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Contract 52867
DESIGN-BUILD ..,,,~. T,.{1iS COPY IS FO R : ~CONTRACTOR ~ C I T Y SEC R ET A RY _ PRO J ECT MANAGE R _PMD FI LECO PY SOUTH PATROL DIVISION FACILITY PMD2018-14 BETSY PRICE MAYOR CITY PROJECT# 101661 FORT WORTH @ DAVID COOKE Edwin Kraus Chief, Police Department Roger Venables CIT Y MANAGER Interim Director, Property Management Departme nt Speed Fab-Crete June 2019 0Fflt:9At RECORD CffY SECRETARY Fr.. VVOfff'', -;, M& Review CITY COUNCIL AGENDA FORT�TII 21 FVVPD SOUTH DATE: 816/2019 REFERENCE NO.. "'M&C 19-0025LOC NAME: PATROL DIIIIStON FACILITY CODE: C TYPE: CONSENT PUBLIC No HEARING - SUBJECT. AuthorJ�e Fxer�uticari of a Design-I3uIId Contract wig Speed Fab -Crete Corporetlon. In the Nat -To -Exceed Arnaunt of $12.272,000.00, Based on Design-BulId ManagemenI Fees of 2.00% for Design and 4_170 for C onstructlon, anal to J€tclude a 7-5% Owner's Construction Con fIngency Allowance, to Design and Build the Fart Wnr#h Pollice Departments New South Patrol DiVislon Headquarters Facility. Combined with Land and Admin strative Costs In the Am aunt ref $6,448,000.00, the Total Project Cost is $17,720, 000 .03 (018 Bond program) i;C0U NCIL DISTRICT 5) RECOMMENDATION: It is recomended that the City Council authorize execution of a des ign-buHd cont ractwit h Speed Fab - Crete Ci5rporaticin, in the not -to -exceed amount of 12,272,000M, based on de3l9n-bulld management fees of 2,0M for design and 4.1719% for construcllnn, and to include a 7.51% owner's construdilon contingency aIlowance, to design and bulls! the Fort Worth police Popartment'S new South patrol 13Mgion Headquarters Facility, Combined with land and administrative costs in the amount of $5,448,000_00, the tot;�I project cost is $17,720,000.00 DISCUSSION: The purpose of this M&ice Is to authorize the execution of a design-huiJd contract with Speed Fab - Crete Corporation to design.and buiid the Fort Werth Police DetanrtmeDfs new outh Patrol Division Headquarters Facility. On October 16, 2418, City Cu«ncll authorized (M&C} L-16155) acqulsltion of approArnately 1 . +.cues. of Land, nt 880D NfcCart Averrue, in the amount of $2,0O0, 55_00 for tl3at- developm ant and construction of a raw polio station in southwest Fort Worth. The oufrent South Patrol Division has offJcefs and staff Iacated in facilities at Bolt Street, M cC art, and other locations within the division. This new facility will 11elp- Contnliedaie offic-ers and staff to improVe police services to south Fart ftrth, WhIch has seen 5ignilyrant: growth, * Reduce service resfaan'se furies Hi south Fart Worth, • Create a strar7get cornmunity-police partnership Lhivugh Increased pal Ice preserice and pubilc ini~eractlon, Meet the currant fadIIty needs+ arrcl prepare for continued growth, • Reduce annual lease costs. Based on past expe Hence with the North Patrol Division, staff determined that ltte deslgrt-build method of project delivery provl'ded the Ctty wlth the roost expedient means of completion for this project. A Request for QualrFcaHan s wee adverklsed In the Fort 1North Star -Telegram Qn January 10, 019 and .January 17, 2019. The City of Fort Worth received 14 proposals from design -build teams on March 24, 2019, These teams were, • Byrne C:onst ucUon Services & Brinkley Sargent WiglnW' Architects • Derrnett Construction & Hahnfeld I-loft'er Stanford • FPI BuIldghs, LLC K CUFF • Hansen Design B'ulJd & Development, Inc, Huitt-Zollars • Irelperlal Cons-truction & Elements of Architecture, Inc. • L8e Levels Construction, Inc. & RPGA Design Croup, Inc. Lognrarne: 231 FAR NOR-r1i L 113 RARY DESIGN AGREE MEf T Page .li of 3 M&C review Llni eck Group, 11C & Bennett Renner Partneri * Muckleroy & Falls & Qunrrrm AmIlite , Inc, * Rldrgemwit ComrnerclaJ ConsLrUctlon & Gensler • Seda[co Genstructlon Ser�/Jces & Komatsu Artbltecl cure Spawgl'ass & PGAL • 5peed Fab-Crdte & CaII6han & Freeman Architects • 5teefe & Fmem8n, Inc. & LIBL Architects * Turner & Perkins WJlf A selection team composed of rnnmb� rs of the Fort Worth Police Department, Property Management Departmeat and the MWBE 0Moe. earef uIly rev lewed these submittals and after discussion and sriariog the team was abla to establish a short Iist of four highly qualified teams, Interviews were conducted on March 30. 2019, South Patrol Speed Fab -Crete FPI lmpeial Ridgemant Division Corporation &C allahan & Builder, Construction, Inc. Commercial Interview i;reerrran 1-1-0 & & Elements of Construction & Scores A rch i teats FF, Inc. Architecture, Inc. Gensler Fee Proposal '0 45 45 48 Design Build Experience 1.0 J3 9 Similar Project Experience 12 14 1 1 Fort Worth 8 9 n 1 10 a Experience MWBE Score 8.5 9,0 9.5 8.0 TOTAL 88.5 87.0 86.5 85 After rankIng the proposals and conductlri9 interviews, the seIeetiotl team renomuiinends that Dlty au#horfxe the executiim of o d"Ign-build con I:FaM with Speed Fab -Crate C orporatlon. The overall budget for the project is as folfaws: PROJECT COT Amount Land Cost $,000,255.00 Design Build Cost (fnauding 7_51I1a Owners $172,000.00 Construction Contingency AIIIGWance) , Staff Time. Materials Testing, iT, Security, Fbdut Furnishings and Equipment (F &E), Exercise $3,447.745,00 Equipment, Gontfngency, etc. Total Project Cost 97,70,4Ci.00 Funds for this project arc included in the 2D18 Band Program, Avninble waouraes within the General Fund will be used to provide Intedm financing until debt is issued, Once debt asbaiated with the project is sold, bond procraneds *1111 reimbume the General Fund in accordance with the statement expressincg offl dal Intent to Raimbwrse that wins adopted as: part of the ordIna noe canvassing the rand election (-0rdfnafire No. 232DD-05-2018}, The Impact to maiMen Lince cost assn(:iated wlth this project for the Property Managernont Department, beginning in Fiscal Year 2021. is expacted to be 56,000.00 annually. Lagname: 21FAR NORTH LIBRARY DE 8-1 GN AGREEME iT Page, 2 of 3 &C" Review In accordance with the Crty Code of Ordinances, Part ll, Chapter 7-1 Fort WDrth Building AdrninJstratfue Code, Sactfoji 109.2.1, I=xcepiinn 2: "Work by non- lty }personnel on properly under the control of the CIly of Fort forth shall be exarnpt from the perrnit tees only if tho work rs for action under a contract dial will be or has teen approved by G ity CounclI with notes in the contract packages stating the fee is walved." The design poAon of this project is antkcipated to start In the third quartor of 2019 and construction Is anticipated to be complete in the socond gearter of 2021 _ MWBE 0FFICiE - Speed Fab -Crete, Inc. is In compJiance with Lhe CJty's 13DE 0rdInance by committing to 301% SBE participation on the design phase and 25 M M13E participat[on on the ccnstruot+on phase of thJs design b0d project, The Clty's SBE goal on the design phase is 25 M and ork the construutiorr phase Is 25M. ThEs project is tacgted In COUNCIL DISTRICT 6_ FISCAL INFO RMATIONIC E UfFICATIO M., The Director of i=rnanae certifies that finds are available in tha current capital budget, as appropriated, of tPrL-� 2018 Bond Prograrn and that, prior to P-perid tuns being made, [tie partic[pa ting departmant has the resporislhilify to validate the availability of funUs. Fund Department Account Project f Prograrn Activity Rudget Reference # Amount to ID I I Year MhartFteld ) Fund Department ID Suhinitted if or C ity Mona er's Office Crtainatinu Department Head: A€ dlfbona ll Information Contact, ATTACHMENTS South Patrol Division Map.Gdf Pirogram ludget Reforenca # Year I (Chartfield 2 Jay Chaga (5504) Roger Venables (6 34) Roger Vonabie8 (6334) Logngme. 21FAR I* ORTH UBRA R Y DE ION A GREEMENT Page 3 .oir3 m m ? ii Ii IMI �X�fM#� �i it 4 �— ;�• ..� �„�+„ � �+r,. M1111111111 �I���rf��ElA�lllllw r�r �� r"i� �i�i�r� ��•� �� :r off �� ;_ �a11J1J11141 1w rM �" # i FO T WORTH 5 CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT i 1 ADDENDUM NOS 1 f SOUTH PATROL DIVISION FACILITY (DESIGN -BUILD) Request for Proposals Submittal Date: February 21, 2019 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. The Pre -Proposal Conference was hold at 1:30 PM, Wednesday, January 30, 2019 at the Auditorium of the Bob Bolen Public Safety Complex located 505 West Felix Street, Fort Worth, Texas. Refer to enclosed Pre -Proposal Attendees List. (Attachment No. 1) ti 2. The Power Point Presentation used at the Pre -Proposal Conference is enclosed. (Attachment No. 2) 3. The required "Design -Build Proposal Form" is enclosed as PDF and Excel formats. (Attachment No. 3 & Attachment No. 4 respectively) 4. The Fees associated with the survey or geotechnical reports should be included in the design portion of the Bid Proposal Form, but may be contracted by the contractor or other team members. 5. Platting of the property should be included in the project cost as part of the design fees. 6. Proposals may be a maximum of 36 pages. 7. The SBE utilization plan is required and considered part of the selection process. Only a statement committing to meet the MBE goal is required during the selection process. Proposals may be granted up to 5 points based on the proposals meeting or exceeding the established 25 % Small Business Enterprise (SBE) goal for design and identifying the SBE sub -consultants) selected to participate on the project. Proposals teaming with a certified SBE Architectural Firm will be granted the full 10 points. Additionally, proposals may be granted up to 5 points based on the proposal commitment to meeting or exceeding the 25 % Minority Business Enterprise (MBE) goal for construction. The SBE plan and MBE commitment will be part of the final weighted selection criteria. Failure to include the SBE utilization plan and address the MBE commitment shall render the Proposer non -responsive 8. A revised Phase I Scoring Criteria has been provided to include the Design -Build Proposal form. (Attachment No.5) Addendum No.1 Page i of 2 South Patrol Division Facility (Design -Build) February 2019 s Acknowledge the receipt of this RFQ Addendum No. 1 by including a copy of this Addendum in your SOO Submittal. Addenda shall not be counted as part of the 36-Page total limit of the SOO Submittal. Roger Venables Interim Director, Property Management Department 115 RELEASE DATE: February 7, 2019 Alfonso Meza Project Manager, Architectural Services PMD, Facilities Division 817-392-8274, FAX 817-392-8488 Alfonso. Meza@fortworthtexas.c Addendum No.1 South Patrol Division Facility (Design -Build) Page 2 of 2 February 2019 T- N m ■ m co w f= I a- Q, LO LO C➢ LO 6 Zs c a u� Jc U) 0 U. u ti •• 0 E n _U) e ee_ pelf `V CL E 0 co I� e e� E e e� co e cn E e� U, 4— C: 0 x w C m O o N m 4-0 a o �i - � E Lj- ® �= I 'e du W Q g C7IA fr C C H m EU Cf {q = ® o � C7 qq 6�k R7 ,may, 0. u . if9 1L tA 0 V '� � c +T E +n. p� `tF L/7 �4 C C z ® ° c rh 0 r- _ O : : a ® z Qj 'v }- au n z { p lJ to m LU O 0 O ri kQ +n 1 c4 rJ r~k t � I N s- am ME r • ICI I� T— 9 O 0 H s 0 0 LL- 2 9 Il � 8 a -.tl aAst aac i� E 8- -- G UI U r J 6 � uM FY..1L co r A � 9 F- XZ LLJ UP Z rA o 0 < CL LLI 0 En it F- z 5 Ld 00 tP z j — < 0 to N rol cr LJ F- 0IL w CL Ln 0 Lit,' jo. 9 = C A-64 o C-4 -Ci CL c to Lu U) t— E a. 0 0LL IM CO) L. Fort Worth Police Department SOUTH PATROL DIVISION FACILITY Design Build Proposal form Submitting Team: Item DESIGN COST 1.1 Design Services (to Include any required GectechnicaI Reports, Site Survey, FP Arialysis, iSwM, TAS/ADA Reviews, 49te,) 1_2 Design -Build ManagemenI Fee on De -sign Senkes 1.3 TOTAL DESIGN COST Item CONSTRUCTION COST 2-1 Ganeral Condltions & MI svallaneaus Ito Include Temporary Facilltfes, Clean up, Safety/QC, Bonds & In5urante, etc.} CON5TRUCTIOFN COST (to Include all Materials, tabor, 51te Work,2,2 Parkang, LBndsaping. 8uJJdiug UtIIIties. eta,) 23 Cwtractor'sContingency 2.4 De4fgn-amid Management Fee on Constructl Lin �-.5 TOTAL CONSTRUCTION COST TOTAL DESIGN BUILD COST ($10,000,000.00) 1/30/2019 iu 0 FORT WORTH, CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ATTACHMENT NO. 5 SOUTH PATROL DIVISION FACILITY (DESIGN -BUILD) SELECTION PROCEDURES (Revised February 7, 2019) Statements of Qualification (Phase One) Qualification Statements shall be limited to a maximum of 36 pages, 10 to 12 point font. Submit seven (7) copies. Each copy will contain the following identified tabs with the corresponding tab number and title indicated below: 1. Introductory Letter (single page, not included in page count. Include an Email and phone number of the primary point of contact for this RFQ.) 2. Number of Years in Business (individually and joint venture with submitted firm) 3. Managing and Corporate Office Location(s) (principle and joint venture firm) 4. List of Similar or Comparable Police or Public Projects (list projects in reverse chronological order beginning with the most recent and include project description, project initial budget, project completed cost, project initial schedule, actual project duration, project square footage, construction duration, and references with names and telephone numbers) 5. Professional qualifications and experience of key personnel in doing design -build projects (design firm, construction firm, project manager, superintendent) 6. Ability to meet schedules and commit resources based on current and projected workload 7. Familiarity with applicable rules, regulations, professional standards, City procedures. 8. Team Composition 1 Responsibilities (Organizational Chart) Evaluation and Selection (Phase One) Submittals will be ranked on the following factors: 1. Design Build Proposal Form evaluation (50%) 2. Experience of contractor (and design team) in executing design -build process (20%), 3. Capability to perform as demonstrated by past project performances of similar type projects including budget, schedule, and project description (20%), 4. Knowledge of City procedures and familiarity with applicable regulations, professional standards, and applicable regulations. (10%). Shortlisted firms will be notified to Submit Supplemental Information and Proposals for Phase Two. Addendum No.I —Attachment No. 5 Page 1 of 1 South Patrol Division Facility (Design -Build) February 2019 ON Q M {, 1 �✓•'1 i •, V.J, d � .J�jS'/!1 I 1 f }f i ! tiJl`efffLLi^ i I 1 7 dj i' N91 _ .1 1 I 1 1 ✓67 t �/I F .f a, I 1 1 f 1 1 }•tl I 1 �L�-6-[I 1 .•� 1 t 11 y` i r I 1 i l�' '' ' { ',J+- i r �; i � f f 1 J 1 i I I I 1 • 1 t •� f V �_1 e �f f 1" r 1 1� f f cd 0 •� 1 ! ! '. 1% 1 1 r ,�l 1 1 I A 1 r 1 1 I 1 f i 1 '-V .,� f /`••'1�` i f of UI i -i i i . i , 1 f d1 ,. i i YS l ` , i 1 R zi (�(V 1 Y i &rV 1 1 \� 1 f 49 rj TTV^ Vl r,o `QuJ� i� � � U •� U 3 � � I Tn Vl 3 1 1 A, 1 t AW P1 OL i F I I a 1 f •i ,� i .�iti '� ; nl ll I ti 1' 1 1 ON � O crF � • ri .ry U C� � �t O Cd P-i V F bJD ry's i � ! O •� O 1 1 a� N 3 �3 1 � CD E t , f� I 1 1 [ 1 � E�•� � fl- CD 1 to 1 �' 1 f I 1 1 1 r w iJ1 O I 1 I f IMMAA I� •` ya 1 Yr h� 1� FORT VVORTH. CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 2 SOUTH PATROL DIVISION FACILITY (DESIGN -BUILD) Request for Proposals Submittal Date: February 21, 2019 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: A "DRAF' of "Attachment C, Standard General Conditions for a Design -Build Agreement" is part of this Addendum for review. (Attachment No. 1) 2. A "DRAFT" of "Standard Form of Design -Build Agreement between Owner and Design - Builder on Open Book Price Basis" is part of this Addendum for review. (Attachment No. 2) 3. CLARIFICATION: The seven (7) copies of the SOQs must be received at the City of Fort Worth Property Management Department, Architectural Services, 401 West 131h Street, Fort Worth 76102, no later than 1:30 P.M. on Thursday, February 21, 2019. Submittals shall be addressed to Alfonso Meza, RA, Project Manager. 4. CLARIFICATION: The City will conduct a two-phase process to shortlist the Best Qualified design -build firms then select the Best Value design -build firm. After evaluating the Qualification Statements and Request for Proposals (RFP), the City will shortlist the best ualified design -build firms Phase One). The selected shortlisted firms will be notified to then submit supplemental information for the design and construction of the South Patrol Division Facility. After evaluating the additional information from the shortlisted firms, the City will select the design -build firm that offers the Best Value to the City (Phase Two). 5. CLARIFICATION: Proposals may be a maximum of 36 single -sided pages. Tabs, dividers, and covers shall not be part of count. 6. The respective SOO Submittals shall follow similar format as the GSA Standard Form 330 (Architect -Engineer Qualification) format. 7. A preliminary project schedule is not required for Phase 1— SOO submittals. Acknowledge the receipt of this RFQ Addendum No. 2 by including a copy of this Addendum in your SOQ Submittal. Addenda shall not be counted as part of the 36-Page total limit of the SOO Submittal. Roger Venables Interim Director, Property Management Department By: Alfonso Meza Project Manager, Architectural Services PMD, Facilities Division 817-392-8274, FAX 817-392-8488 Alfonso. Meza(a)fortworthtexas.gov RELEASE DATE: February 15, 2019 Addendum No.2 Page f of 1 South Patrol Division Facility (design -Build) February 2019 ff S VORT WORTH t CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 3 SOUTH PATROL DIVISION FACILITY (DESIGN -BUILD) Request for Proposals Submittal Date: February 21, 2019 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. CLARIFICATION: Delete ITEM No. 6 of the previous Addendum No. 2 dated Feb 15, 2019. For formatting of SOQ submittals, refer to Addendum No. 1, Attachment No. 5 — Selection Procedures, Section "Statements of Qualification (Phase One)". Acknowledge the receipt of this RFQ Addendum No. 3 by including a copy of this Addendum in your SOO Submittal. Addenda shall not be counted as part of the 36-Page total limit of the SOO Submittal. Roger Venables Interim Director, Property Management Department RELEASE DATE: February 16, 2019 Alfonso Meza Project Manager, Architectural Services PMD, Facilities Division 817-392-8274, FAX 817-392-8488 Alfonso. Meza(@fo rtworthtexas.00v Addendum No.3 South Patrol Division Facility (Design -Build) Page 1 of 1 February 2019 FORT WORTH., CITY OF FORT WORTH PROPERTY MANAGEMENT DEPARTMENT ADDENDUM NO. 4 4 5 SOUTH PATROL DIVISION FACILITY (DESIGN -BUILD) Request for Proposals Submittal Date: February 21, 2019 (NO CHANGE) The Request for Proposals for the above project is hereby revised and amended as follows: 1. CLARIFICATION: A completed "Design Build Proposal Form" shall be included with the respective SOO Submittals. Acknowledge the receipt of this RFQ Addendum No. 4 by including a copy of this Addendum in your SOO Submittal. Addenda shall not be counted as part of the 36-Page total limit of the SOO Submittal. Roger Venables Interim Director, Property Management Department RELEASE DATE: February 18, 2019 Q I Alfonso Meza Project Manager, Architectural Services PMD, Facilities Division 817-392-8274, FAX 817-392-8488 Alfonso.Mezaafortworthtexas.00v Addendum No.4 Page 1 of 1 South Patrol Division Facility (Design -Build) February 2019 l NOTICE TO DESIGN -BUILD FIRMS CITY OF FORT NORTH SOUTH PATROL DIVISION FACILITY Statements of Qualification for the design and construction (design -build delivery method) of the South Patrol Division Facility in south Fort Worth, Texas, will be received at the City of Fort Worth Purchasing Office, 200 Texas Street, Fort Worth 76102, until 1:30 P.M. on Thursday, February 21, 2019 and the names of submitting Offerors will be read aloud approximately thirty minutes later in the Council Chambers. A Pre --Submission Meeting will held be at the Auditorium of the Bob Bolen Public Safety Complex, 505 West Felix Street, Fort Worth, Texas at 1:30 PM, Wednesday January 30, 2019. The last day for questions from prospective Responders will be by 5:00 PM, Friday, February 13, 2019. The project will include providing the design and construction of the new South Patrol Division Facility. The estimated design -build cost is in the $10 Million Dollar range (including all costs, design and construction). The proposed site is a 15 acre tract of land at the SW corner of the intersection of McCart Avenue and Reisinger Road. A portion of this site will be reserved for future City use. The City will conduct a two-phase process to shortlist the Best Qualified design - build firms then select the Best Value design -build firm. After evaluating the Qualification Statements, the City will shortlist the best qualified design -build firms (Phase One). The selected, shortlisted firms will be notified to then submit supplemental information and Request for Proposals (RFP) for the design and construction of the South Patrol Division Facility. After evaluating the additional information from the shortlisted firms, the City will select the design -build firm that offers the Best Value to the City (Phase Two). As part of the Phase Two RFP Offerors shall submit documentation of compliance with the Business Diversity Enterprise (BDE) Ordinance Provisions. The Minority Business Enterprise (MBE) diverse goal is 25% for the construction services (subcontractors, suppliers, etc.) and the Small Business Enterprise (SSE) diverse goal is 25% for the professional services (architect, engineer, consultants, etc.) After selecting the Best Value design -build firm in Phase Two, the City will first attempt to negotiate a contract with the selected Offeror. If the City is unable to negotiate a contract with the selected Offeror, the City will, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. Phase One Statements of Qualification must be prepared in seven (7) copies including an introductory letter, business information and history, office locations, list of comparable projects, professional qualifications, ability to meet schedules, familiarity of applicable rules and regulations, etc. Refer to "SELECTION Design -Build RFQ the South Patrol Division Facility Jan 2019 Page 1 of 2 PROCEDURES" document on the Autodesk Buzzsaw website noted below. The SOQ is limited to 32 pages maximum total. The seven (7) copies of the SOQs must be received at the City of Fort Worth Purchasing Office, 200 Texas Street, Fort Worth 76102, no later than 1:30 P.M. on Thursday, February 21, 2019. This request for SOQs and additional information, including more detail regarding the background and needs of this project, are posted on the Autodesk Buzzsaw website and can be accessed by cutting and pasting the following link into your browser: https://projeetpoint.buzzsaw.com/fortworthgov/Advertised/South%20Patrol°/o20Di vision?public For questions, contact Alfonso Meza, Project Manager, by email, Alfonso. Meza(cDfortworthtexas.gov or by phone, (817) 392-8274. Design -Build RFQ the South Patrol Division Facility Jan 2019 Page 2 of 2 TABLE OF CONTENTS • PROJECT COVER PAGE • NOTICE TO OFFERORS ® TABLE OF CONTENTS • INSTRUCTIONS TO OFFERORS • PROPOSALFORM a CONFLICT OF INTEREST AFFIDAVIT * CONFLICT OF INTEREST QUESTIONAIRE (CIQ) • CONFLICT DISCLOSURE STATEMENT (CIS) • TEXAS SALES AND USE TAX EXEMPTION CERTIFICATE • 2013 PREVAILING WAGE RATES • WEATHER TABLE • GENERAL CONDITIONS OF THE CONTRACT FOR CONSTRUCTION (Separate Attachment) * DESIGN -BUILD AGREEMENT • PAYMENT BOND I • PERFORMANCE BOND P ' CERTIFICATE OF INSURANCE • OFFEROR COMPLIANCE WITH WORKERS' COMPENSATION LAW o PROJECT SIGN 0 Instructions to Offerors Page 6 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) INSTRUCTIONS TO OFFERORS 1. PROPOSAL. REQUIREMENTS: The following requirements shall be used in the preparation of the response to this Request for Sealed Proposals: • Use the Proposal Form provided below (and in Excel Format on the City of Fort Worth's Buzzsaw website.) • Entries on the Proposal Form may be handwritten or typed. • Acknowledge all addenda on the Proposal Form. • Have a Principal sign the Proposal. If the Offeror is a corporation, the president or a vice- president must sign the Proposal. If the Offeror is a partnership, then the person/entity who is the managing/general partner must sign the proposal. • Submit the completed Conflict of Interest Disclosure Requirement form. 16 Include cashier-s check or an acceptable bidder's bond written by a corporate surety payable to the City of Fort Worth. in art arnount of not less than five (5%) per cent of the total of the bid submitted, • In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the state of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in their sole discretion, will determine the adequacy of the proof required herein. • Proposals shall be limited to 36 pages excluding the Proposal Form and any required legal documentation associated with the proposed land. • Proposals must provide a proposed site plan for each proposed site to include facilities, parking, landscaping, proposed access roads and drives, required detention basins and other civil structures, both existing and proposed utilities, existing easements, right of ways, etc., necessary to illustrate the viability of the proposed land. • Clearly identify and describe any restrictions, easements, covenants, right of ways, and other encumbrances on the proposed land and indicate that the land is "free and clear of all tenancies," • Provide a Schedule in Gantt chart format illustrating major phases of the project. At a minimum provide land acquisition, various phase of design, bidding, and construction, and date facility would be occupied by the City of Fort Worth. • Provide Organizational Chart to include specific team member assigned to this project. Document relevant experiences of the team members. • Provide relevant experience of participating firms, including references and contact information. Instructions to Offerors Page 6 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) 1A. SELECTION OF OFFEROR: The City shall select the Offeror that offers the best value based upon the following criteria and on their ranking evaluation. In determining the Best Value Offeror, the City will consider: 1) Proposed Fees (50 points) — A cost spreadsheet is included in Addendum #1, offerors are asked to allocate a proposed $6,000,000.00 budget across cost categories. Maximum points will be awarded for the highest dollar amount going directly into the building construction (Materials & Labor). 2) Proposed Project Schedule (10 Points) — Provide a Proposed Schedule including design and major phases of construction. Allow 60 days between design and construction for city review and permitting. Provide a written statement regarding the schedule and process and ability to be flexible to best accommodate events and peak golf seasons. 3) Experience & References (20 Points) — Experience and references of the Design Build Team as demonstrated by listing past teamwork and collaboration between members of the design team and between the design team and the contractor (in Design -Build or other delivery methods). Examples of similar clubhouse type projects and references with names and current telephone numbers. 4) Past Experiences with the City (5 Points) -- Offeror's past work experience with the City of Fort Worth for "vertical" facilities projects shall receive up to 5 points for this rating criteria. If the Offeror does not have a past relationship with the City of Fort Worth, the Offeror will receive 3 points for this rating criteria. 5) Proposed IIf I BE Office Review (16 Points) — Proposals may be granted up to 7.5 points based on the proposals meeting or exceeding the established 15% Small Business Enterprise (SBE) goal for design and identifying the SBE sub-consultant(s) selected to participate on the project. Additionally, proposals may be granted up to 7.5 points based on the proposal committing to meeting or exceeding the 25% Minority Business Enterprise (MBE) goal for construction. The SBE plan and MBE commitment will be part of the final weighted selection criteria. Failure to include the SBE utilization plan and address the MBE commitment shall render the Proposer non -responsive. ff the score for any individual rating criteria is rated as zero, this will result in the overall score being zero regardless of how many points could have been earned in the other categories. After ranking the responses to the Request for Proposal (RFP), the City shall first attempt to negotiate a contract with the selected Offeror. The City and their architect may discuss with the selected Offeror options for a scope or time modification and any price change associated with the modification. If the City is unable to negotiate a contract with the selected Offeror, the City shall, formally and in writing, end negotiations with that Offeror and proceed to the next Offeror in the order of the selection ranking until a contract is reached or all proposals are rejected. 2. MINORITY BUSINESS ENTERPRISE (MIWBE) (BEST VALUE PROPOSAL) All Offerors shall note that it is the policy of the City of Fort Worth to ensure the full and equitable participation of Small Business Enterprises (SBE) in the procurement of goods and services. If the total dollar value of the contract is greater than $50,000, then an SBE subcontracting goal may be applicable. Instructions to Offerors Page 7 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) Interested Offerors must obtain a SBE listing from the MIWBE Office at 817-212-2674 to ensure that SBE listings reflect only those currently certified by the North Central Texas Regional Certification Agency (NCTRCA) located in the six (6) county geographic market place that has been accepted by the City ("Marketplace"). The Marketplace is made up of the counties of: Tarrant, Dallas, Denton, Johnson, Parker and Wise. Offerors are strongly encouraged to confirm that each SBE that it intends to use is located in the geographic marketplace to ensure that the SBE will be counted towards the established goal. All proposals shall include a SBE Plan to address the SBE diverse goal. At a minimum, the SBE Plan must provide: ® The company name, address, point of contact, email address, office and fax telephone numbers of identified SBEs; • A detailed description of the work to be performed by each SBE; • The tier level, i.e., 1 st, 2nd, 3rd, etc. (if other than 1 st tier, the plan must clearly identify the firm name and tier from whom the SBE firm will be receiving payment); • The sub -contract value or percentage of the design cost for each phase of work identified for each SBE participant; • Clearly state the SBE percentage level of commitment achieved; and m Provide the same identification information for all non-SBE participants NOTE: As the design team will be contracted with or a part of the Design -Build firm, the prime design firm, if SBE certified and accepted by the City, may count towards the SBE goal of 15%. A Small Business Enterprise (SBE) is defined as a business concern located in the marketplace that meets the Unites States Small Business Administration definition of a small business as outlined in the code of Federal Regulation 13 CFR 121. Firms certified as a Disadvantaged Business Enterprise (DBE) also meet small business enterprise requirements. Additionally, the City will accept firms certified as SBEs by Federal agencies or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. The City, at their discretion may elect to not accept a SBE certification and/or its assertion that it meets all certification requirements; if it is determined to be in the best interest of the City. Further, the City reserves the right to request SBEs seeking to do business with the City to allow an audit and/or examination of any books, records and files held by the SBE that will substantiate their SBE certification. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating any active contracts and/or debarment from City work for a period of not less than three (3) years and for initiating action under Federal, State or Local laws concerning false statements. The business must be certified prior to recommendation of award in order for the participation to be counted towards the established goal. 3. PROPOSAL SECURITY: Cashier's check or an acceptable Offeror's bond payable to the City of Fort Worth, in an amount of five (5) per cent of the Proposal submitted (See paragraph 1 above). The Proposal Security must accompany the Proposal and is subject to forfeit in the event the successful Offeror fails to execute the contract documents within ten (10) days after the contract has been awarded. The Proposal Security shall be included in the envelope containing the Proposal. Failure to submit the Proposal Security will result in the Proposal not being considered for this project. Offeror's bond will be returned if the City fails to award the contract within 90 calendar days of receipt of proposals, unless the Offeror agrees to an extension. The surety must be licensed to do business in the state of Texas. 4. PAYMENT BOND AND PERFORMANCE BOND: For projects in excess of $25,000, the successful Offeror entering into a contract for the work will be required to give the City surety in a sum equal Instructions to Offerors Page 8 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) to the amount of the contract awarded. The form of the bond shall be as herein provided and the surety shall be acceptable to the City. All bonds furnished hereunder shall meet the requirements of Texas Government Code Section 2253, as amended. In order for a surety to be acceptable to the City, the surety must (1) hold a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law; or (2) have obtained reinsurance for any liability in excess of $100,000 from a reinsurer that is authorized and admitted as a reinsurer in the State of Texas and is the holder of a certificate of authority from the United States Secretary of the Treasury to qualify as a surety on obligations permitted or required under federal law. Satisfactory proof of any such reinsurance shall be provided to the City upon request. The City, in its sole discretion, will determine the adequacy of the proof required herein. No sureties will be accepted by the City that are at the time in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Offeror to that effect and the Offeror shall immediately provide a new surety satisfactory to the City. If the total contract price is $25,000 or less, payment to the Offerorshall be made in one lump sum. Payment shall not be made for a period of 45 calendar days from the date the work has been completed and accepted by the City. If the contract is in excess of $25,000, a Payment Bond shall be executed, in the amount of the contract, solely for the protection of all claimants supplying labor and materials in the prosecution of the work. if the contract amount is in excess of $100,000, a Performance Bond shall also be provided, in the amount of the contract, conditioned on the faithful performance of the work in accordance with the plans, specification, and contract documents. Said bond shall be solely for the protection of the City of Fort Worth. PRE -PROPOSAL SiTE INVESTIGATION: Prior to filing a response, the Offeror shall examine the site(s) proposed and the details of the requirements set out in these specifications to satisfy itself as to the conditions which will be encountered relating to the character, quality, and quantity of the work to be performed and materials and equipment required. The filing of a response by the Offeror shall be considered evidence that it has complied with these requirements. AMBIGUITY: In case of ambiguity or lack of clearness in stating prices in the proposal, the City reserves the right to adopt the most advantageous construction thereof to the City or to reject the proposal. 7. WAGE RATES: Not less than the prevailing wage rates set forth in the Contract Documents must be paid on this project. 8. POST PROPOSAL - PREAWARD SUBMITTALS: Offerors are required to submit the Minority Business Enterprise Documentation to the Architectural Services Office, 401 West 13th Street, Fort Worth, Texas 76102 (phone number 817-392-8088), within five business days subsequent to bid opening (normally by 5:00 PM the next Thursday following a Thursday bid opening) in orderto assist City staff in determining the Offeror's capability of meeting City contract requirements 9. PROPOSED SUBCONTRACTORS: Acceptance of the Proposal in no way requires the City to accept the qualifications of the subcontractors. The Subcontractor lists are for use by the City in preparing recommendations for award of the contract. The Offeror must provide and use subcontractors listed unless the City agrees to allow a substitute. Instructions to Offerors Page 9 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) Should an Offeror find any discrepancies in the documents associated with the Request for Proposal, or should it be in doubt as to their meaning, it shall notify the City at once. If required, the City will then prepare a written addendum that will be available to all Offerors at the place designated for distribution of the Request for Proposal Documents by the Notice to Offerors. The Offeror is responsible for determining if addenda are available and for securing copies prior to submitting a response to this request for sealed proposals. Oral instructions or decisions unless confirmed by written addenda will not be considered valid, legal or binding. No extras will be authorized because of failure of the Offeror to include work called for in the addenda. Offeror must acknowledge addenda in the Proposal. Failure to acknowledge addenda maycause the Proposal to be ruled non -responsive. It is the Offeror's responsibility to obtain Addenda and include the information in the Proposal. 11. WORKERS COMPENSATION INSURANCE: Offerors will be required to demonstrate that coverage is in effect at time of Award of Contract. Sample Certificate of Insurance, or other proof that Workers Compensation Insurance will be obtained, must be submitted within five working days of bid opening. 12. TAXES: Equipment and materials not consumed by or incorporated into the work are subject to State sales taxes under House Bill 11, enacted August 15, 1991. II& PERMITS: The Offeror shall apply for all City of Fort Worth Permits and for any other permits required by this project. City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. 14. UTILITIES AND IMPACT FEES: The Offeror shall pay water and sewer utilities tap fees and impact fees. Unless shown otherwise, the Offeror shall coordinate and pay for water and sewer taps and meters to the property line. The Offeror will include all remaining fees from the electrical and gas companies in the Base Proposal, The Offeror will be responsible for coordinating with City and utility companies for installation of utilities. The Offeror will be responsible for all fees forelectrical, gas, and other utilities within the property line of the project. Unless indicated otherwise on the plans, the Offeror will be responsible for costs and installations from the building side of the water meter and sewer tap. 15. BID DOCUMENTS: Hard copies of bidding documents may be downloaded and printed by the Offeror. 16. CITY OF FORT WORTH DESIGN GUIDELINES: The City of Fort Worth has established design guidelines available on the City's Buzzsaw website. Catalog, brand names, and manufacturer's references are descriptive, not restrictive. Use of brands of like nature and quality will be considered. Upon request of the architect or Offeror, the Offeror will submit a full sized sample and/or detailed information as required to allow the architect to determine the acceptability of proposed substitutions. Where equipment has been listed as "no substitute accepted", the City will accept no alternates to the specified equipment. Also, refer to specification's product requirements. 17. TESTING SERVICES: The City shall provide for, independently of the Offeror, the inspection services, the testing of construction materials engineering, and the verification testing services necessary for the acceptance of the construction work. 18. PROJECT SCHEDULE: The Project Schedule to be submitted with the Proposal will, at the minimum, include the following: land purchase, programing, schematic phase, design development phase, construction document phase, estimating and bidding, quality control submittals and approvals, mobilization, site preparation, under slab utilities, foundation work, structural erection, interior finish, commissioning, and closeout. The Schedule may be submitted as a table or PERT diagram. Instructions to Offerors Page 10 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) v i 09VON • Bi iLD GENERAI CONTRACTOR c n i� n .i lin x F R C C RI q k A32Ci'ilEC'i5 P.O. BoxW RTH ' FORT WORTH,, The FesipBwild Avam TEXAS 75179 � " i TABLE OF CONTENTS 1. Introductory Letter 2. Team Description 3. Office Locations 4. Comparable Projects 5. Project Team 6. Schedules / Resources / Workload 7. Applicable Rules & Standards 8. Team Composition / Responsibilities Supplemental Information o Two -Year Warranty Offer e Bonding Company Commitment ® Certificate of Insurance o W-9 Form • Speed Fab -Crete Brochure ® Callahan & Freeman Architects Brochure I u Speed Fab -Crete - P O Box 15580 - Fort Worth, Texas 76119 Callahan & Freeman Architects — P 0 Box 15577 — Fort Worth, Texas 76119 Jog4iiis�0vto-_ �fE I". MLO OENERAL CONTRA"OR c r i E. n o n ' r c c u R R AFtCF1iT�CT5 ro.ewc FtlRT wORT10, tEJfAS rS]A9 TheDoslyn-Build ream TN, February 21, 2019 Mr. David Cooke, City Manager City of Fort Worth 200 Texas Street Fort Worth, Texas 76012 Re: Design -Build Services for the FWPD South Patrol Division Facility Dear Mr. Cooke: The Team of Speed Fab -Crete / Callahan & Freeman Architects with Baird, Hampton & Brown Engineering is pleased to submit the following Statement of Qualifications as Design -Builders for the new Fort Worth Police Department South Patrol Division Facility. Speed Fab -Crete / Callahan & Freeman Architects have worked together for over 20 years utilizing the design -build project delivery method successfully completing over 400 projects as a TEAM. Our proposed team has years of project design and construction experience for government/public entities, including several community facility projects. Our team also includes the Fort Worth based engineering firm of Baird, Hampton & Brown (Civil, Mechanical, Electrical Engineering and Surveying) and Arlington based Jakan Engineering (Structural). You will see the word "TEAM" emphasized throughout this document and in all discussions of the project — we will design and construct this project as a team —Designer, Constructor, and Owner. We always consider the project owner as part of our team from day one throughout construction and until the end of the warranty period and beyond. This qualification statement outlines our work experience and credentials to perform as your design -build team. We feel particularly qualified for the following reasons: o Speed Fab -Crete, Callahan & Freeman Architects and Baird -Hampton -Brown Engineers have personnel who have received specialized training from the Design -Build institute of America and have received the DB1A Designated Professional credential. ® We have extensive experience as a team in projects of all types, especially publicly owned projects. Speed Fab - Crete / Callahan & Freeman Architects have shared an office together for over 20 years - we are specialists in design -build. Co -location is a "best practice" in Design -Build as recognized by the Design -Build Institute of America. m We are specialists in the design and construction of budget -conscious buildings —we've been hired by several multiple government agencies and other groups to "rescue" floundering construction programs that were over budget and still give the owner organizations the facilities that they need and can be proud of. ® We are the correct size firm for this project —the project's budget is "right in our wheelhouse"; this size project is where our field staff are most expert — a job that is not too small nor too large. ® We have a strong presence throughout North Texas —we have the buying power to get the best prices available from the subcontractors on the project and material suppliers. We have a strong cadre of suppliers and subcontractors who know how to best work in the Design -Build atmosphere — an atmosphere of collaboration and cooperation with the entire project team (including the Owner). Our subcontractors are vetted for their own financial integrity so the project owners can always rest assured that there will be no mechanic's and materialmen's lien issues on the project. We will also work with the City to identify and solicit subcontractor and supplier bids/quotes from area providers and from members of the Fort Worth community. a We will also work with the City to meet or exceed all goals for M/WBE participation in both the design and construction phases of the project. m We have the financial capabilities to perform this project. We are a stable, 67-year old company with the financial wherewithal to properly complete this project. We will supply Performance & Payment bonding for the entire project as required. Speed Fab -Crete - P O Box 15580 - Fort Worth, Texas 76119 �, Callahan & Freeman Architects — P 0 Box 15577 -- Fort Worth Texas 76119 At no cost to the Owner, we include a two-year warranty on the entire project with the exception of normal "wear and tear" items. This is twice the coverage period required by most contracts and is a real value to the Owner. Design -Build as a procurement process allows for Design Excellence to be at the forefront of the project from day one. Callahan & Freeman Architects will design the project to get the most "bang for the buck" while meeting the program and needs for the facility. As a city -owned facility, the building will have to last a long time and we will propose designs that will be timeless and durable. We appreciate the opportunity to provide design and construction for the proposed project. We believe, that together, we can produce a first-class project for the City of Fort Worth, on time and in budget. The signers of this document are authorized by the Respondent to sign the document. This submittal is valid for 90 days from the date above. We have received four addenda: Addendum #1 dated 02/07/2019 Addendum #2 dated 02/15/2019 Addendum #3 dated 02/16/2019 Addendum #4 dated 02/18/2019 Sincerely, A;t�j Ronald A. Hamm, DBIA President Speed Fab -Crete / ec;;�lz Randy C. Landers, FDBIA, PMP Director of Business Development Speed Fab -Crete Frank W. Callahan, AIA, DBIA, LEED AP President / Principal Callahan & Freeman Architects . .� Charle Freeman, AIA Vice President / Princfpaf Callahan & Freeman Architects =- �- - 3--- Speed Fab -Crete - P 0 Box 15580 - Fort Worth, Texas 76119 Callahan & Freeman Architects - P 0 Box 15577 - Fort Worth, Texas 76119 Fort Worth Police Department SOUTH PATROL DIVISION FACILITY Design wild Proposal Form Submitting Team: �► a„�., «�x.,,,. 2 21 2019 O.M-BUIL 13ENERALC*1473t MA A R C H I T E C T S / / P.D. ROX 15580 FORT WORTH, TEXAS 761 n The Des/gn auile Team Item UESI N COST 1, Design 5er%4ces' [to Include any required Geotechnicaf Reports, Site Survey. FP Aria lVsIs, JSWM, TAS/ADA Reviews, 8tt,) $Szojl o r 1_7 De!;ign•Ruild Mariagement Fee un Design 5mEces $10,400 13 TOTAL DESIGN COST $530,400 Item CONSTRUCTION COST ?,a General Canditions & Miscehaneous (to Include Temporary Facilities, 0�}, 00 an UP. Safety/QC, Safe Clo, Songs $i insurance, r<"tC.� 2.2 CONSTRUCTTON CQEST (ti? Include afl Materials. Labor, Site Wofk, k Parkfng, Landscaping, Building Utilities, etc.) $2.385,500 s 2.3 Cantractur's Contingency 516D,000 k 2.21 DoNlgn-Build Management Fee on Cnwitruction 537%200 ' �_5 TOTAL CONSTRUCTION COST $9,469,600 TOTAL DESIGN BUILD COST ( 1O,000,DOo.00) =$10,P00,0001 I 3 RFQ ESTIMATE - DESIGN COST Name of Project: FWPD South Patrol Division February 21, 2019 Date: 212112019 1 SCHEMATIC EST10WA7r Soils/Geotech Testing & Report T 1 est j I $ 5,000.00 2 Site Survey - BHB Quote quote $ 17,325.00 3 Schematic Design -Architecture 1 est $ 32,000.00 4 Schematic Design - Structural Engineering 'I est $ 12,000.00 5 Schematic Desing - Civil Engineering quote $ 14,500.00 6 Schematic Design - MEP Engineering quote $ 3,500,00 7 Fire Protection Analysis 1 est $ 10,000.00 8 iSWM 1 est $ 2,175.00 SUBTOTAL- Schematic Design $ 96 5> 00 9 DESIGN GEJELii3rv7Ej+IT DD-Architecture i est $ - 68,000.00 10 DD - Structural Engineering 1 est $ 16,000.00 11 DD - Civil Engineering quote $ 19„300.00 12 DD - MEP Engineering SUBTOTAL- Design Development quote $ 20,000.00 123 5U0 pq 13 CONSTRUCTION DOCUMENTS CD - Architecture 1 est $ 168,000.00 14 CD - Structural Engineering 1 est $ 18.500,00 15 CD - Civil Engineering quote $ 19,500.00 16 CD - MEP Engineering quote $ 28,000.00 SUBTOTAL- Construction Documents $ 234,DE1'0 Ord 17 CONSTRUCTION ADI'TuNi$TRF PON CA -Architecture 1 est $ 38,000.00 18 CA - Structural Engineering 1 est $ 6,500.00 15 CA - Civil Engineering quote $ 8,500.00 20 CA - MEP Engineering quote S 13,000.00 SUBTOTAL - Construction Administration 66 000,00 TOTAL 5.20% $^ 520,001O.Do DISCIPLINE RECAP Due Diligence 1 0.25% $ 24,500.00 2 Architecture 3.06% $ 306,000.00 3 Structural Engineering 0.53% $ 53,000.00 4 ICivil Engineering 0.62% $ 62,0W00 5 MEP Engineering 0.75% $ 74,500.00 TOTAL 5.20% S 820,OOD_1]4l I RFQ ESTIMATE February 21, 2019 Name of Project: FWPD South Patrol Division Landers Estimate Date: 2/21/2019 14-Month Schedule 1 i=IiE 3 AND OFFICE STAPS� Project Manager/General Super 11307 monthly $ 31,660.00 2 Superintendent (i x 15-months) 10703 monthly $ 160,545.00 3 Assistant SuperintendentlScheduler 9500 monthly $ - 4 Project Exec 11307 monthly $ 15,001.00 5 Project Assistant 15287 monthly $ 14,804.00 6 Safely Director 7 Superintendent - Per Diem 120 night 150 day 8 Carpenter SUBTOTAL- On -Site Field Office Staff 55 hour Y 222,f}i0 17 GENERAL CONDITIONS 9 Field Engineering Labor $ _ 10 Field Engineering Equipment & Supplies $ 11 Field Project office 500 smaf1I1000 large month $ 14.000.00 12 Temporary Electricity 500 month $ i,000.00 13 Internet Service 200 month $ - 14 Temporary Sanitary Facilities 180 month x 2 $ 5,040.00 15 Temporary water 50 month $ 700.00 16 Barricades 400 month $ 5,600.00 17 Office Supplies 160 monthly $ - 18 Construction Clean Up 360 week $ 21,600.00 19 Final Clean Up .30 sq. ft. plus glass $ 9.800.00 20 Rental Equipment $ _ 21 Site Signage $ 1,850.00 22 Dumpster 900 dump (Allowance) $ 54,000.00 23 Temporary Fence $ 3,000.00 24 Knox BoxlPadlooks/FDC Caps 2000 (Allowance) $ 2,000.00 25 Surveying With AIE 26 TDLR Inspection 1000 $ 1,000.00 27 SW3P (Book and Permit) 2000 $ 2,000.00 28 Construction Materials Testing $ 30,000.00 29 Insurance - GL, BR, Corp, Umb 90,000.00 SUBTOTAL - General Conditions: ;i 247.5!D0.00 TOTAL 4.7Ui�, $ -- d69,4U4.fl0 Performance & Payment Bond (Design -Build Rates) 135,300.00 GRANDTOTAL 604 900.00 30 441v rbb44�vtvl GuntF,d ClirLUrmfor , ConstruatotrlAena®er Insurance Below please find a copy of our current Certificate of Insurance. 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Pa€ICY CCn1AMN 39ltay H¢Htaot carlra"lom CERTIFICATE HOLOER _ __ - CAHCFI.I.ATtOH SHOULD ANY GF'THE A90V6 DESCRIBEO POLJCtEB 9E CANGELLEO WORE MR. WORRtATIONCMLY UP P.XRRA"O" DAT11 7HE660F, 1 '$'7 ML BE DELIVERED IN ACCORDANCE WH THE POLIGY P.FtOYISI0H3. Fox[F------------------ ................--.,_.�.........._..........._.,-. Mf --------- Acuff 25 pa i6iaa'j 101980•201 S AC41�b CGRPURATION. All rights oriented UP The ACOP,a r.nea A016 pmm nMistorpd IFtarks 0f ACORO S eZ Fail -Crete - P 0 Box 15580 - fort Worth, Texas 76119 Callahan & Freeman Architects — P 0 Box 15577 — Fort Worth, Texas 76119 P 4• a, -�.9 !Nw S-wd&I l 7O'l it ,`rwR4r RMr`r�• ..g$$ AA#ugy*"ligqq�9H'�+1tyggqfo ! r��1�xpi.,3�Ayo �n�{, �*y?)y) Ideidif1p tlon WM�I bee And Cortification flhm POT11A to tho DO izj)l ;tA ,Tti.� to O m n F'alkCra4q �4r�gra7kPn i CP* t iF#� uAt Pa» kr ifdral W LJIMMMM err f ,itry ... .. ,..:: ❑17a [R.! 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MwiVA r�r+ r COW r IAa Rr TFa K.4 Inv j}4rr,p kOFW r + rs wam;.L for a niff-h r is tw "T.*M J CrUL rw vmw uAwp t v }RaW wpr�*Q ,r IOWN i"rrm[Od kMt*irC"Ir"4"ireiVGFW-;.eIP}....i.IL aO17ilica14!W+ wry cbmtai If4M a4■ U. Lru1 P" abf#4, I ar,riat"FV tl read. rtir4 r U i 4.f. rr I&PIRM1r it r" MZPk - T . I• - •' O Mom %YMON r vr-r'& Vw4 tr Nroeftj tcrwaEiv.. . �O�tiIR'NWFA]rftCO}y*WWrp"CY4rMkin 19OVIeWMd'q'. s,vu M.ra,ril'MKrrIl�iAhr]aerr+4*t►v Nvrrrcl4r�r1i1�4r}a{d[C.frw[w,•;.,e pa Gr iq IM3SX Fr*. -qpn uvm1 fr 331 Speed Fab -Crete - P Q Box 15580 - Fort Worth, Texas 76119 Callahan & Freeman Architects — P 0 Box 15577 — Fort Worth, Texas 7611.9 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 1s 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 M, CONFLICT OF INTEREST AFFIDAVIT Page I of 1 CONFLICT OF INTEREST AFFIDAVIT Each bidder, offeror, or respondent (hereinafter also referred to as "you") to a City of Fort Worth (also referred to as "City") procurement are required to complete Conflict of Interest Questionnaire (the attached CIQ Form) and Local Government Officer Conflicts Disclosure Statement (the attached CIS Form) below pursuant to state law. This affidavit will certify that the Bidder has on file with. the City Secretary the required documentation and is eligible to bid on City Work. The referenced forms may be downloaded from the website links provided below. ht://www.ethics.state.tx.us/fon-ns/CI df http://www.etilies.state.tx.us/forms/CIS.pdf 0 CIQ Form is on file with City Secretary 0 CIQ Form is being provided to the City Secretary El CIS Form is on File with City Secretary 0 CIS Form is being provided to the City Secretary BIDDER: Speed Fab -Crete Corp. By: Ronald A. Hamm Company (Please Print) 1150 E. Kennedale PkwY• Signature: Address Kennedale, Texas 76060 City/State/Zip CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised February 02, 2017 Title: President (Please Print) Will Rogers Memorial Center Lighting Retrofit CITY PROJECT NO, 100150 CONFLICT OF INTEREST QUESTIONNAIRE FORM CIQ For vendor doing business with local governmental entity This questionnaire reflects changes made to the law by 1-1.13_ 23, 841h Leg., Regular Session. OFFICEUSEONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who pate Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entily 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. jJ Name of vendor who has a business relationship with local governmental entity. Speed Fab -Crete Corp. 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.) s Name of local government officer about whom the information is being disclosed. (Not Applicable) Name of Officer 4J 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 CIQ as necessary. (Not Applicable) 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? Yes E-1 No 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? Yes F-1 No 5 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. 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176. 03(a)(2)(R), excluding gifts described in Section 176.003(a-1). 7 August 7, 2019 Signature of vendor doin siness with the governmental entity Date Form provided by Texas Ethics Commission www.elhics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity A complete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutes.logis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): 'Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on; (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (8) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code $176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *k4 (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (1) a contract between the local governmental entity and vendor has been executed; or (il) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that- (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code & 176A06Sa) and (a-1) (a) Avendor shall fife a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Form provided by Texas Ethics Commission www.ethics.state_k.us Revised 1113012015 (4$�w e1:939 (Enkj (Rev..4.731� - Texas Sales and Use Tax Exemption Certification This certificate does not require a number to be valid. Name o€purchaser, firm or agency City of Fort Worth, Texas address (SVeet & number, P.O. Box orRoute number) Phone (Ama code andnumber) 200 Texas Street 817-392-8360 City, State, ZIP code Fort Worth, Texas 76102 1, the purchaser named above, claim an exemption from payment of sales and use taxes (forthe purchase of taxable items described below or on the attached orderor invoice) from: Seller. All Vendors Street address- City, State, ZIP code: Description of items to be purchased or on the attached order or invoice: All items. Purchaser acknomded es that this Certificate cannot be used for the purchase, lease or rental of a motor vehicle_ Purchaser claims this exemption for the following reason: Municipality, Govemmental Entity I understand that twill be liable far payment of all state and local sales ar use taxes which may become due for failure to comply wish the provisions of the Tax Code and/or all applicable law. tunderstandfhatitisacriminaloffensetogiveanexempUoncertificate tothe sellerfartaxableitems thatlknow, afthe timeofpurchase. wilibeusedinamennerotherthanthatexpressedinthiscertifrcate, anddependingontheamountoftaxovaded, theoffensemayrange from a Class C misdemeanor to a felony of the second degree. Purchaser hare 'nue Finance Director/CFO Date NOTE: This certificate cannot be issued for the purchase, lease, or rental of a motor vehicle. THIS CERTIFICATE DOES NOT REQUIREA NUMBER TO BE VALID. Sales and Use Tax "Exemption Numbers" or'Tax Exempt" Numbers do not exist. This certificate should he furnish ad to the supplier. Do not send the completed certificate to the Comptroller of Public Accounts. Instructions to Offerors Page 12 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) 2013 PREVAILING WAGE RATES Commercial Construction Projects CLASSIFICATI s m $ AC Mechanic 25.24 $ AC Mechanic Helper 13.67 $ Acoustical Ceiling Installer 16.83 $ Acoustical Ceiling Installer Helper 12.70 Bricklayer/Stone Mason 19.45 Bricklayer/Stone Mason Trainee 13$31 Bricklayer/Stone Mason Helper gl 1 $ Carpenter 17.75 $ Carpenter Helper 14.32 $ Concrete Cutter/Sawer 17.00 $ Concrete Cutter/Sawer Helper 11.00 $ Concrete Finisher 15.77 Concrete Finisher Helper 11.00 Concrete Form Builder �5 27 $ Concrete Form Builder Helper 11.00 $ Drywall Mechanic 15.36 $ Drywall Helper 12.54 $ Drywall Taper 15.00 $ Drywall Taper Helper 11.50 Electrician (journeyman) 19.63 Electrician Apprentice (Helper) 15.64 $ Electronic Technician 20.00 $ Floor Layer 18.00 $ Floor Layer Helper 10.00 $ Glazier 21.03 Instructions to Offerors Page 13 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) $ Glazier Helper 12.81 $ Insulator 16.59 $ Insulator Helper 11.21 $ Laborer Common 10.89 $ Laborer Skilled 14.15 $ Lather 12.99 $ Metal Building Assembler 16.00 $ Metal Building Assembler Helper 12.00 $ Metal Installer (Miscellaneous) 13.00 Metal Installer Helper (Miscellaneous) Q0 1 $ Metal Stud Framer 16.12 $ Metal Stud Framer Helper 12.54 $ Painter 16.44 $ Painter Helper 9.98 $ Pipefitter 21.22 $ Pipefitter Helper 15.39 $ Plasterer 16.17 $ Plasterer Helper 12.85 $ Plumber 21.98 $ Plumber Helper 15.85 $ Reinforcing Steel Setter 12.87 Reinforcing Steel Setter Helper 11$08 $ Roofer 16.90 $ Roofer Helper 11.15 $ Sheet Metal Worker 16.35 $ Sheet Metal Worker Helper 13.11 $ Sprinkler System Installer 19.17 Instructions to Offerors Page 14 of 46 Rockwood Clubhouse and Maintenance Facility (April 2019) $ Sprinkler System Installer Helper 14.15 $ Steel Worker Structural 17.00 Steel Worker Structural Helper 13.74 $ Waterproofer 15.00 Equipment Operators $ Concrete Pump 18.50 $ Crane, Clarnshell, Backhoe, Derrick, D'LlneShovel 19.31 $ Forklift 16.45 $ Foundation Drill Operator 22.50 $ Front End Loader 16.97 $ Truck Driver 16.77 $ Welder 19.96 $ Welder Helper 13.00 The prevailing wage rates shown for Commercial construction projects were based on a salarysurvey conducted and published bythe North Texas Construction Industry (Fall 2012) Independently compiled by } the Lane Gorman Trubitt, PLLC Construction Group. The descriptions for the classifications listedare provided on the TEXO's (The Construction Association) website. www.texoassocfation.org/Chapter/wagerates.asp I Instructions to Offerors Rockwood Clubhouse and Maintenance Facility (April 2019) Page 15 of 46 CITY OF FORT WORTH WEATHER TABLE Month Average Days of Rain/Snow/Ice Inches of Rainfall January 6 2.51 February 7 2.23 March 9 3.49 April 7 2.97 May 10 4.56 June 8 3.31 July 4 1.83 August 5 1.88 September 5 2.34 October 7 3.65 November 7 2.70 December 6 2.34 Annually 81 33.81 s (1) Mean number of days precipitation of 0.01" or more or 1/2" snowlice (2) Average normal precipitation, in inches F This table is based on information reported from Dallas -Fort Worth International Airport, Texas. Latitude 32 deg 54 min north, longitude 97 deg 02 min west, elevation (ground) 551 ft. Average number of days of rain, snow, and ice days are based on records covering 21 years. Precipitation is based on recorded information from 1996 through 2016 period. This table is to be used as a baisis for calculation of excess rain or weather days for projects with duration in calendar days. If the site records indicate that the Contractor was unable to carry out operations due to weather, it is counted as a weather day. If the number of weather days exceeds the number of average rain days plus the snowlice days for the contract duration, the contract will be adjusted by Change Order. Fort Worth Weather Table 24 April 2017 ATTAC MENTC STANDARD GENERAL CONDITIONS A FOR. DESIGN -BUILD AGREEMENT CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 1 of68 May 2019 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Page Article 1 — Definitions and Terminology............................................................................................ 6 1.1 Defined Terms...............................................................................................................•.... •.....6 1.2 Terminology..........................................................................................................................................12 Article2 — Preliminary Matters..........................................................................................................................13 2.1 Copies of Documents.....................................................................................................................13 2.2 Commencement of Contract Time; Notice to Proceed...............................................................13 2.3 Starting the Work.......................................................................................................................... 13 2.4 Before Starting Construction, Baseline Schedules.......................................................................13 2.5 Preconstruction Conference......................................................................................................13 2.6 Public Meeting..........................................................................................................................13 Article 3 Contract Documents: Intent, Amending, Reuse............................................................................. 14 3.1 Intent...............................................................................................................................................14 3.2 Reference Standards..................................................................................................................14 3.3 Reporting and Resolving Discrepancies....................................................................................... 15 3.4 Amending and Supplementing Contract Documents................................................................... 16 3.5 Reuse of Documents.......................................................................................................................16 3.6 Electronic Data.............................•.............................................................................. 16 Article 4 — Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points............................................•..........................................................17 4.1 Availability ofLands..................................................................................................................... 17 4.2 Subsurface and Physical Conditions............................................................................................. 17 4.3 Differing Subsurface or Physical Conditions.............................................................................18 4.4 Underground Facilities.................................................................................................................. 18 4.5 Reference Points...................................................................... ..................19 ............................... 4.6 Hazardous Environmental Condition at Site..............................................................................20 Article 5 — Indemnity, Bonds and Insurance...................................................................................................... 21 5.1 Indemnification.........................................................................................................................................................................................21 5.2 Bonds..............................................................................................................................................22 5.3 Certificates of Insurance................................................................................................................23 5.4 Categories of Insurance.................................................................................................................24 5.5 Insurance Requirements.....................................................................................25 5.6 Acceptance of Bonds and Insurance; Option to Replace .............................................. 27 CrFY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 2 of 68 Article 6 - Design Builder's Responsibilities......................................................................................................27 6.1 Supervision and Superintendence................................................................................................. 27 6.2 ............................. Labor; Working Hours............................................................................. ... 28 6.3 Services, Materials, and Equipment............................................................................................. 28 6.4 Project Schedule....................................................................................................................... 29 6.5 Concerning Subcontractors, Suppliers, and Others...................................................................29 6.6 .................... Wage Rates....................................................................................................... .... 30 6.7 Patent Fees and Royalties.......................................................................................................... 32 6.8 Permits and Utilities...................................................................................................................... 32 6.9 Laws and Regulations................................................................................................................... 33 6.10 Taxes...............................................................................................................................................33 6.11 Use of Site and Other Areas...................................................................................................... 33 6.12 Record Documents.........................................................................................................................34 6.13 Safety and Protection..................................................................................................................... 35 6.14 .................................. Safety Representative........................................................................... ...... 35 6.15 Hazard Communication Programs........................................................................................... 36 6.16 Emergencies and/or Rectification................................................................................................36 6.17 Submittals and Samples.......................................................................................... 36 6.18 Continuing the Work.................................................................................................................... 37 6.19 Design -Builder's General Warranty and Guarantee......................................................................37 6.20 Professional Design Services.............................................................................38 6.21 Right to Audit................................................................................................................................3 9 6.22 ...................................... Nondiscrimination......................................................................... ......... 39 Article7 --- Other Work at the Site...................................................................................•................................ 39 7.1 Related Work at Site...................................................................... ... 39 ....................................... 7.2 Coordination..................................................................................................................................40 Article 8 - City's Responsibilities .................................... 8.1 Communications to Design-Builder.........................................................................................40 8.2 Furnish Data................................................................................................. 41 8.3 Pay When Due...................................................................................................................................41 8.4 Change Orders............................................................................ 8.5 Inspections, Tests, and Approvals............................................................................................... 41 8.6 Limitations on City's Responsibilities........................................................................................ 41 8.7 Undisclosed Hazardous Environmental Condition.................................................................. 41 Article 9 - City's Observation Status During Construction............................................................................ 41 9.1 City's Project Representative...................................................................................................... 41 9.2 Visits to Site............................................................................................................................ 41 9.3 Authorized Variations in Work................................................................................................... 42 9.4 Rejecting DefectiveWork........................................................ ...................42 ............................ CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN BUILD PROJECTS July 2019 Page 3 of 69 Article 10 - Changes in the Work; Claims; Extra Work.................................................................................42 10.1 Authorized Changes in the Work................................................................................................ 42 10.2 Unauthorized Changes in the Work............................................................................................ 42 10.3 Execution of Change Orders................................................................................................... 43 10.4 Extra Work...................................................................................................................................43 10.5 Notification to Surety.............................................................................................................. 43 10.6 Contract Claims Process..............................................................................................................43 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ...................... 44 11.1 Cost of the Work..........................................................................................................................44 11.2 Allowances/Contingency.........................................................................................................50 Article 12 -Design-Builder's Fee Change of Contract Price; Change of Contract Time, Delays........ 51 12.1 Design Builder's Fee................................................................................................................51 12.2 Change of GMP............................................................................................................................... 51 12.3 Change of Contract Time......................................................................................................... 51 12.04 Delays......................................................................................................51 Article 13 Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 52 13.1 Notice of Defects..........................................................................................................................52 13.2 Access to Work............................................................................................................................52 13.3 Tests and Inspections...................................................................................................................52 13.4 Uncovering Work.........................................................................................................................53 13.5 City May Stop the Work..............................................................................................................54 13.6 Correction or Removal of Defective Work................................................................................ 54 13.7 Correction Period.................................................................................................................... 54 13.8 Acceptance of Defective Work....................................................................................................55 139 City May Correct Defective Work.............................................................................................. 55 Article 14 - Payments to Contractor and Completion................................................................................. 56 14.1 Schedule ofValues................................................................................................................. 56 14.2 Progress Payments................................................................ ....................................... ................56 14.3 Design -Builder's Warranty of Title....................................................................................... 59 14.4 Partial Utilization..........................................................................................................................59 14.5 Final Inspection............................................................................................................................. 59 14.6 Final Acceptance.........................................................................................................................60 14.7 Final Payment................................................................................................................................60 14.8 Final Completion Delayed and Partial Retainage Release........................................................ 61 14.9 Waiver of Claims...........................................................................................................................61 Article 15 Suspension of Work and Termination.......................................................................................... 61 15.1 City May Suspend Work...............................................................................................................61 15.2 City May Terminate for Cause................................................................................................. 62 15.3 ....................................... . City May Terminate For Convenience .................................... ............ 64 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 4 of 68 lr 1 Article 16 -- Dispute Resolution................................................................................. ... 65 ............................. Article17 — Miscellaneous........................................................................................................................... 66 17.1 Giving Notice................................................................. .... 66 .................................................... i17.2 Computation of Times..................................................................................................................66 17.3 Cumulative Remedies 17.4 Survival of Obligations ............................................. ..............67 17.5 Headings.................................................................................................................................67 a CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Page 5 of 68 ! July 2019 ARTICLE 1-- DEFINITIONS AND TERMINOLOGY 1.1 Defined Terms Wherever used in these General Conditions or in other Contract Documents, the terms listed b e 1 o w 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 Design - Builder covering the Work. 3. Architect A Licensed, independent design professional pursuant to Texas Occupations Code Chapter 1051 et seq. selected by the Design -Builder based upon demonstrated competence and qualifications in accordance with Chapter 2254, Texas Government Code or furnished by licensed employees of the Design -Builder to provide architectural services required for the project. 4. Application for Payment The form acceptable to City which is to be used by Design -Builder 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. 5. 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. 6. Award— Authorization by the City Council for the City to enter into an Agreement, and signatures by City Manager or authorized representative. 7. 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. 8. Business Diversity Enterprise Ordinance - the City's Business Diversity Enterprise Ordinance #20020- 12-2011, as amended. 9. Buzzsaw — City's on-line, electronic document management and collaboration system. 10. Calendar Day — A day consisting of 24 hours measured from midnight to the next midnight. 11. Change Order ----A document, which is prepared and approved by the City, which is signed by CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 20 [9 Page 6 of 68 Design -Builder and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the GMP or the Contract Time, issued on or after the Effective Date of the Agreement. 12. City The City of Fort Worth, Texas, a Texas home -rule municipal corporation, acting by governing body through the City Manager, Their designee, or agents authorized under their behalf, and is the entity with whom Design -Builder has entered into the Agreement and for whom the Work is to be performed. 13. City Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or a duly authorized representative. 14. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 15. City Manager -- The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or a duly authorized representative. 16. Construction Documents - The drawings, specifications and other documents prepared by the Design - Builder or Engineer and approved by the City for the construction of the Project. 17. Contract Claim —A demand or assertion by City or Design -Builder seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Agreement. A demand for money or services by a third party is not a Contract Claim. 18. Contract —The entire and integrated written document between the Design -Builder and Contractor concerning the Work. The Contract is subservient to the Agreement and incorporates the Contract Documents. 19. Contract Documents The Agreement, the Request for Proposals, Design -Builder's Proposal, the Construction Documents, and any exhibits thereto, and other necessary documents as may be indicated by the City whether specifically attached hereto or provided separately. Approved Submittals, other submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 20. Contract Price The moneys payable by Design -Builder to a Contractor for completion of the Work in accordance with the Contract. 21. 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. 22. Contractor —The individual or entity with whom Design -Builder has entered into a Contract for design or construction of the Work. 23. Cost of the Work The included and excluded costs which Design -Builder shall consider when developing the Design -Builder's Fee and the GMP. See Paragraph 11.01 of these General Conditions for details. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 20I9 Page 7 of 68 24. Damage Claims A demand for money or services arising from the Project or Site from a third party, City, Design -Builder or Contractor exclusive of a ContractClaim. 25. Day or day A day, unless otherwise defined, shall mean a Calendar Day. 26. Design -Builder A sole proprietorship, partnership, corporation, or other legal entity that includes an architect or engineer and a construction contractor. 27. Defective Work - Any portion of the Work not in conformance with the Contract Documents. 28. Design -Builder Fee —The moneys payable by City to Design -Builder for prosecution of the Work in accordance with the Contract Documents as stated in the Agreement 29. Department Director— The officially appointed Director of a Department of the City of Fort Worth, Texas, or a duly appointed representative, assistant, or agents. 30. 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. 31. 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 by the City Manager. 32. Engineer — The licensed, independent design professional pursuant to Texas Occupations Code Chapter 1001 et seq. selected by the Design -Builder based upon demonstrated competence and qualifications in accordance with Chapter 2254, Texas Government Code or furnished by licensed employees of the Design -Builder to provide engineering services required for the project. 33. Extra Work— Additional work made necessary by changes or alterations of the C o n t r a c t Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra Work shall be incorporated into the Work. 34. Field Order A written order issued by Design -Builder which requires changes in the Work but which does not involve a change in the GMP, Contract Time, or the intent of the Engineer. Payment for Field Orders is the responsibility of the Design -Builder. 35. Final Acceptance — The written notice given by the City to the Design -Builder that the Work specified in the Contract Documents has been completed to the satisfaction of the City. 36. Final Inspection — Inspection carried out by the City to verify that the Design -Builder has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 37. General Requirements Sections of Division 1 of the Contract Documents. 38. Guaranteed Maximum Price (GMP) - The maximum cost to the City for the Work as established by the Design -Builder according to the Contract Documents and as approved by the City. CIT Y OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 8 of 68 39. 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. 40. Hazardous Taste —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. 41. 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. 42. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 43. Liquidated Damages. A specified sum of money established in the Agreement that, for each calendar day that any work shall remain uncompleted after the time specified in the Agreement, will be deducted from the monies due the Design -Builder, not as a penalty, but as liquidated damages suffered by the City. 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 4ward--The written notice by City to the successful Proposer stating that upon timely compliance by the successful Proposer with the conditions precedent listed therein, City will execute the Agreement. 47. Notice to Proceed A written notice given by City to Design -Builder 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. Open Book Price The price of subcontracts and purchases, the site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. 49. PCBs —Polychlorinated biphenyls. 50. 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. 51. Plans — See definition of Drawings. 52. Project —The Work to be performed under the Contract Documents. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 9 of 68 53. Project Schedule —A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprisingthe Contractor's plan to accomplish the Work within the ContractTime. 54. Project Representative The authorized representative of the City who will be assigned to the Project. The Project Representative is not a City inspector for purposes of inspecting detailed aspects of the construction phase of the Work. 55. Proposal A Proposer's response to the RFP issued by the City to solicit a Design -Builder to design and build the Project. 56. Offeror — A Design -Builder who submits an Offer. 57. Public Meeting — An announced meeting conducted by the City and/or Design -Builder to facilitate public participation and to inform the public of the Project. 58. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 US Section 2011 et seq.) as amended from time to time. 59. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 60. Retainage — The amount of money,..on a percentage basis, identified in the Agreement to be withheld by City from each of Design -Builder's progress payments. 61. Request for Proposals (RFP) — A request by the City issued to qualified Design -Builder Firms for Proposals to design and build the Project. 62. 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. 63. Schedule of Submittals A schedule, prepared and maintained by Design -Builder, of required submittals and the time requirements to support scheduled performance of related construction activities. 64. Schedule of Values A schedule prepared and maintained by Design -Builder, allocating portions of the Project Price to various portions of the Work and used as the basis for reviewing Design -Builder's Applications for Payment. 65. 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 Design -Builder in furtherance of the Project. 66. 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 10 of 68 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. 67. 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. 68. Submittals All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Design -Builder and submitted to City by Design - Builder to illustrate some portion of the Work. 69. Substantial Completion — The stage in the progress of the Project when the Work (or designated portion thereof) is sufficiently complete in accordance with the Contract Documents so that the City can utilize the Project (or a designated portion thereof) for the intended use, as determined by the Owner. 70. Superintendent The representative of the Design -Builder who is available at all times and able to receive instructions from the City and to act for the Design -Builder. 71. Supplementary Conditions That part of the Contract Documents which amends or supplements these General Conditions. 72. Supplier A manufacturer, fabricator, supplier, distributor, material man, or vendor having a direct contract with Design -Builder, Contractor or with any Subcontractor to furnish materials o r equipment to be incorporated in the Work. 73. 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. 74. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 8:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 75. Work —The entire design and 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 design and 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. 76. 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 Design -Builder 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGrN-BUILD PROJECTS July2019 Page 11 of 68 1.2 Terminology A. The words and terms discussed in Paragraph 1.02.13 through E are not defined but, when used in the Contract Documents, have the indicated meaning. B. Intent of Certain Terms orAdjectives: 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: 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, Supply: 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. Common Construction Terms: 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 12 of 68 ARTICLE 2 -- PRELIMINARY MATTERS 2.1 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. 2.2 Starting the Work Design -Builder shall begin compensable performance of the design portion of the Work on the date when the Contract Time commences to run. No construction Work shall be done at the Site prior to the date on which the City approves the design of the Work, unless upon request of the Design- Builder and permission is specifically granted by the City. 23 Before Starting Construction, Baseline Schedules Design -Builder shall submit to City its schedule in accordance with the Contract Documents, and prior to starting the Work. No progress payment shall be made to Design -Builder until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. 2.4 Preconstruction Conference Before any Work at the Site is started, the Design -Builder shall attend a Preconstruction Conference as specified in the Contract Documents. 2.5 Public Meeting Design -Builder may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. CITY OF FORT WORTH STANDARD GFNFRAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 20I9 Page 13 of 68 ARTICLE 3 —CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.1 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 b e 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 section. The D e s i g n- B u i l d e r o r 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 D e s i g n- B u i l d e r o r 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. 3.2 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 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 the Effective Date of the Agreement 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, Design -Builder, 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 CITY OF FORT WOR'I'iI STANDARD GENERAL, CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 14 of 68 to City or any of their 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. 3.3 Reporting and Resolving Discrepancies A. Reporting Discrepancies: 1. D e s i g n- B u i l d e is a nd Contractor's Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, D e s i g n- B u i l d e r a n d Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. D e s i g n- B u i l d e r shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which D e s i g n- B u i l d e r discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification from City before proceeding with any Work affected thereby. 2. D e s i g n- Bu i t de r 's o r Contractor's Review of Contract Documents During Performance of Work: If, during the performance of the Work, D e s i g n- B u i l d e r o r 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 D e sign - B u i 1 der shall promptly report it to City in writing. Des i g n - B u i 1 der shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. D e s i g n - B u i I d e r shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless D e s i g n- B u i I d e r had actual knowledge thereof. B. Resolving Discrepancies: 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. 3.4 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN BUILD PROJECTS Jaly 2019 Page 15 of 68 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 GMP or Contract Time, may be authorized, by one or more of the followingways: 1. A Field Order; 2. City's review of a Submittal (subject to the provisions of Paragraph 6.17.C); or 3. City's written interpretation or clarification. 3.5 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. B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Agreement. Nothing herein shall preclude Design -Builder from retaining copies of the Contract Documents for record purposes. 3.6 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Design -Builder 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 f i 1 e s 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. CITY OF FORT WORTH STANDARD GENERAL, CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 16 of 68 ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.1 Availability of Lands A. City shall fiuiish the Site. City shall notify Design -Builder of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Design -Builder 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 Design -Builder 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. Any outstanding removal or relocation of utilities is anticipated in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Design -Builder in accordance with the Contract Documents must consider any outstanding utilities to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Design -Builder with a current statement of record legal title and legal description of the lands upon which the Work is to be performed or as - built and/or record drawings of any existing structures at the Site. C. Design -Builder shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.2 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 Design -Builder on Technical Data Authorized: Design -Builder 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. Design -Builder 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 Design -Builder's purposes, including, but CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS kdy2D19 Page 17 of 68 not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Design -Builder, 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 Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information.. . 4.3 Differing Subsurface or Physical Conditions A. Notice: If Design -Builder believes that any subsurface or physical condition that is uncovered or revealedeither: 1. is of such a nature as to establish that any "technical data" on which Design -Builder 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; then Design -Builder 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.I6.A), notify City in writing about such condition. B. Possible Price and Time Adjustments Design -Builder shall be entitled to an adjustment in the GMP or Contract Time if: 1. Design -Builder did not know of the existence of such conditions at the time Design -Builder made a final commitment to City with respect to GMP and Contract Time ; or 2. the existence of such condition could not reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Design -Builder gave the written notice as required by Paragraph4.03.A. 4.4 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 U n d e r g r o u n d Facilities, including City, or by others. Unless it is otherwise expressly provided in the CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2Q19 Page 18 of 68 Supplementary Conditions: 1. City, Design -Builder 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 GMP, and Design -Builder shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the ContractDocuments; 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. 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, Design -Builder shall, promptly after becoming aware thereof and before furthcr disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.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. Design - Builder 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. 4.5 Reference Points A. Design -Builder shall provide engineering surveys to establish reference points for construction, which are necessary to enable Design -Builder to proceed with the Work. Design -Builder 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. Design -Builder shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Design -Builder shall report to City whenever any reference CITY OF PORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN BUILD PROJECTS July 2019 Page 19 of 68 point or property monument requires relocation because of necessary changes in grades or locations. Design -Builder shall be responsible for the replacement or relocation of reference points or property monuments destroyed by the Design -Builder or Contractor. 4.6 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 Design -Builder on Technical Data Authorized: Design -Builder 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. Design -Builder may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: t. the completeness of such reports and drawings for Design -Builder's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Design -Builder 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 Design -Builder interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Design -Builder 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. Design -Builder shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Design -Builder, Contractor, Subcontractors, Suppliers, or anyone else for whom Design -Builder is responsible. D. If Design -Builder encounters a Hazardous Environmental Condition or if Design -Builder or anyone for whom Design -Builder is responsible creates a Hazardous Environmental Condition, Design -Builder 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 6.16.A); and (iii) verbally 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. When the Hazardous Environmental Condition has been rendered harmless by the City's separate remediation contractor, the work in the affected area shall resume upon written agreement of the City and Design -Builder. For such Hazardous Environmental Conditions that Design -Builder encounters that are not within Design -Builder's scope of work, the Contract Time shall be extended appropriately and the Contract Price shall be increased in the amount of Contractor's reasonable CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 20 of 68 costs of shut -down, delay and start-up, by Change Order. E. Design -Builder shall not be required to commence or resume Work in connection with such condition or in any affected area as described in Paragraph 4.06 C. or D. until after City has obtained any required permits related thereto and delivered written notice to Design -Builder: (i) specifying that such condition and any affected area is or has been rendered suitable for the commencement or resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Design -Builder 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 orothers. G. To the fullest extent permitted by Laws and Regulations, Design Builder 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 Design Builder or by anyone for whom Design - Builder is responsible. Nothing in this Paragraph shall obligate Design Builder 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. ARTICLE 5 -- INDEMNITY, BONDS AND INSURANCE 5.1 Indemniji-cation — DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY ASSUME LIABILITY, INDEMNIFY, HOLD HARMLESS AND DEFEND, AT THEIR OWN EXPENSE, CITY — THEIR OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BYANY ACT, OMISSION OR NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEESOR INVITEES OF CITY. DESIGN- BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD CITY HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF CITY ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK TO BE PERFORMED UNDER THE AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF CITY'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, LICENSEES OR CITY OF FORT WORT14 STANDARD GENERAL CONDITIONS FOR DESIGN-BUMD PROJECTS Page 21 of 68 July 2019 INVITEES THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN -BUILDER TO INDEMNIFY THE CITY FOR SOLE OR CONCURRENT NEGLIGENCE. 5.2 Bonds All bonds and insurance required by the Contract Documents to be purchased and maintained by Design -Builder 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. Performance and Payment Bonds A. If a fixed contract amount or GMP has not been determined at the time the Agreement is awarded, the penal sums of the performance and payment bonds must each be in an amount equal to the construction budget. B. The Design -Builder shall, not later than the tenth day after the Design -Builder executes the Agreement, deliver to the City payment and performance bonds or a bid bond or other financial security acceptable to City to ensure that the Design -Builder will furnish the payment and performance bonds prior to commencement of the construction Work. No payment or performance bond is required for the design portion of the Agreement. The payment and performance bonds shall each be on a form acceptable to the City and in compliance with Texas Government Code Chapter 2253 and be in the name of the City. C. All payment and performance bonds issued shall be provided by a surety in accordance with Texas Gov't Code 2253. No sureties will be accepted by the City that are at the time of issuance in default or delinquent on any bonds or which are interested in any litigation against the City. Should any surety on the contract be determined unsatisfactory at any time by the City, notice will be given to the Design -Builder to that effect and the Design -Builder shall immediately provide a new surety and bonds satisfactory to the City. 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 Design -Builder is declared bankrupt or becomes insolvent or their right to do business in the State of Texas is terminated or it ceases to meet the requirements of Paragraph 5.02.1), Design -Builder 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 and5.02.D. CITY OF FORT WORTH STANDARD] GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 22 of 68 5.3 Certificates oflnsurance Design -Builder 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 Design -Builder 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 liabilitypolicies. 2. The Design -Builder'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 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 Design -Builder'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 Agreement 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 23 of 68 are approved in writing by the City. In the event the City desires additional insurance coverage, and the City desires the Design -Builder 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 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverages 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 Agreement by amendment. 12. City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto. 13. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.4 Categories of Insurance A. Workers Compensation and Employers' Liability. Design -Builder 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 Design -Builder's performance of the Work and Design -Builder's other obligations under the Contract Documents, whether it is to be performed by Design -Builder, 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 for: 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 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 CITY OF FORT WORTI I STANDARD GENERAL CONDITIONS FOR DFSIGN-BUILD PROJECTS July 2019 Page 24 of 68 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 Design -Builder 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 Design -Builder, 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. Notification of Policy Cancellation: Design -Builder shall immediately notify City upon cancellation or other loss of insurance coverage. Design -Builder shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant to this section. 5.5 Insurance Requirements A. Design Services: 1. Design -Builder shall not commence work under this Agreement until it has obtained all insurance required as specified herein and the City has approved such insurance. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policylimit $100,000 disease - each employee 2. Additional Insurance Requirements a. Except for employer's liability insurance coverage under Design -Builder's worker's compensation insurance policy, the City, their officers, employees and servants shall be endorsed as an additional insured on Design -Builder's insurance policies. b. Certificates of insurance shall be delivered to the City's Project Manager at the address specified prior to commencement of Work. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 25 of 68 c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d. Each insurance policy shall be endorsed to provide the City a minimum thirty days' notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days' notice shall be acceptable in the event of non-payment of premium. e. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. f. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. Design -Builder's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. i. In the course of the Agreement, Design -Builder shall report, in a timely manner, to City's Project Manager any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. j. Design -Builder's liability shall not be limited to the specified amounts of insurance required herein. B. Construction Phase: The limits of liability for the required insurance shall provide the following coverages fornot less than the following amounts or greater where required by laws and regulations: Workers' Compensation: Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit Commercial General Liability: Commercial General Liability shall be on a per project basis covering the Design -Builder with minimum limits of: $1,000,000 each occurrence $2,000,000 aggregate limit The policy must have an endorsement (Amendment — Aggregate Limits of Insurance) making the General Aggregate Limits apply separately to each job site or each work package, if more than one. MY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 26 of 68 The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. Verification of such coverage must be shown in the Remarks Article ofthe Certificate of Insurance. Automobile Liability: A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned and shall be in an amount not less than the following amounts: $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at Least: $250,000 Bodily Injury per person / $500,000 Bodily Injury per accident / $100,000 Property Damage 5.6 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 Design -Builder in accordance with this Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Design - Builder in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Design -Builder shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Design -Builder does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Design - Builder 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 — DESIGN -BUILDER'S RESPONSIBILITIES 6.1 Supervision and Superintendence A. Design -Builder 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. Design -Builder shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. Design -Builder shall be responsible for the proper performance of the Work, including all work performed by their subcontractors, and any acts and omissions in connection with such performance. B. At all times during the progress of the Work, Design -Builder or their Contractor shall assign a competent, English- speaking, Superintendent who shall not be replaced without written notice to City. The Superintendent will be Design -Builder's representative at the Site and shall have authority to act on behalf of Design -Builder. All communication given to or received from the Superintendent shall be binding on Design -Builder or their Contractor. C. Design -Builder shall notify the City 72 hours prior to moving on site for the commencement of CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 27 of 68 construction Work. 6.2 Labor; Working Hours A. Design -Builder shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Design -Builder 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. Design -Builder 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: 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. 6.3 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Design -Builder 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, 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, Design -Builder shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. 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. Design - Builder shall collect written warranties as defined in the contract documents from manufacturers, as well as all equipment manuals, and deliver them to the City for the City's use. To the extent that products, equipment, systems or materials incorporated into the Work are covered by a warranty from the manufacturer of such products, equipment, systems or material in excess of one year, the City's remedy to correct the defective products, equipment, systems, or materials after the one-year period shall be exclusively against the warranty of the manufacturer. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Ju[y2019 Page 28 of 68 D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of the Agreement, unless otherwise specified. 6.4 Project Schedule A. Design --Builder agrees to timely commence construction to substantially complete the Work within the Contract Time. Design -Builder shall provide all necessary construction labor, materials, tools, equipment,, as well as all construction supervision, inspection, and temporary utilities as required to complete the Work pursuant to the Construction Documents and shall adhere to the Project Schedule established in accordance with Paragraph 2.04 and the General Requirements as it may be adjusted from time to time as provided below. 1. Design -Builder shall submit to City for acceptance (to the extent indicated in Paragraph 2.04 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. Design -Builder shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Agreement in accordance with the schedule specification 01 3216. 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. 6.5 Concerning Subcontractors, Suppliers, and Others A. Business Diversity Enterprise Ordinance Compliance: It is a City requirement to ensure the full and equitable participation by Minority and Small Business Enterprises (MBE) (SBE) in the procurement of goods and services pursuant to the Business Diversity Enterprise Ordinance. If the Contract Documents provide for an MBE and/or SBE goal, Design -Builder is required to comply with the City's Business Diversity Ordinance by doing the following: 1. Design -Builder shall provide complete and accurate information regarding actual work performed by an MBE and/or SBE on the Contract and payment therefor. 2. Design -Builder's failure to make payments as provided by state law shall, in addition to any other remedies provided by law, authorize City to withhold future payments and/or reject future bids from the CMAR or Contractor until compliance with the Business Diversity Enterprise Ordinance is attained. 3. Design -Builder will not make additions, deletions, or substitutions of accepted MBE/SBE firms without written consent of the City. Any unjustified change or deletion shall be a material breach of the Agreement and may result in disciplinary action in accordance with the procedures outlined in the Business Diversity Enterprise Ordinance. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN BUILD PROJECTS July 2019 Page 29 of 68 4. Design -Builder shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Design -Builder that will substantiate the actual work performed by an MBE and/or SBE. Material misrepresentation of any nature may be grounds for termination of the Agreement in accordance with Paragraph 15.02.A. Any such misrepresentation may subject Design -Builder to disciplinary action in accordance with the procedures outlined in the Business Diversity Enterprise Ordinance. B. Design -Builder shall be fully responsible to City for all acts and omissions of the Contractor, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Design -Builder is responsible for Design -Builder's own acts and omissions. Nothing in the Contract Documents shall: 1. create for the benefit of any such Contractor, Subcontractor, Supplier, or other individual or entity, any contractual relationship between City and any such Contractor, Subcontractor, Supplier or other individual or entity; nor 2. create any obligation on the part of City to pay or to see to the payment of any moneys due any such Contractor, Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. C. Design -Builder shall be solely responsible for scheduling and coordinating the Work of Contractor, Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Design -Builder. D. All Contractor(s), Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall communicate with City through Design -Builder. E. All Work performed for Design -Builder by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Design -Builder 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. 6.6 Wage Rates A. Duty to pay Prevailing Wage Rates. The Design -Builder 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. Design -Builder, 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 administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN-I3LUD PROJECTS July 2019 Page 30 of 69 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 Design - Builder, Contractor or Subcontractor and any affected worker of the initial determination. Upon the City's determination that there is good cause to believe the Design -Builder, 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. 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 (Civil Practice and Remedies Code Chapter 171 et seq.) if the Design -Builder, Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes an 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 Design -Builder, 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 Design -Builder, Contractor or Subcontractor in the construction of the Work provided for in this Agreement; 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 more frequent, the Design -Builder shall submit an affidavit stating that the Design -Builder has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Design -Builder shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. A Contractor shall include in their subcontracts and/or shall otherwise require all of their Subcontractors to comply with Paragraphs A through G above. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 31 of 68 6.7 Patent Fees and Royalties A. Design -Builder 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, the 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 their 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 the incorporation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.8 Permits and Utilities A. Design -Builder obtained permits and licenses. Design -Builder shall obtain all Permits, Licenses, Certificates, and Inspections, whether permanent or temporary, required by law or these Contract Documents. The City of Fort Worth Building and Trade Permit fees are waived. Separate permits may be required for each work location. If the Design -Builder allows any permit to expire, he shall be responsible for all renewals including any associated fees. Design -Builder shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.13. City shall pay all charges of utility owners for connections providing permanent service to the Work. B. City obtainedpermits and licenses. City will obtain and pay for all permits and licenses as provided for below, in the Supplementary Conditions, or Contract Documents. It will be the Design - Builder's responsibility to carry out the provisions of the permit. If the Design -Builder initiates changes to the Work beyond the scope of any City -acquired permit, 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 additional 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILT] PROJECTS July 2019 Page 32 of 68 4. Railroad Company Permits 6.9 Laws and Regulations A. Design -Builder 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 Design - Builder's compliance with any Laws or Regulations. B. If Design -Builder performs any Work knowing that it is contrary to Laws or Regulations, Design - Builder 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 court, arbitration, or other dispute resolution costs) arising out of or relating to such Work. C. Changes in Laws or Regulations not known at the time of the execution of the Agreement 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. 6.10 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 Design -Builder may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to their 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 Design -Builder in lieu of the tax shall be subject to and shall c o in I y 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 maybe obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxinfo/taxfonns/93-fonns.html 6.11 Use of Site and OtherAreas A. Limitation on Use of Site and OtherAreas: 1. Design -Builder 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. Design -Builder shall assume fiall responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 33 of 68 resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Design -Builder 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 Design -Builder to finish the section on which operations are in progress before work is commenced on any additional area of the Site. 3. Should any Damage Claim be made by any such owner or occupant because of the performance of the Work, Design -Builder shall promptly attempt to resolve the Damage Claim. 4. Pursuant to Paragraph 5.01, Design -Builder 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 Design - Builder 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 Design-Builderthat the clean. -up on the job site is proceeding in a manner unsatisfactory to the City, and if the Design -Builder 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 Design- Builder 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 Design - Builder. D. Final Site Cleaning: Prior to Final Acceptance of the Work, Design -Builder shall clean the Site and the Work and make it ready for utilization by City or any affected adjacent property owner. At the completion of the Work, Design -Builder 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: Design -Builder shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Design -Builder subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.12 Record Documents A. Design -Builder shall maintain in a safe place at the Site or in a place designated by the Design - Builder 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 CITY OF FORT'WOWrH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 34 of 58 maintenance manuals and Submittals will be delivered to City prior to Final Inspection. Design - Builder shall include accurate locations for buried and imbedded items. The Design -Builder will prepare, and provide to the Owner, one complete set of reproducible record drawings of the Work in electronic format, PDF and AutoCAD 2012. 6.13 Safety and Protection A. Design -Builder shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve a Contractor or Subcontractor(s) 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. Design -Builder shall 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 of the Work. B. Design -Builder 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. Design -Builder shall notify owners of adjacent property and owners 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. Design -Builder shall comply with the applicable requirements of City's safety programs, if any. D. Design -Builder shall inform City of the specific requirements of Design -Builder'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 6.13.A.2 or 6.13.A.3 caused, in whole or in part, by Design -Builder, Contractor, any ,Subcontractor, Supplier, or any other individual or entity 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 Design -Builder. F. Design -Builder'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. 6.14 Safety Representative A. Design -Builder shall inform City in writing of Design -Builder's designated safety representative at the Site. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 35 of68 6.15 Hazard Communication Programs Design -Builder 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. 6.16 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, Design -Builder is obligated to act to prevent threatened damage, injury, or loss. Design -Builder shall give City prompt written notice if Design -Builder believes that any significant 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 Design -Builder in response to such an emergency, a Change Order may be issued. B. Should the Design -Builder 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 Design -Builder written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Design -Builder to take remedial action to correct the condition. In the event the Design -Builder does not take positive steps to fulfill this written request, or does not show just cause for not taking theproper 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 Design -Builder on the Project. 6.17 Submittals and Samples A. Design -Builder shall submit required Submittals and Samples to City for review and acceptance. Each Submittal or Sample shall be uniquely identified. 1. Submit three copies of any Submittal unless otherwise specified in the Supplemental Conditions. 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 Design -Builder proposes to provide and to enable City to review the information for the limited purposes required by Paragraph 6.17.C. 3. Submittals submitted as herein provided by Design -Builder 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 Design -Builder from requirements shown on the Drawings and Specifications. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DL-;SIGN-BUILD PROJECTS July 2019 Page 36 of 68 5. For -Information -Only Submittals upon which the City is not expected to conduct review or take responsive action shall be so identified. 6. Submit required number of Samples as specified in the Supplemental Conditions. 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 6.17. C. 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 ofDesign-Builder. C. City's Review: 1. City will provide timely review of Submittals. 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. 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. 6.18 Continuing the Work Except as otherwise provided, Design -Builder shall carry 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 Design -Builder may otherwise agree in writing. 6.19 Design -Builder's General Warranty and Guarantee A. Design -Builder warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective. City and their officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 37 of 68 Design -Builder's warranty and guarantee. B. Design -Builder's warranty and guarantee hereunder excludes defects or damage caused by: abuse, modification, or improper maintenance or operation by persons other than Design - Builder, Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Design -Builder is responsible; or 2. normal wear and tear under normal usage. C. Design -Builder'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 nor act as a release of Design -Builder'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 Substantial Completion or 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 byCity. D. The Design -Builder shall remedy any defects or damages in the Work that was not performed in accordance with the Contract Documents, 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 Substantial Completion of the Work and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.C. The City will give notice of observed defects with reasonable promptness. 6.20 Professional Design Services A. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by Design -Builder's design professionals. D. Pursuant to this Paragraph 6.20, City's review, if any, 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 CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 38 of68 the purpose stated in Paragraph 6.17.C. 6.21 Right to Audit A. The Design -Builder agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of the Design -Builder involving transactions relating to this Agreement, except that any lump sum amounts or agreed -upon rates shall not be subject to audit. Design -Builder agrees that the City shall have access during Regular Working Hours to all necessary Design -Builder 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 Design -Builder reasonable advance notice of intended audits. B. Design -Builder further agrees to include in all their subcontracts hereunder a provision to the effect that the Contractor or Subcontractor(s) agree that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Contractor or Subcontractor, involving transactions to the subcontract (except that any lump sum amounts or agreed -upon rates shall not be subject to audit), and further, that City shall have access during Regular Working Hours to all Contractor or 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 Contractor or Subcontractor reasonable advance notice of intended audits. C. Design -Builder, Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Design -Builder, Contractor or Subcontractor for the cost of the copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.22 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 (the Act') as amended- Design -Builder 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 THESITE 7.1 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 CITY OF FORT WORTH STANDARD GENERAL. CONDrf IONS FOR DESIGN -BUILD PROJECTS July 2019 Page 40 of 68 utility owners; and such other contractors shall be responsible for procuring their own property, liability or workers compensation insurance, and Design -Builder shall be named as primary additional insured on such policies (except workers compensation), and such policies shall include a waiver of subrogation in favor of Design -Builder. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Design -Builder prior to starting any such otherwork. B. Design -Builder 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. Design -Builder shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make several parts come together and properly integrate with such other work. Design -Builder shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Design -Builder 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 Design -Builder's Work depends upon work performed by others under this Article 7, Design -Builder 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 Design -Builder's Work. Design -Builder's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Design -Builder's Work except for latent defects in the work provided by others. 7.2 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: 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 8.1 Communications to Design -Builder City shall issue all communications to Design -Builder. CITY OF FORT WOWITI STANDARD GENFRl1.L CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 41 of 68 8.2 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.3 Pay When Due City shall make payments to Design -Builder in accordance with Article 14. 8.4 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.5 Inspections, Tests, andApprovals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13.03. 8.6 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Design -Builder's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Design -Builder to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Design -Builder's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Design -Builder of any applicable City safety plans pursuant to Paragraph 6.14. 8.7 Undisclosed Hazardous Environmental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. ARTICLE 9 — CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.1 City's Project Representative City will provide one or more Project Representative(s) for the duration of the Project. The duties and responsibilities and the limitations of authority of City's Project Representative during each phase of the Work are set forth in the Contract Documents. 9.2 Visits to Site A. City's Project Representative 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 on the various aspects of the Work. Based on information obtained during such visits and observations, City's Project Representative will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Representative will not be required to CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Ady2019 Page 42 of 68 make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Representative'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 Representative's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.05. 9.3 Authorized Variations in Work City's Project Representative may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the GMP 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 Design -Builder, who shall perform the Work involvedpromptly. 9.4 Rejecting Defective Work City will have authority to reject Work which City's Project Representative, in conjunction with input from City inspectors, 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, orcompleted. ARTICLE 10 — CHANGES IN THE WORK; CLAIMS; EXTRA WORK WA Authorized Changes in the Work A. Without invalidating the Agreement 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, Design -Builder 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 theCity. 10.2 Unauthorized Changes in the Work Design -Builder 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 Paragraph6.16. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 43 of 69 10.3 Execution of Change Orders A. City and Design -Builder shall execute appropriate Change Orders covering: 1. changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.0l .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. 10.4 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 performance, the Design -Builder 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 Design -Builder 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 Design -Builder 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. 10.5 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 Design -Builder's responsibility. The amount of each applicable bond will be adjusted by the Design -Builder to reflect the effect of any suchchange. 10.6 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 Design -Builder of any rights or remedies it may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 44 of 68 B. Notice: 1. Written notice stating the general nature of each Contract Claim shall be delivered by the Design -Builder 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 Design -Builder 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 Design -Builder's written statement that the adjustment claimed is the entire adjustment to which the Design -Builder believes it is entitled as a result of said event. C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Design -Builder, 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 Design -Builder 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 adenial. D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Design - Builder 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 11.1 Cost of the Work A. Costs Included., The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.0I.B, necessarily incurred and paid by Design -Builder in the proper performance CITY OF FORT WORTH STANDARD GENERAL, CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 45 of 68 of the Work. When the value of any Work is covered by a Change Order, the costs to be reimbursed to Design -Builder will be only those additional or incremental costs required because of the change in the Work. Such Cost of the Work shall not include any of the costs itemized in Paragraph 11.01.B, but shall include, but not be limited to, the following items: 1. Payroll costs for employees in the direct employ of Design -Builder in the performance o f the Work under schedules of job classifications agreed upon by City and Design -Builder. 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, W e e k e n d Working Hours, or Iegal 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. All cash discounts shall accrue to Design -Builder. All trade discounts, rebates, and refunds or returns from sale of surplus materials and equipment shall accrue to City and Design -Builder shall make provisions so that they may be obtained. Costs of materials described in this paragraph in excess of those actually installed but required to provide reasonable allowance for waste and for spoilage. Unused excess materials, if any, shall be provided to the City at the completion of the Work or, at the City's option, shall be sold by the Design -Builder or returned to the supplier; amounts realized, if any, from such sales or returns shall be credited to the City as a deduction from the Cost of the Work. 3. Rentals of all construction equipment and machinery, and the parts thereof, whether rented from Design -Builder 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. 4. Payments made by Design -Builder to their Contractor or Subcontractors for Work performed by Contractor or Subcontractors. 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 by the Design -Builder. a. Full rental cost for rented, leased, and/or owned equipment shall not exceed the rates listed in the Rental Rate Blue Book published by Equipment Watch, a unit of Penton CITY OF FORT WORTII STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 46 of 68 Media, Inc. (`Blue Book"), as adjusted to the regional area of the Project. The most recent published edition in effect at the commencement of the actual equipment use shall be used. b. Rates shall apply to equipment in good working condition. Equipment not in good condition, or larger than required, may be rejected by City's Project Representative or City's engineer or accepted at reduced rates. c. Equipment in Use: Actual equipment use time documented by the Engineer shall be the basis that the equipment was on and utilized at the Project site. In addition to the leasing rate above, equipment operational costs shall be paid at the estimated operating cost, payment category (and the table below), and associated rate set forth in the Blue Book if not already included in the lease rate. The hours of operation shall be based upon actual equipment usage to the nearest full hour, as recorded by the Engineer. Blue Book Payment Actual Usage Category Less than Shours Hourly Rate S or more hours but less than Daily Rate 7 days 7 or more days but less than Weekly Rate 3 0 days 30 days or more Monthly Rate d. Equipment when idle (Standby): Idle or standby equipment is equipment on -site or in transit to and from the Work site and necessary to perform the Work under the modification but not in actual use. Idle equipment time, as documented by the Engineer, shall be paid at the leasing rate determined in Paragraph 11.0l.A.4.c. excluding operational costs. e. Where a breakdown occurs on any piece of equipment, payment shall cease for that equipment and any other equipment idled by the breakdown. If any part of the Work is shut down by the City, standby time will be paid during non -operating work hours if diversion of equipment to other Work is not practicable. Project Representative reserves the right to cease standby time payment when an extended shutdown is anticipated. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed by Design -Builder for services specifically related to the Work. CITY OF FORT WOR'I'II STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 20I9 Page 47 of 68 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Design -Builder's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, dismantling and removal 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 Design -Builder. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Design - Builder is liable not covered under Paragraph 6.10, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Design -Builder, 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 any of the Work that has been completed and accepted by the City, not compensated by insurance o r otherwise, sustained by Design -Builder in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Design - Builder, 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 Design -Builder's fee. If, however, any such loss or damage to the Work that has been accepted by Owner requires reconstruction and Design -Builder is placed in charge thereof, Design -Builder shall be paid for services, a fee proportionate to that stated in Paragraph 12.01. f. The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as long distance telephone calls, telephone, facsimile transmissions and communication services at the Site, reproduction costs, progress photography costs, costs of general office and similar supplies, postage, express delivery and courier services, and similar petty cash items in connection with the Work. h. The costs of premiums for all bonds Design -Builder is required by the Contract Documents to purchase and maintain; the cost of all subcontractor bonds and/or an agreed -upon rate for subcontractor default insurance; and insurance at an agreed -upon rate. i. Costs of removal of debris from the site. That portion of the reasonable travel and subsistence expenses of the Design -Builder's personnel incurred while traveling in discharge of duties connected with the Work in CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 48 of 68 accordance with the Design -Builder's written policies for personnel at or below the level of Project Superintendent. k. Company owned trucks, trailers and equipment while directly engaged in performance of Work for this Project, excluding the purchase of new vehicles by Design -Builder or subcontractors for this Project. 1. Deductibles and self -insured retention amounts associated with insurance. In. Fees and assessments for the building permit and for other permits, licenses and inspections for which the Design -Builder is required by the Contract Documents to pay. n. Fees of testing laboratories for tests required by the Contract Documents, except those related to nonconforming Work other than that for which payment is permitted by Paragraph t below. o. Royalties and license fees paid for the use of a particular design, process or product required by the Contract Documents; the cost of defending suits or claims for infringement of patent or other intellectual property rights arising from such requirement by the Contract Documents and payments made in accordance with legal judgments or settlements against the Design -Builder resulting from such suits or claims, such payments made only with the City's consent; provided, however, that such costs of legal defenses, judgments and settlements shall not be included in the calculation of the Contractor's Fee or the Guaranteed Maximum Price and provided that such royalties, fees and costs are not excluded by provisions of the Contract Documents. p. Legal, mediation and arbitration costs, other than those arising from disputes between the City and Design -Builder or reasonably incurred by the Design -Builder in the performance of the Work, except where covered under any indemnity by Design -Builder and only with the City's written permission. q. Reasonable expenses incurred in accordance with the Design -Builder's standard personnel policy for relocation and temporary living allowances of personnel required for the Work, in case it is necessary to relocate such personnel, for personnel below the level of Project Superintendent. r. Reasonable costs incurred by the Design -Builder in taking action to prevent threatened damage, injury or loss in case of an emergency affecting the safety of persons or property. s. Costs incurred by the Design -Builder in repairing or correcting damaged or nonconforming Work performed by the Design -Builder, Contractor or their Subcontractors or suppliers, provided that such damaged or nonconforming Work was not caused by the negligence or failure of the Design -Builder or the Design -Builder's employees, including supervisory, administrative or managerial personnel, to perform in accordance with the Contract Documents or by the failure of the Design -Builder's personnel to supervise CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 49 of 68 adequately the Work of the subcontractors or suppliers, and only to the extent that the cost of repair or correction is not recoverable by the Design -Builder from insurance, their Subcontractors or their suppliers. t. Other costs incurred by the Design -Builder in performance of the Work if and to the extent approved in advance in writing by the City. u. Rental charges for temporary facilities, including site office trailer, office equipment, temporary facilities, temporary utilities, dumpsters and toilets. v. Mobilization and demobilization cost associated with Project. w. Project specific, on -site, safety inspection and related safety supplies and costs. x. Project specific, on site, quality control inspection and quality assurance and control costs. B. Costs Excluded.- The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Design -Builder'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 Design -Builder, whether at the Site or in Design -Builder'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 11.01.A.1 or specifically covered by Paragraph 11.01.AA, all of which are to be considered administrative costs covered by the Design -Builder's fee. 2. Expenses of Design -Builder's principal and branch offices other than Design -Builder's office at the Site. 3. Any part of Design -Builder's capital expenses, including interest on Design -Builder's capital employed for the Work and charges against Design -Builder for delinquent payments. 4. Costs due primarily to the negligence of Design -Builder, 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 and the costs of any item not specifically and expressly included in Paragraphs 11.01.A. 6. The Design -Builder's capital expenses, including interest on the Design -Builder's capital employed for the Work. 7. Rental costs of machinery and equipment, except as specifically provided in Paragraph 11.0I.A.3. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 50 of68 8. Liquidated damages assessed the Design -Builder by the City. 9. Data processing and software costs related to the Work. 10. Company owned, leased or rented trucks for personal use of those persons listed in Paragraph 11.01.B.1 above. 11. That portion of the reasonable travel and subsistence expenses of the Design -Builder's personnel incurred while traveling in discharge of duties connected with the Work in accordance with the Contractor's written policies for personnel identified in Paragraph 11.0I.B.I above. C. Design -Builder's Fee: Design -Builder'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, Design -Builder's fee shall be determined as set forth in Paragraph 12.01. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuantto Paragraphs 11.01.A and 11.0LB, Design -Builder 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. E. For all subcontracts, the Design -Builder shall ensure compliance with Texas law. F. Discounts, Rebates and Refunds: Cash discounts obtained on payments made by the Design- Builder shall accrue to the City if (1) before making the payment, the Design -Builder included them in an Application for Payment and received payment therefore from the City or (2) the City has deposited funds with the Design -Builder with which to make payments; otherwise, cash discounts shall accrue to the Design -Builder. Trade discounts, rebates, refunds and amounts received from sales of surplus materials and equipment shall accrue to the City, and the Design- Builder shall make provisions so that they can be secured. Amounts which accrue to the City in accordance with the provisions of this paragraph shall be credited to the City as a deduction from the Cost of the Work. G Accounting Records: The Design -Builder shall keep full and detailed accounts and exercise such controls as may be necessary for proper financial management under the Contract Documents; the accounting and control systems shall be satisfactory to the City. 11.2 Allowances/Contingency A. Specified Allowances or Contingency Amounts: Design -Builder may include in the GMP allowances or contingency amounts as may be acceptable to City. Specific allowance or contingency amounts will be negotiated and memorialized in the Agreement. B. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowance or contingency funds, if provided for in the Agreement, and the Contract Price shall be correspondingly adjusted. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 51 of 68 ARTICLE 12 — DESIGN -BUILDER'S FEE, CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME, DELAYS 12.1 Design -Builder's Fee The Design -Builder's Fee shall be as negotiated and memorialized in the Agreement. 12.2 Change of GMP A. The GMP 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; 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 plus Design -Builder's Fee, 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 12.02.B.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus Design - Builder's Fee. 4. the amount of credit to be allowed by Design -Builder 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 corresponding deduction in Design -Builder's Fee. 12.3 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 a claimed delay unless the Extra Work or claimed delay is shown to be on the critical path of the Project Schedule or Design -Builder can show by critical path method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.4 Delays A. Where Design -Builder is reasonably delayed in the performance or completion of any part o f the Work due to delay beyond the control of Design -Builder, and that affected Work is within the Contract Time, 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 Design -Builder shall include, but not be limited to, acts or neglect by City or their consultants, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2DI9 Page 52 of 68 floods, epidemics, abnormal weather conditions, or acts of God. B. If Design -Builder is delayed, City shall not be liable to Design -Builder 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 Design -Builder on or in connection with any other project or anticipated project of Design -Builder. C. Design -Builder shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Design -Builder. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Design -Builder. D. The Design -Builder shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Design -Builder is caused by the acts or neglect of the City or their consultants, or utility owners or separate contractors, including w i t h o u t limitation the failure of the City to provide information or material, if any, which is to be furnished by the City. ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13.1 Notice of Defects Notice of all Defective Work of which City has actual knowledge will be given to Design -Builder. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.2 Access to Work City, independent testing laboratories, and governmental agencies with jurisdictional interests shall have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Design -Builder shall provide them proper and safe conditions for such access and advise them of Design -Builder's safety procedures and programs so that they may comply therewith as applicable. 13.3 Tests rind Inspections A. Design -Builder 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 require any of the Work (or part thereof) to be inspected, tested, or approved by City, City shall assume responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and receive 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN-BUL3_D PROJECTS July 2019 Page 53 of 68 C. Design -Builder shall be responsible for arranging and obtaining and shall pay all costs in connection with any additional 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 Design -Builder's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by firms acceptable to City. D. City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests for any part of the Work, as determined solely by City. 1. City will coordinate such testing 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 Design -Builder shall be responsible for paying for any and all retests. Design -Builder's cancellation without cause of City initiated testing shall be deemed a negative result and require a retest. 3. Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Design -Builder. City will forward all invoices for retests to Design -Builder. 4. If Design -Builder 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 Design -Builder without written concurrence of City, Design -Builder shall, upon request by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall be at Design -Builder's expense. G. Design -Builder shall have the right to make a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.4 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 Design -Builder's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Design -Builder, 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, Design -Builder shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 54 of 68 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 Design -Builder 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, Design -Builder shall be compensated for costs and/or time directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.5 City May Stop the Work If the Work is defective, or Design -Builder 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 Design -Builder 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 Design - Builder, any Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any ofthem. 13.6 Correction or Removal of Defective Work A. Promptly after receipt of written notice, Design -Builder 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. Design -Builder 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, Design -Builder shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.7 Correction Period A. If within two (2) years after the date of Substantial Completion, any Work is found to be defective, or if the repair of any damages to the land or areas made available for Design- Builder's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.09.A is found to be defective, Design -Builder shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2D19 Page 55 of 68 2. correct such Defective Work; or 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 Design -Builder 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 Design- Builder. C. In special circumstances where a particular item of equipment is placed in continuous service before Substantial Completion 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 six months after the end of the initial correction period. City shall provide 3 0 days written notice to D e s i g n -Builder should such additional warranty coverage be required. Design -Builder may dispute this requirement by filing a Contract Claim. 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. 13.8 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. Design -Builder 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 Design -Builder. 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. 13.9 City May Correct Defective Work A. If Design -Builder fails within a reasonable time after written notice from City to correct CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Judy 2019 Page 56 of 68 Defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.0 6.A, or if Design -Builder fails to perform the Work in accordance with the Contract Documents, or if Design -Builder fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Design -Builder, 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 Design- Builder from all or part of the Site, take possession of all or part of the Work and suspend Design -Builder'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 Design -Builder but which are stored elsewhere. Design -Builder 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 13.09. 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 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraphl3.09 will be charged against Design -Builder, 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. Design -Builder 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 DESIGN -BUILDER AND COMPLETION 14.1 Schedule of Values The Schedule of Values will serve as the basis for progress payments and will be incorporated into an Application for Payment acceptable to City. Progress payments on account of Unit Price Work will be based on the number of units completed. 14.2 Progress Payments A. Applications for Payments: 1. Design -Builder is responsible for providing all information as required to become a v e n d o r of the City. 2. Design -Builder shall submit to City for review an Application for Payment filled out and signed by Design -Builder covering the Work completed as of the date of the Application for Payment and accompanied by such supporting documentation as is required by the Contract Documents. The Design -Builder's Fee for overhead and profit shall be payable on a monthly basis, prorated as a percentage of the contract time expended. CITY OF FORT WORTI I STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS Juiy200 Page 57 of 68 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 Design -Builder, on behalf of 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, it and each subsequent Application for Payment shall include an affidavit from Design -Builder stating that previous progress payments received on account of the Work have been applied on account to discharge Design - Builder'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 Agreement. B. Review of Applications for Payment: 1. City will, within 34 days after receipt of each Application for Payment, either indicate in writing a recommendation of payment or return the Application for Payment to Design - Builder indicating reasons for refusing payment. In the latter case, Design -Builder may make the necessary corrections and resubmit the Application for Payment. 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, 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 Design - Builder to be paid additionally by City or entitle City to withhold payment to Design - Builder, or c. Design -Builder has complied with Laws and Regulations applicable to Design -Builder's CITY OF FORT WORTH STANDARD GENERAf. CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 58 of 68 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 Design -Builder or their subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications forpayment; 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 has actual knowledge of the occurrence of any of the events enumerated in Paragraph I5.02.A. C. C. Payment: 1. Design -Builder will be paid pursuant to the requirements of this Article 14 and payment of any undisputed portion of an Application for Payment will become due within 30 days ofthe receipt of the Application for Payment. 2. Upon failure by City to so pay, Design -Builder may suspend performance of Work (whichever phase), or in the event any Application for Payment remains unpaid for ninety days on the basis of non-performance on the part of the City, to terminate this Agreement. Interest at the rate of two percent per annum shall be payable on any amounts which are not in dispute but are unpaid by City after sixty days after receipt of an Application for Payment. When such progress payments are restored, unless terminated as provided for herein, Design -Builder shall resume providing all agreed -upon Services D. 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 Design -Builder 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 setoff 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 14.02.13.4.e or Paragraph 15.02.A. 2. If City refuses to make payment of the amount requested, City will give Design -Builder CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJLCTS Ju[y2019 Page 59 of 68 written notice stating the reasons for such action and pay Design -Builder any amount remaining after deduction of the amount so withheld. City shall pay Design -Builder the amount so withheld, or any adjustment thereto agreed to by City and Design -Builder, when Design - Builder remedies the reasons for such action. 14.3 Design -Builder's Warranty of Title Design -Builder 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. 14.4 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 the intended purpose without significant interference with Design -Builder's performance of the remainder of the Work. City at any time may notify Design -Builder in writing to permit City to use or occupy any such part of the Work which City and Design- Builder determine to be ready for the intended use, subject to the following conditions: 1. Design -Builder at any time may notify City in writing that Design -Builder considers any such part of the Work ready for the intended use. 2. Within a reasonable time after notification, City and Design --Builder shall make an inspection of that part of the Work to determine status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Design -Builder in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.5 Final Inspection A. Upon written notice from Design -Builder that the entire Work is complete in accordance with the Contract Documents City will: 1. within 10 days schedule a Final Inspection with Design -Builder; and 2. no later than 10 days thereafter, notify Contractor in writing of all particulars which the Final Inspection reveals that the Work is incomplete or defective. Design -Builder 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 Design -Builder between the date the written notice to the City is issued and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Design -Builder in writing of the reasons and Contract Time will resume. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS JUIy2019 Page 60 of 68 14.6 Final Acceptance Upon completion by Design -Builder, to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Design -Builder a letter of Final Acceptance. 14.7 Final Payment A. Application for Final Payment: Upon receipt of a letter of Final Acceptance, Design -Builder 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 accompaniedby: a. all documentation called for in the Contract Documents(except as previously delivered), including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to finalpayment; 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 any Liens filed in connection with the Work. B. Payment Becomes Due: After City's acceptance of the Application for Final Payment and accompanying documentation, and: a. after subtracting previous payments made; and b. after subtracting any sum(s) to which the City is entitled, including but not limited to liquidated damages; and c. after all Damage Claims have been resolved: i) directly by the Design -Builder; or ii) Design -Builder provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution; then d. Final Payment will become due andpayable. 2. The making of the final payment by the City shall not relieve the Design -Builder of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 61 of 68 14.8 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 Design -Builder's Application for Final Payment, and without terrninating the Agreement, 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 c o r r e c t e d is less than the retainage stipulated in Paragraph 14.02.A.5., 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 portion, of the Work fully completed and accepted shall be submitted by Design- Builder 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. The City may release a portion of the amount retained pursuant to Paragraph 14.02.A.5. Provided that all required Work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted by the City. An amount sufficient to ensure Final Completion will beretained. 14.9 Waiver of Claims The acceptance of final payment by Design -Builder will constitute a release of the City from all claims or liabilities under the Agreement 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 Agreement. ARTICLE 15 — SUSPENSION OF WORK AND TERMINATION 15.1 City May Suspend Work A. At any time and without cause, City may suspend the Work or any portion thereof by written notice to Design -Builder and which may fix the date on which Work will be resumed. Design - Builder 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 constructioncrews. B. Should the Design -Builder 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 Design -Builder, and should it be determined by mutual consent of the Design -Builder and City that a solution to allow construction to proceed is not available within a reasonable period of time, Design -Builder 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 Design -Builder 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 Design -Builder shall take every precaution to prevent damage or deterioration of the work performed; Design -Builder shall provide suitable drainage about the work, and erect temporary structures where necessary. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 62 of 69 D. Design -Builder maybe reimbursed for the cost of moving 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 Design -Builder 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. 15.2 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. Design -Builder'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, as adjusted from time to time; 2. Design Builder's failure to adhere to the City's Business Diversity Enterprise Ordinance; 3. Design Builder's disregard of Laws or Regulations of any public body having jurisdiction; 4. Design Builder's repeated disregard of the authority ofCity; 5. Design Builder's violation in any substantial way of any provisions of the Contract Documents; 6. Design Builder'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; 7. Substantial indication that the Design -Builder has made an unauthorized assignment of the Agreement or any funds due therefrom for the benefit of any creditor or for any other purpose; 8. Substantial evidence that the Design -Builder has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or 9. Design -Builder 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 Design -Builder and Surety to arrange a conference with Design -Builder and Surety to address Design -Builder's failure to perform the Work. The Conference shall be held not later than 15 days, after receipt of notice. If the City, Design -Builder, and Surety do not agree to allow the Design -Builder to proceed to perform under the Agreement, the City may, to the extent permitted by Laws and Regulations, declare Design -Builder in default and formally terminate the Design -Builder's right to complete the Agreement. Design -Builder's default shall not be declared earlier than CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 63 of 68 20 days after the Design -Builder and Surety have received notice of conference to address Design -Builder's failure to perform the Work. 2. If Design -Builder's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 calendar days after the date of written notice demanding Surety's performance of their obligations, then City, without process or action at law, may take over any portion of the Work. 3. If City completes the Work, City may exclude Design -Builder 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 Design -Builder or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. 4. Whether City or Surety completes the Work, Design -Builder shall not be entitled to receive any fiarther payment for Work satisfactorily completed prior to Termination until the Work is completely 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 City or Surety completing the Work, such excess will be paid to Design -Builder, with Surety approval, up to the amount withheld prior to Termination. Any excess shall be retained by City unless any completion or take over agreement between City and Surety require said money to be paid to Surety. If City completes the Work due to Surety's failure to so perform, and any claims, costs, losses and damages exceed the unpaid balance, Design -Builder or Surety 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. 5. Neither City, nor any of their respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Design -Builder 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. 6. City, notwithstanding the method used in completing the Agreement, shall not forfeit the right to recover damages from Design -Builder or Surety for Design -Builder's failure to timely complete the Work. Design -Builder shall not be entitled to any claim on account of the method used by City in completing the Work. 7. Maintenance of the Work shall continue to be Design -Builder 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. 8. Termination of Design -Builder for Cause shall nullify any financial incentives which may be contained in the Agreement. C. Notwithstanding Paragraphs 15.02.13, Design -Builder's services will not be terminated ifDesign- Builderbegins, within seven days of receipt of notice of intent to terminate, to correct t h e i r CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July2019 Page 64 of 68 failure to perform and proceeds diligently to cure such failure within not more than 3 0 days of receipt of said notice. D. Where Design -Builder's services have been so terminated by City, the termination will not affect any rights or remedies of City against Design -Builder then existing or which may thereafter accrue. Any retention or payment of moneys due Design -Builder by City will not release Design- Builder from liability. E. To the extent that Design -Builder has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond, if any, shall not supersede the provisions of this Article. 15.3 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Agreement. Any termination shall be effected by mailing a notice of the termination to the Design - Builder 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 for Convenience, and except as otherwise directed by the City, the Design -Builder shall: 1. Stop work under the Agreement 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 Agreement as is not terminated; terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice oftermination; 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 un-fabricated 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 Agreement had been completed, would have been required to be furnished to the City; CITY OF FORT WORTH STANDARD GENERAL, CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 65 of 68 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 the contract which is in the possession of the Design - Builder and in which the owner has or may acquire an interest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Design -Builder 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. 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 Design -Builder shall submit a termination claim to the City in the form and with the certification acceptable to the City. Unless a written extension request is made within such 60 day period by the Design -Builder, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Design -Builder shall be paid, without duplication of any items, for: 1. completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination; 2. direct 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; 3. reasonable expenses directly attributable to termination; and 4. overhead and profit in the form of a prorated amount of the Design -Builder's Fee, with such proportion being "the cost of the work completed to date" divided by "GMP minus the Design -Builder's Fee". G. In the event of the failure of the Design -Builder and City to agree upon the whole amount to be paid to the Design -Builder by reason of the termination of the Work under Paragraph 15.03, the City shall determine, on the basis of information available to it, the amount, if any, due to the Design -Builder by reason of the termination and shall pay to the Design -Builder the amounts determined. Design -Builder shall not be paid on account of loss of anticipated profits or revenue or other economic loss arising out of or resulting from suchtermination. ARTICLE 16 — DISPUTE RESOLUTION A. Either City or Design -Builder may request mediation of any Contract Claim submitted for a CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 66 of 69 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 Agreement. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Design -Builder 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 Design -Builder: 1. elects in writing to invoke any other dispute resolution process provided for inthe 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 17.1 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly givenif: I.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 electronically with a "read receipt verification" requested; or In the case of any notice of Claim or Termination, delivered or sent by registered or certified mail, postage prepaid, overnight delivery to the last business address known to the giver of thenotice. 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. 17.2 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. CITY OF FORT WORTH STANDARD GENERAL CONDITIONS FOR DESIGN -BUILD PROJECTS July 2019 Page 67 of 68 STANDARD FORM OF DESIGN -BUILD AGREEMENT BETWEEN OWNER AND DESIGN -BUILDER ON OPEN BOOK PRICE BASIS AGREEMENT made as of the 61h day of Auqust in the year of 2019, between the Design -Builder. Speed Fab -Crete 1150 East Kennedale Parkway Kennedale, Texas 76060 and the Owner: CITY OF FORT WORTH 200 Texas Street Fort Worth, TX 76102 For the services in connection with the following Project: Design and Construction of the new City of Fort Worth Police Department's SOUTH PATROL DIVISION, City Project # 101661. ARTICLE 1 - GENERAL PROVISIONS 1.1 Mutual Obligations. Design -Builder and Owner agree to fully cooperate with each other in providing to each other information available, and in facilitating the design and Construction Work within the scope of this Agreement Design -Builder agrees to provide the architectural and engineering services as set forth below, and to furnish construction and administration of the Construction Work. 1.2 Extent of Agreement. This agreement is solely and exclusively for the benefit of the Owner and the Design -Builder and not for the benefit of any third party. The Owner and the Design -Builder agree that there are no third -party beneficiaries and each agrees that the obligations in this Agreement are owed exclusively to the other party to the Agreement. The Parties agree that this Agreement represents the entire and integrated Agreement between the Owner and the Design -Builder, and supersedes all prior negotiations, representations or agreements, either written or oral. 1.3 Arch iteGt/Engineer. Licensed, independent design professionals retained by the Design -Builder in conformance with Chapter 2254, Texas Government Code or furnished by licensed employees of the Design -Builder shall provide architectural and engineering services required for the project. The person or entity providing architectural and engineering services shall be referred to as the Architect/Engineer. 1.4 Definitions. 1.4.1 The term "Agreement" shall mean this executed Standard Form of Design -Build Agreement between the Owner and the Design -Builder on Open Book Price Basis. 1.4.2 The term "Contract Documents" shall mean (i) this Agreement; (ii) written change orders and amendments to this Agreement, including exhibits and appendices signed by Instructions to Offerors Page 1 of 23 FWPD south Patrol Division Facility (August 2019) both the Owner and the Design -Builder; (iii) the Design Criteria Documents as defined in paragraph 1.4.10; (iv) the information provided by the Owner pursuant to Subparagraph 3.2.2; (v) the Schematic Design Documents as defined in paragraph 1.4.19 and (vi) the Open Book Price Proposal as defined in paragraph 5.2.1. 1.4.3 The term "Contract Time" shall mean the number of calendar days stated in the Price Proposal (as provided in paragraph 5.2.1) during which the Design -Builder has agreed to achieve Substantial Completion of the Construction Work. 1.4.4 "Price Proposal" shall mean the cost of the design and construction proposed at the time of execution of this contract. 1.4.5 The term "Contract Price" shall have the meaning defined in paragraph 5.1 1.4.6 "Guaranteed Maximum Price" (GMP) shall be the total cost of the project set at the time the construction is authorized. The Design -Builder shall provide Payment, Performance Bonds and Builders Risk Insurance in this amount. The Owner shall not be obligated to any costs in excess of the GMP. 1.4.7 "Conceptual Budget Update" shall mean the budget submitted by the Contractor for the estimated cost to construct the project as f the date of the budget submission. 1.4.8 The term "Construction Documents" shall mean the drawings, specifications and other documents prepared by the Architect/Engineer and approved by the Owner for the construction of the Project. 1.4.9 The term "Construction Work" shall mean all of Design -Builder's construction services required by the Contract Documents, as defined in paragraph 1.4.2. 1.4.10 The term "Date of Commencement" shall have the meaning defined in paragraph 5.2.3, or 5.2.4.1, as applicable. The Owner will promptly proceed to obtain all easements, zoning changes, approvals, and other legal requirements to allow construction to proceed without delay. 1.4.11 The term "day" or "days" shall mean calendar days unless otherwise specifically noted in the Contract Documents. 1.4.12 The term "Defective Work" shall mean any portion of the Construction Work not in conformance with the Construction Documents, 1.4.13 The term "Design Criteria Documents" shall mean the documents provided by the Owner to the Design -Builder that provide sufficient basic programming information to permit the Design -Builder to prepare a response to the Owner's request for proposal ("RFP"). The Design Criteria Documents must specify functional design and construction criteria the Owner considers necessary and salient to describe the Project. The Design Criteria Documents may include, as appropriate, basic interior space requirements, special material requirements, material quality standards, conceptual criteria for this Project, special equipment requirements, cost or budget estimates, time schedules, quality assurance and quality control requirements, site development requirements, applicable codes and ordinances, provisions for utilities, parking requirements, or any other requirements determined by the Owner to establish the salient characteristics of the proposed project. 1.4.14 The term "Design Consultants" shall mean the engineering or architectural firm(s) employed by the Design -Builder to perform design or consulting work for the Project site, and the building improvements. Such Design Consultants services may include civil engineering Instructions to Offerors Page 2 of 23 FWPD South Patrol Division Facility (August 2019) for utilities, storm drainage, and pavement; geotechnical engineering; landscape architecture; environmental engineering or consulting; and surveying and construction staking for site work. Design Consultants for the building design may include electrical, structural, mechanical, plumbing, architectural, ADAITSA and other specialty design areas. 1.4.15 The term "Differing Site Conditions" shall mean concealed or latent physical conditions, or subsurface conditions at the Project site that (i) materially differ from the conditions indicated in the Construction Design Documents or (ii) are of an unusual nature, differing materially from the conditions ordinarily encountered and generally recognized as inherent in construction work. 1.4.16 The term "Hazardous Material(s)" shall mean any materials, waste, substances, and/or chemicals deemed to be hazardous under all applicable federal, state, and/or local laws, codes, ordinances, rules, regulations, orders and decrees of any governmental entity having jurisdiction over the Project or the Project site. 1.4.17 The term "Other Contractors" shall mean any other independent contractor, agent or representative employed by the Owner at the Project site who is not employed by the Design -Builder, or its subcontractors. 1.4.18 The term "Project" is the building, facility, or other improvements at the location provided by the Owner, which the Design -Builder has agreed to complete pursuant to the requirements of the Construction Design Documents, as defined in paragraph 1.4.16. 1.4.19 The term "Schematic Design Documents" shall mean the drawings, outline specifications, and/or other conceptual documents illustrating the Project's elements, scale, and features, which documents address the requirements of the Owner's Design Criteria Documents submitted by the Owner to the Design -Builder. The Schematic Design Documents shall be the documents prepared and submitted to the Owner with a Conceptual Budget Update. 1.4.20 The term "Subcontractor(s)" shall mean any party or entity retained by the Design -Builder as an independent contractor to provide any of the labor, materials, equipment, and/or services necessary to complete a specific portion of the Construction Work under this Agreement. The term Subcontractor does not include an architect, engineer, other design consultants, if any, or any Other Contractors retained by the Owner with the Conceptual Budget Update. 1.4.21 The term "Substantial Completion" shall be the date on which the Construction Work, or an agreed portion of the Construction Work, is sufficiently complete so that the Owner can beneficially occupy or use the Project, or portion thereof, for its intended purposes. The issuance of a certificate of occupancy is not a prerequisite for Substantial Completion if the certificate of occupancy cannot be obtained due to factors beyond the Design -Builder's control. The Design -Builder and the Owner agree to sign a certificate of Substantial Completion confirming the date of Substantial Completion. 1.4.22 The term "Work Product" shall mean all drawings, specifications, and other design documents, including those in electronic format prepared by or procured by the Design - Builder in performance of this Agreement. 1.4.23 The term "Open Book Price" shall refer to the price of subcontracts and purchases, the site expenses for superintendence and professional services directly supporting the construction effort plus agreed overhead and profit. Instructions to Offerors Page 3 of 23 FWPD South Patrol Division Facility (August 2019) ARTICLE 2 - DESIGN -BUILDER'S SERVICES AND RESPONSIBILITIES 2. Design Services. 2.1 Schematic Design. The Design -Builder shall prepare a schematic design sufficient in detail and scope to clearly identify all major features of the project, prepare a preliminary project schedule, and to present a Conceptual Budget Update. The Owner shall accept, in writing, the Schematic Design prior to detailed design and execution of the construction. 2.2 Final Design. Pursuant to a mutually agreeable schedule, the Design -Builder shall submit for the Owner's approval Construction Documents that meet the requirements of the Schematic Design Documents, and any change orders executed by both the Owner and the Design -Builder after the date of this Agreement and prior to the submission of the Construction Documents to the Owner. 2.3 Construction Documents. The Construction Documents shall set forth the requirements for the Construction Work, and shall be based upon codes, laws or regulations effective on the date of this Agreement. If any codes, laws, or regulations are changed or are enacted after the date of this Agreement affecting the performance of the Construction Work, the Contract Price and the Contract Time shall be equitably adjusted to compensate the Design - Builder for the changes. When the Design -Builder submits the Construction Documents to the Owner, the Design -Builder shall identify in writing all material changes and deviations from the requirements of the Schematic Design Documents. Material changes, if any, between the Construction Documents and the Schematic Design Documents necessitated by changes in codes, laws or regulations shall be documented by a Change Order pursuant paragraph 7.2 equitably adjusting the Contract Price and/or the Contract Time. Three (3) sets of the Construction Documents shall be furnished to the Owner prior to the date of commencement of construction. 2.4 Construction Services. 2.4.1 The Design -Builder agrees to timely complete the design and commence construction to substantially complete the construction within the Contract Time. The Design - Builder and its Subcontractors shall provide all necessary construction labor, materials, tools, equipment, as well as all construction supervision, inspection, and temporary utilities as required to complete construction required by the Construction Documents. 2.4.2 The Design -Builder shall perform all Construction Work in accordance with the requirements of the Construction Documents. Design -Builder shall at ail times exercise complete and exclusive control over the construction means, methods, sequences, and techniques. The Design -Builder shall be responsible for the proper performance of the work, including all work performed by its Subcontractors, and any acts and omissions in connection with such performance. 2.4.3 The Design -Builder shall keep the Project site reasonably free from debris, trash, and construction wastes to permit Design -Builder to perform the Construction Work efficiently, safely, and without interference in the use of adjacent properties. Upon Substantial Completion of the Project, the Design -Builder shall remove all debris, trash, construction waste, materials, equipment, machinery, and tools arising from the Construction Work, to permit Owner to occupy the Project for its intended use. Upon completion of the Project, Contractor shall complete the removal of all debris, trash, construction waste, materials, equipment, machinery, and tools arising from the Construction Work prior to final payment being due. Instructions to Offerors Page 4 of 23 FWPD South Patrol Division Facility (August 2019) 2.5 Safety of Persons and Property. The Design -Builder shall require each of its Subcontractors to be responsible for the safety of its workmen performing the Construction Work at the Project site, as well as the safety of all persons and property which could be injured during the prosecution of any subcontract work. The provisions of this Agreement shall not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of subcontract work, nor for compliance with the applicable laws and regulations. The Design - Builder shall be responsible for the .safety of all employees and workmen directly employed by the Design -Builder at the Project site. 2.5.1 Safety Representative. The Design -Builder shall designate an individual at the Project site in the employment of the Design -Builder who shall act as the Design -Builder's designated safety representative. Unless otherwise identified by the Design -Builder in writing to the Owner, the designated safety representative shall be the Design -Builder's project superintendent. The Design -Builder will promptly report to the Owner in writing ail accidents and injuries occurring at the Project site. When the Design -Builder is required to file an accident report with a public authority, the Design -Builder shall furnish a copy of the report to the Owner. The Design -Builder and its Subcontractors shall comply with all legal requirements relating to the safety, as well as any of Owner's specific safety requirements if specified in the Contract Documents. 2.5.2 Reproduction, Use and Ownership of Work Product. All designs, drawings, specifications, documents, and other work products of the Design -Builder whether in hard copy or in electronic form, are instruments of service for this Project, whether the Project is completed or not. Reuse, change, or alteration by the Owner or by others acting through or on behalf of the Owner of any such instruments of service without the written permission of the Design -Builder will be at the Owner's sole risk. The Owner shall own the final, printed designs, drawings, specifications and documents. Transfer of ownership of the contract documents does not constitute sale of the documents. 2.5.3 Standard of Care. Qualified, licensed design professionals employed by the Design -Builder or procured from qualified, independent licensed design consultants shall prepare the Construction Documents. The standard of care for all design professional services performed under this Agreement shall be the care and skill ordinarily used by members of the architectural and engineering professions practicing under similar conditions at the same time and locality as the Project. This Agreement does not establish or create any legal or contractual obligations between the Owner and the design professionals employed by the Design -Builder, and the design professionals shall not be deemed to be a third party beneficiaries under this Agreement The design professionals shall be selected based upon demonstrated competence and qualifications in accord with Section 2254.004, Texas Government Code. 2.5.4 Hazardous Materials. The Design -Builder shall not be obligated to commence or continue the Construction Work until all known or suspected Hazardous Material discovered at the Project site not introduced onto the Project site by the Design -Builder have been removed or rendered harmless by the Owner, as certified by an independent testing laboratory and approved by the appropriate government agency. 2.5.4.1 The Design -Builder and its Subcontractors shall not knowingly enter upon any portion of the Construction Work containing Hazardous Material. If after the commencement of the Construction Work known or suspected Hazardous Materials are discovered at the Project, the Design -Builder shall be entitled to immediately stop Construction Work in the affected area, unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The Design -Builder shall report the condition to the Owner, and, if required, the governmental agency having jurisdiction. If the Design -Builder incurs additional cost and/or is delayed due to the Instructions to Offerors Page 5 of 23 FWPD South Patrol division Facility (August 2019) presence or remediation of Hazardous Material, the Design -Builder shall be entitled to an equitable adjustment in the Contract Price and/or the Contract Time, unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The Design -Builder shall not be required to perform any Construction Work related to or in the area of Hazardous Material not introduced into the Project site by it unless a written agreement is entered into between the Design -Builder and the Owner to provide for extra cost, if any, extra time, if any, and additional risk incurred by the Design -Builder. . 2.5.4.2 If potentially hazardous materials are discovered at the Project site that were not introduced by the Design -Builder, the Owner shall be responsible for retaining an independent testing laboratory to determine the nature of the material encountered and whether it is a Hazardous Material requiring corrective measures and/or remedial action, otherwise the Design - Builder shall be responsible for such testing. Such measures shall be the sole responsibility of the Owner, and shall be performed in a manner minimizing any adverse effect upon the Construction Work of the Design -Builder, unless such Hazardous Materials are introduced onto the Project site by the Design -Builder. The Design -Builder shall resume the Construction Work in the area affected by any Hazardous Material only after written agreement between the Owner and the Design -Builder has been executed, after the Hazardous Material has been removed or rendered harmless, and after approval of the governmental agency or agencies with jurisdiction, if required. 2.5.4.3 If hazardous materials are encountered as a result of the Owner's failure to identify or remove hazardous materials existing at the Project site prior to the commencement of construction, the Owner agrees to (1) release the Design -Builder, its Subcontractors, and their officers, directors and employees from any and all claims, damages, losses, or expenses incurred by the Owner arising out of or related to the performance of the construction work in the area affected by the Hazardous Material existing at the Project site prior to commencement of the Project; (2) release the Design -Builder from any indemnification obligations in this Agreement as it relates to Hazardous Materials only; (3) extend the Contract Time by the actual number of days that the Design -Builder is delayed in the completion of the Contract Work arising out of or related to the identification, testing, and abatement of the Hazardous Material existing at the Project site prior to commencement of performance; (4) execute a Change Order increasing the Contract Price by any costs or losses incurred by Design -Builder which arise out of the testing or abatement of the Hazardous Material existing at the Project site prior to commencement of performance, or relate to the performance of Construction Work in the area affected by the Hazardous Material prior to the Design -Builder's discovery of the Hazardous Material existing at the Project site prior to commencement of performance. 2.5.4.4 During performance of the Construction Work, the Design -Builder shall be responsible for the proper handling of all materials brought to the Project site by the Design - Builder or its Subcontractors. Upon the issuance of the certificate of Substantial Completion, the Design -Builder shall continue to be responsible for materials and substances brought to the Project site, if such materials or substances are required by the Construction Documents. 2.5.4.5 If Hazardous Materials are encountered as a result of the Design -Builder or its Subcontractors' importation of such materials onto the Project site, the Design -Builder shall defend, indemnify and hold harmless the Owner, its officers, directors, and employees from and against any and all claims, damages, losses, costs and expenses, including but not limited to attorney's fees, arising out of or related to the Construction Work in any area affected by Hazardous Materials This indemnification shall apply without regard to the fault, negligence, breach of warranty or contract, or strict liability of the Owner and shall indemnify the indemnities for their own fault or negligence. 2.6 Design -Builder's Warranty. Design -Builder warrants to Owner that all materials and Instructions to Offerors Page 6 of 23 FWPD south Patrol division Facility (August 2019) equipment furnished under this Agreement will be new, unless otherwise specified. The Design - Builder also warrants to the Owner that all materials and equipment furnished under this Agreement will be in conformance with the Construction Documents. Design -Builder's warranty obligations exclude defects caused by abuse, alterations, or failure to maintain the Construction Work by persons other than the Design -Builder. The Design -Builder agrees to correct all Defective Work for which the Owner provides notice to the Design -Builder within a period of Two Years from the date of Substantial Completion. The Design -Builder shall collect written warranties as defined in the contract documents from manufacturers, as well as all equipment manuals, and deliver them to the Owner for the Owner's use. To the extent that products, equipment, systems or materials incorporated into the Construction Work are covered by a warranty from the manufacturer of such products, equipment, systems or material in excess of one year, the Owner's remedy to correct the defective products, equipment, systems, or materials after the one-year period shall be exclusively against the warranty of the manufacturer. ARTICLE 3 - OWNER'S RESPONSIBILITIES 3.1 Cooperation with Design -Builder. 3.1.1 Owner shall, throughout the performance of the Construction Work, cooperate with Design -Builder and perform its responsibilities, obligations and services in a timely manner to facilitate Design -Builder's timely and efficient performance of the Construction Work and so as not to delay or interfere with Design -Builder's performance of its obligations under the Contract Documents and/or Construction Documents. The Owner shall cooperate and provide reasonable assistance to the Design -Builder in obtaining the permits, approvals, and licenses that are the responsibility of the Design -Builder. 3.1.2 Owner shall provide timely reviews and approvals of interim design submissions, Schematic Design Documents, and Construction Documents consistent with Owner's normal business practices and within the negotiated times set forth in Design -Builder's schedule. 3.2 Information and Services Provided by Owner. 3.2.1 The Owner shall provide full information in a timely manner regarding requirements for the Project including all information contained in the Design Criteria Documents. 3.2.2 Owner will assist with securing and executing all necessary easements and agreements with adjacent land or property owners that are necessary to enable Design -Builder to perform the Work. 3.3 Approval of Construction Documents. At the time of the Owner's approval of the Conceptual Budget Update, as provided in paragraph 5.2, the Owner shall review, modify as required, and approve the Construction Documents provided to the Owner by the Design -Builder. Upon the Owner's approval, the Construction Documents shall be part of the Contract Documents and shall constitute the scope of the design and construction services to be performed by Design - Builder. 3.4 Owner's Construction Responsibilities 3.4.1 Throughout the performance of the Construction Work, the Owner shall cooperate with Design -Builder to assure that the Construction Work is timely and efficiently performed without delay or interference to the services provided by Design -Builder. The Owner shall assign Ronald Clements, Project manager, as the Owner representative who shall be fully acquainted with the Project and who shall have authority to bind the Owner in all matters requiring the Owner's approval, authorization, or written notice. If the Owner changes its representative or the Instructions to Offerors Page 7 of 23 FWPD South Patrol Division Facility (August 2019) representative's authority as listed above, the Owner shall notify the Design -Builder in writing, in advance of such change. 3.4.2 Owner is responsible for all work performed on the Project or at the location of the Project by other contractors under separate contracts with the Owner. Owner shall contractually require its separate contractors to cooperate with and coordinate their activities with Design - Builder, so as not to interfere with Design -Builder in performance of this Agreement. 3.4.3 Owner shall provide or contract inspection services, the testing of construction necessary for acceptance of the Project. for, independently of the Design -Builder, the materials, and the verification testing services 3.4.4 Any change order or cumulative change orders in an amount greater than $100,000 requires the prior approval of the City Council of the City of Fort Worth. ARTICLE 4 - CONTRACT TIME 4.1 Substantial Completion and Final Completion. Substantial Completion of the Construction Work shall be achieved after the Date of Commencement, within the Contract Time as specified pursuant to paragraph 5.2.1.4 and as extended pursuant to paragraph 4.2. Unless causes beyond the Design -Builder's control delay final completion, the Design -Builder shall achieve final completion of the Construction Work, including all punch list work, within sixty (60) days from the date of Substantial Completion. 4.2 Extensions of Time. 4.2.1 If causes beyond the Design -Builder's control extend the time for the commencement or progress of the Construction Work, then the Contract Time shall be extended as appropriate. Such causes shall include but not be limited to: changes ordered in the Construction Work by the Owner, negligent acts or omissions of the Owner or Other Contractors, the Owner's interference in the Design -Builder's performance of Construction Work, the presence of Hazardous Materials at the Project site, the presence of Differing Site Conditions, adverse weather conditions not reasonably anticipated, fire, unusual transportation delays, labor disputes impacting the Project, actions by governmental agencies, and/or unavoidable accidents or circumstances. Causes beyond the control of the Design -Builder do not include negligent acts or omissions on the part of the Design -Builder, Subcontractors, or the Architect/Engineer. 4.2.2 In the event delays to the Project are encountered for any reason, both the Owner and the Design -Builder agree to undertake reasonable efforts to mitigate the effects of such delays. 4.3 Liquidated Damages. The parties agree and acknowledge that actual damages are uncertain and difficult to ascertain because the Project relates to construction for a municipality. Normal damages of lost rent or profit are not applicable in this circumstance because the City is a municipality and the Project will not receive rent and the City will not have lost profits. Therefore, the parties agree that because City's actual damages are too difficult to ascertain that the liquidated damages stated below are reasonable and a correct representation of actual damages to the City. The parties also agree that the liquidated damages called for in this contract are not a penalty but an agreed upon damages calculation by two sophisticated parties. The deduction for liquidated damages shall be as follows: Amount of Contract $15,000 or less Liquidated Damages per Day Instructions to Offerors Page 8 of 23 FwPD South Patrol Division Facility (August 2019) $15,001 to $25,000 $63 $25,001 to $50,000 $105 $50,001 to $100,000 $154 $100,000 to $500,000 $210 $500,001 to $1,000,000 $315 $1,000,001 to $2,000,000 $420 $2,000,001 to $5,000,000 $630 $5,000,001 to $10,000,000 $840 Over $10,000,000 $980 ARTICLE 5 - CONTRACT PRICE 5.1 Contract Price. Owner shall pay Design -Builder, in accordance with Article 6 hereof, total compensation ("Contract Price") not to exceed the Guaranteed Maximum Price. 5.2 Contract Cost. 5.2.1 Guaranteed Maximum Price Proposal ("GIVIP"). The Design -Builder shall submit a Price Proposal to the Owner for each phase working toward a GMP, which shall be limited to a not -to -exceed amount of $12,272,000.00, which includes all work accomplished under Standard Agreement for Professional Services, City Secretary Contract No. 52546, based on Design -Build management fees of 2.00% for design and 4.17% for construction, and to include a 7.5% Owner's Construction Contingency Allowance. All unspent contingencies belong to the City at the completion of the project. 5.2.1.2 The construction Documents shall be the basis for the procurement and trade bids. The Construction Documents, in conjunction with the trade bids, shall be the basis for the Guaranteed Maximum Price and Final Schedule. 5.2.1.3 A list of the assumptions and clarifications made by Design -Builder in establishing the GMP, which list is intended to supplement the information contained in the Construction Design Documents. 5.2.1.4 The Contract Time upon which the proposed GMP is based; 5.2.1.5If applicable, a list of allowances and a statement of their basis; a schedule of alternate prices; a schedule of unit prices; and/or a statement of Additional Services; and 5.2.1.6 The time limit for acceptance of the GMP Proposal. 5.2.2 Review and Adjustment to GIVIIP Proposal. After submission of the GMP Proposal, Design -Builder and Owner shall meet to discuss and review the Design Documents and the Price Proposal. If Owner has any comments regarding the GMP Proposal, or finds any inconsistencies or inaccuracies in the information presented, the Owner shall promptly give written notice to Design -Builder of such comments or findings. If appropriate, Design -Builder shall, upon receipt of Owner's notice, make appropriate adjustments to the GMP Proposal. 5.2.3 Acceptance of Price Proposal. If Owner accepts the GMP Proposal, the GMP Proposal and all documents submitted with the GMP Proposal shall amend and become a part of this Agreement. The Date of Commencement shall be ten (10) business days after Design - Builder's receipt of Owner's acceptance of the GMP Proposal. Design -Builder will proceed with completion of design and ordering of long lead-time materials required for the Project. Instructions to Offerors Page 9 of 23 FWPD South Patrol Division Facility (August 2019) 5.2.4 Failure to Accept the GMP Proposal. If Owner rejects the GMP Proposal, or fails to notify Design -Builder in writing on or before the date specified in the GMP Proposal that it accepts GMP Proposal, the GMP Proposal shall be deemed withdrawn and of no effect. In such event, Owner and Design -Builder shall meet and confer as to how the Project will proceed, with Owner having the following options: 5.2.4.1 Owner shall suggest modifications to the GMP Proposal, whereupon, if such modifications are accepted in writing by Design -Builder, the GMP Proposal shall be deemed accepted, as modified, and the parties shall proceed in accordance with paragraph 5.2.3 above, except the Date of Commencement shall be the date of Design -Builder's written acceptance of such modifications; or 5.2.4.2 Owner shall terminate this Agreement by payment to Design -Builder 50% of the Design Fee and the associated Management Fees for the preparation of the Schematic Design Documents, such payment being the total compensation Design -Builder will be entitled to for any and all work performed prior to the date of such termination. 5.3 Adjustments to Price The GMP Price shall be equitably adjusted to provide for changes in the scope of the Construction Work, including: 5.3.1 Delays encountered in performing the work caused by or resulting from acts or omissions of the Owner, the Owner's representatives, or any Other Contractors; 5.3.2 Changes to the Project or Construction Work as provided in Article 7 hereof; 5.3.3 Additional work and/or delays caused by or resulting from the presence of Hazardous Materials on the Project site other than materials brought onto the site by Design - Builder; 5.3.4 The Owner's suspension of the work under this Agreement; or 5.3.5 Differing Site Conditions; and/or other occurrences or circumstances for which the Design -Builder is entitled to a price adjustment under this Agreement. ARTICLE 6 - PAYMENT 6.1 Schedule of Values. 6.1.1 Prior to submitting the first application for payment during the Construction Work, the Design -Builder shall provide to the Owner a schedule of values consisting of a breakdown of the Open Book Price with separate line items for the major elements of the Construction Work included in the Lump Sum Price. 6.1.2 If the Owner disagrees with the values utilized by the ❑esign-Builder in the schedule of values, the Owner shall provide the Design -Builder a written objection to the schedule of values within seven (7) days after the Owner's receipt of the schedule of values, specifically stating the items with which the Owner objects, the basis for such objection, and the adjustment in the schedule of values which would be satisfactory to the Owner. In the event of objection by the Owner, the Design -Builder and the Owner shall negotiate in good faith to resolve any such objection before commencement of the Construction Work. The Design -Builder shall not be required to commence the Construction Work until all such objections are resolved. If any such delays in the commencement of the Construction Work are encountered, the Design -Builder shall be entitled to an adjustment of the Contract Time. Instructions to Offerors Page 10 of 23 FWPD South Patrol Division Facility (August 2019) 6.2 Monthly Proaress Pavments. 6.2.1 On the first day of each month after the Date of Commencement, the Design - Builder shall submit to the Owner an application for payment based on the percentage of work completed for each item on the schedule of values, and the materials suitably stored at the Project site (or at other locations approved in writing by the Owner). Approval of payment applications for such stored materials shall be conditioned upon submission by the Design-Buifder of bills of sale or such other procedures satisfactory to the Owner to establish the Owner's title to such materials. 6.2.2 Within ten (10) days after the Owner's receipt of each monthly application for payment, the Owner shall give written notice to the Design -Builder of the Owner's acceptance, rejection, or adjustment of such application for payment. The Owner's adjustment or rejection of an application for payment shall only be based on a justification stated in paragraph 6.2.3. Within fifteen (15) days after receipt of each monthly application for payment, the Owner shall pay directly to the Design -Builder, the amount forwhich the application for payment is made, less any amounts previously paid by the Owner. If such application is rejected or adjusted, the Owner shall provide with the written notice of rejection or adjustment, a statement of the specific portion of the items in the schedule of values rejected or adjusted and the Owner's basis for such rejection or adjustment. If the Owner and Design -Builder cannot agree on a revised amount, the Owner shall pay directly to the Design -Builder the amount of those items not rejected and the uncontested amount of items adjusted, less amounts previously paid by the Owner. The items rejected or adjusted by the Owner shall be due and payable when the reasons for the Owner's rejection or adjustment have been removed or cured. 6.2.3 Justification for Owner's Adjustment. For the following reasons, the Owner may reject or adjust an application for payment submitted by the Design -Builder to the extent necessary to protect the Owner from loss or damage for which Design -Builder is responsible under this Agreement: 6.2.3.1 The Design -Builder repeatedly fails to perform the Construction Work as required by the Construction Documents; 6.2.3.2 The Owner suffers or incurs a loss or damage arising out of this Agreement and caused by the Design -Builder, but only to the extent that such loss or damage is not covered by insurance provided by Design -Builder or by Owner pursuant to the terms of this Agreement; 6.2.3.3 The Owner receives notice that the Design -Builder has failed to pay Design Consultants, Subcontractors, or other persons supplying materials, equipment or supplies incorporated into the Construction Work, when the Owner has paid the Design -Builder for such Construction Work; 6.2.3.4 The Design -Builder fails to correct Defective Work in a timely manner as provided in this Agreement; or 6.2.3.5If the unpaid balance of the Contract Price is insufficient to pay for the cost to complete the Construction Work required under this Agreement. 6.2.3.5 When the above basis for rejecting or adjusting an application for payment has been removed, the Owner will make payment within thirty (30) days to the Design -Builder for the amounts previously withheld. 6.2.4 Retainage (Before Substantial Completion. From each progress payment made prior to the time of Substantial Completion of the Construction Work, the Owner may retain five Instructions to Offerors Page 11 of 23 FVVPD South Patrol Division Facility (August 2019) percent (5%) of the amount otherwise due under this Agreement. 6.2.6 Retainage After Substantial Completion. Upon Substantial Completion of the Construction Work, the Owner shall pay the Design -Builder the unpaid balance of the Contract Price, less a sum equal to 150% of the Owner's estimated cost of completing any unfinished items, as agreed to between the Owner and the Design -Builder. The Owner thereafter shall pay the Design -Builder monthly the amount retained for unfinished items as each item is completed. 6.2.6 Owner's Failure to Pay. If the Owner fails to pay the Design -Builder at the time payment of any amount becomes due, and such amount remains unpaid for a period of thirty (30) days, then (i) within three (3) Owner business days after the Owner's receipt of notice from the Design -Builder of the Design -Builder's intention to cease work on the Project, the Design -Builder may stop all work on the Project until full payment of the amount owing has been received by the Design -Builder and (ii) within seven (7) days after the Owner's receipt of notice of termination from the Design -Builder, the Design -Builder may terminate this Agreement. Payments due but unpaid pursuant to this Agreement shall bear interest at the rate set forth for past due construction payments in Chapter 2251 of the Texas Government Code. 6.2.7 Warranty of Clear Title. The Design -Builder warrants and guarantees that title to all work, materials, and equipment covered by an application for payment, whether incorporated in the Project or not, will pass to the Owner upon receipt by Design -Builder of payment for the application for payment, free and clear of all liens, claims, security interests, or encumbrances. The Owner's payment of an application for payment, whether in whole or in part, shall not be deemed acceptance of any Construction Work not conforming to the requirements of the Construction Documents, it being the duty and responsibility of the Design -Builder to perform the Construction Work in accordance with the requirements of the Construction Documents. 6.3 Final Payment. 6.3.1 Upon completion of all work under this Agreement, including punch list work, Design -Builder shall submit an invoice to Owner for the final Contract Price, less progress payments previously received (the "Final Invoice"). 6.3.2 Owner shall have 30 days to review and audit Design -Builder's Final Invoice. If the Owner disagrees with the Design -Builder's Final Invoice notice thereof shall be provided to Design -Builder not later than 35 days following Design -Builder's submission of its Final Invoice. Such notice of disagreement must describe in detail those portions of the Final Invoice disputed and the reason(s). 6.3.3 If Owner disagrees or objects with the Final Invoice, payment shall nevertheless be made for the undisputed balance, if any, due Design -Builder. Such payment of the undisputed balance is due not later than 45 days following Design -Builder's submission of the Final Invoice. With respect to the disputed amount of Design -Builder's Final Invoice the parties shall meet within the 30-day period following Owner's notice of disagreement and attempt to resolve the dispute by agreement. if that process is unsuccessful, the Owner and Design Builder shall submit the dispute to non -binding mediation, and if such mediation is unsuccessful in resolving the dispute, either Owner or Design -Builder may bring suit in a court of competent jurisdiction located in Tarrant County, Texas. 6.3.4 In the event the final total Contract Price payable under this Agreement is less than the sum of progress payments previously received, Design -Builder shall refund the amount of such excess progress payments received to Owner within 10 days following the final determination of the final total Contract Price. Any refund not so made shall bear interest at the rate of ten percent (10%) per annum. 6.3.5 Owner, shall pay Design -Builder interest at the rate set forth for past due construction payments in Chapter 2251 of the Texas Government Code on any amounts not Instructions to Offerors Page 12 of 23 FWPD South Patrol Division Facility (August 2019) timely paid under this Agreement. To the extent any disputed entitlement to payment is resolved in favor of the Design -Builder, such interest shall be paid on the amount determined to be due Design -Builder from the original due date of the disputed payment. ARTICLE 7 - CHANGES IN THE WORK 7.1 Changes in the Work. Changes in the Construction Work which are within the general scope of this Agreement may be accomplished without invaliding the Agreement by Change Order as provided in paragraph 7.2, a Work Change Directive as provided in paragraph 7.3, or a Minor Change in the Work as provided in paragraph 7.4. 7.2 Change Orders. The Owner may order changes in the Construction Work within the general scope of the Construction Documents by a Change Order. All such changes in the Construction Work shall be authorized by the Owner pursuant to a written change order executed by the Owner and the Design -Builder, and shall be performed under applicable conditions of the Contract Documents. Each adjustment in the Contract Price and/or Contract Time resulting from a Change Order shall clearly separate the amount attributable to design services. The Owner and the Design -Builder shall negotiate in good faith an equitable adjustment to the Contract Price and the Contract Time and shall conclude these negotiations as expeditiously as possible. Neither the Design -Builder nor the Owner shall unreasonably withhold acceptance of the Change Order, any adjustment in the Contract Price, and/or Contract Time. 7.3 Work Change Directive. In the event the Owner and the Design -Builder cannot agree on an equitable adjustment to the Contract Price or the Contract Time, the Owner may issue a Work Change Directive, directing a change in the Construction Work if the changed work is within the general scope of the Construction Documents. if the Owner issues a Work Change Directive, the Design -Builder shall provide an accounting to the Owner for all extra costs incurred by the Design -Builder as a result of the Work Change Directive. The Design -Builder shall also record all extra time required for the completion of the work required by the Work Change Directive. The Contract Price will be increased by the amount of such additional costs plus fifteen percent (15%) of such costs for Design -Builder's overhead and profit. The Design -Builder will also be entitled to an extension of the Contract Time that corresponds with the additional time required to complete the work under the Work Change Directive. if the Owner and Design -Builder subsequently agree to the adjustments in the Contract Price and the Contract Time for work under the Work Change Directive, such agreement shall be documented by completion of a Change Order. 7.4 Minor Changes in the {Mork. Design -Builder, with the written approval of the Owner, may make minor changes in the design and construction of the Project consistent with the intent of the Contract Documents, which do not involve an adjustment of the Contract Price and/or the Contract Time, and which do not materially or adversely affect the design of the Project, the quality of any of the materials or equipment specified in the Construction Documents, the performance of any equipment or systems specified in the Construction Documents, or the quality of workmanship required by the Construction Documents. 7.5 Differing Site Conditions. If Design -Builder encounters a Differing Site Condition that is manmade, Design -Builder will be entitled to an adjustment in the Contract Price, and/or the Contract Time, to the extent that the Differing Site Condition adversely impacts design -Builder's costs and/or time of performance. Upon encountering a manmade Differing Site Condition, Design -Builder shall provide prompt written notice to Owner of such condition, which notice shall not be later than five (5) business days after the impact of such manmade Differing Site Condition has been determined by Design -Builder. Design -Builder shall, to the extent reasonably possible, provide such notice in a manner to allow the Owner to mitigate any costs or extra expenses arising out of the manmade Differing Site Condition. Design -Builder waives any claim for additional time and/or compensation for failure to provide written notice as required herein. Design -Builder shall not be entitled to any additional compensation for a naturally occurring Differing Site Condition, Instructions to Offerors Page 13 of 23 FWPD South Patrol Division Facility (August 2019) but shall be entitled to and adjustment in Contract Time. ARTICLE 8-1NDEMNiTY,_INSU_RANCE AND BONDS 8.1 Indemnity. DESIGN -BUILDER COVENANTS AND AGREES TO, AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND OWNER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, ITS OFFICERS, AGENTS, EMPLOYEES, CONTRACTORS OR SUBCONTRACTORS, WHETHER OR NOT CAUSED IN WHOLE OR IN PART BY ALLEGED NEGLIGENCE ON THE PART OF THE OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES AND INVITEES OF OWNER. DESIGN - BUILDER DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF OWNER, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR PROPERTY DAMAGE OR LOSS, AND/OR PERSONAL INJURIES, INCLUDING DEATH, TO ANY AND ALL PERSONS OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THIS AGREEMENT, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OF OWNER, ITS OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES, OR INVITEES. DESIGN -BUILDER LIKEWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD OWNER HARMLESS FROM AND AGAINST ANY AND ALL INJURIES, LOSS, OR DAMAGES TO PROPERTY OF OWNER DURING THE PERFORMANCE OF THIS AGREEMENT, WHETHER ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM, IN WHOLE OR IN PART, ANY AND ALL ALLEGED ACTS OR OMISSIONS OF OWNER'S OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES. THE INTENT OF THIS PARAGRAPH IS TO REQUIRE DESIGN -BUILDER TO INDEMNIFY THE OWNER FOR ITS SOLE OR CONCURRENT NEGLIGENCE; PROVIDED, HOWEVER, THIS INDEMNITY SHALL NOT BE CONSTRUED SO AS TO REQUIRE THE DESIGN PROFESSIONAL TO INDEMNIFY OWNER OR ANYONE UNDER OWNER FOR THE OWNER'S SOLE NEGLIGENCE. 8.2 Design -Builder's Liability_ Insurance. The Design -Builder shall obtain and maintain insurance coverage for the following claims which may arise out of the performance of this Agreement, whether resulting from the Design -Builder's operations or from the operations of any Subcontractors, their employees, or by an individual or entity for whose acts they are liable: 8.2.1 Claims under Workers' Compensation statutes or other disability benefits statutes applicable to the Construction Work; 8.2.2 Claims under applicable employer's liability statutes or laws for bodily injury, occupational sickness, disease or death claims of the Design -Builder's employees; 8.2.3 Claims for bodily injury, sickness, disease, death or damages to persons not employed by the Design -Builder; 8.2.4 Claims for personal injury disability for damages directly or indirectly related to the person's employment by the Design -Builder; 8.2.5 Claims for damage to or destruction of tangible property; 8.2.6 Claims for bodily injury, death, or property damage resulting from motor vehicle Instructions to Offerors Page 14 of 23 FVVPD South Patrol Division Facility (August 2019) liability for motor vehicles used or operated by the Design -Builder; and 8.2.7 Claims for contractual liability involving the Design -Builder's obligations under the indemnity provided in this Agreement. 8.2.8 Claims for loss of use of Owner's property located at the Project site occurring before Substantial Completion. 8.2.9 Claims for damage to boiler and machinery located at the Project site occurring before Substantial Completion. 8.2.8 The Design -Builder's liability insurance policies shall be written for not less than the following limits of liability: Commercial General Liability Insurance: (a) Each occurrence limit: $1,000,000 (b) General Aggregate: $2,000,000 (c) Products/Completed Operations Aggregate: $2,000,000 (d) Personal and advertising Injury Limit: $2,000,000 Automobile Liability $1,000,000 each accident on a combined single limit basis Or $250,000 Property Damage $500,000 Bodily Injury per person per occurrence A commercial business policy shall provide coverage on "Any Auto", defined as autos owned, hired and non -owned. Workers' Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Bodily Injury/Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee 8.2.9 Commercial General Liability Insurance may be arranged under a single policy for the full limits required or by a combination of underlying policies and an excess of umbrella liability policy. The policy shall contain a provisions that coverage will not be cancelled or not renewed until at least thirty (30) days prior written notice has been given to the Owner. Certificates of insurance showing required coverage to be in force shall be filed with the Owner prior to commencement of the Construction Work. Products and completed operations insurance shall be maintained for a minimum period of one year after the date of Substantial Completion. 8.3 Professional Liability Insurance. The Design -Builder shall obtain or require its Design Instructions to Offerors Page 15 of 23 FVVPD South Patrol Division Facility (August 2019) Consultants to obtain professional liability insurance for claims arising out of the negligent performance of the professional services required under this Agreement. The professional liability insurance shall be written for an amount not less than $2,000,000 per claim and in the aggregate, with a deductible amount not to exceed $50,000. Such coverage shall be maintained for a period of three (3) years following the date of final completion. 8.4 Builder's Risk Insurance. The Design -Builder shall obtain and maintain All Risk Builder's Risk insurance for the Construction Work required under this Agreement. This insurance shall include as named insureds the Owner and the Design -Builder. This insurance shall include all risk insurance for physical loss or damage including without duplication of coverage, at least: theft, vandalism, malicious mischief, collapse, earthquake, flood, windstorm, falsework, temporary buildings, debris removal, testing, and demolition resulting from enforcement of any applicable legal requirements. 8.5 Additional Insurance Requirements. 8.5.1 The Owner, its officers, employees and servants shall be endorsed as an additional insured on Contractor's insurance policies excepting employer's liability insurance coverage under Contractor's workers' compensation insurance policy. 8.6.2 Certificates of insurance shall be delivered to the City of Fort Worth, contract administrator in the respective department as specified in the bid documents, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work on the contracted project. 8.5.3 Any failure on part of the Owner to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. 8.5.4 Each insurance policy shall be endorsed to provide the Owner a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. 8.5.5 Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. 8.5.6 Deductible limits, or self -funded retention limits, on each policy must not exceed $10,000.00 per occurrence unless otherwise approved by the Owner. 8.6.7 Other than worker's compensation insurance, in lieu of traditional insurance, Owner may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The Owner must approve in writing any alternative coverage. 8.6.8 Workers' compensation insurance policy(s) covering employees employed on the project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the Owner. 8.5.9 Owner shall not be responsible for the direct payment of insurance premium costs for contractor's insurance. 8.6.10 Contractor's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by Owner shall not be called upon to contribute to loss recovery. Instructions to Offerors Page 16 of 23 FWPD South Patrol Division Facility (August 2019) 8.5.11 In the course of the project, Contractor shall report, in a timely manner, to Owner's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. 8.5.12 Contractor's liability shall not be limited to the specified amounts of insurance required herein. 8.6.13 Upon the request of Owner, Contractor shall provide complete copies of all insurance policies required by these contract documents. 8.6 Bonds and Other Performance Security. 8.6.1 The Design -Builder shall give the Owner surety in a sum equal to the amount of the Lump Sum Price, as reduced by cost of the design services. The Design -Builder shall be required to furnish bonds as follows. All bonds furnished hereunder shall meet the requirements of Chapter 2253 of the Texas Government Code, as amended. In order for a surety to be acceptable to the Owner, it must meet the requirements of V. A. T. S. Insurance Code, art. 7.19-1. 8.6.2 If the total Lump Sum Price as reduced by the cost of the design services is in excess of $50,000, a Payment Bond shall be executed in the amount of the contract solely for the protection of all claimants supplying labor and material in the prosecution of the work. 8.6.3 If the total Lump Sum Price as reduced by the cost of the design services is in excess of $100,000, a Performance Bond shall be executed in the amount of the contract conditioned on the faithful performance of the work in accordance with the plans, specifications, and contract documents. Said bond shall solely be for the protection of the Owner. 8.6.4 No sureties will be accepted by the Owner that are at the time in default or delinquent on any bonds or which are interested in any litigation against the Owner. Should any surety on the contract be determined unsatisfactory at any time by the Owner, notice will be given to the contractor to that effect and the contractor shall immediately provide a new surety satisfactory to the Owner. 8.7 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW: 8.7.1 Definitions: 8.7.1.1 Certification of coverage ("certificate"). A copy of a certificate of insurance, a certificate of authority to self -insure issued by the commission, or a coverage agreement (TWCC- 81, TWCC-82, TWCC-83, or TWCC-84), showing statutory workers' compensation insurance coverage for the person's or entity's employees providing services on a project, for the duration of the project. 8.7.1.2 Duration of the project includes the time from the beginning of the work on the project until the contractor'slperson's work on the project has been completed and accepted by the governmental entity. 8.7.1.3 Persons providing services on the project ("sub -contractor" in §406.096) includes all persons or entities performing all or part of the services the contractor has undertaken to perform on the project, regardless of whether that person contracted directly with the contractor and regardless of whether that person has employees. This includes, without limitation, independent contractors, subcontractors, leasing companies, motor carriers, owner operators, employees of any such entity, or employees of any entity which furnishes persons to provide services on the project. "Services" include, without limitation, providing, hauling, or delivering equipment or materials, or providing labor, transportation, or other services related to a project. Instructions to Offerors Page 17 of 23 FWPD South Patrol Division Facility (August 2019) "Services" does not include activities unrelated to the project, such as food/beverage vendors, office supply deliveries, and delivery of portable toilets. 8.7.2 Design Builder shall provide coverage, based on proper reporting of classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) or all employees of the Design -Builder providing services on the project, for the duration of the project. 8.7.3 Design Builder must provide a certificate of coverage to the governmental entity prior to being awarded the contract. 8.7.4 If the coverage period shown on the Design -Builder's current certificate of coverage ends during the duration of the project, the Design -Builder must, prior to the end of the coverage period, file a new certificate of coverage with the governmental entity showing that coverage has been extended. 8.7.5 The Design -Builder shall obtain from each person providing services on a project, and provide the governmental entity: 8.7.5.1 A certificate of coverage, prior to that person beginning work on the project, so the governmental entity will have on file certificates of coverage showing coverage for all persons providing services on the project; and 81.5.2 No later than seven days after receipt by the Design -Builder, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 8.7.6 The Design -Builder shall retain all required certificates of coverage for the duration of the project and for one year thereafter. 8.7.7 The Design -Builder shall notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the Design -Builder knew or should have known„ of any change that materially affects the provision of coverage of any person providing services on the project. 8.7.8 The Design -Builder shall post on each project site a notice, in the text, form and manner prescribed by the Texas Worker's Compensation Commission, informing all persons providing services on the project that they are required to be covered, and stating how a person may verify coverage and report lack of coverage. 8.7.9 The Design -Builder shall contractually require each person with whom it contracts to provide services on a project, to: 8.7.9.1 Provide coverage, based on proper reporting on classification codes and payroll amounts and filing of any coverage agreements, which meets the statutory requirements of Texas Labor Code, Section 401.011(44) for all of its employees providing services on the project, for the duration of the project; 8.7.9.2 Provide to the Design -Builder, prior to that person beginning work on the project, a certificate of coverage showing that coverage is being provided for all employees of the person providing services on the project, for the duration of the project; Instructions to Offerors Page 18 of 23 FWPD South Patrol Division Facility (August 2019) 8.7.9.3 Provide the Design -Builder, prior to the end of the coverage period, a new certificate of coverage showing extension of coverage, if the coverage period shown on the current certificate of coverage ends during the duration of the project; 8.7.10 Obtain from each other person with whom it contracts, and provide to the Design - Builder: 8.7.10.1 Provide a certificate of coverage, prior to the other person beginning work on the project; and 8.7.10.2 A new certificate of coverage showing extension of coverage, prior to the end of the coverage period, if the coverage period shown on the current certificate of coverage ends during the duration of the project. 8.7.11 Retain all required certificates of coverage on file for the duration of the project and for one year thereafter. 8.7.12 Notify the governmental entity in writing by certified mail or personal delivery, within ten (10) days after the person knew or should have known, of any change that materially affects the provision of coverage of any person providing services on the project; and 8.7.13 Contractually require each person with whom it contracts, to perform as required by paragraphs (1)-(7), with the certificates of coverage to be provided to the person for whom they are providing services. 8.7.14 By signing this contract or providing or causing to be provided a certificate of coverage, the Design -Builder is representing to the governmental entity that all employees of the Design -Builder who will provide services on the project will be covered by worker's compensation coverage for the duration of the project, that the coverage will be based on proper reporting of classification codes and payroll amounts, and that all coverage agreements will be filed with the appropriate insurance carrier or, in the case of a self -insured, with the commission's Division of Self -Insurance Regulation. Providing false or misleading information may subject the Design - Builder to administrative, criminal, civil penalties or other civil actions. 8.7.15The Design -Builder's failure to comply with any of these provisions is a breach of contract by the Design -Builder which entitles the governmental entity to declare the contract void if the Design -Builder does not remedy the breach within ten days after receipt of notice of breach from the governmental entity. 8.7.16 The Design -Builder shall post a notice on each project site informing all persons providing services on the project that they are required to be covered, and stating how a person may verify current coverage and report failure to provide coverage. This notice does not satisfy other posting requirements imposed by the Texas Worker's Compensation Act or other Texas Worker's Compensation Commission rules. This notice must be printed with a title in at least 30 point bold type and text in at least 19 point normal type, and shall be in both English and Spanish and any other language common to the worker population. The text for the notices shall be the following text, without any additional words or changes: "REQUIRED WORKER'S COMPENSATION COVERAGE The law requires that each person working on this site or providing services related to this construction project must be covered by workers' compensation insurance. This includes persons providing, hauling, or delivering equipment or materials, or providing labor or transportation or other service related to the project, regardless of the identity of their employer or status as an employee." Instructions to Offerors Page 19 of 23 FWPD South Patrol Division Facility (August 2019) Call the Texas Worker's Compensation Commission at (512) 440-3789 to receive information on the legal requirement for coverage, to verify whether your employer has provided the required coverage, or to report an employer's failure to provide coverage". Part 1 - ARTICLE 9 - SUSPENSION AND TERMINATION OF THE AGREEMENT 9.1 Suspension by the Owner for Convenience. Owner may order Design -Builder in writing to suspend, delay or interrupt all or any part of the Work without cause for such period of time as the Owner may determine to be appropriate for its convenience without additional compensation to the Design -Builder. To the extent the time for performance of the Construction Work is impacted by such suspension, delay or interruption an equitable adjustment shall be made in the Contract Price and/or Contract Time. No adjustment shall be made if the Design - Builder is or otherwise would have been solely responsible for the suspension, delay or interruption of the Construction Work, or if another provision of this Agreement is applied to render an equitable adjustment. 9.2 Termination by the Owner for Cause. 9.2.1 If Design -Builder persistently fails to perform any of its obligations under this Agreement and fails within seven days after receipt of written notice from Owner of such failure to commence and continue correction of such failure, then the Owner may undertake to perform such obligations. The costs incurred by the Owner in performing such obligations may be deducted from the Contract Price. 9.2.2 If Design -Builder fails to cure upon seven (7) days' written notice to Design -Builder and Design -Builder's surety, Owner may, after seven days following receipt by the Design -Builder of an additional written notice, terminate this Agreement for any of the following reasons: 9.2.2.1If Design -Builder persistently utilizes improper materials and/or inadequately skilled workers; 9.2.2.2 If Owner receives notice that the Design -Builder has not made proper payment to laborers, material suppliers or Sub -contractors, provided that the Owner has fully paid to the Design -Builder in accordance with the terms of this Agreement, the payment sought by such laborers, material suppliers or Sub -contractor; or 9.2.2.3If Design -Builder persistently fails to abide by the orders, regulations, rules, ordinances or laws of governmental authorities having jurisdiction; or 9.2.2.4 If Design -Builder is in breach of any other requirement of the Contract Documents. 9.2.3 Owner may terminate this Agreement for cause if Design -Builder files a petition under the Bankruptcy Code, and Design -Builder or the Design -Builder's trustee rejects the Agreement or, if there has been a default, the Design -Builder is unable to give adequate assurance that Design -Builder will perform as required by this Agreement or otherwise is unable to comply with the requirements for assuming this Agreement under the applicable provisions of the Bankruptcy Code. 9.2.4 In the event the Owner exercises its rights under Subparagraph 9.2.1 9.2.2 or 9.2.3, upon the request of the Design -Builder, the Owner shall provide a detailed accounting of the obligations or work of the Design -Builder performed by Owner and the cost incurred by the Owner in performing such obligations or work. Instructions to Offerors Page 20 of 23 FVVPD South Patrol Division Facility (August 2019) 9.3 Termination by the Owner Without Cause. If Owner terminates this Agreement other than as set forth in paragraph 9.2, then Owner shall pay Design -Builder for all work completed as of the termination date (including any withheld retainage), plus all proven losses, costs or expenses incurred in connection with demobilization and termination of the Construction Work. Design -Builder shall not be entitled to any compensation for lost or anticipated profits. 9.4 Termination by the Design -Builder. 9.4.1 Upon seven (7) days' written notice to the Owner, the Design -Builder may terminate this Agreement for any of the following reasons: a) if the Owner suspends the Work for sixty (60) days; b) if the Owner fails to furnish reasonable evidence that sufficient funds are available and committed for the entire cost of the Project; or c) if the Owner has for thirty (30) days failed to pay the Design -Builder pursuant to Subparagraph 6.2. 9.4.2 Upon termination by the Design -Builder in accordance with paragraph 9.4.1, the Design -Builder shall be entitled to recover payment from the Owner as if the Owner had terminated this Agreement under paragraph 9.3. Design -Builder shall not be entitled to any compensation for lost or anticipated profits. ARTICLE 10 — MINORITY[WOMEN BUSINESS ENTERPRISE PARTICIPATION 10.1 The goals of twenty-five percent (25%) SBE for design and twenty-five percent (26%) MBE for construction have been established for Minority and Women Business Enterprise (MIWBE) participation in this Agreement. Design -Builder shall fully comply with all requirements of Owner of Fort Worth Ordinance No. 15530 in meeting this established goal. 10.2 In accord with City of Fort Worth Ordinance No. 15530, Owner has goals for the participation of minority business enterprises and woman business enterprises in Owner's contracts. Design -Builder acknowledges the MIWBE goal established for this contract and its commitment to meet that goal. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Design -Builder may result in the termination of this agreement and debarment from participating in Owner contracts for a period of time of not less than three (3) years. ARTICLE 11 -MISCELLANEOUS 11.1 Notices. All notices required to be given under this Agreement shall be deemed delivered when deposited in the United States mail, first class postage prepaid, addressed to the recipient at: Speed Fab -Crete P.O. Box 15580 Fort Worth, Texas 76119 CITY OF FORT WORTH Architectural Services Manager Property Management Department 401 West 13th Street Fort Worth, TX 76102 Instructions to Offerors Page 21 of 23 FWPD South Patrol Division Facility (August 2019) 11.2 Conflict in Terms. In the event there is a conflict between the terms of this Agreement, and any other Contract Document, the terms of this Agreement shall control over the other Contract Documents. 11.3 Governing Law. The laws of the State of Texas shall govern this Agreement and the parties agree that any suit arising out of or relating to this Agreement shall be exclusively in Tarrant County, Texas. 11.4 No Waiver of Performance. The failure of either the Owner or the Design -Builder to insist, in any one or more instances, on the performance of any of the terms, covenants or conditions of this Agreement, or to exercise any rights under this Agreement, shall not be construed as a waiver or relinquishment of such term, covenant, condition or right with respect to further performance. 11.6 Severability. The partial or complete invalidity of any one or more provisions to this Agreement shall not affect the validity or continuing force and effect of any other provision. 11.7 Right to Audit. 11.7.1 Design -Builder agrees that Owner 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 Design -Builder involving transactions relating to this Agreement. Design -Builder agrees that the Owner shall have access during normal working hours to all necessary Design -Builder facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. Owner shall give Design -Builder reasonable advance notice of intended audits. 11.7.2 Design -Builder shall include in all its subconsultant agreements and subcontracts hereunder a provision to the effect that the subconsultant and/or sub -contractor agree that the Owner shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant or sub -contractor involving transactions to the sub - agreement, and further, that Owner shall have access during normal working hours to all subconsultant or sub -contractor facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this section. Owner shall give subconsultants or sub -contractors reasonable advance notice of intended audits. 11.7.3 Design -Builder agrees to photocopy such documents as may be requested by Owner, and further agrees to include such a provision in any subconsultant or sub -contractor agreement. Owner agrees to reimburse for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 11.8. Additional Compensation Anywhere in this Agreement where Design -Builder may be entitled to additional compensation, the calculation to determine such additional compensation shall not include any costs or expenses for any home -office overhead and expenses, and shall be limited to the costs incurred at the Project site, examples of which include Project site trailer, Project site utility costs, Project site supervision, Project Engineer (billed on hourly rate) and Project Manager (based on hourly rate) and like Project site specific costs. Instructions to Offerors Page 22 of 23 FWPD South Patrol Division Facility (August 2019) ARTICLE 10 — Counterparts This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute butone and the same instrument. Executed and effective this the_t dayof 2019. DESIGN BUILD CONT ACTOR SP D FAB-CRETE P. By: Tly Name Ronald A. Hamm Title President APPRO L RE O DED: By: We R gel- Vertabie�. yhterim Director Property Management Department APPROVED AS TO FORM AND LEGALITY: By: John B. Strong Assistant City Attorney APPROV : CITY F ORT RTH By: Kevin Gunn Interim Assistant City Manager By: Mary J. Kafse City Secretary M&C C-190025 M&C Date —August 6, 2019 WIS.. X19-14%Ml The "texas Board of Architectural Examiners, 8213 Shoal Creek Boulevard, Suite 107, Austin, Texas, 78758, telephone (512) 305- 9000, has jurisdiction over individuals licensed under the Architects' Registration Law, Texas Civil Statutes, Article 249a, Contract Compliance Manager: By signing I acknowledge that I am the person responsible for the monitoring and administration of is contractdilall p rmance and reporting requirements. n��I Brian R. Glass, AIA Architectural Services Manager Addendum No. 2 — Attachment No. 1 South Patrol Division Facility (Design -Build) OFFOCOAL RECORD CITV SECRETARY FT. WORTH, TX February 2019 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the day of , 2099. PRINCIPAL: ATTEST: (Principal) Secretary Witness as to Principal ATTEST: (Surety) Secretary BY: Signature Name and Title Address: SURETY: BY: Signature Name and Title Address: Witness as to Surety Telephone Number: *Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws f showing that this person has authority to sign such obligation. If Surety's physical address is different from i its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. Addendum No. 2 — Attachment No. 2 Page 26 of 26 South Patrol Division Facility (Design -Build) February 2019 B Bond # PERFORMANCE BOND THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT § That we, Speed Fab -Crete Corporation , known as "Principal" herein and a corporate surety (sureties, if more than one) duly authorized to do business in the State of Texas, known as "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal sum of, Twelve Million, Two Hundred Seventy Two Thousand Dollars And No Cents ($12,272,000.00), lawful money of the United States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents. WHEREAS, the Principal has entered into a certain written contract with the City awarded the 6th day of August , 2019, which Contract is hereby referred to and made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment labor and other accessories defined by law, in the prosecution of the Work, including any Change Orders, as provided for in said Contract designated as SOUTH PATROL DIVISION, 8800 McCart Avenue, Fort Worth, Texas PMD2018-14 City Project #101661. NOW, THEREFORE, the condition of this obligation is such that if the said Principal shall faithfully perform it obligations under the Contract and shall in all respects duly and faithfully perform the Work, including Change Orders, under the Contract, according to the plans, specifications, and contract documents therein referred to, and as well during any period of extension of the Contract that may be granted on the part of the City, then this obligation shall be and become null and void, otherwise to remain in full force and effect. PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. Addendum No. 2 — Attachment No. 2 South Patrol Division Facility (Design -Build) Page 27 of 27 February 2019 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it provides worker's compensation insurance coverage for all of its employees employed on City Project, SOUTH PATROL DIVISION 8800 McCart Avenue Fort Worth Texas PMD2018-14 City Project #101661. Contractor further certifies that, pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its subcontractor's certificates of compliance with worker's compensation coverage. CONTRACTOR: Speed Fab -Crete Corp. Company 1150 E. Kennedale Pkwy. Address By. Ronald A. Hamm (Please Print) Signature: 7� Kennedale, Texas 76060 Title: President City/State/zip (Please Print) THE STATE OF TEXAS § § KNOW ALL BY THESE PRESENTS., COUNTY OF TARRANT § BEFORE ME, the Undersigned authority, on this day personally appeared Ronald A. Hamm known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as the act and deed of Ronald A. Hamra - President therein expressed and in the capacity therein stated. for the purposes and consideration GIVEN UNDER MY HAND AND SEAL OF OFFICE this21St day of August 12019. ti��tturry MICH1 LLE BRA1M z�n Notary Public, State of Texas =:, 4 Comm. Bxpires 07-18-2022 '�,u°„ ���• Notary 1© 13164825 Addendum No. 2 — Attachment No. 2 South Patrol Division Facility (Design -Build) Notary Public in and for the State of Texas Page 30 of 30 February 2019 41^Q,1 h CENTERLINE OF ' SIGN, LOGO & TEXT INFORMATION ro,t Title Architect: Architect's Nerve Contractor: Contractor's Name FUNDED BY (List Bond Fund, etc.) SCHEDULED COMPLETION DATE YEAR SIGN COLOR & FONT: f d- BACKGROUND - WHITE BORDER - 5116"V IDE, 3"RADIUS CORNERS, PiVIS 283 (BLUE) TEXT - HELVETIGA or ARIAL, PMS 288 (BLUE) FORT WORTH LOGO COLORS & FONT: FORT WORTH - PMS 238 (BLUE), CHEL I ENHAM BOLD LONGHORN LOGO - PMS 725 (BROWN) PROJECT DESIGNATION SIGN