the Work so that it is ready for Final Acceptance. 23. Contractor—The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work—See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnruy2,2016 007200-1 GENERAL CONDITIONS Page 3 of 63 25. Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Day or day—A day,unless otherwise defined,shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth,Texas, or his duly appointed representative,assistant, or agents. 28. Director of Parks and Community Services — The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development — The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant,or agents. 31. Director of Water Department— The officially appointed Director of the Water Department of the City of Fort Worth, Texas,or his duly appointed representative,assistant,or agents. 32. Drawings—That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope,extent,and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 34. Engineer—The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents.Extra work shall be part of the Work. 36.Field Order—A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid from Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnrmy2,2016 007200-1 GENERAL CONDITIONS Page 4 of 63 38. Final Inspection – Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements—Sections of Division 1 of the Contract Documents. 40. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste—Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended from time to time. 42. Laws and Regulations Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item–An Item of work included in the Contract Documents that has a total cost equal to or greater than 5%of the original Contract Price or$25,000 whichever is less. 45. Milestone—A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46.Notice of Award—The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47.Notice to Proceed-A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48.PCBs—Polychlorinated biphenyls. 49. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 50.Plans–See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy 2,2016 007200-1 GENERAL CONDITIONS Page 5 of 63 51. Project Schedule—A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52. Project—The Work to be performed under the Contract Documents. 53. Project Manager—The authorized representative of the City who will be assigned to the Site. 54. Public Meeting – An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.)as amended from time to time. 56. Regular Working Hours – Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday(excluding legal holidays). 57. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of Yalues—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor's Applications for Payment. 60. Site—Lands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed,including rights-of-way,permits,and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications—That part of the Contract Documents consisting of written requirements for materials,equipment,systems,standards and workmanship as applied to the Work,and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached,may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febwary 2,2016 007200-I GENERAL CONDITIONS Page 6 of 63 63. Submittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successful Bidder—The Bidder submitting the lowest and most responsive Bid to whom City makes an Award. 65. Superintendent— The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes,vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water,wastewater, storm water,other liquids or chemicals,or traffic or other control systems. 69. Unit Price Work—See Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours—Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day—A working day is defined as a day,not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of work underway for a continuous period of not less than 7 hours between 7 a.m.and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but,when used in the Bidding Requirements or Contract Documents,have the indicated meaning. B. Intent of Certain Terms or Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnrmy2,2016 007200-1 GENERAL CONDITIONS Page 7 of 63 1. The Contract Documents include the terms "as allowed," "as approved," "as ordered," "as directed" or terms of like effect or import to authorize an exercise of judgment by City. In addition, the adjectives "reasonable," "suitable," "acceptable," "proper," "satisfactory," or adjectives of like effect or import are used to describe an action or determination of City as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). C. Defective: 1. The word "defective," when modifying the word "Work," refers to Work that is unsatisfactory,faulty,or deficient in that it: a. does not conform to the Contract Documents; or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents;or c. has been damaged prior to City's written acceptance. D. Furnish, Install, Perform, Provide: 1. The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2—PRELIMINARY MATTERS 2.01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time;Notice to Proceed The Contract Time will commence to run on the day indicated in the Notice to Proceed.A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxu ay 2,2016 007200-1 GENERAL CONDITIONS Page 8 of 63 2.03 Starting the Work Contractor shall start to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 Initial Acceptance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3—CONTRACT DOCUMENTS: INTENT,AMENDING,REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof)to be constructed in accordance with the Contract Documents.Any labor,documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form,format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 9 of 63 section. The Contractor shall not take advantage of any variation of form, format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3.02 Reference Standards A. Standards, Specifications,Codes,Laws, and Regulations 1. Reference to standards, specifications,manuals,or codes of any technical society,organization, or association,or to Laws or Regulations,whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents.No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation , (b)any standard, specification, manual, or code, or(c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. B. Resolving Discrepancies: 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier(whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized,by one or more of the following ways: 1. A Field Order; 2. City's review of a Submittal(subject to the provisions of Paragraph 6.18.C);or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniazy2,2016 0072 00-1 GENERAL CONDITIONS Page 11 of 63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions,the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site.Files in electronic media format of text,data,graphics,or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies,the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility,usability,or readability of documents resulting from the use of software application packages, operating systems,or computer hardware differing from those used by the data's creator. ARTICLE 4—AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. City shall furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. 1. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions.The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilities or obstructions to be removed,adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febrmy2,2016 007200-1 GENERAL CONDITIONS Page 12 of 63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site(except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees, agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions,or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate;or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 13 of 63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.17.A),notify City in writing about such condition. B. Possible Price and Time Adjustments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities,including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1. ndicated:1. If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnary2,2016 007200-1 GENERAL CONDITIONS Page 14 of 63 Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Points A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees,the full cost for replacing such points plus 25%will be charged against the Contractor,and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors,members,partners, employees,agents,consultants,or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations,opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby(except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work;or(ii)specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe,or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. H. The provisions of Paragraphs 4.02, 4.03, and 4.04 do not apply to a Hazardous Environmental Condition uncovered or revealed at the Site. CTPD OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnay2,2016 0072 00-1 GENERAL CONDITIONS Page 16 of 63 ARTICLE 5—BONDS AND INSURANCE 5.01 Licensed Sureties and Insurers All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch,U.S.Department of the Treasury.All bonds signed by an agent or attorney-in-fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney-in-fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification,provide another bond and surety,both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 Certificates of Insurance Contractor shall deliver to City,with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured)which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as"Additional Insured"on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement,which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M.Best Property&Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, 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 City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintain such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required. Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims-made basis,the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims-made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self-insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy 2,2016 007200-1 GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups,must also be approved by City. 11. Any deductible in excess of$5,000.00, for any policy that does not provide coverage on a first-dollar basis,must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 13. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract.Deletions,revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter on any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Compensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act(Texas Labor Code,Ch.406,as amended),and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier,or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2. claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations,personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febma<y 2,2016 007200-1 GENERAL CONDITIONS Page 19 of 63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy,unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liability. A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non-owned and provide indemnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability. If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured.There shall be no time credit for days not worked pursuant to this section. 5.05 Acceptance of Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates(or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request.If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents,the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6—CONTRACTOR'S RESPONSIBILITIES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means,methods,techniques,sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febngffy2,2016 007200-1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6.02 Labor: Working Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication)to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working Hours request must be made by noon of the preceding Thursday 3. for legal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor,transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up,and completion of the Work. B. All materials and equipment incorporated into the Work shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests)as to the source,kind,and quality of materials and equipment. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnrmy2,2016 007200-1 GENERAL CONDITIONS Page 21 of 63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier,except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid,unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or-Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular Supplier, the specification or description is intended to establish the type,function,appearance,and quality required.Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or-equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. 1. "Or-Equal"Items: If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or-equal" item, in which case review and approval of the proposed item may,in City's sole discretion,be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength,and design characteristics; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnrmy2,2016 007200-1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. If in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or-equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 0125 00 and: 1) shall certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on time; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy 2,2016 007200-1 GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales,maintenance,repair,and replacement services;and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B.Substitute Construction Methods or Procedures: If a specific means,method,technique,sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same manner as those provided in Paragraph 6.05.A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13.City may require Contractor to furnish additional data about the proposed substitute.City will be the sole judge of acceptability. No "or-equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an"or-equal."City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them from and against any and all claims, damages, losses and expenses (including attorneys fees)arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents(or in the provisions of any other direct contract with City)resulting from the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or-equal"at Contractor's expense. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febngry 2,2016 007200-1 GENERAL CONDITIONS Page 24 of 63 G. City Substitute Reimbursement: Costs(savings or charges)attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions:No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract,unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Business Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance(as amended)by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall,upon request by City,allow an audit and/or examination of any books,records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A.Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnruy2,2016 007200-1 GENERAL CONDITIONS Page 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity;nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier,or other individual or entity except as may otherwise be required by Laws and Regulations. F.Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs,pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 31 st day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates,such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febrwy 2,2016 007200-1 GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall be submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 11th day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained. The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and(ii)the actual per diem wages paid to each worker. The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit,shall pertain to this inspection. F. Progress Payments. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258,Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product,or device which is the subject of patent rights or copyrights held by others. If a particular invention, design,process,product,or device is specified in the Contract Documents for use in the performance of the Work and if,to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work or resulting from CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniary2,2016 007200-1 GENERAL CONDITIONS Page 27 of 63 the incorporation in the Work of any invention, design,process,product, or device not specified in the Contract Documents. 6.09 Permits and Utilities A. Contractor obtained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes,the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required: 1. Texas Department of Transportation Permits 2. U.S.Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of and/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations,Contractor shall bear all claims,costs, losses,and damages(including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmuy2,2016 007200-1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code,Subchapter H,Sections 151.301-335(as amended),the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling.007.Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin,TX 78711;or 2. http://www.window.state.tx.us/taxinfo/taxforms/93-forms.html 6.12 Use of Site and Other Areas A. Limitation on Use of Site and Other Areas: 1. Contractor shall confine construction equipment,the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment.Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or easement greater than is necessary for proper execution of the Work,the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniazy2,2016 007200-1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work,Contractor shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless City,from and against all claims, costs, losses, and damages arising out of or relating to any claim or action, legal or equitable, brought by any such owner or occupant against City. B. Removal of Debris During Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials,rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a manner unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted from the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference.Upon completion of the Work, these record documents, any operation and maintenance manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnary2,2016 007200-1 GENERAL CONDITIONS Page 30 of 63 take all necessary precautions for the safety of, and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site;and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal,relocation,or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property from damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives must comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, in whole or in part,by Contractor, any Subcontractor, Supplier,or any other individual or entity directly or indirectly employed by any of them to perform any of the Work,or anyone for whose acts any of them may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6.16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjmy2,2016 007200-1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof.If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may beissued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours,the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each submittal will be identified as City may require. 1. Submit number of copies specified in the General Requirements. 2. Data shown on the Submittals will be complete with respect to quantities,dimensions,specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor from requirements shown on the Drawings and Specifications. 5. For-Information-Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier,pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmacy 2,2016 007200-1 GENERAL CONDITIONS Page 32 of 63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor. C. City's Review: 1. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents)or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continuing the Work Except as otherwise provided, Contractor shall cant' on the Work and adhere to the Project Schedule during all disputes or disagreements with City. No Work shall be delayed or postponed pending resolution of any disputes or disagreements, except as City and Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible;or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnrary2,2016 007200-1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute.None of the following will constitute an acceptance of Work that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents: 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection,test,or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13.The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless,at its own expense,the City, its officers,servants and employees,from and against any and all loss,damage or destruction of property of the City,arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMNIFICATION PROVISION IS CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 007200-1 GENERAL CONDITIONS Page 34 of 63 SPECIFICALLY INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT IS ALLEGED OR PROVEN THAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CAUSED. IN WHOLE OR IN PART. BY ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY. 6.22 Delegation of Professional Design Services A. Contractor will not be required to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means,methods,techniques, sequences and procedures. B. If professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performance and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents,papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents,papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-I GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit- related projects, which are funded in part with Federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race,color,or national origin. B. Title VI, Civil Rights Act of 1964 as amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7—OTHER WORK AT THE SITE 7.01 Related Work at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors,or through other direct contracts therefor,or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work;and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner,and City,if City is performing other work with City's employees or other City contractors, proper and safe access to the Site,provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others'work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmmy2,2016 007200-1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site,the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE 8—CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all communications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements,Reports and Tests City's duties with respect to providing lands and easements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4.05. Paragraph 4.02 refers to City's identifying and making available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 Inspections, Tests, and Approvals City's responsibility with respect to certain inspections,tests, and approvals is set forth in Paragraph 13.03. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjary2,2016 007200-1 GENERAL CONDITIONS Page 37 of 63 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14. 8.08 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance with Safety Program While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9—CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is Scott E. Penn, or his/her successor pursuant to written notification from the Director of Park and Recreation Department. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations,City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febniary2,2016 007200-1 GENERAL CONDITIONS Page 38 of 63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor,who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager believes to be defective,or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13,whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Performed Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final(except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions on Requirements of Contract Documents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder. B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10—CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 Authorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. MY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnay 2,2016 007200-1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided in Paragraph 6.17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i)ordered by City pursuant to Paragraph 10.01.A,(ii)required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or(iii)agreed to by the parties; 2. changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed sum or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance,the Contractor shall proceed with the work after making written request for written orders and shall keep accurate account of the actual reasonable cost thereof. Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmry 2,2016 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required. All Contract Claims, except those waived pursuant to Paragraph 14.09,shall be referred to the City for decision.A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim,with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claim). 3. A Contract Claim for an adjustment in Contract Price shall be prepared in accordance with the provisions of Paragraph 12.01. 4. A Contract Claim for an adjustment in Contract Time shall be prepared in accordance with the provisions of Paragraph 12.02. 5. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shall submit any response to the Contractor within 30 days after receipt of the claimant's last submittal(unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor,if any,take one of the following actions in writing: 1. deny the Contract Claim in whole or in part; 2. approve the Contract Claim; or 3. notify the Contractor that the City is unable to resolve the Contract Claim if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim,such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmy2,2016 007200-1 GENERAL CONDITIONS Page 41 of 63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor invoke the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11—COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs Included: The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0 LB, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the Work. Such costs shall not include any of the costs itemized in Paragraph 11.0 LB, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55%markup,or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids from subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. If any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers,which are consumed in the performance of the Work,and cost,less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable,and royalty payments and fees for permits and licenses. e. Losses and damages (and related expenses) caused by damage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor,any Subcontractor,or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. f. The cost of utilities,fuel,and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmryy 2,2016 00 7200-1 GENERAL CONDITIONS Page 43 of 63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.0I.A.I or specifically covered by Paragraph 11.0I.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the Site. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Fee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work,Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and 11.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 Allowances A. Specified Allowance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre-bid Allowances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnrary2,2016 007200-1 GENERAL CONDITIONS Page 44 of 63 a. the pre-bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes;and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre-bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency Allowance:Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement. B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if- 1. f1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement;and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy 2,2016 00no0-1 GENERAL CONDITIONS Page 45 of 63 2. If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work occurs when: a. the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25%from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11.04 Plans Quantity Measurement A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities,unless revised by the governing Section or this Article. B. If the quantity measured as outlined under"Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) from the total estimated quantity for an individual Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes.The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item,except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error,or to correct an error on the plans,the plans quantity will be increased or decreased by the amount involved in the change, and the 25%variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmary 2,2016 007200-1 GENERAL CONDITIONS Page 46 of 63 E. For callout work or non-site specific Contracts,the plans quantity measurement requirements are not applicable. ARTICLE 12—CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: 1. where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved(subject to the provisions of Paragraph 11.03);or 2. where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.0l.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work(determined as provided in Paragraph 11.01)plus a Contractor's fee for overhead and profit(determined as provided in Paragraph 12.01.C). C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall be determined as follows: 1. a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon,then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.0l.A.1, 11.0l.A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.0l.A.5,the Contractor's fee shall be five percent(5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.0l.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febngry2,2016 007200-1 GENERAL CONDITIONS Page 47 of 63 tier,will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.0l.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent(50/6) of the amount paid to the next lower tier Subcontractor,however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.0I.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in cost plus a deduction in Contractor's fee by an amount equal to five percent(5%)of such net decrease. 12.02 Change of Contract Time A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any,which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnrary2,2016 007200-1 GENERAL CONDITIONS Page 48 of 63 ARTICLE 13—TESTS AND INSPECTIONS; CORRECTION,REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected,or accepted as provided in this Article 13. 13.02 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation,inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections,tests,retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation(TDLR)inspections,which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re-tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re-tests, or approvals shall be performed by organizations acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. 1. City will coordinate such Testing to the extent possible,with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnr8y2,2016 007200-1 GENERAL CONDITIONS Page 49 of 63 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Contractor's expense. G. Contractor shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor,material,and equipment. 1. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs)arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others);or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing,observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time,or both,directly attributable to such uncovering,exposure,observation,inspection,testing,replacement,and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the Work, or any portion thereof,until the cause for such order has been eliminated; however,this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 50 of 63 Subcontractor, any Supplier,any other individual or entity,or any surety for,or employee or agent of any of them. 13.06 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule,whether or not fabricated,installed,or completed,or,if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective. Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any,on said Work. 13.07 Correction Period A. If within two(2)years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2. correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective,and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects,attorneys,and other professionals and all court or other dispute resolution costs)arising out of or relating to such correction or repair or such removal and replacement(including but not limited to all costs of repair or replacement of work of others)will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy2,2016 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular item of equipment is placed in continuous service before Final Acceptance of all the Work,the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefrom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by filing a Contract Claim,pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of,the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work If, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs)attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. If Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven(7)days written notice to Contractor, correct,or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13.09, City shall proceed expeditiously.In connection with such corrective or remedial action,City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnmry 2,2016 007200-1 GENERAL CONDITIONS Page 52 of 63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work;and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14—PAYMENTS TO CONTRACTOR AND COMPLETION 14.01 Schedule of Values The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment,each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnjary 2,2016 007200-1 GENERAL CONDITIONS Page 53 of 63 B. Review of Applications: 1. City will, after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application to Contractor indicating reasons for refusing payment. In the latter case, Contractor may make the necessary corrections and resubmit the Application. 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work,and on City's review of the Application for Payment and the accompanying data and schedules,that to the best of City's knowledge: a. the Work has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon Final Acceptance,the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor,or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City from loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febmazy 2,2016 007200-1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated in Paragraph 15.02.A. C. Retainage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor,not as a penalty,but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld,or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment,whether incorporated in the Project or not,will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnguy2,2016 007200-1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the Work, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents,or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use,subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Work ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final Inspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection,City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Final Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection,City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febawy2,2016 007200-1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Payment A. Application for Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied(except as previously delivered)by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any,to final payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled;and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages,will become due and payable. 2. After all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The making of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Completion Delayed and Partial Retainage Release A. If final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment,and without terminating the Contract,make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy 2,2016 007200-1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims. B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14.09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15—SUSPENSION OF WORK AND TERNIINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed.During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the Project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time,directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reimbursement shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Fdxuary 2,2016 007200-1 GENERAL CONDITIONS Page 58 of 63 15.02 City May Terminate for Cause A. The occurrence of any one or more of the following events by way of example,but not of limitation, may justify termination for cause: 1. Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-2011 established under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City;or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or 5. Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature,the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 8. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A.occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnaazy2,2016 007200-1 GENERAL CONDITIONS Page 59 of 63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere,and finish the Work as City may deem expedient. 3. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance,Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be required to obtain the lowest price for the Work performed. 4. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work,or any portion thereof,may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding Paragraphs 15.023, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City,the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02,the termination procedures of that bond shall not supersede the provisions of this Article. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnimy2,2016 007200-1 GENERAL CONDITIONS Page 60 of 63 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City,terminate the Contract.Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated,and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination;and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:February 2,2016 007200-1 GENERAL CONDITIONS Page 61 of 63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case,Contractor shall be paid for(without duplication of any items): 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Work; 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work,plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it,the amount, if any,due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from such termination. ARTICLE 16—DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding.The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless,within that time period,City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnoy2,2016 007200-1 GENERAL CONDITIONS Page 62 of 63 1. elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction. ARTICLE 17—MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended;or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Times When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to,and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations; by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febnruy2,2016 007200-1 GENERAL CONDITIONS Page 63 of 63 17.04 Survival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision:Febn3my2,2016 General Conditions Addendum In exchange for good and valuable consideration, this General Conditions Addendum ("this Addendum") modifies the General Conditions and the associated Supplementary Conditions regarding the Gateway Park Synthetic Turf Surface — 3 Soccer Fields. To the extent of any conflict or inconsistency between this Addendum and General Conditions or Supplementary Conditions, the terms and conditions of this Addendum control. The modifications identified below are made to the General Conditions. Underlined text is added to the General Conditions. Struck text is deleted from the General Conditions. Reference Deletions/Additions General B. Possible Price and Time Adjustments Conditions, 4.03, Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: B 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site (provided that any such examination is based on visual observation only, not requiring excavation, invasive testing, or similar means); or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. General C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered Conditions, or revealed at the Site which was not shown or indicated in Drawings or Specifications or 4.06, identified in the Contract Documents to be within the scope of the Work. Contractor shall be C responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible to the extent the use or handling of such materials was not required by the Contract Documents or, if so required by the Contract Documents, to the extent such parties negligently used or handled such materials. General G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and Conditions, hold harmless City,from and against all claims, costs, losses, and damages (including but not 4.06, limited to all fees and charges of engineers, architects, attorneys, and other professionals and G all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental Condition created by Contractor or by anyone for whom Contractor is responsible to the extent such creation was caused by the use or handling of materials not required by the Contract Documents or, if such materials were required by the Contract Documents, to the extent Contractor or anyone for whom Contractor is responsible negligently used or handled such materials. Nothing in this Paragraph 4.06.G shall obligate Contractor to indemnify any individual or entity from and against the consequences of that individual's or entity's own negligence. Page 1 of 5 General D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a Conditions, special performance guarantee, warranty, or other surety with respect to any substitute. 6.05, Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed D by them from and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment to the extent caused by Contractor or those for whom it is responsible. General E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute Conditions, proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or 6.05, not City approves a substitute so proposed or submitted by Contractor, Contractor may be E required to reimburse City for evaluating each such proposed substitute provided that the requested substitution was necessary due to the acts or omissions of Contractor. Contractor may also be required to reimburse City for the charges for making changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting from the acceptance of each proposed substitute provided that the requested substitution was necessary due to the acts or omissions of Contractor. General H. Time Extensions: No additional time will be granted for substitutions provided that the Conditions, requested substitution was necessary due to the acts or omissions of Contractor. 6.05, H General B. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and Conditions, hold harmless City,from and against all claims, costs, losses, and damages (including but not 6.08, limited to all fees and charges of engineers, architects, attorneys, and other professionals and B all court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of patent rights or copyrights incident to the use in the performance of the Work except to the extent such infringement arises from Contractor's compliance with the Contract Documents or resulting from the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. General A. Contractor warrants and guarantees to City that all Work will be in accordance with the Conditions, Contract Documents and will not be defective. City and itsOffisers, diresteFs, Fnembers; 6.20, paFtners, employees, ageets, GO;saltants, and subG9ntFaoteFs shall be entitled to rely on A representation of Contractor's warranty and guarantee. General D. The Contractor shall, in accordance with and as required by this Section 6.20, remedy any Conditions, defects or damages in the Work and pay for any damage to other work or property resulting 6.20, therefrom which shall appear within a period of two (2) years from the date of Final D Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.B. The City will give notice of observed defects with reasonable promptness. Page 2 of 5 General 6.21 Indemnification Conditions, 6.21 A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract to the extent caused by Contractor or those for whom it is responsible. THIS INI—DEEMNIFIGATION PROVISION IS eREGIFICALLY INTENDED TO OPERATE AND BE €FFEGTI�E EVEN 1P IT 18 ALLEGED OR ROVENTHAT ALL OR SOME OF THE DAMAGES BEING SOUGHT WERE CGAUSE9 IN WHOLE OR IN PART BY ANY AGT OMISSION OR AIEG IGEN `E OF TLJC GPY This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract to the extent caused by Contractor or those for whom It Is responsible. THIS IAIf EMNIFIGATION PROVISION IS SPEGIFIGAI I V INTENDED TO OPERATE AND BE EPTEGTIVE EVEN IF IT IS ALLEGED CGED OR PROVEN THAT ALL OR CQME OF THE DAMAGES BEING SOUGHT WERE/1GAI SED IINWHOLE OR IINPART RV AI AV AGT- M OMISSION OR NEG Ir_'ENGE OF THE GITV ' � General 6.23 Right to Audit Conditions, 6.23 C. Contractor and Subcontractor agree to photocopy such documents as may be reasonably requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. General 10.01 Authorized Changes in the Work Conditions, 10.01 A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work within the general scope of the Work. Upon notice of such Extra Work and following the execution of a Change Order, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. General A. Where Contractor is Feasenablydelayed in the performance or completion of any part of Conditions, the Work within the Contract Time due to delay beyond the control of Contractor, the Contract 12.03, Time e4ay-shall be extended in an amount equal to the time lost due to such delay if a Contract A Claim is made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. I 0 i Page 3 of 5 General D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after Conditions, the time specified in the Contract Documents as may be adjusted,the sum per day specified in 14.02, the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as D liquidated damages suffered by the City. General F. Reduction in Payment: Conditions, 14.02, 1. City may refuse to make payment of the amount requested to the extent reasonably F necessary to protect City because: a. Liens have been filed in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. General The acceptance of final payment will constitute a release of the City from all claims or liabilities Conditions, under the Contract for anything done or furnished or relating to the work under the Contract 14.09 Documents or any act or neglect of City related to or connected with the Contract except to the extent previously identified to City in writing. General A. At any time and without cause, City may suspend the Work or any portion thereof by Conditions, written notice to Contractor, the Contract Time may be equitably adjusted for increases in 15.01, the cost and time caused by suspension, and which may fix the date on which Work will be A resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. Page 4 of 5 Agreed to by: Owner: Contractor: vv City of Fort Worth Hellas Con nc. L Sig ature Si e SCk V) i , r Fra Printed Name Printed Name &--- C+) Chief Operating Officer Title Title Lp"D December 20, 2017 Date v Date Page 5 of 5 007300-1 SUPPLEMENTARY CONDITIONS Page 1 of 5 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 Supplementary Conditions 7 8 These Supplementary Conditions modify and supplement Section 00 72 00-General Conditions,and other 9 provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are 10 modified or supplemented remain in full force and effect as so modified or supplemented. All provisions 11 of the General Conditions which are not so modified or supplemented remain in full force and effect. 12 13 Defined Terms 14 15 The terms used in these Supplementary Conditions which are defined in the General Conditions have the 16 meaning assigned to them in the General Conditions,unless specifically noted herein. 17 18 Modifications and Supplements 19 20 The following are instructions that modify or supplement specific paragraphs in the General Conditions and 21 other Contract Documents. 22 23 SC-3.03B.2,"Resolving Discrepancies" 24 25 Plans govern over Specifications. 26 27 SC-4.01A 28 29 Easement limits shown on the Drawing are approximate and were provided to establish a basis for bidding. 30 Upon receiving the final easements descriptions,Contractor shall compare them to the lines shown on the 31 Contract Drawings. 32 33 SC-4.01A.1.,"Availability of Lands" 34 35 The following is a list of known outstanding right-of-way,and/or easements to be acquired,if any as of 36 37 Outstanding Right-Of-Way,and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None None None 38 The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, 39 and do not bind the City. 40 41 If Contractor considers the final easements provided to differ materially from the representations on the 42 Contract Drawings, Contractor shall within five (5)Business Days and before proceeding with the Work, 43 notify City in writing associated with the differing easement line locations. 44 45 SC-4.01A.2,"Availability of Lands" 46 47 Utilities or obstructions to be removed,adjusted,and/or relocated CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No.100569 Revised January 22,2016 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of 5 1 2 The following is list of utilities and/or obstructions that have not been removed,adjusted,and/or relocated 3 as of 4 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None None 5 The Contractor understands and agrees that the dates listed above are estimates only,are not guaranteed, 6 and do not bind the City. 7 8 SC-4.02A.,"Subsurface and Physical Conditions" 9 10 The following are reports of explorations and tests of subsurface conditions at the site of the Work: 11 12 On September 26, 2017 Freese and Nichols met with Hellas Construction on-site to review the existing 13 subsurface drainage conditions.Hellas completed multiple percolation tests on all(3)three existing fields. 14 The field on south did not show signs of any drainage issues. The two fields located on the north both 15 showed signs of drainage issues due to compacted gravel drainage layer. Once the existing synthetic turf 16 fields are removed and the existing gravel drainage layer is exposed, additional percolation tests should be 17 completed to fix the drainage issues prior to installing the cushdrain and synthetic turf layers. 18 19 The following are drawings of physical conditions in or relating to existing surface and subsurface 20 structures(except Underground Facilities)which are at or contiguous to the site of the Work: 21 22 During the site visit meeting on September 26,2017,Hellas utilized a subcontractor to scope the existing 23 underground drainage pipes to ensure the pipes are functioning correctly.All existing HDPE pipes located 24 within the synthetic turf fields areas are open and drain properly.Please see L0.01 Existing Conditions and 25 Demolition Plan dated 10/18/17and prepared by Freese and Nichols,Inc.for the pipe locations. 26 27 SC-4.06A.,"Hazardous Environmental Conditions at Site" 28 29 The following are reports of existing hazardous environmental conditions known to the City: 30 Please see Appendix GR-02 Conditional Certificate of Completion(CCOC)for Former Riverside 31 Wastewater Treatment Plant and Gateway Park Sector 4,Soccer and Rugby Complex 32 33 SC-5.03A.,"Certificates of Insurance" 34 35 The entities listed below are"additional insureds as their interest may appear"including their respective 36 officers,directors,agents and employees. 37 38 (1) City 39 (2) Consultant: Freese and Nichols, Inc. 40 (3) Other: None 41 42 43 SC-5.04A.,"Contractor's Insurance" 44 45 The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following 46 coverages for not less than the following amounts or greater where required by laws and regulations: 47 48 5.04A.Workers'Compensation,under Paragraph GC-5.04A. 49 CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised January 22,2016 007300-3 SUPPLEMENTARY CONDITIONS Page 3 of 5 1 2 Statutory limits 3 Employer's liability 4 $100,000 each accidendoccurrence 5 $100,000 Disease-each employee 6 $500,000 Disease-policy limit 7 8 SC-5.04B.,"Contractor's Insurance" 9 10 5.04B.Commercial General Liability,under Paragraph GC-5.04B.Contractor's Liability Insurance 11 under Paragraph GC-5.04B.,which shall be on a per project basis covering the Contractor with 12 minimum limits of: 13 14 $1,000,000 each occurrence 15 $2,000,000 aggregate limit 16 17 The policy must have an endorsement(Amendment Aggregate Limits of Insurance)making the 18 General Aggregate Limits apply separately to each job site. 19 20 The Commercial General Liability Insurance policies shall provide"X","C",and"U"coverage's. 21 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 22 23 SC 5.04C.,"Contractor's Insurance" 24 5.04C. Automobile Liability,under Paragraph GC-5.04C.Contractor's Liability Insurance under 25 Paragraph GC-5.04C.,which shall be in an amount not less than the following amounts: 26 27 (1) Automobile Liability-a commercial business policy shall provide coverage on"Any Auto", 28 defined as autos owned,hired and non-owned. 29 30 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 31 least: 32 33 $250,000 Bodily Injury per person/ 34 $500,000 Bodily Injury per accident/ 35 $100,000 Property Damage 36 37 SC-5.04D.,"Contractor's Insurance" 38 39 The Contractor's construction activities will require its employees,agents,subcontractors,equipment,and 40 material deliveries to cross railroad properties and tracks.None 41 42 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 43 hinder,or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 44 or other property. Such operations on railroad properties may require that Contractor to execute a"Right of 45 Entry Agreement"with the particular railroad company or companies involved,and to this end the 46 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 47 the right-of-entry(if any)required by a railroad company.The requirements specified herein likewise relate 48 to the Contractor's use of private and/or construction access roads crossing said railroad company's 49 properties. 50 51 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 52 coverage for not less than the following amounts,issued by companies satisfactory to the City and to the 53 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 54 occupy,or touch railroad property: 55 CITY OF FORT WORTH Replacement of Synthetic Twf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS CityProject No.100569 Revised January 22,2016 007300-4 SUPPLEMENTARY CONDITIONS Page 4 of 5 1 (1) General Aggregate: 2 3 (2) Each Occurrence: 4 _Required for this Contract X Not required for this Contract 5 6 With respect to the above outlined insurance requirements,the following shall govern: 7 8 1. Where a single railroad company is involved,the Contractor shall provide one insurance policy in 9 the name of the railroad company. However, if more than one grade separation or at-grade 10 crossing is affected by the Project at entirely separate locations on the line or lines of the same 11 railroad company,separate coverage may be required,each in the amount stated above. 12 13 2. Where more than one railroad company is operating on the same right-of-way or where several 14 railroad companies are involved and operated on their own separate rights-of-way,the Contractor 15 may be required to provide separate insurance policies in the name of each railroad company. 16 17 3. If,in addition to a grade separation or an at-grade crossing,other work or activity is proposed on a 18 railroad company's right-of-way at a location entirely separate from the grade separation or at- 19 grade crossing,insurance coverage for this work must be included in the policy covering the grade 20 separation. 21 22 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- 23 way,all such other work may be covered in a single policy for that railroad,even though the work 24 may be at two or more separate locations. 25 26 No work or activities on a railroad company's property to be performed by the Contractor shall be 27 commenced until the Contractor has furnished the City with an original policy or policies of the insurance 28 for each railroad company named,as required above. All such insurance must be approved by the City and 29 each affected Railroad Company prior to the Contractor's beginning work. 30 31 The insurance specified above must be carried until all Work to be performed on the railroad right-of-way 32 has been completed and the grade crossing,if any,is no longer used by the Contractor. In addition, 33 insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. 34 Such insurance must name the railroad company as the insured,together with any tenant or lessee of the 35 railroad company operating over tracks involved in the Project. 36 37 SC-6.04.,"Project Schedule" 38 39 Project schedule shall be as indicated in proposal provided by Hellas Construction,Inc. on October 20, 40 2017 for the project. 41 42 SC-6.07.,"Wage Rates" 43 44 The following is the prevailing wage rate table(s)applicable to this project and is provided in the 45 Appendixes: 46 GC-6.07 CFW Prevailing Wage Rates 47 48 SC-6.09.,"Permits and Utilities" 49 50 SC-6.09A.,"Contractor obtained permits and licenses" 51 The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 52 None. 53 54 SC-6.09B."City obtained permits and licenses" 55 The following are known permits and/or licenses required by the Contract to be acquired by the City:None CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised January 22,2016 007300-5 SUPPLEMENTARY CONDITIONS Page 5 of 5 1 2 SC-6.09C."Outstanding permits and licenses" 3 4 The following is a list of known outstanding permits and/or licenses to be acquired,if any as of- 5 6 Outstanding Permits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None None None 7 8 9 SC-7.02.,"Coordination" 10 11 The individuals or entities listed below have contracts with the City for the performance of other work at 12 the Site: 13 Vendor -Scope of Work Coordination Authority None one None 14 15 16 SC-8.01,"Communications to Contractor" 17 18 Refer to General Conditions 19 20 SC-9.01.,"City's Project Manager" 21 22 The City's Project Manager for this Contract is Scott E. Penn,or his/her successor pursuant to written 23 notification from the Director of Park and Recreation Department. 24 25 SC-13.03C.,"Tests and Inspections" 26 27 Contractor to coordinate and complete percolation tests with the owner to test the existing 28 subbase/drainage layer once the existing synthetic turf fields are removed and the existing subbase/gravel 29 drainage layer is exposed Contractor to fix areas of poor drainage prior to placing new cushdrain and 30 synthetic turf layers. Contractor shall supply a Certificate of Subbase Acceptance for the purpose of 31 obtaining manufacturer's warrantyfor the finished synthetic playing surface per Appendix GR-01 60 00 32 Product Requirements. 33 After any required subbase adjustments are made and the new cushdrain/synthetic turf layers are installed, 34 Contractor shall complete percolation tests for each newly installed field to ensure proper drainage of each 35 field. 36 37 38 SC-16.01C.1,"Methods and Procedures" 39 40 None 41 42 END OF SECTION CITY OF FORT WORTH Replacement of Synthetic Turf Fields at Gateway Park STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS City Project No.100569 Revised January 22,2016 011100 SUMMARY OF WORK 1.00 GENERAL 1.01 WORK INCLUDED A. Construct work as described in the Contract Documents. 1. Provide the materials,equipment,and incidentals required to make the project completely and fully operable. 2. Provide the labor,equipment,tools,and consumable supplies required for a complete project. 3. Provide the civil,architectural,structural, mechanical,electrical, instrumentation and all other work required for a complete and operable project. 4. Test and place the completed project in operation. 5. Provide the special tools,spare parts, lubricants,supplies,or other materials as indicated in Contract Documents for the operation and maintenance of the Project. 6. Drawings and specifications do not indicate or describe all of the work required to complete the project. Additional details required for the correct installation of selected products are to be provided by the Contractor and coordinated with the Engineer. 1.02 JOB CONDITIONS A. The General Conditions,the Supplementary Conditions,and General Requirements apply to each specification section. B. Comply with all applicable state and local codes and regulations pertaining to the nature and character of the work being performed. 1.03 DESCRIPTION OF WORK A. Work is described in general,non-inclusive terms as:Work to include demolition of existing turf fields, infill material, rugby goal posts,etc.; modifications to the existing subbase/existing drainage layer;installation of new cushdrain/synthetic turf and infill material 1.04 OWNER-SELECTED PRODUCTS A. Owner has or will select the Suppliers for the following products: Description Supplier Appendix Synthetic Turf System Hellas GR-01 60 00 Construction, Inc. Cushdrain Hellas GR-0160 00 Construction, Inc. Summary of Work 011100-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 1. Products are described in the referenced appendices. Obtain clarification from the Engineer in the case of a disagreement between the above list and those specified elsewhere in the Contract Documents. B. Include the cost for the purchase,delivery, installation,testing,finishing,and startup of the product in the proposed bid price. C. Assume responsibilities for Owner selected products as for products selected by the Contractor. 1.05 OCCUPANCY A. As soon as any portion of the structure and equipment are ready for use,the Owner shall have the right to occupy or operate that portion upon written notice to the Contractor. B. Testing of equipment and appurtenances including specified test periods,training,and start up does not constitute acceptance for operation. C. Owner may accept the facility for continued use after start-up and testing at the option of the Owner. If acceptance is delayed at the option of the Owner,shut down facilities per approved Operation and Maintenance procedures. D. The execution of bonds is understood to indicate the consent of the surety to these provisions. E. Provide an endorsement from the insurance carrier permitting occupancy of the structures and use of equipment during the remaining period of construction. F. Conduct operations to insure the least inconvenience to the Owner and general public. 2.00 PRODUCTS 2.01 MATERIALS A. Provide materials and products per the individual sections of the specifications. 3.00 EXECUTION(NOT APPLICABLE) END OF SECTION Summary of Work 011100-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 013113 PROJECT COORDINATION 1.00 GENERAL 1.01 WORK INCLUDED A. Administer contract requirements to construct the Project. Provide documentation per the requirements of this Section. Provide information as requested by the Engineer or Owner. 1.02 SUBMITTALS A. Provide submittals in accordance with Section 0133 00"Submittal Procedures." 1.03 COMMUNICATION DURING THE PROJECT A. The Owner is to be the first point of contact for all parties on matters concerning this project. B. The Owner will coordinate correspondence concerning: 1. Submittals, including Applications for Payment. 2. Clarification and interpretation of the Contract Documents. 3. Contract modifications. 4. Observation of Work and testing. S. Claims. C. The Owner will normally communicate only with the Contractor. Any required communication with Subcontractors or Suppliers will only be with the direct involvement of the Contractor. D. Direct written communications to the Owner at the address indicated at the Pre- construction Conference. Include the following with communications as a minimum: 1. Name of the Owner. 2. Project name. 3. Contract title. 4. Project number. 5. Date. 6. A reference statement. E. Submit communications on the forms referenced in this Section or in Section 0133 00 "Submittal Procedures." 1.04 PROJECT MEETINGS A. Pre-construction Conference: 1. Attend a pre-construction conference. 2. The location of the conference will be determined by the Owner. Project Coordination 0131 13-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 3. The time of the meeting will be determined by the Owner but will be after the Notice of Award is issued and not later than 15 days after the Notice to Proceed is issued. 4. The Owner, Engineer, Contractor's project manager and superintendent, representatives of utility companies,and representatives from major Subcontractors and Suppliers may attend the conference. 5. Provide and be prepared to discuss: a. Preliminary construction schedule per Section 0132 16"Construction Progress Schedule." b. Preliminary submittal schedule per Section 0133 00"Submittal Procedures." c. List of Subcontractors and Suppliers. d. Contractor's organizational chart as it relates to this Project. e. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents, contract modifications and payment requests. 6. Letter indicating the agents of authority for the Contractor and the limit of that authority with respect to the execution of legal documents,contract modifications and payment requests. B. Progress Meetings: 1. Attend meetings with the Engineer and Owner. a. Meet on a monthly basis or as requested by the Engineer and Owner to discuss the Project. b. Meet at the Site or other location as designated by the Owner. c. Contractor's superintendent and other key personnel are to attend the meeting. Other individuals may be requested to attend to discuss specific matters. d. Notify the Owner of any specific items to be discussed a minimum of 1 week prior to the meeting. 2. Provide information as requested by the Engineer or Owner concerning this Project. Prepare to discuss: a. Status of overall project schedule. b. Contractor's detailed schedule for the next month. c. Anticipated delivery dates for equipment. d. Coordination with the Owner. e. Status of submittals. f. Information or clarification of the Contract Documents. g. Claims and proposed modifications to the Contract. h. Field observations, problems, or conflicts. i. Maintenance of quality standards. Project Coordination 013113-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 3. Engineer will prepare minutes of meetings. Review the minutes of the meeting and notify the Engineer of any discrepancies within ten days of the date of the meeting memorandum. The minutes will not be corrected after the ten days have expired. Corrections will be reflected in the minutes of the following meeting or as an attachment to the minutes. C. Pre-submittal and Pre-installation Meetings: 1. Conduct pre-submittal and pre-installation meetings as required in the individual technical Specifications or as determined necessary by the Engineer(for example, instrumentation,roofing,concrete mix design,etc.). 2. Set the time and location of the meetings when ready to proceed with the associated Work. Submit a Notification by Contractor in accordance with Paragraph 1.07 for the meeting 2 weeks before the meeting. Engineer and Owner must approve of the proposed time and location. 3. Attend the meeting and require the participation of appropriate Subcontractors and Suppliers in the meeting. 4. Prepare minutes of the meeting and submit to the Engineer and Owner for review. Owner and Engineer will review the minutes of the meeting and notify the Contractor of any discrepancies within ten days of the date of the meeting memorandum. The minutes will not be corrected after the ten days have expired. Corrections will be reflected in a revised set of meeting minutes. 1.05 REQUESTS FOR INFORMATION A. Submit Request for Information(RFI)to the Engineer to obtain additional information or clarification of the Contract Documents. 1. Submit a separate RFI for each item on the form provided by the Engineer. 2. Attach adequate information to permit a written response without further clarification. Engineer will return requests that do not have adequate information to the Contractor for additional information. Contractor is responsible for all delays resulting from multiple submittals due to inadequate information. 3. A response will be made when adequate information is provided. Response will be made on the RFI form or in attached information. B. Response to an RFI is given to provide additional information,interpretation, or clarification of the requirements of the Contract Documents,and does not modify the Contract Documents. C. Engineer will initiate a Contract Modification Request per Paragraph 1.08 if the RFI indicates that a contract modification is required. D. Use the Project Issues Log to document decisions made at meetings and actions to be taken in Accordance with Paragraph 1.06. 1.06 PROJECT ISSUES LOG A. Engineer will maintain a project issues log to document key decisions made at meeting and track action on these issues: Project Coordination 013113-3 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 1. Review the log prior to each regular meeting. 2. Report actions taken subsequent to the previous progress meeting on items in the log assigned to the Contractor or through the Contractor to a Subcontractor or Supplier to the Engineer. Report on status of progress 1 week prior to each progress meeting established in Paragraph 1.04 to allow Engineer to update the log prior to the Progress meetings. 3. Be prepared to discuss the status at each meeting. B. Decisions or action items in the log that require a change in the Contract Documents will have the preparation of a contract modification as an action items if appropriate. The Contract Documents can only be changed by a Change Order or Field Order. 1.07 NOTIFICATION BY CONTRACTOR A. Notify the Owner of: 1. Need for testing. 2. Intent to work outside regular working hours. 3. Request to shut down facilities or utilities. 4. Proposed utility connections. 5. Required observation by Engineer or inspection agencies prior to covering Work. 6. Training. B. Provide notification a minimum of 2 weeks in advance in order to allow Owner and Engineer time to respond appropriately to the notification. 1.08 REQUESTS FOR MODIFICATIONS A. Submit a request to the Owner for any change in the Contract Documents. 1. Assign a number to the Contract Modification Request when issued. 2. Include with the Contract Modification Request: a. A complete description of the proposed modification. b. The reason the modification is requested. c. A detailed breakdown of the cost of the change(necessary only if the modification requires a change in contract amount). The itemized breakdown is to include: 1). List of materials and equipment to be installed. 2). Man hours for labor by classification. 3). Equipment used in construction. 4). Consumable supplies,fuels, and materials. 5). Royalties and patent fees. 6). Bonds and insurance. 7). Overhead and profit. Project Coordination 013113-4 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 8). Field office costs. 9). Home office cost. 10).Other items of cost. d. Provide the level of detail outline in the paragraph above for each Subcontractor or Supplier actually performing the Work if Work is to be provided by a Subcontractor or Supplier. Indicate appropriate Contractor mark-ups for Work provided through Subcontractors and Suppliers. Provide the level of detail outline in the paragraph above for self-performed Work. e. Provide a revised schedule indicating the effect on the critical path for the Project and a statement of the number of days the Project may be delayed by the modification. 3. Submit a Contract Modification Request to the Owner to request afield change. 4. A Contract Modification Request is required for all substitutions or deviations from the Contract Documents. 5. Owner will evaluate the request for a contract modification. B. Owner will initiate changes through the Engineer. 1. Engineer will prepare a description of proposed modifications to the Contract Documents. 2. Engineer will use the Contract Modification Request form. Engineer will assign a number to the Contract Modification Request when issued. 3. Return the Contract Modification Request with a proposal to incorporate the requested change. Include a breakdown of costs into materials and labor in detail outline above to allow evaluation by the Engineer. C. Owner will issue a Field Order or a Change Order per the General Conditions if a contract modification is appropriate. 1. Modifications to the contract can only be made by a Field Order or a Change Order. 2. Changes in the Project will be documented by a Field Order or by a Change Order. 3. Field Orders may be issued by the Owner for contract modifications that do not change the Contract Price or Contract Time. 4. Any modifications that require a change in Contract Price or Contract Time can only be approved by Change Order. a. Proposals issued by the Contractor in response to a Contract Modification Request will be evaluated by the Owner and Engineer. b. If a Change Order is recommended,the Owner will prepare the Change Order. c. The Change Order will be sent to the Contractor for execution with a copy to the Owner recommending approval. d. Change Orders can only be approved by the Owner. Project Coordination 013113-5 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 1). Work performed on the proposed contract modifications prior to the approval of the Change Order will be performed at the Contractor's risk. 2). No payment will be made for Work on Change Orders until approved by the Owner. D. The Contractor maybe informed that the Contract Modification Request is not approved and construction is to proceed in accordance with the Contract Documents. 1.09 RECORD DRAWINGS A. Maintain at the site one complete record copy of: 1. Drawings. 2. Specifications. 3. Addenda. 4. Contract modifications. 5. Approved Shop Drawings and record data. 6. One set of construction photographs. 7. Test records. 8. Clarifications and other information provided in Request for Information responses. 9. Reference standards. B. Store documents and Samples in the Contractor's field office. 1. Documents are to remain separate from documents used for construction. Do not use these documents for construction. 2. Provide files and racks for the storage of documents. 3. Provide a secure storage space for the storage of Samples. 4. Maintain documents in clean,dry, legible conditions,and in good order. 5. Make documents and Samples available at all times for inspection by the Engineer and Owner. C. Marking Drawings: 1. Label each document as "Project Record"in large printed letters. 2. Record information as construction is being performed. a. Do not conceal any Work until the required information is recorded. b. Mark Drawings to record actual construction, including the following: 1). Depths of various elements of the foundation in relation to finished first floor datum or the top of walls. 2). Horizontal and vertical locations of underground utilities and appurtenances constructed and existing utilities encountered during construction. Project Coordination 013113-6 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 3). Location of internal utilities and appurtenances concealed in the construction. Refer measurements to permanent structure on the surface. Include the following equipment: a). Piping. b). Ductwork. c). Equipment and control devices requiring periodic maintenance or repair. d). Valves,unions,traps,and tanks. e). Services entrance. f). Feeders. g). Outlets. 4). Changes of dimension and detail. 5). Changes made by Field Order and Change Order. 6). Details not on the original Drawings. Include field verified dimensions and clarifications, interpretations,and additional information issued in response to RFIs. c. Mark Specifications and Addenda to identify products provided. 1). Record product name,trade name,catalog number,and each Supplier(with address and phone number)of each product and item of equipment actually installed. 2). Record changes made by Field Order and Change Order. d. Mark additional Work or information in erasable pencil. 1). Use red for new or revised indication. 2). Use purple for Work deleted or not installed (lines to be removed). 3). Highlight items constructed per the Contract Documents in yellow. e. Submit record documents to Engineer for review and acceptance 30 days prior to final completion of the Project. 1). Provide one set of marked up Drawings. 2). Provide one set of Specifications. D. Applications for Payment will not be recommended for payment if record documents are found to be incomplete or not in order. Final payment will not be recommended without complete record documents. 2.00 PRODUCTS(NOT APPLICABLE) 3.00 EXECUTION (NOT APPLICABLE) END OF SECTION Project Coordination 013113-7 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 013216 CONSTRUCTION PROGRESS SCHEDULE 1.00 GENERAL 1.01 REQUIREMENTS A. Prepare and submit a Progress Schedule for the Work and update the schedule on a monthly basis for the duration of the Project. B. Provide schedule in adequate detail to allow Owner to monitor the Work progress,to anticipate the time and amount of Applications for Payment, and to relate submittal processing to sequential activities of the Work. C. Incorporate and specifically designate the dates of anticipated submission of submittals and the dates when submittals must be returned to the Contractor into the schedule. D. Assume complete responsibility for maintaining the progress of the Work per the schedule submitted. E. Take all requirements of Section 0135 00"Special Procedures" into consideration when preparing schedule. 1.02 SUBMITTALS A. Submit Progress Schedules in accordance with Section 0133 00"Submittal Procedures." Submit schedules within the following times: 1. Preliminary schedule within 10 days after the Notice of Award. The schedule is to be available at the pre-construction conference. 2. Detailed schedule at least 10 days prior to the first payment request. B. Submit Progress Schedules with Applications for Payment. Schedules may be used to evaluate the Applications for Payment. Failure to submit the schedule may cause delay in the review and approval of Applications for Payment. 1.03 SCHEDULE REQUIREMENTS A. Schedule is to be in adequate detail to: 1. Assure adequate planning,scheduling,and reporting during the execution of the Work. 2. Assure the coordination of the Work of the Contractor and the various Subcontractors and Suppliers. 3. Assist in monitoring the progress of the Work. 4. Assist in evaluating proposed changes to Contract Time and project schedule. 5. Assist the Owner in review of Contractor's Application for Payment. B. Provide personnel with 5 years' minimum experience in scheduling construction work comparable to this Project. C. Provide the schedule in the form of a time scaled horizontal bar chart which indicates graphically the Work scheduled at any time during the Project. The graph is to indicate: Construction Progress Schedule 0132 16-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 1. Complete sequence of construction by activity. 2. Identification of the activity by structure, location,and type of Work. 3. Chronological order of the start of each item of Work. 4. The activity start and stop dates. 5. The activity duration. 6. Successor and predecessor relationships for each activity. Group related activities or use lines to indicate relationships. 7. A clearly indicated critical path. Indicate only one critical path on the schedule. The subsystem with the longest time of completion is the critical path where several subsystems each have a critical path. Float time is to be assigned to other subsystems. 8. Project percentage of completion, based on dollar value of the Work included in each activity to the last day of the pay period for each Application for Payment. D. Submit a separate submittal schedule indicating the dates when the submittals are to be sent to the Engineer. 1. List specific dates submittal is to be sent to the Engineer. 2. List specific dates submittal must be processed in order to meet the proposed schedule. 3. Allow a reasonable time to review submittals,taking into consideration the size and complexity of the submittal,the submission of other submittals,and other factors that may affect review time. 4. Allow time for re-submission of the submittals for each item. Contractor is responsible for delays associated with additional time required to review incomplete or erroneous submittals and for the time lost when submittals are submitted for products that do not meet specification requirements. E. Update the schedule at the end of each monthly partial payment period to indicate the progress made on the Project to that date. 1.04 SCHEDULE REVISIONS A. Submit a written report if the schedule indicates that the Project is more than 30 days behind schedule. The report is to include: 1. Number of days Project is behind schedule. 2. Narrative description of the steps to be taken to bring the Project back on schedule. 3. Anticipated time required to bring the Project back on schedule. 4. Submit a revised schedule indicating the action that the Contractor proposes to take to bring the Project back on schedule. B. Revise the schedule to indicate any adjustments in Contract Time approved by Change Order. 1. Revised schedule is to be included with Contract Modification Request for which an extension of time is requested. Construction Progress Schedule 013216-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 2. Failure to submit a revised schedule indicates that the modification shall have no impact on the ability of the Contractor to complete the Project on time and that the cost associated with the change of additional plant or work force have been included in the cost proposed for the modification. C. Updating the project schedule to reflect actual progress is not considered a revision to the project schedule. D. Applications for Payment will not be recommended for payment without a revised schedule and if required,the report indicating the Contractor's plan for bringing the Project back on schedule. 1.05 FLOAT TI M E A. Define float time as the amount of time between the earliest start date and the latest start date of a chain of activities on the construction schedule. B. Float time is not for the exclusive use or benefit of either the Contractor or Owner. C. Contract time cannot be changed by the submission of this schedule. Contract Time can only be modified by approved Change Order. D. Schedule completion date must be the same as the contract completion date. Time between the end of construction and the contract final completion date is to be indicated as float time. 2.00 PRODUCTS(NOT APPLICABLE) 3.00 EXECUTION (NOT APPLICABLE) END OF SECTION Construction Progress Schedule 013216-3 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 013233 PHOTOGRAPHIC DOCUMENTATION 1.00 GENERAL 1.01 WORK INCLUDED A. All photographs provided under this section and digital copies of these photographs are to become the property of the Owner. Photographs may not be used for publication,or public or private display without the written consent of the Owner. B. Cost of Photographic Documentation is to be included in the Contractor Construction Phase fee. 1.02 QUALITY ASSURANCE A. Provide clear photographs taken with proper exposure. View photographs in the field and take new photographs immediately if photos of an adequate print quality cannot be produced. Provide photographs with adequate quality and resolution to permit enlargements. 1.03 SUBMITTALS A. Submit photographic documentation as record data in accordance with Section 0133 00 "Submittal Procedures." 2.00 PRODUCTS 2.01 PHOTOGRAPHS A. Provide photographs in digital format with a minimum resolution of 1280 x 960, accomplished without a digital zoom. B. Take photographs at locations acceptable to the Engineer. C. Provide a digital copy of each photograph taken. D. Identify each print with: 1. Project name. 2. Date,time, location,and orientation of the exposure. 3. Description of the subject of photograph. 3.00 EXECUTION (NOT APPLICABLE) END OF SECTION Photographic Documentation 0132 33-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 013300 SUBMITTAL PROCEDURES 1.00 GENERAL 1.01 WORK INCLUDED A. Submit documentation as required by the Contract Documents and as reasonably requested by the Owner and Engineer to: 1. Record the products incorporated into the Project for the Owner. 2. Provide information for operation and maintenance of the Project. 3. Provide information for the administration of the Contract. 4. Allow the Engineer to advise the Owner if products proposed for the Project by the Contractor conform, in general,to the design concepts of the Contract Documents. B. Contractor's responsibility for full compliance with the Contract Documents is not relieved by the Engineer's review of submittals. Contract modifications can only be approved by Change Order or Field Order. 1.02 CONTRACTOR'S RESPONSIBILITIES A. Review and certify all submittals prior to submission. B. Determine and verify: 1. Field measurements. 2. Field construction requirements. 3. Location of all existing structures, utilities and equipment related to the submittals. 4. Submittals are complete for their intended purpose. 5. Conflicts between the submittals related to the various Subcontractors and Suppliers have been resolved. 6. Quantities and dimensions shown on the submittals. C. Submit information per the procedures described in this section and the Specifications. D. Furnish the following submittals: 1. As specified in the attached submittal schedule or in the individual Specification Sections. 2. Schedules, data and other documentation as described in detail in this Section or referenced in the General Conditions and Contract Documents. 3. Shop Drawings required for consideration of a contract modification per Paragraph 1.08. 4. Submittals as required in the Specifications. 5. Submittals not required will be returned without Engineer's review. E. Submit a schedule indicating the date submittals will be sent to the Engineer and proposed dates that the product will be incorporated into the Project. Make submittals promptly in accordance with the schedule to cause no delay in the Project. Submittal Procedures 013300 1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 1. Send submittals to the Engineer allowing a reasonable time for delivery, review and marking submittals. Include time for review of a resubmission if necessary. Allow adequate time for the submittal review process,ordering,fabrication, and delivery of the product to not delay progress on the Project. 2. Schedule submittal to provide all information for interrelated Work at one time. No review will be performed on submittals requiring coordination with other submittals. Engineer will return submittals for resubmission as a complete package. F. Submit information for all of the components and related equipment required for a complete and operational system in the same submittal. 1. Provide certifications,warranties,and written guarantees with the submittal package for review when they are required. 2. Fabrication or installation of any products prior to the approval of Shop Drawings is done at the Contractor's risk. Products not meeting the requirements of Contract Documents are defective and may be rejected at the Owner's option. G. Payment will not be made for products for which submittals are required until the submittals have been received. Payment will not be made for products for which Shop Drawings or Samples are required until these are approved by the Engineer. 1.03 QUALITY ASSURANCE A. Submit legible,accurate, complete documents presented in a clear,easily understood manner. Submittals not meeting these criteria will be returned without review. B. Demonstrate that the proposed products are in full and complete compliance with the design criteria and requirements of the Contract Documents including Drawings and Specifications as modified by Addenda, Field Orders,and Change Orders. C. Furnish and install products that fully comply with the information included in the submittal. 1.04 SUBMITTAL PROCEDURES A. Submit an electronic copy of each submittal. 1. The complete contents of each submittal,including associated drawings product data, etc.,shall be submitted in Portable Document Format(PDF.) Submit PDF document with adequate resolution to allow documents to be printed in a format equivalent to the document original. Documents are to be scalable to allow printing on standard 8-1/2 x 11 or 11 x 17 papers. 2. Create and submit color PDF documents where color is important to the evaluation of the submittal and/or where comments will be lost if only black and white PDF documents are provided. Submit Samples and color charts per Paragraph 1.04.1-1. B. Transmit all submittals,with a properly completed Submittal Transmittal Form. 1. Use a separate transmittal form for each specific product,class of material,and equipment system. 2. Submit items specified in different sections of the Specifications separately unless they are part of an integrated system. Submittal Procedures 013300-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 C. Assign a submittal number to the documents originated to allow tracking of the submittal during the review process. 1. Assign the number consisting of a prefix, a sequence number,and a letter suffix. Prefixes shall be as follows: Prefix Description Originator AP Application for Payment Contractor CO Change Order Engineer CMR Contract Modification Request Contractor CTR Certified Test Report Contractor EIR Equipment Installation Report Contractor FO Field Order Engineer NBC Notification by Contractor Contractor O&M Operation & Maintenance Manuals Contractor PD Photographic Documentation Contractor RD Record Data Contractor RFI Request for Information Contractor SAM Sample Contractor SD Shop Drawing Contractor SCH Schedule of Progress Contractor 2. Issue sequence numbers in chronological order for each type of submittal. 3. Issue numbers for resubmittals that have the same number as the original submittal followed by an alphabetical suffix indicating the number of times the same submittal has been sent to the Engineerfor processing. For example: SD 025 A represents shop drawing number 25 and the letter"A"designates this is the second time this submittal has been sent for review. 4. Clearly note the submittal number on each page or sheet of the submittal. 5. Correct assignment of numbers is essential since different submittal types are processed in different ways. D. Submit documents with uniform markings. 1. Mark submittals to: a. Highlight Contractor's corrections in green. b. Highlight items pertinent to the products being furnished in yellow and delete items that are not when the Supplier's standard drawings or information sheets are provided. c. Cloud items and highlight in yellow where selections by the Engineer or Owner are required. Submittal Procedures 013300- 3 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 d. Mark dimensions with the prefix FD to indicate field verified dimensions on the Shop Drawings. e. Provide an 8-by-3-inch blank space for Contractor's and Engineer's stamp. Contractor may use a digital certification if this is preferred. The certification must bear a digital signature. 2. Define abbreviations and symbols used in Shop Drawings. a. Use terms and symbols in Shop Drawings consistent with the Contract Drawings. b. Provide a list of abbreviations and their meaning as used in the Shop Drawings. c. Provide a legend for symbols used on Shop Drawings. E. Mark submittals to reference the Drawing number and/or section of the Specifications, detail designation,schedule or location that corresponds with the data submitted. Other identification may also be required,such as layout drawings or schedules to allow the reviewer to determine where a particular product is to be used. F. Deliver Samples required by the Specifications to the Site. Provide a minimum of two Samples. G. Construct mock-ups from the actual products to be used in construction per detailed Specifications. H. Submit color charts and Samples for every product requiring color,texture or finish selection. 1. Submit all color charts and Samples at one time. 2. Do not submit color charts and Samples until all record data have been submitted or Shop Drawings for the products have been approved. 3. Submit color charts and Samples not less than 30 days prior to when these products are to be ordered or released for fabrication to comply with the schedule for construction of the Project. I. Submit Contract Modification Request per Section 013113"Project Coordination"to request modifications to the Contract Documents. 1.05 REVIEW PROCEDURES A. Shop drawings are reviewed in the order received, unless Contractor request that a different priority be assigned. B. Mark a submittal as "Priority"to place the review for this submittal ahead of submittals previously delivered. Priority submittals will be reviewed before other submittals for this Project which have been received but not reviewed. Use discretion in the use of"Priority" submittals as this may delay the review of submittals previously submitted. Revise the Schedule of Contractor's Submittals for substantial deviations from the previous schedule. C. Review procedures vary with the type of submittal as described in Paragraph 1.06. 1.06 SUBMITTAL REQUIREMENTS Submittal Procedures 013300-4 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 A. Shop Drawings are required for those products that cannot adequately be described in the Contract Documents to allow fabrication,erection or installation of the product without additional detailed information from the Supplier. 1. Shop Drawings are requested so that the Engineer can: a. Assist the Owner in selecting colors,textures or other aesthetic features. b. Compare the proposed features of the product with the specified features so as to advise the Owner that the product does,in general,conform to the Contract Documents. c. Compare the performance features of the proposed product with those specified so as to advise the Owner that it appears that the product will meet the designed performance criteria. d. Review required certifications,guarantees,warranties, and service agreements for compliance with the Contract Documents. 2. Certify on the Contractor's stamp that the Contractor has reviewed the Shop Drawings and made all necessary corrections such that the products,when installed,will be in full compliance with the Contract Documents. Shop Drawings submitted without this certification will be returned without review. 3. Submit Shop Drawings for: a. Products indicated in the submittal schedule following this Section or as specified in the individual Specification Sections. b. When a substitution or equal product is proposed in accordance with Paragraph 1.08 of this Section. 4. Include a complete description of the material or equipment to be furnished. Information is to include: a. Type,dimensions,size,arrangement, model number,and operational parameters of the components. b. Weights,gauges, materials of construction,external connections,anchors,and supports required. c. Performance characteristics,capacities,engineering data, motor curves,and other information necessary to allow a complete evaluation of mechanical components. d. All applicable standards such as ASTM or Federal specification numbers. e. Fabrication and installation drawings,setting diagrams, manufacturing instructions, templates, patterns,and coordination drawings. f. Wiring and piping diagrams and related controls. g. Mix designs for concrete,asphalt,or other materials proportioned for the Project. h. Complete and accurate field measurements for products which must fit existing conditions. Indicate on the submittal that the measurements represent actual dimensions obtained at the Site. Submittal Procedures 013300-5 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 5. Provide all required statements of certification,guarantees,extended service agreements,and other related documents with the Shop Drawing. The effective date of these documents shall be the date of acceptance of the Work by the Owner. 6. Comments will be made on items called to the attention of the Engineer for review and comment. Any marks made by the Engineer do not constitute a blanket review of the submittal or relieve the Contractor from responsibility for errors or deviations from the Contract requirements. a. Submittals that are reviewed will be returned with one or more of the following designations: 1). Approved: Submittal is found to be acceptable as submitted. 2). Approved as Noted: Submittal is acceptable with corrections or notations made by Engineer and may be used as corrected. 3). Revise and Resubmit: Submittal has deviations from the Contract Documents, significant errors,or is inadequate and must be revised and resubmitted for subsequent review. 4). Not Approved: Products are not acceptable. b. Drawings with a significant or substantial number of markings by the Contractor may be marked "Approved as Noted"and "Revise and Resubmit." These drawings are to be revised to provide a clean record of the submittal. c. Dimensions or other data that do not appear to conform to the Contract Documents will be marked as "At Variance With" (AVW)the Contract Documents or other information provided. The Contractor is to make revisions as appropriate to comply with Contract Documents. B. Certifications,Warranties and Service Agreements include documents as specified in the individual Specification Sections,as shown in the submittal schedule,or as follows: 1. Certified Test Reports(CTR): A report prepared by an approved testing agency giving results of tests performed on products to indicate their compliance with the Specifications. 2. Certification of Local Field Service(CLS): A certified letter stating that field service is available from a factory or supplier approved service organization located within a 300 mile radius of the Site. List names,addresses,and telephone numbers of approved service organizations on or attach it to the certificate. 3. Extended Warranty(EW): A guarantee of performance for the product or system beyond the normal 1 year warranty described in the General Conditions. Issue the warranty certificate in the name of the Owner. 4. Extended Service Agreement(ESA): A contract to provide maintenance beyond that required to fulfill requirements for warranty repairs,or to perform routine maintenance for a definite period beyond the warranty period. Issue the service agreement in the name of the Owner. 5. Certification of Adequacy of Design (CAD): A certified letter from the manufacturer of the equipment stating that they have designed the equipment to be structurally stable and to withstand all imposed loads without deformation,failure,or adverse effects to Submittal Procedures 013300-6 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 the performance and operational requirements of the unit. The letter shall state that mechanical and electrical equipment is adequately sized to be fully operational for the conditions specified or normally encountered by the product's intended use. 6. Certification of Applicator/Subcontractor(CSQ): A certified letter stating that the Applicator or Subcontractor proposed to perform a specified function is duly designated as factory authorized and trained for the application of the specified product. C. Submit record data to provide information to allow the Owner to adequately identify the products incorporated into the Project and allow replacement or repair at some future date. 1. Provide record data for all products per the submittal schedule or as specified in the individual Specification Sections. Record data is not required for items for which Shop Drawings and/or operations and maintenance manuals are required. 2. Provide information only on the specified products. Submit a Contract Modification Request for approval of deviations or substitutions and obtain approval by Field Order or Change Order prior to submitting record data. 3. Provide the same information required for Shop Drawings. 4. Record data will be received by the Engineer, logged,and provided to Owner for the Project record. a. Record data may be reviewed to see that the information provided is adequate for the purpose intended. Inadequate drawings may be returned as unacceptable. b. Record data is not reviewed for compliance with the Contract Documents. Comments may be returned if deviations from the Contract Documents are noted during the cursory review performed to see that the information is adequate. D. Provide Samples for comparison with products delivered to the Site for use on the Project. 1. Samples shall be of sufficient size and quantity to clearly illustrate the functional characteristics of the product,with integrally related parts and attachment devices. 2. Indicate the full range of color,texture,and patterns. 3. Dispose of Samples when related Work has been completed and approved,and disposal is requested by the Engineer. At Owner's option Samples will become the property of the Owner. E. Construct mock-ups for comparison with the Work being performed. 1. Construct mock-ups of the size or area indicated in the detailed Specifications. 2. Construct mock-ups complete with texture and finish to represent the finished product. 3. Protect mock-ups until Work has been completed and accepted by the Owner. 4. Dispose of mock-ups when related Work has been completed and disposal is approved by the Engineer. F. Submit Operation and Maintenance manuals(O&M)for all equipment, mechanical devices, or components described in the Contract Documents per Section 0178 23 "Operation and Maintenance Data." Include copies of approved Shop Drawings in the manual. Submittal Procedures 013300-7 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 G. Submit Request for Information (RFI) in accordance with Section 013113 "Project Coordination." H. Submit Progress Schedules (SCH)in accordance with Section 0132 16"Construction Progress Schedule." 1. Submit Certified Test Reports(CTR)from independent testing laboratories. 1. Submit test reports for material fabricated for this Project with Shop Drawings for that product. 2. Submit test reports produced at the point of production for standard production products with the record data for that product. J. Submit a list of Suppliers and Subcontractors as record data in accordance with Section 01 3113 "Project Coordination." K. Submit Notifications by Contractor(NBC) in accordance with Section 013113 "Project Coordination." L. Submit Photographic Documentation (PD) in accordance with Section 0132 33 "Photographic Documentation." M. Submit Process Performance Bonds(PPB) in accordance with Section 00 73 00 "Supplementary Conditions"and the detailed equipment specifications. 1.07 SUBMITTALS REQUIRED FOR THIS PROJECT A. Furnish the following Submittals: 1. Schedules,data and other documentation as described in detail in this Section,specified in the individual Specification Sections,or referenced in the General Conditions. 2. Documentation required for the administration of the Contract. 3. Submittals as required in the Specifications. 1.08 REQUESTS FOR DEVIATION A. Submit requests for deviation from the Contract Documents for any product that does not fully comply with the Contract Documents. B. Submit request by Contract Modification Request(CMR) per Section 013113 "Project Coordination." Identify the deviations and the reason the change is requested. C. Include the amount of cost savings to the Owner for deviations that result in a reduction in cost. D. A Change Order or Field Order will be issued by the Engineer for deviations approved by the Owner. Deviations from the Contract Documents may only be approved by Change Order or Field Order. 1.09 SUBMITTALS FOR EQUAL NON SPECIFIED PRODUCTS A. The products of the listed suppliers are to be furnished where Specifications list several manufacturers but do not specifically list"or equal'or"or approved equal' products. Use Submittal Procedures 013300-8 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 of any products other than those specifically listed is a substitution and must be approved per Paragraph 1.10. B. Contractor may submit other manufacturers' products that are in full compliance with the specification where Specifications list one or more manufacturers followed by the phase"or equal"or"or approved equal." 1. Submit Shop Drawings of adequate detail to document that the proposed product is equal or superior to the specified product. 2. Prove that the product is equal. It is not the Engineer's responsibility to prove the product is not equal. a. Indicate on a point by point basis for each specified feature that the product is equal to the Contract Document requirements. b. Make a direct comparison with the specified manufacturer's published data sheets and available information. Provide this printed material with the submittal. c. The decision of the Engineer regarding the acceptability of the proposed product is final. 3. Provide a typewritten certification that, in furnishing the proposed product as an equal, the Contractor: a. Has thoroughly examined the proposed product and has determined that it is equal or superior in all respects to the product specified. b. Has determined that the product will perform in the same manner and result in the same process as the specified product. c. Will provide the same warranties and/or bonds as for the product specified. d. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the product into the construction and will waive all claims for additional Work which may be necessary to incorporate the product into the Project which may subsequently become apparent. e. Will maintain the same time schedule as for the specified product. 4. A modification request is not required for any product that is in full compliance with the Contract Documents. 1.10 SUBMITTALS FOR SUBSTITUTIONS A. Substitutions are defined as any product that the Contractor proposes to provide for the Project in lieu of the specified product. B. Submit the following for consideration of approval of a Supplier or product which is not specified: 1. Contract Modification Request for deviation from the Contract Documents per Paragraph 1.08. 2. Prove that the product is acceptable as a substitute. It is not the Engineer's responsibility to prove the product is not acceptable as a substitute. Submittal Procedures 013300-9 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 a. Indicate on a point by point basis for each specified feature that the product is acceptable to meet the intent of the Contract Documents requirements. b. Make a direct comparison with the specified Suppliers published data sheets and available information. Provide this printed material with the submittal. c. The decision of the Engineer regarding the acceptability of the proposed substitute product is final. 3. Provide a written certification that, in making the substitution request,the Contractor: a. Has determined that the substituted product will perform in substantially the same manner and result in the same ability to meet the specified performance as the specified product. b. Will provide the same warranties and/or bonds for the substituted product as specified or as would be provided by the Manufacturer of the specified product. c. Will assume all responsibility to coordinate any modifications that may be necessary to incorporate the substituted product into the Project and will waive all claims for additional Work which may be necessary to incorporate the substituted product into the Project which may subsequently become apparent. d. Will maintain the same time schedule as for the specified product. 1.11 WARRANTIES AND GUARANTEES A. Submit warranties and guarantees required by the Contract Documents with the Shop Drawings or record data. B. Provide additional copies for equipment and include this additional copy in the Operation and Maintenance Manuals. Refer to Section 0178 23 "Operation and Maintenance Data." C. Provide a separate manual for warranties and guarantees. 1. Provide a log of all products for which warranties or guarantees are provided,and for all equipment. Index the log by Specification section number on forms provided by the Engineer. 2. Indicate the start date,warranty or guarantee period and the date upon which the warranty or guarantee expires for products or equipment for which a warranty or guarantee is required. 3. Indicate the date for the start of the correction period specified in the General Conditions for each piece of equipment and the date on which the specified correction period expires. 4. Provide a copy of the warranty or guarantee under a tab indexed to the log. 1.12 RESUBMISSION REQUIREMENTS A. Make all corrections or changes in the submittals required by the Engineer and resubmit until approved. B. For Shop Drawings: 1. Revise initial drawings or data and resubmit as specified for the original submittal. Submittal Procedures 013300-10 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 2. Highlight in yellow those revisions which have been made in response to the first review by the Engineer. 3. Highlight in blue any new revisions which have been made or additional details of information that has been added since the previous review by the Engineer. C. For Samples: 1. Submit new Samples as required for the initial Sample. 2. Remove Samples which have been rejected. D. For mock-ups: 1. Construct a new mock-up as initially required. 2. Dispose of mock-ups which have been rejected. 1.13 ENGINEER'S DUTIES A. Review the submittals and return with reasonable promptness. B. Affix stamp, indicate approval, rejection,and the need for resubmittal. C. Distribute documents. 2.00 PRODUCTS(NOT APPLICABLE) 3.00 EXECUTION (NOT APPLICABLE) END OF SECTION Submittal Procedures 01 33 00-11 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 015813 TEMPORARY PROJECT SIGNAGE 1.00 GENERAL 1.01 DESCRIPTION: A. Work included: Temporary Signage: Erect one(1)temporary project sign. No signs or advertising of any kind will be allowed on the job site except as specifically approved in advance by the Owner's Representative. 2.00 PRODUCTS 2.01 TEMPORARY SIGNAGE MATERIAL: A. The temporary signs shall be professionally lettered.A layout containing the project specific information must be submitted to the Landscape Architect and Owner for approval. B. The sign board shall be 3/4"exterior rated A-C plywood,sanded on face side. Minimum size 48"X 96". C. The sign posts will be 4"X 4"x 10' pressure treated Southern Yellow Pine S4S. D. Use hot dipped galvanized or stainless-steel bolts and fasteners to attach the sign to the post. 3.00 EXECUTION 3.01 TEMPORARY SIGN: A. Erect temporary signs within the project limits at the designated locations.Sign face will be parallel to the adjoining roadway.The bottom of the signboard will be not less than 42" above the existing grade. B. The Contractor will maintain the temporary sign in a plumb, level condition.The sign will be kept clean of mud,debris,graffiti or other defacement for the entire contract period.The area around the sign shall be mowed to maintain a maximum vegetation height of six inches (61.All debris/litter shall be collected and removed from the site. (END OF SECTION) Temporary Project Signage 0158 13-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 016000 PRODUCT REQUIREMENTS 1.00 GENERAL 1.01 WORK INCLUDED A. Provide products for this Project that comply with the requirements of this section. Specific requirements of the detailed equipment specification govern in the case of a conflict with the requirements of this Section. B. Comply with applicable specifications and standards. C. Comply with size, make,type,and quality specified or as modified per Section 013113 "Project Coordination." 1.02 QUALITY ASSURANCE A. Design Criteria: 1. Assume responsibility for the design of the products to include structural stability and operational capability. 2. Design members to withstand all loads imposed by installation,erection,and operation of the product without deformation,failure,or adversely affecting the operational requirements of the product. Size and strength of materials for structural members are specified as minimums only. B. Coordination: 1. Provide coordination of the entire Project, including verification that structures, piping, and equipment components to be furnished and installed for this Project are compatible. 2. Determine that the equipment furnished for this Project is compatible with the Contract Document requirements and with the equipment and materials furnished by others. 3. Protective coatings and paints applied to equipment shall be fully compatible with the final coatings to be field applied in accordance with the Contract Documents. C. Adaptation of Equipment: 1. Drawings and Specifications are prepared for the specified products. Make modifications to incorporate the products into the Project at no cost to the Owner, if a substitution for a product is requested and approved in accordance with Section 0131 13 "Project Coordination." 2. Do not provide a product with a physical size that exceeds the available space. Consideration may be given to the acceptance of these products or equipment if the Contractor assumes all costs necessary to incorporate the item and the Engineer approves such revisions. 1.03 SUBMITTALS A. Provide Submittals in accordance with Section 0133 00"Submittal Procedures,"and shall include: Product Requirements 0160 00-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 1. Certificates of Adequacy of Design,as described in Section 0133 00"Submittal Procedures." 2. Other documentation as required by detailed equipment specifications. 1.04 STANDARDS A. The applicable industry standards referenced in the Specifications shall apply as if written here in its entirety. 1.05 GUARANTEES AND WARRANTIES A. Guarantee and or Warranty products furnished by the Contractor under this Contract against: 1. Faulty or inadequate design. 2. Improper assembly or erection. 3. Defective workmanship or materials. 4. Leakage, breakage, or other failure. B. Guarantee and or Warranty the products installed under this Contract, including products furnished by the Owner,against leakage, breakage,or other failure due to improper assembly or erection and against improper installation of the equipment. The guarantee and or Warranty period shall be as defined in the General Conditions. Individual specification sections may have more stringent warranty requirements than stated in the General Conditions.The most stringent warranty will be required in the event of any difference in the two aforementioned locations. 2.00 PRODUCTS 2.01 MATERIALS A. Design,fabricate,assemble,deliver and install according to normally accepted engineering and shop practices,except where a higher standard of quality is required by the Contract Documents. B. Manufacture like parts of duplicate units to standard sizes and gages. Like parts are to be interchangeable. C. Two or more items of the same kind are to be identical and made by the same Supplier. D. Provide products suitable for the intended service. E. Adhere to the equipment capacities,sizes,and dimensions indicated by the Contract Documents. F. Do not use products for any purpose other than that for which it is designed. G. Provide new products unless previously used products are specifically allowed in the Contract Documents. H. Equipment shall not have been in service at any time prior to delivery,except as required by tests. Product Requirements 016000-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12.2017 I. Materials shall be suitable for service conditions. J. Unless otherwise indicated,steel which will be submerged, all or in part,during normal operation of the equipment shall be at least 1/4-inch thick. All edges are to be chamfered to preclude any sharp exposed edges. 2.02 SPECIAL TOOLS AND ACCESSORIES A. Furnish tools, instruments, lifting and handling devices,and accessories necessary for proper maintenance and adjustment that are available only from the Product Vendor or are not commonly available. 3.00 EXECUTION 3.01 INSTALLATION A. Install equipment including equipment pre-selected or furnished by the Owner.Assume responsibility for proper installation,start-up and making the necessary adjustments so that the equipment is placed in proper operating condition. END OF SECTION Product Requirements 016000-3 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 017423 CLEANING 1.00 GENERAL 1.01 This section specifies administrative and procedural requirements for final cleaning at Substantial Completion. 1.02 WORK INCLUDED A. Perform a thorough cleaning of the Site or other structures prior to Owner occupancy of the buildings,and prior to Final Completion. Leave the Project clean and ready for occupancy. 1.03 SUBMITTALS A. Provide data for maintenance per Section 0178 23 "Operation and Maintenance Data." 1.04 QUALITY CONTROL A. Use experienced workmen or professional cleaners for final cleaning. 2.00 PRODUCTS 2.01 MATERIALS A. Furnish the labor and products needed for cleaning and finishing as recommended by the Manufacturer of the surface material being cleaned. B. Use cleaning products only on the surfaces recommended by the Supplier. C. Use only those cleaning products which will not create hazards to health or property and which will not damage surfaces. 3.00 EXECUTION 3.01 FINAL CLEANING A. Thoroughly clean the entire Site and make ready for occupancy. 1. Remove construction debris, boxes, and trash from the Site. 2. Remove construction storage sheds and field offices. 3. Restore grade to match surrounding condition and remove excess dirt. 4. Sweep all drives and parking lots clean of dirt and debris. Use water truck or hose down paved site to like new appearance. B. Clean floors and inspect for damage. 1. Remove oil,grease, paint drippings, and other contaminants from floors,then mop repeatedly until thoroughly clean. Replace damaged flooring. 2. Clean resilient flooring with an approved cleaner and provide one coat liquid floor polish as recommended by the flooring Supplier. Polish to a buffed appearance with powered floor buffer. Cleaning 0174 23-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 C. Align tile to fit properly in grid and replace cracked or damaged tile. Remove smear marks and other dirt from the and clean surface of grid system. D. Spot paint nicks and other damage. If spot-painting does not blend into the existing color and texture of the surrounding surfaces, repaint wall from inside corner to inside corner. Touch up damaged surfaces on factory finished equipment using special paint furnished by the Manufacturer. E. Inspect exterior painted surfaces. Spot paint any damaged surfaces. F. Broom clean exterior paved surfaces and rake clean other surfaces of the grounds. END OF SECTION Cleaning 017423-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 017719 CLOSEOUT REQUIREMENTS 1.00 GENERAL 1.01 SECTION INCLUDES A. Closeout shall include general requirements near end of Contract Time,in preparation for final acceptance,final payment, normal termination of contract,occupancy by Owner,and similar actions evidencing completion of the work. Time of closeout is directly related to "Substantial Completion", and therefore may be either a single time period for entire work or a series of time periods for individual parts of the work which have been certified as substantially complete at different dates. That time variation shall be applicable to other provisions of this Section. 1.02 SUBSTANTIAL COMPLETION A. Upon receipt of Contractor's request,Owner will proceed with inspection. Following initial inspection, Owner will either prepare Certificate of Substantial Completion,or advise Contractor of work which shall be performed prior to issuance of certification;and repeat inspection when requested to assure that work has been substantially completed. 1.03 FINAL ACCEPTANCE A. On or before the date of final inspection Contractor shall turn over to Owner following Contract Close-Out Materials,which he will have accumulated and retained during course of project: 1. All approved submittal data,two complete sets. 2. Written project warranty,and all other equipment and materials warranties/guarantees as signed by all appropriate suppliers or manufacturers,one set. 3. Operating and maintenance instructions for all installed equipment and systems,to include a maintenance and spare parts list,two sets. 4. One set of"Record"drawings and specification showing conditions and dimensions of all construction indicated by original construction documents. Drawings shall show the final grades. 5. Materials will be reviewed by Owner for completion. Final Acceptance will not be approved until Contract Close-out materials are completed. B. As-built Information: 1. Contractor shall submit all as-built drawings indicating all field changes to the plans. Field changes shall be clearly marked and dimensioned indicating the built condition of discipline or area of work. 2. The following information will be required from the contractor prior to final acceptance: 1). Submit documents to Owner with claim for final Application for Payment as follows: Closeout Requirements 0177 19-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 a). After the Owner has approved the as-built drawings (with revisions), provide a scanned multi-page PDF document saved to a CD using the following directory and subdirectory hierarchy: (1). "Project Name": (a). As-builts. (b). Drawings. (c). Specifications. (2). Bonds. (3). Submittals: (a). Synthetic Turf/infill. (b). Cushdrain (c). Other, Etc. (4). Operations and Maintenance Data. (5). Warranties and Guarantees. C. Instruction on use of new products: 1. Contractor shall demonstrate operation and maintenance for all Products to Owner one (1)week prior to date of Substantial Completion. 2. Demonstrate operation,control,adjustment,troubleshooting,servicing,and maintenance of equipment. 3. Insert any new data in Operation and Maintenance Manuals when need for additional data arises during instruction. D. Upon receipt of Contractor's written notice that work has been completed,Owner will schedule inspection with Contractor and inspect work. After inspection,Owner will either approve Final Payment or prepare punch list for Contractor listing work items not completed and incorrect or obligations not fulfilled as required for final acceptance. If necessary, procedure will be repeated. 2.00 PRODUCTS(NOT APPLICABLE) 3.00 EXECUTION 3.01 CLOSE-OUT PROCEDURES A. Arrange to meet with Owner's personnel,at project site,to provide basic instructions needed for proper operation and maintenance of entire work. END OF SECTION Closeout Requirements 017719-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 017823 OPERATION AND MAINTENANCE DATA 1.00 GENERAL 1.01 WORK INCLUDED A. Prepare a complete and detailed Operation and Maintenance Manual for each type and model of equipment or product furnished and installed under this Contract. B. Prepare the manuals in the form of an instruction manual for the Owner. The manual is to be suitable for use in providing operation and maintenance instruction. C. Provide complete and detailed information specifically for the products or systems provided for this Project. Include the information required to operate and maintain the product or system. D. Manuals are to be in addition to any information packed with or attached to the product when delivered. This information is to be taken from the product and provided as an attachment to the manual. E. Cost for O&M Manuals provided by Suppliers and Subcontractors as described in this section are to be included in the Cost of Work. Contractor efforts are included in the Contractor's fee for Construction Phase Services. 1.02 SUBMITTALS A. Submit manuals in accordance with Section 0133 00"Submittal Procedures." Attach to each manual a copy of the Operation and Maintenance Manual Review Form with pertinent information completed. 1.03 GUARANTEES A. Provide copies of the Manufacturer's warranties,guarantees,or service agreements in accordance with Section 0177 19"Closeout Requirements." 2.00 PRODUCTS 2.01 MATERIALS A. Print manuals on heavy,first quality paper. 1. Paper shall be 8-1/2 x 11 paper. a. Reduce drawings and diagrams to 8-1/2 x 11 paper size. b. When reduction is not practical,fold drawings and place each separately in a clear, super heavy weight,top loading polypropylene sheet protector designed for ring binder use. Provide a typed identification label on each sheet protector. 2. Punch paper for standard three-ring binders. B. Place manuals in Wilson Jones 385 Line D-Ring Dublock Presentation Binders. 1. Binders are to have clear front, back, and spine covers. 2. Sheet lifters are to be provided. Operation and Maintenance Data 0178 23-1 FPS17435—Replacement of SVnthetic Turf Fields at Gateway Park December 12,2017 3. Minimum size is 2-inch capacity. Maximum size is 3-inch capacity. C. Provide tab indexes for each section of the manual. 1. Indexes are to be constructed of heavy-duty paper with a reinforced binding edge and punched with 9/32-inch holes to fit the binders. 2. Index is to have clear insertable tabs for a typed insert. 2.02 ELECTRONIC MANUAL FORMAT A. Manual contents to be provided on compact disc(CD). 1. Minimum CD storage capacity is 700 MB. 2. CD to have read/write capability. B. Provide individual electronic files for each manual. 1. Acceptable file types for written documents are Portable Document File(PDF)or Microsoft Word formats. Acceptable file types for drawing files are PDF formats. All files shall be compatible with the latest software version available. 2. Filename shall identify the equipment manufacturer and date equipment placed in service. i.e.WWTP-PC1-Manufacturer-200503.pdf. 3. Submit a preliminary version of the electronic format of the manual for review. Upon approval of the preliminary submittal,the Contractor shall provide three copies of the electronic manual to the Owner. 3.00 EXECUTION 3.01 MANUAL ORGANIZATION AND CONTENTS A. Provide a Table of Contents listing each section of the manual for each product or system. 1. Identify each product or system using the nomenclature shown in the Contract Documents. 2. Provide index tabs for each section in the manual. 3. The designation on each index tab is to correspond to the number and letter assigned in the Table of Contents. B. Include only the information that pertains to the product described. Annotate each sheet to: 1. Clearly identify the specific product or component installed. 2. Clearly identify the data applicable to the installation. 3. Delete reference to inapplicable information. C. Supplement manual information with drawings as necessary to clearly illustrate relations of component parts of equipment and systems,and control and flow diagrams. D. Identify each manual by placing a printed cover sheet in the front cover of the binder and as the first page in the manual. The first page is to be placed in a clear polypropylene sheet protector. The information on first page and the cover page are to include: Operation and Maintenance Data 017823-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 1. Name of Owner. 2. Project Name. 3. Volume number. 4. The Table of Contents for that volume. E. Insert the Table of Contents into the spine of each manual. F. Correlate the data into related groups when multiple binders are used. G. Fill binders to only three-fourths of its indicated capacity to allow for addition of materials to each binder by the Owner. 1. Other information as maybe required by the individual sections of the Specifications. 3.02 ARCHITECTURAL PRODUCTS MANUAL A. Manual shall provide the following information: 1. Instructions for care and maintenance. 2. The Manufacturer's recommendations for types of cleaning agents and methods. 3. Cautions against cleaning agents and methods that are detrimental to the product. 4. Recommended maintenance and cleaning schedule. B. Other information as maybe required by the individual sections of the Specifications. 3.03 LIST OF SERVICE ORGANIZATIONS A. Provide a directory of authorized service organizations with company name,address, telephone number,e-mail address and the contact person for warranty repair. END OF SECTION Operation and Maintenance Data 017823-3 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 SECTION 02 4119-DEMOLITION PART 1-GENERAL 1.1 WORK OF THIS SECTION A. Drawings, Standard General Conditions of Contract, Supplementary conditions and Division-1 Specification Sections, apply to work of this section. 1.2 DESCRIPTION A. Refer to plans for items to be demolished. 1.3 REQUIREMENTS A. Standards: Unless they are modified or exceeded by the requirements of this Specification, conform to applicable parts of ANSI A10.6"Safety Requirements for Demolition." B. Schedule: Perform this work as required by the progress schedule for the project. 1.4 PROTECTION A. General: 1. Construction of temporary barricades, walks, passage-ways, and other items that are necessary to protect persons and property from hazard or damage due to construction operations,and as required by applicable regulations. 2. Design and construct such protective barriers and devices to have sufficient strength and of such materials as will accomplish their protective function. B. Site: Unless specified or directed otherwise, carefully protect existing walks, lawns, other buildings,and other work on site,whether specifically indicated on the Drawings or not. C. Trees and Shrubs: Protect trees and shrubs that are to remain in place from foliage,trunk and root damage that may result from construction operations. Do not park vehicles or equipment, nor store materials beneath the dripline of existing trees. Place plastic construction fencing at dripline of trees to protect root zones. D. Streets and Sidewalks: Protect streets, sidewalks, curbs, and other improvements not designated for demolition,as necessary to prevent damage to them. Repair any damage caused by Contractor operations. E. Persons: Provide warning signs, hazard and service lights, and other devices as necessary for the protection of persons from injury due to construction operations and as required by applicable regulations. Demolition 024119-1 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 F. Remaining Structure: Take precautions not to damage existing structures which are to remain. Any damage caused by demolition operations is to be repaired by the Contractor without cost to the Owner. PART 2- PRODUCTS(NOT APPLICABLE) PART 3-EXECUTION A. Method: 1. General-Keep noise,dust and debris to a minimum. 2. Workmanship - Demolition of portions of structures that will remain shall be done carefully so that exterior surfaces can be renovated or restored to original use as easily as possible. B. Scrap Materials: Material and debris resulting from demolition operations is the property of the contractor and shall be disposed of properly at a licensed municipal land fill, or as otherwise approved by the Owner. No sale of surplus materials shall be conducted on the site. C. Backfill: Subgrade areas may not be used for disposal of surplus material without specific written approval and then,only if placed by approved methods. D. Above Grade Structures: Demolition to the level of existing grade. E. On-Grade Structures: Remove slabs,walks,and paving completely. F. Below Grade Structures: Remove all portions to level of existing grade. Break all subgrade slabs sufficiently to prevent trapping of water either above or below them. END OF SECTION Demolition 024119-2 FPS17435—Replacement of Synthetic Turf Fields at Gateway Park December 12,2017 Appendices GC-6.06.D Minority and Women Owned Business Enterprise Waiver City of Fort Worth Purchasing Request for Waiver of MBE/SBE Subcontracting/Supplier Goal PROJECT NAME: Gateway Park Soccer Fields (Please check the appropriate box) OITB O RFP ORFQ ORFI OCISV @Other State Cooperative Program O Reverse Auction OSole Source NOTE:All support documentation needs to be attached to this request. 18-0036 $2,139,887.57/December 476-15 BID/PROJECT NO. ESTIMATED BID/PROPOSAL DATE NIGP CODE pfapplicabie) (Attach your mailing list) Jeff Cope =T„'„”u W 8313 November 1,2017 BUYER SIGNATURE EXTENSION DATE Prior to advertisement the contracting/managing department shall determine whether the bid/RFP is one which MBE/SBE requirements should not be applied. MBE/SBE requirements may be waived upon written approval of the M/WBE Manager. If one of the conditions listed below exists,the contracting/managing department shall notify the Manager via this form,stating the specific reason(s)for requesting a waiver. If the contracting/managing department and the Manager are in conflict over the granting of a waiver, either may appeal to the City Manager, or designee, whose decision is final. Please Check Applicable Reason: =A. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance,because the public or administrative emergency exists which requires the goods or services to be provided with unusual immediacy; or QB. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the MWBE Office, in accordance with the M WBE or BDE Ordinance,because the purchase of goods or services is from sources where subcontracting or supplier opportunities are negligible; or QC. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance,because the application of the provisions of this ordinance will impose an economic risk on the City or unduly delay acquisition of the goods or services; or OD. MWBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the Purchasing Division and approved by the MWBE Office,in accordance with the M/WBE or BDE Ordinance, because the MWBE Waiver is based on the sole source information provided to the MWBE Office by the Purchasing Division Buyer. Justify Commodity or Service Waiver Request: Parks and Recreation Department will use this agreement for construction of soccer fields under BuyBoard Contract No.476-15 directly from vendor. Therefore,subcontracting opportunities from a certified MWBE firms aro negligible. Please use additional sheets,if needed M WBE OFFICE USE ONLY: Melvin E. Dennis °Data-.of 11 M16';-WW 11/01/17 Approved oved Signature of M/WBE Authorized Personnel Date Not Approved Signature of M/WBE Authorized Personnel Date Rev.2-ZD-13 GC-6.07 Prevailing Wage Rates 2013 PREVAILING WAGE RATES (Heavy and Highway Construction Projects) CLASSIFICATION DESCRIPTION Wage Rate Asphalt Distributor Operator $ 15.32 Asphalt Paving Machine Operator $ 13.99 Asphalt Raker $ 12.69 Broom or Sweeper Operator $ 11.74 Concrete Finisher,Paving and Structures $ 14.12 Concrete Pavement Finishing Machine Operator $ 16.05 Concrete Saw Operator $ 14.48 Crane Operator, Hydraulic 80 tons or less $ 18.12 Crane Operator, Lattice Boom 80 Tons or Less $ 17.27 Crane Operator, Lattice Boom Over 80 Tons $ 20.52 Crawler Tractor Operator $ 14.07 Electrician $ 19.80 Excavator Operator,50,000 pounds or less $ 17.19 Excavator Operator,Over 50,000 pounds $ 16.99 Flagger $ 10.06 Form Builder/Setter,Structures $ 13.84 Form Setter,Paving&Curb $ 13.16 Foundation Drill Operator,Crawler Mounted $ 17.99 Foundation Drill Operator,Truck Mounted $ 21.07 Front End Loader Operator,3 CY or Less $ 13.69 Front End Loader Operator,Over 3 CY $ 14.72 Laborer,Common $ 10.72 Laborer,Utility $ 12.32 Loader/Backhoe Operator $ 15.18 Mechanic $ 17.68 Milling Machine Operator $ 14.32 Motor Grader Operator,Fine Grade $ 17.19 Motor Grader Operator,Rough $ 16.02 Off Road Hauler $ 12.25 Pavement Marking Machine Operator $ 13.63 Pipelayer $ 13.24 Reclaimer/Pulverizer Operator $ 11.01 Reinforcing Steel Worker $ 16.18 Roller Operator,Asphalt $ 13.08 Roller Operator,Other $ 11.51 Scraper Operator $ 12.96 Servicer $ 14.58 Small Slipform Machine Operator $ 15.96 Spreader Box Operator $ 14.73 Truck Driver Lowboy-Float $ 16.24 Truck Driver Transit-Mix $ 14.14 Truck Driver,Single Axle $ 12.31 Truck Driver,Single or Tandem Axle Dump Truck $ 12.62 Truck Driver,Tandem Axle Tractor with Semi Trailer $ 12.86 Welder $ 14.84 Work Zone Barricade Servicer $ 11.68 The Davis-Bacon Act prevailing wage rates shown for Heavy and Highway construction projects were determined by the United States Department of Labor and current as of September 2013. The titles and descriptions for the classifications listed are detailed in the AGC of Texas'Standard Job Classifications and Descriptions for Highway, Heavy,Utilities,and Industrial Construction in Texas. Page 1 of 1 GR-0160 00 Product Requirements �� F FF trix TURF FILL Matrixc Turf with Helix Technology—46 oz.Synthetic Turf System SECTION 321823-INFILLED SYNTHETIC TURF 1.0 GENERAL REQUIREMENTS 1.1 RELATED DOCUMENTS A. Drawings and general provisions of the Contract, including General and Supplementary Conditions apply to this section. 1.2 SCOPE OF WORK Furnish all labor, materials, tools and equipment necessary to install, in place, all synthetic turf material as indicated on the plans and as specified herein. The installation of all new materials shall be performed in strict accordance with the manufacturer's written installation instruction, and in accordance with all approved shop drawings. A. Prior to order of materials,the Turf Contractor shall submit the following: 1. Product Data including Independent Test Lab Results 2. Installation Details 3. Sample Warranty 4. Field layout and striping plans 5. Details on construction, especially any details that may deviate from plans and specifications. B. Prior to the beginning of installation,the manufacturer/installer of the synthetic turf shall inspect the subbase and supply a Certificate of Subbase Acceptance for the purpose of obtaining manufacturer's warranty for the finished synthetic playing surface. C. Prior to Final Acceptance, the Turf Contractor shall submit to the Owner three (3) copies of Maintenance Manuals, which will include necessary instructions for the proper care and preventative maintenance of the synthetic turf system,including painting and striping. 1.3 SHOP DRAWINGS A. Shop drawings shall be prepared at the scale of the construction documents and contain all pertinent information regarding installation. These drawings shall be submitted to the Owner for approval prior to the manufacturing and shipment of materials. B. Submit drawings for: 1. Installation details; edge detail, goal post detail,other inserts and covers,etc. 2. Striping plan;layouts showing any field lines, markings and boundaries, and field logos per project drawings. 1.4 QUALITY ASSURANCE A. Manufacturer/Installer's Experience: 1 �� FIFF trix T U R F CUSHDRATN The synthetic turf installer/manufacturer shall have manufactured and installed at least fifty (50) acceptable installations of full-size football or soccer fields (minimum of 70,000 SF) in the United States within the past five (5) years with tufted, helix-shaped monofilament fiber synthetic turf infilled with a layered system of pea gravel and rubber. Provide this listing with the bid. The Turf Contractor shall employ only qualified,experienced supervisors and technicians skilled in the installation of the specked system. B. Turf Contractor shall meet the following criteria: 1 Turf Contractor must have proper Contractors license, authority to do business in the state bidding, in good standing, and have never had revocation of the same. 2. Turf Contractor must have been in business for ten(10)years under the same name and corporate organization. 3. Turf Contractor must have NOT had a Surety or Bonding Company finish work on any contract within the last ten(10)years. 4. Turf Contractor must have not been disqualified or barred from performing work for any public Owner or other contracting entity in the last ten(10)years. 5. Turf Contractor must not have any fields replaced under warranty 6. Turf Contractor must not be currently involved with any patent or trademark litigation, specifically being sued or suing for patent infringement. 7. Turf Contractor must be a member of American Sports Builders Association(A.S.B.A)for more than 10 years and be in good standing with the association and must have a Certified Field Builder on staff during the bidding and construction process. 8. Any Turf Contractor which has been in business for less than 10 years, had a name change within that time period or has changed/modified its name or had a legal structure change, has had a 35%change in ownership In the last 10 years,will not be considered as a contractor or supplier. 9. Turf Contractor must be a single source contractor.The contractor must install the synthetic turf and the base construction or repair with its own employees(not subcontractors)and must self-perform 100%of total scope of work. 10. Turf Contractor must utilize the Field Lock System US Patent#7,838,096 and have Field Lock certification. 11 Turf Contractor shall use Helix technology,patent pending,on the turf fibers during the manufacturing/extrusion process of the synthetic turf system. 12. Turf Contractor must manufacture its own fiber and synthetic turf,two-step distribution is not acceptable. Turf Contractors who do not manufacture their own fiber and synthetic turf shall be disqualified. 13. Turf Contractor must have manufactured its own synthetic turf for at least 10 years. 14. Turf Foreman must currently be employed by Turf Contractor and have been an employee not subcontractor of Turf Contractor for at least the last five years. 2 HFILL Illatrix TURF CUSHDRAIN 15. Turf Contractor must be a member of the Synthetic Turf Council. 16. Turf Contractor must self-perform the laser grading of the stone,curb work,drainage work and all other site work associated with the construction of the synthetic turf field. 17. Turf Contractor must provide liability insurance policy with aggregate umbrella liability coverage of$10,000,000. 18. The synthetic turf system must have been in service in the U.S.for at least ten years. 19. The Turf Contractor shall install a 19mm Cushdrain®pad that is paved into place over the laser-graded stone foundation of the turf field. Only factory trained technicians skilled in the installation process shall execute the placement of the Cushdrain system. 20. The Turf Contractor shall have 10 years of experience in the installation of Cushdrain systems.The contractor shall also have at least eighty(80)acceptable Cushdrain installations in the United States of the exact specified product within the past ten(10) years. C. Warranty: The Turf Contractor shall submit the synthetic turf manufacturer's warranty. The warranty guarantees the usability and playability of the synthetic turf system for its intended uses for an eight (8)year period commencing with the date of Substantial Completion. 1 The warranty submitted must have the following characteristics: a. Must provide coverage for eight(8)years from the date of Substantial Completion. b. Must warrant materials and workmanship. C. Must verify through a third party that the materials installed meet or exceed the product specifications. d. Must have a provision to either make a cash refund or repair or replace such portions of the installed materials that are no longer serviceable to maintain a serviceable and playable surface. e. Must be a manufacturer's warranty from a single source covering workmanship and all self-manufactured or procured materials. f. Turf Contractor must provide a full eight year third party insured warranty on the synthetic turf with an aggregate coverage of$10,000,000. 1.5 EXISTING CONDITIONS A. If the surface on which the new synthetic turf system is to be placed is an existing asphaftic/concrete base, the Turf Contractor will be responsible for any damage to the concrete during removal/installation of the synthetic turf system.The football goal posts, if any, are to be removed and reinstalled by the Owner or Prime Contractor to facilitate the installation of the new synthetic turf system. 3 matrix "TURFFILL FILL B. If the surface on which the new synthetic turf system is to be placed is a new asphaltic concrete base or a new base of porous aggregate, the Turf Contractor will be responsible for any damage to the subbase during removal/installation of the synthetic turf system afterthe deficiencies(if any) have been corrected as noted on the Certificate of Subbase Acceptability. New football goal posts (if any)and/or infield dirt mix backfill within the contiguous turf limits or immediately adjacent thereto are not to be installed by the Owner/Prime Contractor until after the new synthetic turf system has been completed. 1.6 SCHEDULE A. Tun` Contractor shall complete all work on the synthetic turf system in accordance with the published project schedule. B. The Turf Contractor will require unencumbered use of an area within 30 feet of the synthetic turf area(s) being installed in order to complete his work. Turf Contractor shall also be afforded unencumbered access through the construction site to reach the turf field area being installed. 1 7 SURFACE AREA A. The Turf Contractor is to verify all measurements. 1.8 UTILITIES A. Owner/Prime Contractor will supply necessary water, adequate lighting and electricity for Installation. Owner/Prime Contractor shall permit the use of toilet and wash up facilities. 2.0 PRODUCTS 2.1 MATERIALS A. Synthetic turf shall be comprised of a helix-shaped mono fiber tufted and coated with a secondary backing of high grade polyurethane. The synthetic turf yam shall be comprised of a C8-based linear low density polyethylene polymer(LLDPE)with a 10,000 PPM UV Stabilizer. The fibers shall be tufted to a finished pile height of approximately 2' (+/1/8'). The turf fabric shall be filled with a layered system of pea gravel and rubber. B. All components and their installation method shall be designed and manufactured for use on outdoor athletic fields. The materials as hereinafter specified, should be able to withstand full climatic exposure in all climates, be resistant to insect infestation, rot,fungus and mildew;to ultra- violet light and heat degradation, and shall have the basic characteristic of flow through-drainage allowing free movement of surface run-off through the turf fabric where such water may flow to the existing subbase and into the field drainage system. C. The finished playing surface shall appear as mowed grass with no irregularities and shall afford excellent traction foi conventional athletic shoes of all types. The finished surface shall resist abrasion and cutting from normal use. The installed system shall be suitable for football, soccer lacrosse,baseball,softball, PE classes, intramurals and recreational use. D. Pile yam(Polyethylene)shall be a proven athletic caliber yam designed specifically for outdoor use and stabilized to resist the effect of ultraviolet degradation, heat, foot traffic, water and airborne pollutants. E. Infill material shall be layered system of pea gravel and rubber in accordance with the 4 FIEF matrix "TURF CUSHDRATN manufacturer's recommendations and the owner's preference and shall be constructed in accordance with the United States Patent#6,800,339 B. No other infill will be accepted. F. Perimeter and interior edge details, underground storm sewer piping and connections, and goal post foundations required for the system shall be as detailed and recommended by the manufacturer, and as approved by the Owner. G. Basis of Design: Matrix with Helix shape memory technology as manufactured by Hellas Construction, Inc. 5 atrix' C FILL "TURF CUSHDRAIN' Matrix°Turf with Helix Technology—46 oz.Synthetic Turf System Standard Property Specification 1 ASTM D418ID5848 Pile Weight 46 oz./Sq.Yd. 2 ASTM D5848 Primary and Secondary Sacking Weight 7.9 oz./Sq.Yd. 3 ASTM D5848 Secondary Coating Weight 20-26 oz./Sq.Yd. 4 ASTM D5848 Total Weight 73.9-79.9 oz./Sq.Yd. 5 ASTM D1907 Yam Denier 12,400 6 ASTM D418/D5848 Pile Height 2" (+11/8") 7 ASTM D5793 Tufting Gauge 1/2" 8 ASTM D5848 Primary Backing Tri-layer woven Polypropylene 9 ASTM D5848 Secondary Coating Polyurethane 10 ASTM D1335 Tuft Bind without IntiH 10 lbs. +/- 11 ASTM D1682/D5034 Grab Tear(length) >300 lbs. Force 12 ASTM D1682/D5034 Grab Tear(width) >350 lbs. Force 13 ASTM D4991 Carpet Permeability >40 inches/hour 14 ASTM D2859 Flammability(Pill Burn) Pass 15 ASTM F355 G-max(Impact Attenuation) X100 at installation <130 over warranty life 16 ASTM E-11 Realfi11T^1 Infill 4.5-6 lbs+/-per square foot 17 Fabric Width 15' 18 Perforation 3116"Holes 4"X 4" 19 ASTM D3218 Yarn Average thickness 170 microns C8 LLDPE Resin 10,000 PPM LN Stabilizer 20 Cushdrain Shack Pad Material: 1-5 mm SBR Rubber mineral aggregate and moisture cured polyurethane binder. Thickness: 19mm Density: 52 lbs cu ft Weight: 40 lbs/sy 21 All characteristics listed above nominal+1-5% Matrix®turf incorporates life like individual blades of grass, tufted into the strongest and most dimensionally stable backing system available with a polyurethane pre-coat for the ultimate in tuft-bind. Matrix is filled with a pea gravel(2-3 lbs)and cuboidal rubber infill(2.5-3.0 lbs)-RealfiIITM Infill will be a minimum of 75%of synthetic turf pile height. Helix shape memory technology is added to Matrix fibers during the manufacturing/extrusion process which makes the fiber twist into a helix shape. This unique shape locks in and secures the infill to improve traction.The monofilament fibers twist to cover and trap the rubber granules preventing the system from expelling the infill upon impact. Matrix is a fully UV stabilized system ideal for outdoor use. This document is for illustrative purposes and may change without notice. Purchaser should verify that a representative specification of the system to be installed has been received prior to the establishment of a project or contract 6 FILL rte►atrix "TURF CUSHURAIN 3.0 EXECUTION 3.1 GENERAL A. The installation shall be performed in full compliance with approved shop drawings. B. Only factory-trained technicians, skilled in the installation of athletic caliber synthetic turf systems working under the direct supervision of the synthetic turf manufacturer's installation supervisors shall undertake the placement of the system. C. The surface to receive the synthetic turf shall be inspected and certified by the turf manufacturer as ready for the installation of the synthetic turf system and must be perfectly clean as installation commences and shall be maintained in that condition throughout the process. 3.2 INSTALLATION A. The subbase and curbs shall be inspected by the Engineer or Sitework Contractor by means of a laser level and plotted on a 10-foot grid. Based upon the Turf Contractor's inspection of the topological survey, the Sitework Contractor shall fine grade the subbase suitably - including properly rolling and compacting the base to achieve a surface planarity within %,in 10 feet(+0, - 1/4"0) OWNER,ENGINEER OR PRIME CONTRACTOR SHALL NOT APPROVE THE SUBBASE FOR TOLERANCE TO GRADE WITHOUT OBTAINING THE TOPOLOGICAL SURVEY, B. The Turf Project Superintendent shall thoroughly inspect all materials delivered to the site both for quality and quantity to assure that the entire installation shall have sufficient materials to maintain the schedule and proper mixing ratios. C. Synthetic turf shall be loose laid across the field and attached to the perimeter edge detail. Turf shall be of sufficient length to permit full cross-field installation. No head or cross seams will be allowed,except as required for inlaid fabric striping or to accommodate programmed cut-outs. D. All seams shall be flat,tight,and permanent with no separation or fraying. All seams and markings shall be adhered to a special tape with a single component, high strength polyurethane adhesive applied per the Turf Supplier's standard procedures for outdoor applications. E. Infill materials shall be properly applied in numerous thin lifts using special broadcasting equipment to produce a layered system of pea gravel and SBR rubber particles. The turf shall be raked and brushed properly as the mixture is applied. The layered system of pea gravel and rubber infill materials can only be applied when the turf fabric is dry. F Weather/climatic conditions may be a factor in delay of installation,but shall not warrant the accrual of additional liquidated damages. Should the ambient outdoor temperature fall below 45 degrees Fahrenheit,the Turf Contractor and Owner will discuss available options and/or stoppage of work. However, the final decision shall be at the Turf Contractor's discretion. 3.3 FIELD MARKINGS AND DECORATIONS A. Field markings and decorations shall be installed in accordance with approved project shop drawings. 3.4 CLEAN UP 7 � atrix "T U R F FILL CUSHDRAIN A. Turf Contractor shall provide the labor, supplies and equipment as necessary for final cleaning of surfaces and installed items. B. All usable remnants of new material shall become the property of the Owner. C. The Turf Contractor shall keep the area clean throughout the project and clear of debris. D. Surfaces, recesses, enclosures, etc., shall be cleaned as necessary to leave the work area in a clean, immaculate condition ready for immediate occupancy and use by the Owner. 4.0 OTHER MATERIALS AND EQUIPMENT A. Maintenance Equipment Provide one(1)towed, non-powered Turf Sweeper with hitch, excluding prime mover vehicle.The sweeper attachment shall be of sufficient size to cover a 36" wide swath in a single pass. The sweeper attachment shall be fitted with synthetic bristle brushes as recommended by the synthetic turf manufacturer and shall be used primarily to collect surface debris. HELLAS CONSTRUCTION, INC. 12710 Research Boulevard Suite 240 Austin,Texas 78759 r • T: 512.250.2910 F: 512.250.1960 W W W.HELLASCONSTRUCTION.CON 8 19mm ELASTIC LAYER (Cushdrain®) SHOCK PAD 2.0 PRODUCTS 2.1 MATERIALS A. Elastic Layer Shock Pad The shock pad shall be 19mm in nominal thickness, energy absorbing,elastic layer. Composition to be 1 - 5mm SBR rubber„ mineral aggregate and moisture cured polyurethane binder. Elastic layer system shall have demonstrated resistance to rot, mildew, water, freeze-thaw and compression set associated with normal athletic field use. Material Lbs./Sq.Yd 1-5mm SBR Rubber Granules 18.0 Pea Gravel 18.0 Binder 200 2.9 Total 38.9 1 Shock pad shall possess these physical characteristics: Thickness 19mm Density 52 lbs.cu ft Weight 40 IbsJsq.yd. Shock Absorbency(ASTM F355) <100G's+ for total system 3.0 EXECUTION 3.1 GENERAL A. The installation shall be performed In full compliance with approved shop drawings. B. Only factory trained technicians skilled in the installation of athletic caliber synthetic turf systems working under the direct supervision of Hellas Construction Inc.'s supervisors shall undertake the placement of the system. C. The surface to receive the synthetic turf system shall be inspected and certified by the manufacturer as ready for the installation of the synthetic turf system and must be perfectly clean as installation commences and shall be maintained in that condition throughout the process. 3.2 INSTALLATION HELLAS CONSTRUCTION, INC. 12710 Research Boulevard Suite 240 ® Austin,Texas 78759 (� •' + T: 512.250.2910 F: 512.250.1960 W W W.HELLASCONSTRUCTION.COM A. The subbase shall be inspected by the Engineer or Sitework Contractor by means of a laser level with a minimum 500 shots noted. Based on the Contractor's inspection of the topological survey the Sitework Contractor shall fine grade the subbase suitably - Including properly rolling and compacting the base. CONTRACTOR SHALL NOT APPROVE THE SUBBASE FOR TOLERANCE TO GRADE WITHOUT OBTAINING THE TOPOLOGICAL SURVEY, B.The Project Superintendent shall thoroughly inspect all materials delivered to the site both for quality and quantity to assure that the entire installation shall have sufficient material to maintain proper mixing ratios. C.The elastic layer is to be constructed in one lift.The field shall be constructed beginning at the top of the crown or middle of the field. The lift shall be laid running the length of the field, i.e„ from end line to end line. All joints shall be troweled with compaction by a paving machine operator as the material is paved. In addition, all seams shall be hand rolled. Cold pad joints and areas such as concrete curbing on which material lays or abuts may be primed with a polyurethane primer supplied by the binder manufacturer. The elastic layer shock pad must be allowed to cure for 48 hours prior to installation of the synthetic turf system. HELLAS CONSTRUCTION, INC. 12710 Research Boulevard Suite 240 Austin,Texas 78759 Lazm T: 512.250.2910 F: 512.250.1960 W W W.HELLASCONSTRUCTION.COM CUSHDRAIVO W A Cushdrain elastic layer provides safety and optimizes the playability of your synthetic turf field. IRM NOTABLE INSTALLATIONS: 11�I"Ihl PAT UNIVERSITY OF TEXAS UNIVERSITY OF CALIFORNIA-BERKELEY CATHEDRAL PREP HIGH SCHOOL ; - GARDEN CITY COMMUNITY COLLEGE H HERMISTON HIGH SCHOOL ::. SPECIFICATIONS The Cushdrain elastic shock pad shall be 19mm in nominal thickness. Composition to be 1-5mm SBR rubber granules, mineral aggregate, and moisture-cured polyurethane binder. Elastic layer system shall have demonstrated resistance to ro rot, mildew,water, freeze-thaw, and compression set associated with normal athletic field use. Cushdrain significantly reduces the change in the synthetic field's G-max over time, which often increases as the MATERIAL LBS./SQ.Yb. synthetic turf ages providing a safer playing field for your 1-5mm SBR Rubber Granules 18.0 athletes. Pea Gravel 18.0_. Binder 2.9 TRUER PLANARITY TOTAL 38.9 Cushdrain is precisely installed and bound together as a single layer below the synthetic turf. It holds a true form and position over time. INCREASED LONGEVITY Cushdrain absorbs stress put on the synthetic turf,diffusing the point of impact and will remain in place for multiple turf life cycles.This cuts down on the overall cost of replacing your turf field in the future. IMPROVED DRAINAGE Cushdrain draws water away from the field's surface and �- into the drainage system- reducing downtime caused by CUSHDRAIN SYSTEM INSTALLATION heavy rains. ' BUILDING IT RIGHT. FROM START TO FINISH. 1-800-233-5714 1 HELLASCONSTRUCTION.COM GR-02 Conditional Certificate of Completion(CCOC)for Former Riverside Wastewater Treatment Plant and Gateway Park Sector 4,Soccer and Rugby Complex Buddy Garcia,Chairman n Larry R.Soward,Commissioner Bryan W Shaw,Ph.D..,Commissioner Glenn Shankle,Executive Director TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Protecting Texas by Reducing and Preventing Pollution .April 7,2008 Mr Richard Ialley,Regulatory/ Envir•omnental Coordinator City of'Fort Worth Water Department 1000 Throckmorton Fort Worth,TX 76102 Re: Conditional Certificate of Completion(CCOC)for Former Riverside Wastewater-Treatment Plant and Gateway Park Sector 4, Soccer and Rugby Complex, 4600 East First Street, Fort Worth, I'arrant County,TX; Voluntary Cleanup Program(VCP)No.. 1462 Dear Mr Talley: The Iexas Commission on Environmental Quality (TCEQ) has reviewed the report entitled "Response Action Completion Report" dated May 1, 2007, as well as other requested information.. The information provided in the report demonstrates attainment of'Texas Risk Reduction Program Remedy Standard B commercial/industrial land use standards, in accordance with 30 Texas Administrative Code (TAC) §35033 Therefore, the TCEQ issues the enclosed CCOC. The TCEQ records for this site will be maintained at the Central Records office of the TCEQ in Austin,Texas.. Response actions performed in the VCP which do not attain residential health-protective levels or which rely upon physical controls, remediation systems, post-response action care, or permanent or non- permanent institutional controls require filing of the CCOC in the real property records of the county in which the site is located in accordance with 30 IAC §333.9 Please submit proof of filing the CCOC in the real property records no later than 90 days from the date of the certificate to my attention at the TCEQ,mail code MC-221,at the letterhead address. Failure to submit proof of filing demonstrating that the certificate was filed within 90 days of issuance may result in termination of the VCP agreement and an enforcement action Please be aware that there may be outstanding charges reflecting TCEQ oversight activities that occurred prior to the date of this letter that may still be forthcoming You may contact Ada Lichaa with any questions or comments you have at(512)239-6728. Sincerely, 0�_� Alan R.Batcheller,PG Director Remediation Division ARB/ts Enclosure P..O Box 13087 • Austin, Texas 78711-3087 • 512-239-1000 • lntemet address:www tceq..state..tx.us printed on recycled paper using s0ybased ink TEXAS COMMMSION ONENVIRONMENTALQUALITY rb U Y { VOLUNTARY CLEANUP PROGRAM CONDITIONAL CERTIFICATE OF COMPLETION This Conditional Certificate of'Completion(Certificate)applies to the tract of land described in Exhibit"A",attached hereto and incorporated herein by reference..The continued effectiveness of this Certificate is dependent upon compliance with the conditions set forth in Exhibit"D",attached hereto and incorporated herein by reference. If there is not satisfactory compliance with these conditions,this Certificate is voidable by the Texas Commission of Environmental Quality(TCEQ). This Certificate shall be a covenant that runs with the land. As provided in Section 361.609 of'the Iexas Healfh and Safety Code: 1,Alan R Batcheller,P.G,Director of the Remediation Division..TCEQ,certify as follows. Certain response actions have been implemented for YCPNo.1462 as ofJanuary 28.2008,for the tract of land described in Exhibit "A"so that the tract is acceptable for commercial industrial land use This certification is based on the Affidavit of Implementation ofResponseActtons(Exhibit"B").Restrictive Covenant(Exhibit"C") and ExposureAssumptions(Exhibit"D'),attached hereto and incorporated herein by reference,and on additional site information maintained in TCEQ ftles The following persons are qualified to obtain the protection from liability described in Section 361.610 of the Texas Health and Safety Code,provided the applicant or future owners are not in violation ofthe restrictive covenant in Exhibit"C"and satisfactorily achieving and maintaining the conditions described in Exhibit W- 1) An applicantwho on ihedateofsubmittalofan application to the Voluntary Cleanup Program was not a responsibleparty under Sections 361..271 or 361275(g)of the Texas Health and Safety Code;and 2) All persons(e.g.,f utureowners,future lessees,f itureoperators and lenders)who on the date of'issuance ofthis Certificate were not responsible parties under Sections 361.271 or 361 275(g)of the Texas Health and Safety Code. Further information concerning this matter may be found at the I'CEQ Central File Room in Building E,Room 103,12100 Park 35 Circle,Austin,Texas 78753 under Voluntary Cleanup Program No 1462: V., 01 EXECUTED this 1 day of 0 Alan R Batcheller,P.G.,Director Remediation Division STAIE OF IEXAS TRAVIS COUNTY BEFORE ME,on this the day of G2az ,personally appeared Alan R.Batcheller,P.G.,Director, Remediation Division of the Texas Commission on Environmental Quality,known to me to be a representative of'said commission whose name is subscribed to the foregoing instrument and he acknowledged to me that he executed the same for the purposes and in the capacity therein expressed. '} GIVEN Iy1Y, D-A 1 CE,thisthe!day of 20 dE TAMARA M.SVJAG]'J'� MY COMMISSION EX 'f �12� tary Public in and for the Site exas EXHIBIT`A" TEXAS COMMISSION ONENVIRONMENTAL QUALITY VOL UNTARY CLEANUP PROGRAM LEGAL DESCRIPTION OF THE VCP No..X462 the Partial Response Action Area(PRAA)is a 20 816 acre tract,more or less, out of Block 1 of Gateway Park Addition, an addition to the City of Fort Worth 429.535 acre tract located at 4600 East First Street, Fort Worth, as recorded in Cabinet A, Slide 3 & 4 of the Plat Records of Tarrant County, Texas, said a 20..816 acre PRAA is more particularly described as follows: Please see attached. BOUNDARY SURVEY 20.816 ACRES OUT OF BLOCK 1 OF GATEWAY PARK ADDITION DESCRIPTION OF PROPERTY Being a 20,816 acre tract of land out of Block 1 of Gateway Park Addition,an addition to the City of Fort Worth, Tarrant County, Texas, as recorded-in Cabinet A, Slide 3 & 4 of the Plat Records of Tarrant County,Texas, said Block 1 being deeded to The City of Fort Worth and Tarrant County Water Control and Improvement District No. 1 as recorded in Volume 7210, Page 2333, Volume 6866, Page 256, Volume 7028,Page 518, Volume 1744, Page 250, Volume 7168,Page 1964, Volume 7097, Page 2137, Volume 7216, Page 2132, Volume 7243, Page 141, Volume 6419, Page 302, Volume 699, Page 439, Volume 6428, Page 249, Volume 3138, Page 415, Volume 7189, Page 1843 of the Deed Records of Tarrant County Texas and Condemnation Cause No 43801,No., 72-65404/81,No.. 60540, and No 348- 65404-81, said 20 816 acre tract of land being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the most northerly northwest corner of'said Block 1, said 1/2 inch iron rod being the most northerly northeast corner of Block 4 of said Gateway Park Addition, said 112 inch iron rod also being in the southerly right-of-way line of East 1st Street;THENCE South 00 degrees 01 minutes 56 seconds East,with the westerly line of said Block 1 and with the easterly line of said Block 4, a distance of 608 14 feet to a 5/8 inch iron rod with cap stamped"GORRONDONA" set for the POINT OF BEGINNING of the herein described 20.816 acre tract of land; THENCE South 69 degrees 15 minutes 10 seconds East, a distance of 934..23 feet to a 5/8 inch iron rod with cap stamped"GORRONDONA"set for corner; THENCE South 19 degrees 38 minutes 38 seconds West,a distance of 530.52 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA"set for corner: THENCE South 00 degrees 05 minutes 48 seconds West, a distance of 438.11 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for-cornea in the westerly line of said Block 1, said 5/8 inch iron rod with cap stamped "GORRONDONA" being in the easterly line of said Block 4, from which a 1/2 inch iron rod found for an interior ell cornea in the westerly line of said Block 1 bears North 89 degrees 20 minutes 07 seconds East, a distance of 226 59 feet, said 1/2 inch iron rod being an exterior ell corner in the easterly line of said Block 4; THENCE South 89 degrees 20 minutes 07 seconds West,with the westerly line of said Block 1 and with the easterly line of said Block 4,a distance of 787 48 feet to a 1/2 inch iron rod with cap stamped "RPLS 1674" found for an exterior ell corner in the westerly line of said Block 1 and for an interior ell corner in the easterly line of said Block 4; Page 1 of 3 GORRONDONA&ASSOCIATES.INC 6707 BRENTWOOD STAIR RD SUITE 50 FORI WORTH TEXAS 76112 817-196-1424 FAX 817-496-1768 i i i i THENCE North 00 degrees 06 minutes 52 seconds East, with the westerly line of said Block 1 and with the easterly line of said BIock 4,a distance of 684.68 feet to a 1/2 inch iron rod with cap stamped "RPLS 1674" found for an exterior ell corner in the westerly line of said Block 1 and for an interior-ell corner in the easterly line of said Block 4; THENCE North 89 degrees 57 minutes 26 seconds East,with the westerly line of said Block 1 and with the easterly line of said Block 4,a distance of 91..83 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for an interior ell corner in the westerly line of said i Block I and for an exterior ell corner in the easterly line of said Block 4; THENCE North 00 degrees 01 minutes 56 seconds West,with the westerly line of said Block 1 and with the easterly line of said Block 4, a distance of 593 09 feet to the POINT OF BEGINNING,and containing 906,747 square feet or 20..816 acres of land, more or less t M w r Company Name: GorT-ondona&Associates,Inc. By: � Surveyor's Name:Curtis Smith Registered Professional Land Surveyor, Iexas No..5494 Date:February 22,2007 CURT.S :hi Page 2 of 3 4t , Ij' 6 GORRONDONA&ASSOCIATES.INC 6707 BRENTWOOD SIAIR RD SUITE 50 FORT WORTH.TEXAS 76112 817496-1424 FAX 817.49E ' { EAST 1 ST STREET FPA CSR BLOCK 4 CITY OF FORT WORTH AND TARRANT COUNTY WATER CONTROL AND S 0001 56'E GATE)FAY PARK ADDITION IMPROVEMENT DISTRICT NO. 1 60814' CABINET A, SURE 3 & 4 VOLUME 7210, PAGE 2333 P.R.T.C.T VOLUME 6865. PAGE 256 nn VOLUME 7028 PAGE 518 SET 55JQ. W%CAP VOLUME 1744 PAGE 250 "GORRONDONA" VOLUME 7168, PAGE 1954 VOLUME 7097 PAGE 2137 S S' VOLUME 7216, PAGE 2132 ss• O 1 `fO�e BLOCK 1 VOLUME 7243. PAGE 141 VOLUME 6419 PAGE 302 VOLUME 699, PAGE 439 VOLUME 6428 PAGE 249 VOLUME 3138 PAGE 415 VOLUME 7189. PAGE 1843 D.R.T.C.T. CONDEMNATION CAUSE NO'S !nlSET 5/8'1R W/CAP 43801 1 "GORRONDONA" 72-65404/81 O 60540 Q 348-65404-81 N 89'57'26`E z 91.83' SET 5/8"IR W/CAP "GORRONDONA* FND 1/21R W/CAP 'VLS 1674' 69 m (906,747 SQ. FEET) 20.816 ACRES to SET 5/81R W/CAP 'GORRONDONA" 300 150 0 300 to I °g Ioan $ SCALE IN FEET 0 Z vt N 89'20 07'E I 226 59' FNO 1/21R S 89'20'07'W 787,.48' �FNO 1/218 W/GAP SET 5/e°IR W/CAP •RPLS 1674' "GORRONOONA" )816 NOTES: BLOCK 4 (1) A TITLE COMMITMENT WAS NOT AVAILABLE AT THE TIME THIS SURVEY WAS PREPARED (2) EASEMENTSEOF RECORD ARE NOT SHOWN GATEWAY PARK ADDITION (3) IMPROVEMENTS WERE NOT LOCATED ON CABINET SUDS 3 do 4 P THIS PROPERTY .R.T,C.T. WHOLE PROPERTY MAP (4) AAL EAS AND DISTANCES SHOWN HEREON BOUNDARY SURVEY (5) BASIS OF BEARING IS REFERENCED TO GATEWAY OF PARK ADDITION, AN ADDITION TO THE CITY OF FORT WORTH, TARRANT COUNTY, TEXAS, AS ,20.816 ACRES RECORDED IN CABINET A. SLIDE 3 & 4, OF THE �E OF jF OUT OF PLAT RECORDS OF TARRANT COUNTY. TEXAS. �Q:•G.STcn_ �%Q`c `O"�� BLOCK 1 THAT, I, CURTIS SMITH, REGISTERED PROFESSIONAL •,,;,,,,,�,•,,.. ... OF LAND SURVEYOR NO. 5494, LICENSED IN THE STATE ()riT3�$b11TH OF TEXAS, DO HEREBY STATE THAT THIS PLAT IS .•,,,,,,,,,,,,,,,, GATEiYAY PARK ADDITION PREPARED FROM AN ACTUAL SURVEY ON-THE-GROUND o r s4 •� AN IDDITION TO TES CITY OF FORT AORTZ, UNDER MY SUPERVISION AND THAT ALL CORNERS ARE •�O Es SIO .'Q TARRANT COUNTY, TEXAS, AS RECORDED IN MONUENT?ED � SHOWN HEREON �/O•••••v CABINET A. SLIDE 3 & 4 SUR OF TEE PLATRECORDS OF TARRANT COUN7Y, TEXAS OWN BY: RCS SCALE: 1' = 300' 1 FILE: 19 11 BNDRY.OWG CURTIS SMITH, RPLS No, 5494 PAGE 3 OF 3 PAGES DATE: FEB. 22, 2007 1 CHK BY: WTW LX13 111 0701-1911 GORRONOONA & ASSOCIATES, INC.•6707 DRENTWOOD STAIR ROAD), SUPE 50 FORT WORTH, T5[. 76112 •617-496-1424 FAX 817-496-1798 LEGAL DESCRIPTION OF BLOCK 1,GATEWAY PARK ADDITION(PER PLAT) PARENT TRACT OF 20.816 AC. BOUNDARYSURVEY DESCRIPTION OF PROPERTY Being a 429 535 acre tract of land,and being all of Block 1 of Gateway Park Addition, an addition to the City of Fort Worth,Tariant County,Texas, as recorded in Cabinet A, Slide 3 &4 of the Plat Records of Tarrant County, Iexas,said Block 1 being deeded to The City of Fort Worth and Tan-ant County Water Control and Improvement District No I as recorded in Volume 7210, Page 2333, Volume 6866, Page 256, Volume 7028, Page 518, Volume 1744, Page 250, Volume 7168, Page 1964, Volume 7097, Page 2137, Volume 7216, Page 2132, Volume 7243, Page 141, Volume 6419, Page 302, Volume 699, Page 439,Volume 6428,Page 249, Volume 3138,Page 415, Volume 7189,Page 1843 of the Deed Records of Tarrant County Iexas and Condemnation Cause No. 43801,No.. 72-65404/81, No 60540, and No. 348- 65404-81, said 429 535 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod found for the most northerly northwest corner of said Block 1, said 1/2 inch iron rod being the most northerly northeast corner of Block 4 of said Gateway Park Addition, said 1/2 inch iron rod also being in the southerly right-of-way line of East 1st Street; THENCE North 89 degrees 30 minutes 29 seconds East,with the northerly line of said Block 1 and with the southerly right-of-way line of said East 1st Street, a distance of 130926 feet to a point for the beginning of a curve to the left having a radius of 2788.60 feet, a central angle of 11 degrees 35 minutes 00 seconds and whose chord bears North 83 degrees 42 minutes 59 seconds East,a distance of 562 80 feet; THENCE with said curve to the right,with the northerly line of said Block 1 and with the southerly tight-of-way line of said East 1st Street,an arc length of 563.76 feet to a point for corner; THENCE North 77 degrees 55 minutes 29 seconds East,with the northerly line of said Block I and with the southerly tight-of-way line of said East 1st Street, a distance of 1598..95 feet to a point for the beginning of a curve to the tight, having a radius of 2288.46 feet, a central angle of 09 degrees 35 minutes 08 seconds and whose chord bears North 82 degrees 43 minutes 03 seconds East,a distance of 382.41 feet; THENCE with said curve to the right,with the nottherly line of said Block 1 and with the southerly right-of-way line of said East 1st Street, an arc length of 382.85 feet to a point for- the northeast corner of said Block 1; THENCE South 00 degrees 01 minutes 26 seconds West, with the easterly line of said Block 1, a distance of 2957 96 feet to a point for-coiner; Page i of 6 GORRONDONA&ASSOCIATES INC. 6707 BRENTWOOD STAIR RD SUITE 50 FORT WORTH TEXAS 76112 817.496-1424 FAX 817-496-1768 THENCE North 89 degrees 59 minutes 18 seconds East, with the easterly line of said Block 1, a distance of 183 68 feet to a point for corner; THENCE South 30 degrees 53 minutes 14 seconds West, with the easterly line of said Block 1, a distance of 46 23 feet to a point for corner; THENCE South 17 degrees 03 minutes 14 seconds West, with the easterly line of said Block 1, a distance of 619 63 feet to a point for corner; THENCE South 08 degrees 10 minutes 5.3 seconds West, with the easterly line of said Block 1, a distance of 56 29 feet to a point for the southeast corner of said Block 1, said point being in the northerly fight-of-way line of Interstate Highway 30 (a variable width right-of- way); THENCE South 57 degrees 41 minutes 42 seconds West, with the southerly line of said Block 1 and with the northerly right-of-way line of said Interstate Highway 30, a distance of 550 53 feet to a point for corner; THENCE South 61 degrees 36 minutes 46 seconds West, with the southerly line of said Block 1 and with the northerly right-of-way line of said Interstate Highway 30, a distance of 610 10 feet to a point for corner; THENCE South 00 degrees 20 minutes 17 seconds East,with the southerly line of said Block 1 and with the northerly right-of-way line of said Interstate Highway 30, a distance of 56.51 feet to a point for corner; THENCE South 56 degrees 39 minutes 42 seconds West, with the southerly line of said Block 1 and with the northerly right-of-way line of said Interstate Highway 30, a distance of 1044 31 feet to a point for the beginning of a non-tangent curve to the right, having a radius of 5490.00 feet, a central angle of 13 degrees 27 minutes 33 seconds and whose chord bears South 63 degrees 52 minutes 55 seconds West, a distance 1286 68 feet; THENCE with said non-tangent curve to the right, with the southerly line of said Block 1 and with the northerly tight-of-way line of said Interstate Highway 30, an arc length of 1289 64 feet to a point for the most southerly east corner of Block 2, of said Gateway Park Addition; THENCE North 00 degrees 25 minutes 00 seconds East, with the southerly line of said Block 1 and with the east line of said Block 2,a distance of 69.80 feet to a point for the most northerly east corner of said Block 2; THENCE South 72 degrees 05 minutes 15 seconds West, with the southerly line of said Block 1 and with the northerly line of said Block 2,a distance of 259..27 feet to a point for corner; THENCE North 59 degrees 06 minutes 00 seconds West, with the southerly line of said Block 1 and with the northerly line of said Block 2, a distance of 44722 feet to a point for the most northerly corner of said Block 2; Page 2 of 6 GORRONDONA&ASSOCIATES INC 6707 BRENTWOOD STAIR RD SURE 50 FORT WORTH TEXAS 76112 817-496-1424 FAX 817696-1768 THENCE South 74 degrees 54 minutes 01 seconds West, with the southerly line of said Block 1 and with the northerly line of said Block 2, a distance of 119.44 feet to a point for- the most northwest corner of said Block 2; THENCE South 00 degrees 25 minutes 00 seconds West, with the southerly line of said Block 1 and with the west line of said Block 2, a distance of 39180 feet to a point for the southwest corner of said Block 2, said point being in the northerly right-of-way line of said Interstate Highway 30,said point also being the beginning of a non-tangent curve to the right having a radius of 5490 00 feet, a central angle of 06 degrees 27 minutes 19 seconds and whose chord bears South 81 degrees 56 minutes 31 seconds West, a distance of 61810 feet; THENCE with said non-tangent curve to the tight, with the southerly line of said Block 1 and with the northerly tight-of-way Iine of said Interstate Highway 30, an arc length of 618.53 feet to a point for corner; THENCE South 83 degrees 31 minutes 13 seconds West, with the southerly line of said Block 1 and with the northerly right-of-way line of said Interstate Highway 30, a distance of 1449.98 feet to a point for corner; THENCE North 83 degrees 54 minutes 32 seconds West, with the southerly line of said Block 1 and with the northerly right-of-way line of said Interstate Highway 30, a distance of 455 94 feet to a point for corner; THENCE North 62 degrees 48 minutes 32 seconds West, with the southerly line of said Block 1 and with the northerly right-of-way line of said Interstate Highway 30, a distance of 143 37 feet to a point for corner; THENCE North 76 degrees 00 minutes 34 seconds West, with the southerly line of said Block 1 and with the northerly tight-of-way line of said Interstate Highway 30, a distance of 182.41 feet to a point for the southwest corner of said Block 1, said point being the intersection of the northerly right-of-way line of said Interstate Highway 30 with the easterly right-of-way line of Beach Street(a variable width right-of-way); THENCE North 00 degrees 07 minutes 25 seconds East, with the westerly line of said Block 1 and with the easterly right-of-way line of said Beach Street, a distance of 239.83 feet to a point for cornet; THENCE North 00 degrees 23 minutes 21 seconds West, with the westerly line of said Block 1 and with the easterly right-of-way line of said Beach Street,a distance of 53.09 feet to a point for the most southerly west corner of Block 3 of said Gateway Park Addition; THENCE North 89 degrees 30 minutes 38 seconds East, with the westerly line of said Block 1 and with the south line of said Block 3, a distance of 1509.42 feet to a point for the most easterly coiner of said Block 3; Page 3 of 6 GORRONDONA&ASSOCIATES.INC 6707 BRENTWOOD STAIR RD SUITE 50 FORI WORTH TEXAS 76112 817496-1424 FAX 817-496-1768 THENCE South 43 degrees 32 minutes 22 seconds East, with the westerly line of said Block 1, a distance of 72,66 feet to a point for corner; THENCE South 89 degrees 53 minutes 09 seconds East, with the westerly line of said Block 1, a distance of 224.10 feet to a point for corner, THENCE North 00 degrees 00 minutes 34 seconds West, with the westerly line of said Block 1, a distance of 931 feet to a point for,corner; THENCE North 51 degrees 00 minutes 48 seconds West, with the westerly line of said Block 1, a distance of 185.00 feet to a point for corner; THENCE North 24 degrees 44 minutes 28 seconds West, with the westerly line of said Block 1, a distance of 668 00 feet to a point for corner; THENCE North 37 degrees 04 minutes 16 seconds West, with the westerly line of said Block 1, a distance of 365.00 feet to a point for corner; F THENCE North 53 degrees 56 minutes 54 seconds West, with the westerly line of said Block 1, a distance of 1080.82 feet to a point for corner in the easterly fight-of-way line of said Beach Street; THENCE North 08 degrees 20 minutes 18 seconds West, with the westerly line of said Block 1 and with the easterly right-of-way line of said Beach Street,a distance of 64.20 feet to a point for corner; THENCE North 22 degrees 37 minutes 31 seconds East,with the westerly line of said Block 1 and with the easterly right-of-way line of said Beach Street, a distance of 185.22 feet to a point for-corner; THENCE South 52 degrees 09 minutes 02 seconds East, with the westerly line of said Block 1, a distance of 64162 feet to a point for corner; THENCE South 78 degrees 47 minutes 05 seconds East, with the westerly line of said Block 1, a distance of 530.90 feet to a point for coiner; THENCE North'70 degrees 44 minutes 24 seconds East, with the westerly line of said Block 1, a distance of 452.87 feet to a point for corner; 3 THENCE North 00 degrees 00 minutes 48 seconds West, with the westerly line of said Block 1, a distance of 774 10 feet to a point for an exterior ell cornea in the westerly line of said Block 1; 1 THENCE South 89 degrees 58 minutes 01 seconds East, with the westerly line of said Block 1, a distance of 880 52 feet to a point for corner in the west line of said Block 4; Page 4 of 6 GORRONDONA&ASSOCIATES INC 6707 BRENTWOOD SIAIR RD SUITE 50 FORTWORTH,TEXAS 76112 817-496-1424 FAX 817-496-1768 THENCE South 00 degrees 12 minutes 11 seconds West, with the westerly line of said Block 1 and with the west line of said Block 4, a distance of 970 78 feet to a point for an exterior ell corner in the westerly line of said Block 1, said point being an interior ell corner in the west line of said Block 4; THENCE North 89 degrees 13 minutes 00 seconds West, with the westerly line of said Block 1 and with the west Iine of said Block 4, a distance of 157.98 feet to a point for an interior ell corner in the westerly line of said Block 1, said point being an exterior ell corner in the west line of said Block 4; THENCE South 00 degrees 03 minutes 22 seconds West, with the westerly line of said Block 1 and with the west line of said Block 4, a distance of 49141 feet to a point for-an interior ell corner in the westerly line of said Block 1, said point being the southwest corner of said Block 4; THENCE South 89 degrees 09 minutes 48 seconds East, with the westerly line of said Block 1 and with the south line of said Block 4, a distance of 1001.65 feet to a point for the most southerly southeast corner of said Block 4; THENCE North 73 degrees 12 minutes 31 seconds East, with the westerly line of said Block 1 and with the southeasterly line of said Block 4,a distance of 116..32feet to a point for corner; THENCE North 36 degrees 33 minutes 02 seconds East, with the westerly line of said Block 1 and with the southeasterly line of said Block 4, a distance of 205 09 feet to a point for corner; THENCE North 10 degrees 17 minutes 19 seconds East, with the westerly line of said Block 1 and with the southeasterly line of said Block 4,a distance of 160..86 feet to a point for corner; THENCE North 21 degrees 09 minutes 25 seconds East, with the westerly line of said Block 1 and with the southeasterly line of said Block 4,a distance of 105 79 feet to a point for corner; THENCE North 01 degrees 00 minutes 28 seconds West, with the westerly line of said Block 1 and with the easterly line of said Block 4,a distance of 325.43 feet to a point for comer; THENCE North 16 degrees 51 minutes 09 seconds West, with the westerly line of said Block 1 and with the easterly line of said Block 4,a distance of 143.18 feet to a point for corner; THENCE North 01 degrees 07 minutes 52 seconds West,with the westerly line of said Block 1 and with the easterly line of said Block 4, a distance of 1378..61 feet to a W inch iron rod found for an interior ell corner in the westerly line of said Block 1 and for an exterior ell comer in the easterly line of said Block 4; THENCE South 89 degrees 20 minutes 07 seconds West,with the westerly line of said Block 1 and with the easterly line of said Block 4, a distance of 1014.07 feet to a 1/2 inch iron rod with cap stamped "RPL.S 1674" found for an exterior ell corner in the westerly line of said Block I and for an interior ell corner in the easterly litre of said Block 4; Page 5 of 6 GORRONDONA&ASSOCIAIES.INC 6707 BRENTWOOD SI AIR RD SUITE 50 FORT WORIH.TEXAS 76112 817496-1424 FAX 817-49&1768 THENCE North 00 degrees 06 minutes 52 seconds East, with the westerly line of said Block 1 and with the easterly line of said Block 4,a distance of 684..68 feet to a 1/2 inch iron rod with cap stamped "RPIS 1674" found for an exterior ell corner in the westerly line of said Block 1 and for an interior ell corner in the easterly line of said Block 4; THENCE North 89 degrees 57 minutes 26 seconds East, with the westerly line of said Block 1 and with the easterly line of said Block 4, a distance of 91..83 feet to a 5/8 inch iron rod with cap stamped "GORRONDONA" set for an interior ell corner in the westerly line of said Block I and for an interior ell corner in the easterly line of said Block 4; THENCE North 00 degrees 01 minutes 56 seconds West, with the westerly line of said Block I and with the easterly line of said Block 4, a distance of 120123 feet to the POINT OF BEGINNING, and containing 18,710,531 square feet of land or 429.535 acres of land, more or less. Page 6 of 6 GORRONDONA&ASSOCIATES INC 6707 BRENTWOOD STAIR RD SUITE 50 FORI WORTH.TEXAS 76112 817496-1424 FAX 817-496-1769 EAMBI7 "B" Affidavit of'Implementation of ResponseAcdons VCP No. 1462 Marc A.Ott BEFORE ME,the undersigned authority,on this day personally appeared____Mjistarrt City Manager as an authorized representative ofthe City off ort Worth(Applicant),known to me to be the person whose name is subscribed below who being by me fust duly swom,upon their oath,stated as follows: I am over the age of 18 and legally competent to make this affidavit.. I have personal knowledge of the facts stated herein.. The City ofFort Worth(Applicant),has implemented response actions pursuant to Chapter 361,Subchapter S, Texas Health and Safety Code,at the tract ofland described in Exhibit"A"to this certificate thatpertains to the Former Riverside Wastewater Treatment Plant and Gateway Park Sector 4, Soccer and Rugby Complex partial response action area(PRAA),VCP No.. 1462 located at 4600 East first Street,Fort Worth, Tarrant County, I exas The PRAA was owned by the City of F ort Worth at the time the application to participate in the Voluntary Cleanup Program was filed..the Applicant has submitted and received approval from the Iexas Commission on Environmental Quality (TCEQ) Remediation Division on all plans and reports required by the Voluntary Cleanup Agreement necessary for receipt of a Conditional Certificate of Completion(Certificate)for the tract of land in Exhibit"A' The plans and reports were prepared using a prudent degree of inquiry of the PRAA consistent with accepted industry standards to identify all hazardous substances,waste and contaminated media of'regulatory concern..The response actions for the PRAA have achieved standards acceptable for residential land use as determined by the TCEQ.. As long as the restrictive covenant present in Exhibit"C"is observed and the conditions present in Exhibit "D"are maintained,the response action will sufficiently eliminate present or future risk to public health and safety and the environment from releases and threatened releases of hazardous substances and/or contaminants at or from the PRAA.. The Applicant has not acquired this Certificate by fraud, misrepresentation or knowing failure to disclose material information.,Further information concerning the response action at this PRAA may be found in the final report at the central office of the ICEQ under VCP No.. 1462.. The preceding is true and correct to the best of my knowledge and belief'.. Applicant ignar ui e) Marc A. Ott (Printed Name) Distant City ana (Title) STATE OF axes COUNTY OF tr3e,T` SUBSCRIBED AND SWORN before me on this the day of 20d to which witness my hand and seal of office. HMELi1 µy COMbt SHS EXPIRES x �` pry 28,2011 oublic tary Pin and for the State of. as EXHIBIT"C" Restrictive Covenant VCP No..1462 The City ofFort Worth(Owner),whose address is 1000 Ihrockmorton,Fort Worth,IX'76102 is the owner ofthe tract of land described in Exhibit"A"to this certificate that pertains to the F ormer Riverside Wastewater Iieatment Plant and Gateway Park,Sector 4,Soccer and Rugby Complex,VCP No. 1462 located at 4600 East First Street in Fort Worth, Iarrant County,Texas. In consideration ofthe response actions by the City ofTort Worth(VCP Applicant)and issuance of this Conditional Certificate of Completion,the Owner has agreed to place the restrictions listed below on the partial response action area at the areas described in attached exhibit(s)and in favor ofthe Texas Commission on Environmental Quality(TCEQ)and the State of Texas This Restrictive Covenant is filed to provide information concerning certain environmental conditions and use limitations.. Ihis Restrictive Covenant is required for the following reasons: The area described in Exhibit"A"is subject to ICEQ regulatory requirements for properties containing concentrations ofchemicais exceeding I CEQ-approved protective concentrations in soil in order to prevent exposure to these chemicals in soil.The area in Exhibit"D-1"provides the location of the physical control and extent of the soil that exceeds the I'CEQ-approved protective concentration for certain chemicals.. The attached Exhibit "D"provides the reason the physical control must remain in place,and describes the required maintenance and monitoring for the physical control. 'This monitoring program must be implemented unless and until the ICEQ approves any modification Now,therefore,in consideration of these premises and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,the following Restrictive Covenant in favor of the TCEQ and the State of Texas is placed on the partial response action area,at the areas described in the attached exhibits,to-wit: 1 the following restrictions shall be a covenant running with the land.. 2 Remedial actions performed at the partial response action area rely at least in part,upon a physical control. Therefore,the removal or modification ofthe clay cap,concrete cap,concrete hardscaping,synthetic turf fields underlain by the HDPE liner,and concrete and asphalt cap at the partial response action area described in Exhibit"A"is prohibited without prior written approval from the ICEQ the condition related to inspection and(if necessary) repair of the physical control present in Exhibit "D" must be maintained. Removal or modification of this restrictive covenant is prohibited without prior written approval of the ICEQ_ For additional information,contact: I'CEQ Mail: TCEQ-MC 199 Central Records P.O..Box 13087 12100 Park 35 Circle,Building E Austin,Texas 78711-3087 Austin,Texas 78753 Ihis Restrictive Covenant may be rendered of'no further force or effect only by a release executed by the TCEQ or its successor agencies and filed in the same Real Property Records as those in which this Restrictive Covenant is filed. Pro er BY Print Name: Marc A. Ott psjstznt 8 er Title: STATE Or COUNTY OF '7a r),a.4r Marc A. Ott Ibis instrument was ackno 1 ore me on UY Manager HET11ELANE Notary Public in and fox the State off My coMMISSION EXPIRES ke VCP ApvhgM By: Print Name: Marc A. Ott Assistant aty-Manager Title: SIATEor. 74 -s COUNTY OF Marc A. Ott This instrument was acknow gedb ore meon 20�by PaNstan City Manager HME LANE Notaxy Public in and for the State '7Z<Q:SMY COMMISSION EXPIRES MY20,2011 Accepted as Third Party Beneficiary this day of' ol� -1 exas Commission on Environmental Quality By-OU6VZ�l Print Name:�6',/ I "I), itle.. STATE OF COUNTY OF flflty 4r1X This instrument was acknowledged bOre meo, on 200 by_ 6Notaiy�bhciadfbrtJjeS5it'e�—of 61�� )TAMARA M SWAGINTSEV My COMMISSION EXPIRES AU9U$t12 2009 EXHIBIT "D" Conditions VC.P No...1462 j I The following post-response action care conditions apply to the tract(s)of land described in the attached exhibits)where f contaminationhas been released at the F oimer Riverside Wastewater TreatmentPlant and GatewayPark Sector4,Soccer and Rugby Complex: {{ Site Conditions i 1.. The claycap,concrete cap,concrete hardscaping,synthetic turf fields underlainbythe HDPE liner and concrete and asphalt cap described in Exhibit"D-1"shall be inspected and maintained annually. The inspection and maintenance shall be conducted according to the Sector 4 Response Action Completion Report dated May 1, 2007,and the Revised Sector 4 Response Action Plan dated February 2,2006,for the partial response action area (PRRA) or subsequently approved reports or other ICEQ written correspondence.. Where TCEQ correspondence and other reports conflict, TCEQ correspondence prevails over the reports. Reports documenting the clay cap,concrete cap,concrete hardscaping,synthetic turf'fieldsunderlainbythe HDPE liner, and concrete and asphalt cap condition,maintenance,repair, replacement and the continued effectiveness of the remedy are to be submitted annually to the TCEQ for review unless this frequency is modified by subsequent TCEQ correspondence.. 2.. The Certificate,including all attached exhibits,shall be disclosed to the next subsequent ownerprior to transfer of control of the PRRA or any part of the PRR& Any such failure to disclose shall only affect that portion of the PRRA for which the disclosure is not accomplished- 3 ccomplished3 ICEQ oversight costs for review of any work plans or reports necessary to implement the conditions of the Certificate shall be paid in a timely manner. 4. The cleanup rules governing conditional site closure(or any subsequently applicable similar rules),must be complied with in addressing the site.. Ihese conditions may be modified or discontinued only when the TCEQ or its successor agencies have provided prior written consent and when such a document is filed in the same Real Property Records as those in which these conditions are filed. V li By: r Print Name: Marc A. Oft SIAIE OF )�Xa s Assistant City Manager COUNTY OF 7 a P,-a d7- Marc A. Ott This instrument was acknowledged before me on �� �' ,20 by AsJStant City Manager i Notary Public in and for the State of ��,q'a5 �_ ='�''4 rte"'= HETf1E mr : *= MY GQhRAISSION EXPIRES Duty X 2011 t i { t i 5 NiYI e4 Y.rr ll�r.en) 14•/:11+r i�lYNl]YCYkk\rMWCCU/lD\Cv-/u-R-[Ar.CFG uYOUr:lyaer .uL 1],]0000!! ]:3•+JY PY. LIY t.0° Pg15:1 1w51:]R° 3 m O aim Ry O ti•�� f 1 f ww Y� "^w.. NCD _ l rJ w, .y. w� I I' I .rwa ac •.anbI H %A` �, GATEWAY PARK °°•° SOCCER AND RUGBY FIELDS pme INSTITUTIONAL CONTROL �-`Nichols �,.,.�...n."`.- .'°° M�:.a,-``•'ice EXHIBIT A Hellas Construction, Inc. 12710 Research Blvd.#240 P . Austin,TX 78759 Phone:512-250-2910 Fax:250-1960 • • HellasConstruction.com infoC hel lasconstruction.corn LETTER OF TRANSMITTAL Attn: Jeff Cope Date: 11/2/2017 To: City of Fort Worth Subject: Contract No. 476-15 200 Texas Street 1295 Form Fort Worth, TX 76102 Phone: 817-392-8313 WE ARE SENDING YOU: ® Enclosed ❑ Under separate cover via ❑ 11t Class Mail ❑ Facsimile ® Federal Express the following items: ❑ Change Order ❑ Samples ❑ Contract ❑ Bonds ❑ Copy of Letter ❑ Plans ❑ Prop. Change Order ❑ Specifications ❑ Subcontract ❑ Submittal Data ® Other COPIES DESCRIPTION I Executed 1295 Form THESE ARE TRANSMITTED as checked below: ® For your files ❑ Approved as submitted ❑ For your signature ❑ Approved as noted ® As requested ❑ Returned for correction ❑ For approval ❑ Return_original(s) to us If you have any questions, please contact me_ - - -2910 or at skelsey@hellasconstruction.com Than Sara e Operations A ministrative Manager CERTIFICATE OF INTERESTED PARTIES FORM 1295 1ofl Complete Nos.1-4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-279831 Hellas Construction, Inc. Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/03/2017 being filed. City of Fort Worth Date cknowledged: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide a description of the services,goods,or other property to be provided under the contract. Bid Number 18-0036 Bid Number 18-0036 Gateway Park Soccer Fields 4 Nature of interest Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Seaton, Reed J. Austin,TX United States X Allison, Robert G. Austin,TX United States X Petrini, Frank Austin,TX United States X Schlapkohl, Dan Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. RyP" �i" JEANA FAITH SANCHEZ PV PV Notary Public,State of Texas Comm. Expires I 1•16.2019 °,;,`,,.• Notary ID 130441342 'X�d*4146ww 1 6/ Signature of Athorized agent of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE OIL n� Sworn to and subscribed before me,by the said t/lC,� f'11�1� this the Cd day of 201-1 to certify which,witness my hand and seal of office. S nature of officer administe4F6 oath Printed name of officer administering oath Title of oftver administering oath Forms provided by Texas Ethics Commission www.ethics.state.tx.us Version V1.0.3337 CERTIFICATE OF INTERESTED PARTIES FORM 1295 Complete Nos.1 4 and 6 if there are interested parties. OFFICE USE ONLY Complete Nos.1,2,3,5,and 6 if there are no interested parties. CERTIFICATION OF FILING 1 Name of business entity filing form,and the city,state and country of the business entity's place Certificate Number: of business. 2017-279623 Hellas Construction, Inc Austin,TX United States Date Filed: 2 Name of governmental entity or state agency that is a party to the contract for which the form is 11/02/2017 being filed. City of Fort Worth Date Acknowled d: 3 Provide the identification number used by the governmental entity or state agency to track or identify the contract,and provide description of the services,goods,or other property to be provided under the contract. Bid Number 18-0036 Gateway Park Soccer Fields Nature of interest 4 Name of Interested Party City,State,Country(place of business) (check applicable) Controlling I Intermediary Schlapkohl,Dan Austin,TX United States X Petrini, Frank Austin,TX United States X Seaton, Reed Austin,TX United States X 5 Check only if there is NO Interested Party. ❑ 6 AFFIDAVIT I swear,or affirm,under penalty of perjury,that the above disclosure is true and correct. wrn SARAH DUSTIN KELSEY -9. Noiaty Public, Stote of Texas . a= Comm. Expires 02-02-2020 Notary ID 130520453 Signature of authorized agen of contracting business entity AFFIX NOTARY STAMP/SEAL ABOVE1' ,, ,1 °���' , o Sworn to and subscribed before me,by the said p�i1 V� —�"" tw('L this the 2- day of NOyC�r WVJ-C 20_A J_,to certify which,witness my hand and seal of office. do Signature ministering oath Printed name of officer administering oath Title of officer administering oath Forms provided by Texas Ethics Commission www.ethics.state,tx.us Version V1.0.3337