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HomeMy WebLinkAboutContract 54490Ce'tY SECRF-TARY CONTP,AM NO. FORT WORTH PROJECT MANUAL FOR 2020 ON -CALL PAVEMENT MARKINGS CONTRACT ��c8ftz) CEP 16 2020 nap Betsy Price David Cooke Mayor City Manager William M. Johnson Director, Transportation and Public Works Department Prepared for The City of Fort Worth Transportation and Public Works Department 2020 4/15/2020 w OFFICPAL 00 00 10- 1 TABLE OF CONTENTS Page 1 of 4 1 SECTION 00 00 10 2 TABLE OF CONTENTS 3 4 Division 00 - General Conditions 5 0005 10 Mayor and Council Communication 6 0005 15 Addenda 7 00 11 13 Invitation to Bidders 8 0021 13 Instructions to Bidders 9 0035 13 Conflict of Interest Affidavit 10 0041 00 Bid Form 11 00 42 43 Proposal Form Unit Price 12 0043 13 Bid Bond 13 00 43 37 Vendor Compliance to State Law Nonresident Bidder 14 001 1 45 A 4 Bidders Pre alificat ones 15 0045 12 Weg=aalifleatien StatemefA 16 17 00 45 26 Contractor Compliance with. Workers' Compensation Law 18 00 45 40 Minority Business Enterprise Goal 19 00 52 43 Agreement 20 0061 13 Performance 21 0061 14 Payment Bond 22 0061 19 Maintenance Bond 23 00 61 25 Bond Certificate of Insurance 24 00 72 00 General Conditions 25 00 73 00 Supplementary Conditions 26 27 28 Division 01 - General Requirements 29 01 11 00 Summary of Work 30 01 2500 Substitution Procedures 31 01 31 19 Preconstruction Meeting 32 01 31 20 Project Meetings 33 O1 32 16 Construction Progress Schedule 34 01 3233 Preconstruction Video 35 01 33 00 Submittals 36 01 35 13 Special Project Procedures 37 01 4523 Testing and Inspection Services 38 01 5000 Temporary Facilities and Controls 39 01 55 26 Street Use Permit and Modifications to Traffic Control 40 01 57 13 Storm Water Pollution Prevention Plan 41 01 58 13 Temporary Project Signage 42 01 60 00 Product Requirements 43 01 6600 Product Storage and Handling Requirements 44 01 70 00 Mobilization and Remobilization 45 01 7123 Construction Staking 46 47 01 7423 Cleaning 48 01 77 19 Closeout Requirements 49 01 78 23 Operation and Maintenance Data CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 00 00 10- 2 TABLE OF CONTENTS Page 2 of 4 I 01 7839 Project Record Documents 2 3 4 5 Technical Specifications which have been modified by the Engineer specifically for this 6 Project; the following hard copies are located at 7 https://apps.fortworthtexas.gov/ProjectResources/ 8 9 Division 02 — I0 Existing Conditions 11 0241 13 Selective Site Demolition 13 0241 15 Paving Removal 14 I5 Division 03 — Concrete 16 033000 Cast I Place Goner -et 17 03 34 13 GofitTolled Low Strength Material (CLSM) 18 5334 16 G ,, r + Base n r +,,; 1foF r, 1, n p,,r 19 03 8000 M di fie.,tions t Existing G,,ne fete ctr-uet ro� 20 21 Division 26 - Electrical 22 260500 Common Work Results for Electrical 23 2605 10 Demolition for Ele +r; a1 Systems 24 260533 iiae&Affy-aintrBOX—eS €9r E'leoti:ieal Systems 25 26-05 43 T T,,,a,,..,..., tied n,,,.+s and A.,,,,,,, ays f ,.E1,,,,tFiea syst. ms- 26 27 Division 31- Earthwork 28 3-1 1000 Site Clearing 29 30 34z-z3 13erfow 31 32 31 25 00 F,,esion ,,,,,a c,,,a;.-.,,,nt n,..,tr-o 33 313600Gabions 34 313700 Riprap 35 36 Division 32 - Exterior Improvements 37 32 „t Asphalt It n.,ying nepa 38 32 01 1-- 18 Tufltpviui-y Asphalt Paving Repai 39 320129 G vzere+ePaving avpap r 40 32 1123 Flexible Rasa G,,ufse� 41 321129 Lime e Treated Base G.,,,rn� 42 32 411-3.3 Gement Tfeated Base rG 43 32 12 16 Asphalt n.,l—g 44 32 1273 Asphalt halt n -yin g Gr-a .v Sealant 45 32713 13 P a ping 46 32 1320 �ezxe Get 11 Tl and B , ie Free Ramps B? Rce"VSFu�.ta� v� ay �s mpg 47 32 1373 C,,, e fete Paving jaint Sealant� 48 32 14 16 Brick _r nit Pavan 49 32 4 6z3 r oner t r-,,,.t, :a ra„oars .,,,,1 Valle„ rr„ttar� 50 32 1723 Pavement Markings CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 00 00 10- 3 TABLE OF CONTENTS Page 3 of 4 1 32 1723.13 Painted Pavement Markings 2 32 17 23.23 Raised Pavement Markings 3 32 17 23.33 Plastic Pavement Markings 4 32 331 13Chain— LinkTellsesand gates 5 32 3126 Wife-Fenees and Gates 6 323129 Wood 1;ences and Gate 7 3232 13 Cast in Place Concrete Retaining Walls 8 3291T Topsoil nl,,,,,,,. ent and 1 inis1,;,,g of-P ,wI,,,.ays 9 3:2 92 43 H .d,- Mulching, ing Seeding, and Sodding 10 3293 43 T-Fees .,,, d 51,, ubs 11 12 Division 33 - Utilities 13 33 0130 Sew,,f and Manhole Testing 14 33 0131 Closed Circuit Television(GGT-V) inspe .tio 15 33 03 10 u..,-.ass D,,,.,pi of Existing 5,,., e f Systems 16 33 nn 10 r,.;., Bandingand eet-rieal lselatien 17 33 04 '� 1 Gaff siefl-Gettroj Test State 18 33 nn 12 Magnesium Anode G thodie Pfoteetio Syste 19 33 04 30 — Temporary ;:'titer Services 20 33 04 40 Cleaning and A , ,-.+.,nee Testing f W t,,,.1„rains 21 333-05 110 Wti4y TTeneh Exea-vutieirEmvedmefit, Tarn vaek 22 23 33-05 3 Frame, Goye,. ,,d Grade Rings 24 , and Other, Structures to Grad 25 33 05 16 Gonefet W. 4e f Vaults 27 33 0520 Anger- Bof-iffg 28 33 0521 Tunnel miner Plate 29 330522 Steel Gasiiig Pip 30 33-05 23 Hand T,,,,,.eli , 31 33-05 24 Installation of Carrier Pipe ,. Casingr Tunnel Liner r Plat 32 33 05 26 Utility Markers/Locators 33 33 0530 Exploratory Excavation for Existing Utilities 34 35 33 l 1 11 Duet;le rre Fittings 36 33-1 1. 12 -- Polyvinyl_!`_hleride (VVG_Lp e Pip 37 32 1z13 Gonwete Pressure Pipe Bar- Wrapped Stool Cylinde f Typ 38 33 11 14 Buried Steer Pipe .,,-.d Fittings 39 33 12 10 W tee 5,,,..,iees 1 ineh t 2, e 40 33 1211 Lafge water- Meters. 41 33 12 20 ResifieH4 Se ted G4e VaWe 42 33 1221 A WNVA Rubber Seated glues, 43 33 1225 Connection to Existing Water Mains 44 33 1230 Combination Air Valve Assemblies for Potable W.,ter Sysle,,,� 45 33 1:2 40 Dry Barrel Fire Hydrants 46 331250 Water Sample Stations 47 33 12-60 Blo,.�,-eff ,ayes 48 49 33 31 13 Fibe f. lass 17ein f reed Pipe f !"_FHVit c.,..;taFy ce.,.e, 50 33-31 5 unn>~ Pipe For Sanitary Sewers (Gravity and Fe fee Aron) CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 00 00 10- 4 TABLE OF CONTENTS Page 4 of 4 1 33 3i 2-+J:flRR�!l7ffStTai Polyvinyl + GAMAbinatien AiF VaWe fbF Sanitafy SeweF Fofee Maifis 7 33 + 10 8 33 • + Precast +Fiber-glassManholes 10 33 3940 Wastewater 11 33 _+ 13 33 41 11 "DPP etafm Sewer- Pipe 14 33 4600 Sub df:aiiiage 15 33 4601 Sleeted Stern, Drains 16 33 4602 Trench Drains 17 33 4 10 Cast in -Plaee Manholes,d Junetion Boxe 18 334920 CHFb ,,,,a Dr-ep Wet 19 20 21 Division 34 - Transportation 22 34 41 10 Traffic c s ,.nats 23 3441 43 Remo;+ Tra1Tie Signals, 24 14 4t1 2$ Roadway illumination A seniblie� 25 34 41 3 0 Aluminum Signs. 26 3471 13 Traffic Control 27 28 Appendix 30 31 GC 4.04 Undefffound Faeilitie 32 33 GC-6.06.D Minority and Women Owned Business Enterprise Compliance 34 Gi 6.07 garage mates 35 GC 6.09 T7o,-mits and Utilities 37 E 001 Davis con A 38 F 02 Fait r be f cis Act 39 F03 Gopolmid A e4 40 F 04 Contract Work Hours Safely (PAIRS" 41 END OF SECTION CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised April 2, 2014 0005 l0 - 1 MAYOR AND COUNCIL COMMUNICATION (M&C) Page I of I I SECTION 00 05 10 2 MAYOR AND COUNCIL COMMUNICATION (M&C) 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 END OF SECTION CITY OF FORT WORTH 2020 On Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 M&C Review Page 1 of 2 CITY COUNCIL AGENDA DATE: 8/11/2020 REFERENCE **M&C 20- NO,: 0527 Official site of the City of Fort Worth, Texas 20ON-CALL PAVEMENT LOG NAME: MARKING UNIT PRICE CONTRACT CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Execution of a Unit Price Contract with TRP Construction Group, LLC in an Amount Not to Exceed $1,500,000.00 for Task Order Construction Services for Projects Relating to Pavement Marking (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council authorize execution of a unit price contract with TRP Construction Group, LLC in an amount not to exceed $1,500,000.00 for task order construction services for the installation of pavement markings, with up to two renewals. DISCUSSION: This contract will provide for construction services on an as -needed (task order) basis for projects related to pavement marking installations. Pavement marking projects include long lines, short lines, intersections, and school zones to improve overall traffic and pedestrian safety within the City limits of Fort Worth. The contract amount is capped at $1,500,000.00. The initial contract term is one year and may be renewed up to two (2) additional terms upon the earlier expiration of contract time or funds under the same terms, conditions, and unit prices. The project was procured in a low bid format to determine unit prices to be paid when task orders are issued. Notice of bids was published in the Fort Worth Star -Telegram on April 23, 2020 and April 30, 2020. On June 4, 2020, three companies submitted the following bids: CONTRACTOR BID TRP Construction Group, LLC $1,041,939.50 Total Highway Maintenance, LLC $2,132,808.50 Striping Technology, L.P. $1,687,428.00 The unit prices were compared to similar projects and were determined to be fair and competitive. Task orders will be paid at the established unit prices. Projects identified initially include: East Altamesa Blvd; IH-35 to Oak Grove Road; N Main Street; Long Avenue to Saginaw City Limit; and James Avenue; Seminary to I1-1-20. This contract is paid with available City pay -go funding. TRP Construction Group, LLC is in compliance with the City's BDE Ordinance by committing to 01% MBE participation and documenting good faith effort. TRP Construction Group, LLC identified several subcontracting and supplier opportunities. However, the firms contacted in the areas identified did not respond or did not submit the lowest bids. The City's MBE goal on this project is 51%. FISCAL INFORMATIONICERTIFICATION: The Director of Finance certifies that funds are available in the current capital and operating budgets, as previously appropriated, in the various capital and operating funds to support the approval of the above recommendation and award of the contract. Prior to any expenditure being incurred, the http://apps.cfwnet.org/council_packetlmc review.asp?ID=28096&councildate=8/11/2020 8/14/2020 M&C Review Page 2 of 2 Transportation and Public Works Department has the responsibility to validate the availability of funds. Fund Department Account Project Program Activity Budget Reference # Amount ID ID _, Year (Chartfiold 2) FROM _ Fund Department Account Projoct Program Activity Budget Reference # Amount ID ID Year (Chartfield 2) Submitted for City Manager's Office by: Origin atingDepartment Head: Additional Information Contact: ATTACHMENTS Map E Altamesa Man REP8441026.0 Map James Ave REP8442163.pdf Map N Main Map REP8443461.pdf Dana Burghdoff (8018) William Johnson (7801) Tanya Brooks (7861) http://apps.cfwnet.org/council_packetlmc_review.asp?ID=28096&councildate=8/11/2O20 8/14/2020 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 0005 15- 1 ADDENDA Page i of l SECTION 00 OS 15 ADDENDA END OF SECTION CITY OF FORT WORTH 2O20 Ou-Call Pavement Markings Safety Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 3 4 5 6 7 8 9 10 ll 12 13 ld 1.5 Iis 17 Is 19 2a 22 13 24 25: 25. 27 28 79 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45' 46 47 48 49 50 51 5.2 53 M"'_ / /__ �_ SECTION 00 65 IS 051221 020 AD EMDUM No. ] 2020 11-imlI NvEulant JW1iP-MngJ8 Cnntrocfi City Frajcot J 02 455 AddrMdLim N&. l Inue Mte. May 24, 2C30 Bid Rmc[pt We, May 28, 2020 oo cL515 - r ADDENDA Page J uCP +CU TON L.'HDCIVER' 1.1.7178 This addenduiil - imt pot# of tho Contract Dncurnanxs uefelwud above Bud modifios thn 0 dg no I Con#ract Doc►imwfts. Acknowledge the racefpt of I h i s Addendum by sianing in the space hiiiew and a tu%hin911 To the Contact DcKuments Gnsidpj. Plots receipt of this Addendum in the B i d Ili opos,i1 and on the auzer e•,nvalope ofyqur bid. Please note, also, (Iml t11a link far the, 2020 Gn-call Pnvc rakent M larking Contract Is 10000d at: aJ r ,.Cf� U, rrtad�slt.cnmisl�r�ra�l�ci��e e-a fi-�l -b 3-cecode9clfb4 The iink to the aty Webslut for Aindu d Specifjcatform. Dmits, and DraWinp ar, located a3fi httn5)11kl1jlps,l'ar[w❑rth€exms.zcwAProitct SyuCc. 1, Suny�rtn�}�ffirPi�c-13idi4�cetfugr4ntk(�orkfl'll+�t4l'�IiestlOzls: Aj k r}ptianaI per,-Nd m"ring wns IAd onfinc on T7uu;a ky, May 7, 2020 4t 1:00 Pal, A I1st ¢f titc invitCe9 nre nttaulled iilung NO 1i rlke pjiesournt[Qn- The City dasoavfbud the avevi[I ivrew oft]Le pnaject and que-5rfons ym1e ECIded nlooW Lviklr e=LSLniled questlam, A parnphrasod 8iirt imry ofquestJon& is provided beduw: Question: Is tbeve nu MB6, Goal on.th4 pr'ojneff Tli13serdQM svnu IDft blrLrtlr in aetion 00 45 40. kuwL'r: TI1G MJ99 goal for No piti6aU M Plans on $octfori 00 4540, Qumstion: Jr IJig xvua'k nrdei• nJObJLiZxJiall ifern Pi1tit eskQtl tikno %Va rpobOlze off' is this itam paid n Iunip.,;amx.inaunt unc tinio7 Ailwor: Muhiltxatlan is paid lJnscit On work ardnr val Lie With umf]r 4yoi-k ui-dtr. Rw ips Vary FruLn $0425,000; 125,000450.000; $50,0M - $150,000: $150.000 - S3OD,QW; mW $300,000 - MUM P1CasG refsmoe revised l�L-opasnl Frrm 00 V 43. ullestioie: What borid iug i"iiivepis" ta�are i�eguit-ed for this hilt pJ..OTr08J317 AfmwcF: Tlke wrltrai�tor Inns! peuvide kk bid 1 orkd nL ilia tine afbid- TJso1it} Ixrltod is vAutd at 5 oFJha bid. Tlsa uomisnuy Jelffirm hied to bu tine IOw bildcr 15 Iyzcltiired to 5e01IM the Ahtrrao-l1k'i+Lle bond Ing which typirmtly lnuludies n pnyracnt bond, poribrinance bard Lied R rnLLinte.[ Sauce bond ns.pu the contr ict. Ftt%iO ne€ea cncc SprciJwulit+kr Sctlom.00 43 1 � 13Id Bolids; 00 61 13 Fccfari��enan Bond; 00 0 t 14 Nywant 19ond; 00 61 1.9 M(tinuinsrice florid, 9, rdadiffcationstoSpecificpfiorm: a. It�vfJ,sks 5''tfr��' flip ;!� �� Pfi��osrrf F�r�rt — C3�JJIr �l�r� f�r�dJ1 l,56 iYr�J & (,7�ter Jlafobr���li��; Add Unm {51-161 1Iror'k urdw-inflbrlrvealkuix$0=MM0, $25,0(}0-M.000: S50,000- $ I WPOQO; $150.000-Saoo.000; Lind �300.000-$500.000 CJ:ry pF FM-r V OR-7_i I) Un CLill 'IbMrt M:lna�jonuna Ekl.ual and Arnighbnrh¢ad Saiety Ctanfoat t fir' A-NDAEWCOK+ iMIJCTINSPEL'1FICAMFDoCt1MEN-rS 1[9*0 Ju�y 1, 201 J do06As-2 ADDENDA P,wsat2 1 K Ike visE .Sek.°(Im 60 f. dD r d it 'Irpr! t I-r/lref -5,9 gwIptuMiinge, 2 c, Anil Secfioix 0) 70 00 Mobilr-riftort I 4 3 6: 7 II 12' 13 14 1.5 16 17 18 19 20 21 0PPV 012 FORT WORTH 2MG-Dn-C21[ TraffcMealloment ScIfoo1 End Nrs ighhorhood S¢rety Cartrsd STAM)ARD C{Nd91'RLJ MOV 2iia `ipiCArn T obetrmENTs, RavL"tidJttlp I, -loll 3� 5 G J 9 !1 12 13 14 t5 16 17 is 19 20 2l 22 23 24 2� 26 7 29 29 39 31 32 33 34 35 36 37 31� 39 40 41 42 43 44 45 4� 47 48 49 50 51 & Z- / 4k- SECTION 00 05 15 5128)202(1 ADDEI]DLi•N: No. 7 3020 C}st-cell YRvemenf I iwkino'Ccntract City Pnjwt 102455 Adds ndum No. 2115iro Dqtv 1VIq W. 702U Bid RccciptDatc, Rim,4, UO05'15- ADDENDA Pqe J (if) 7Uz a ddendiim tbrms part csflhi;.Contmri Dta#.unxmts rafc1'rmc'd fibovr• and modi#ie:k tho 01'19inul C4rfiAct Dormmonrsi. AaknoWfedge the reooipt of#ii. s Addendutn by signing in the sgao} below and �3ttaaMog It to tiro Cordroae P-munients (,inside). Nato reeolpt ofthia Addendum fn they �3id PruposO and on the -outer anvolupa of y0or bid, P[c; osc note, wWr they the link for th!a 202C] On-eaJI Pa)wnerif Mnaldiig onrrat)t Ls Ionnwd a. lrlfps;lldoo. 60,11utodesle_caanfshrms 2rT2c0ac-c976-b[9L;&kc„ fb The link lto tWCIty Wabsite far SferLdoL-dl 9pec[t1c flLirls, 1)4alls, and Diykwlrlgs al'e Joc-Ated at; i�Ftlax:lfAllrl. , tt�iarrihtexas.�❑vlPraiootRosau� i. 5ltrnrumry nfPre-Sr'd 11 oflrig;Fklld CopitrAcier Qu" lo", An opit ori>11 pl'o-Wd wLv-l'ir)9 wri4 held oii11m on Thursday, M-.fy 74 2112d of [:1)0 PM. A I Iat aF1hr. invIts;es ZM aLtt�lchr..d rLlnlig %Y t.h IJLd pregontririi}n, The City do3arlbrd iH3 avrralJ ill lcil of Qu pa3Jacl stud rliImsfiolkE jVPM �Jrklcd Afejog WIt11 E-ax Wed quwric s. A pukplirmed 13e1{aw; ArlddTidg i I Que.9floms and Ric -"ones: Q11rr IGIIr Js-th'erL= nn 117.8E GtmI ra11 tills 1)r'ojf 0? Th16 S601011 wvo& keff b1aaJ1Iit Section Ofl 45 40_ Anwen 'T'[1e METE goal for [itii-.; prigs:( is 1%. Pfvna .- ri�r=%ciir,o FrCailar rliirrri Sv.,0011 00 +13 40. Qucstlon: Is llie tiuflrlt order mobil imfion [tarn pal "'cb #fine eve mohlll a}{ U this i[errL pnirl n lurrrp slam ADIPi.lnf Oita 3111E? Answor': Mu1111izmdua is priid bailed ore worst urxiar vghi0. w NP rarb k, pork rtrdor. Ran g %,MLy fi-nm �0-$2%0GO. W5,400450,00U, 55OpGfJ0 - X I50p0Q0: S 150,0b17 - ,s�16,000; 7i r SM0.000-S5(i[1,{1GO, Plewwmfexisfae mv[sed JPolopnsaI Farm 00 42 43_ f rl fln a: WIsat banding i'egLLironion ts Arn rag ialred roe t1j99 b14 propossV/ A nswar: 1'I1C r:s Iril'0cfiflF IIIMt ps+ov]dU 8 bid band at Ifir IImc r #f bid. Thr: bi{I liand is VP#11Ird Hr S% ryFthE bid_ 'i hr aarnpRny dniarminrvrl to bn the Js?1v birldr-r in requii-ed to geaure tha apPrupLiata i onding whivlr typJcc[1y Inrt[udcA a peyment bDnd, peiformmnor lJorid awl H Ialniitleiterrci� band 119 13er tiLE coof.-Wt_ Flenge rofer:eocc Specii-rca#ion Eeclivlts 00.43 l3 Bid 13ciods; 00 & [ [ 3 Performance Bond; 00 61 14 Payniant Bnnd: 00 61 14 MaintauFiwv Rand CrTY OF MRT WE19]*T 2-020 On-(,ali Yrn ffic hfanngga.rnt School and Neighborhood NOW C numt 4TANDARD L`Ls-n1TUlL'TU 9 DUCUMENTi , Fj-'rdsed'r01Y 1, 2#11 {A7 Q4 15 - 2 A F)T -N DA Fagc 3 at'3 1 A171tICILdurn 2 Clneff(gys'-i9nd Rcaprdimp 2 .Question; 191d ffarras 115, 86 aria[ 101 Rio II al helve quFiji Wics, Ar'e. These ftflms to be 3 exclwind IIa the lied ktbntimiun? 4 S' Ar3SWOF: 13fd Jrelns $5, 84, pnd 10T umvbrivc quo nfilia5'Lided alid are to Ire inatuded frr 6 t])e frvnjeoi bid- 7 8 �aai7 pt: 171r t't,VIS rf J'JI-up om3J form rrnd fJJI of ilia 111c1 Itbllm twIJT f3nTy pOni on 1 pnge, 9 1.1aw wJII It - le 11HLIt on A,- V19 P9I PAges f o Inc IrgJ110 10 11 Air iiFiyo-':: The Wd farm can Oa gViltfe,I Vir1 IVIJCTUSUJ} ENVef_ SeJ1261 "PVTRC,� I-f11dorlfttiiIg: 12 select "t 41it SolecflojM,` ScIerr (Inircd p per'siFe, ihvn 9Ef(-ar "fir nII c6furiftls 13 an 0118 Pngn,j' 14 Is 2. MoLifi lcHfim s to SperlfinaHcius: 15 rl, Ravist Sectfi r 60 42 43 PPOpawl Fnl'Irt — Omit fine ifarpf 156 ?VrA Jr 0)-dw- Mabiflwflan., 17 Ae-IffLiars197-16-1 warkorrlt?+- mob i&t 11fr1ns304 5,000;52S,�I1•"�5il,UUG:$.50.000- iFJ $150,00D; $150,000-834U,d00; Di Id $100,00".100.00t1 19 b, Revise .salmi W 4-5 40 rfJlrrcfinel fo-I.,qflevI5%,guaf peoDeaf;rage. 20 v, Add,Specrficailan &cerwi 01 70 00 M&I14rt1rmr 2.1 d Revise 13id opnnJng data to June 4" 7020 23 2d �5 27 2$ $$ s4 31 3� 31 3.4 35 36. f-7TY OF. MFLT WORTl-2 2O2O i]n-CaI I TniiTo MIAk,J6:ddeerit 9oHuor-eud NafghkurflWd &(NY C011hot STATJi]J4RD CONSTRUC'T(ON M3E;012KIAVON DOCUMENTS TS Revised hRy J, 210I I 41a{i5 i5-3 ADDENDA pajr- 1 of3 A END Off' SEC 'ION CerY'Op pmT wortil3 2020 Oli•CMI! Mnffi ECJNtnt SCIW1314�d NAr�?ihpi�dnd�r�ly. CpRifruct ;;TANDARQCOMTRii4'-T[CMRIX.IPICA,riDN ixKk f mcHT�; Rav:scd futy 1, U I I 00 11 13 INVITATION TO BIDDERS Page I of 3 SECTION 00 It 13 114VlTAT1ON TO BIDDERS RECEIPT OF BIDS Due to the COVID19 Emergency declared by the City of Fort Worth and until the emergency declaration, as amended, is rescinded, sealed bids for the construction of 2020 On -Call Pavement Markings Contract ("Project") will be received by the City of Fort Worth Purchasing Office until 1:30 P.M. CST, Thursday, MAY 28, 2020 as further described below: City of Fort Worth Purchasing Division 200 Texas Street Fort Worth, Texas 76102 Bids will be accepted by: 1. US Mail at the address above, 2. By courier, FedEx or hand delivery from 8:30-1:30 on Thursdays only at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102. A Purchasing Department staff person will be available to accept the bid and provide a time stamped receipt; or 3. If the bidder desires to submit the bid on a day or time other than the designated Thursday, the bidder must contact the Purchasing Department during normal working hours at 817-392-2462 to make an appointment to meet a Purchasing Department employee at the South End Lobby of City Hall located at 200 Texas Street, Fort Worth, Texas 76102, where the bid(s) will be received and time/date stamped as above. Bids will be opened publicly and read aloud at 2:00 PM CST in the City Council Chambers and broadcast through live stream and CFW public television which can be accessed at http://fortwotititexas.gov/fwty/. The general public will not be allowed in the City Council Chambers. In:addrtion in lieu .of.delivering_completed,MBE forms for.:the prolectto he:Ptirchasing Office, biddets shah e-mail the com'pleied MBE forms to the City Project Manager no later:than 22:00 p,in;.on the second City`business day after the bier opening date; exclusive af#lre bid opening date, GENERAL DESCRIPTION OF WORK The major work will consist of the (approximate) following: The Contractorshall furnish all materials, labor, equipment, transportation, insurance, permits and otherservices necessary fora complete installation of pavementmarking for City of Fort Worth Transportation and Public Works Department. The contractor shall provide services for City roadways and right of way per the attached specifications. Performance for any services described herein will be initiated upon acceptance by the Contractor of a work order having the authorizing signature of the Project Manager prior to commencing work at the site. Contractors will not perform against this agreement without first having received an official City of Fort Worth work order, except in emergency cases as detailed below. CITY OF FORT WORTH 2O20 Pavement Markings Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101838 Temporarily Revised April 6, 2020 due to COVID]9 Emergency 0011 13 INVITATION TO BIDDERS Page 2 or3 All pavement marking and removal services except detour marking include traffic control devices and related costs. All traffic control methods utilized by the Contractor shall rnectthe most current requirements as specified by the FHWA in the "Texas Manual on Uniform Traffic. Control Devices (TMUTCD) for Streets and Highways" and/or subsequent amendments. PREQUALIFICATION N/A DOCUMENT EXAMINATION AND PROCUREMENTS The Bidding and Contract Documents may be examined or obtained on-line by visiting the City of Fort Wolth's Purchasing Division website at http://www.fortwortlitexas.gov/purchasing) and clicking on the link to the advertised project folders on the City's electronic document management and collaboration system site. The Contract Documents may be downloaded, viewed, and printed by interested contractors and/or suppliers. Copies of the Bidding and Contract Documents may be downloaded from https:fdocs b360 autodesk.comfprojects/dff9c3af-0699-4299-af23- 1 e9956385633/folders/urn: adsk.wipprod: fs.folder: co. fASX9MHVSJ0S7iSOFxmzMA: The cost of Bidding and Contract Documents is: N/A Set of Bidding and Contract Documents with full size drawings: N/A Set of Bidding and Contract Documents with half size (if available) drawings: N/A PREBID CONFERENCE A prebid conference may be held as discussed in Section 00 21 13 - INSTRUCTIONS TO BIDDERS at the following date, and time via a web conferencing application: DATE; Thursday, May 7, 2020 TIME: 1:00 PM If a prebid conference will be held online via a web conferencing application, invitations will be distributed directly to those who have submitted Expressions of Interest in the project to the City Project Manager and/or the Design Engineer. The presentation given at the prebid conference and any questions and answers provided at the prebid conference will be issued as an Addendum to the call for bids. If a prebid conference is not being held, prospective bidders can a -mail questions or comments in accordance with Section 6 of the Instructions to Bidders referenced above to the project manager(s) at the e-mail addresses listed below. Emailed questions will suffice as "questions in writing" and the requirement to formally mail questions is suspended. If necessary, Addenda will be issued pursuant to the Instructions to Bidders. CITY'S RIGHT TO ACCEPT OR REJECT BIDS City reserves the right to waive irregularities and to accept or reject bids. AWARD City will award a contract to the Bidder presenting the lowest price, qualifications and competencies considered. INQUIRIES CITY OF FORT WORTH 2020 Pavement Markings Unit Price Contract sTANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101838 Temporarily Revised April 6, 2020 due to COVIDI9 Emergency 00 11 13 INVITATION TO BIDDERS Page 3 o1 3 All inquiries relative to this procurement should be addressed to the following: Attn: Quenell Johnson, P.E., City of Fort Worth Email: Quenell.Johnson@fortwortlitexas.gov Phone: 817-392-8618 AND/OR Attn: Lawrence Hill, City of Foil Worth Email: Lawrence. Hill c@fortworthtexas.gov Phone: 817-392-2637 EXPRESSION OF INTERSEST To ensure bidders are kept up to date of any new information pertinent to this project or the COVIDI9 emergency declaration, as amended, as it may relate to this project, bidders are requested to email Expressions of Interest in this procurement to the City Project Manager and the Design Engineer. The email should include the bidder's company name, contact person, that individuals email address and phone number. All Addenda will be distributed directly to those who have expressed an interest in the procurement and will also be posted in the City of Fort Worth's purchasing website at littp://foi-tworthtcxas.gov/pLirclasing/ PLAN HOLDERS To ensure you are kept up to date of any new information pertinent to this project such as when an addenda is issued, download the Plan Holder Registration form to your computer, complete and email it to the City Project Manager. The City Project Manager and design Engineer are responsible to upload the Plans Holder Registration form to the Plan Holders folder in BIM360. Mail your completed Plan I Iolder Registration form to those listed in INQUIRIES above. ADVERTISEMENT DATES April 23, 2020 April 30, 2020 END OF SECTION CITY OF FORT WORTH 2O20 Pavement Markings Unit Price Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENT CPN 101838 Temporarily Revised April 6, 2020 due to COVIDI9 Emergency 0021 13 - 1 INSTRUCTIONS TO BIDDERS Page I of9 1 SECTION 00 2.113 2 INSTRI 1CTIONS TO BIDDERS 3 1. Defined Terms 4 5 1.1. Terms used in these INSTRUCTIONS TO BIDDERS, which are defined in Section 00 72 6 00-GENERAL CONDITIONS. 7 8 1.2. Certain additional terms used in these INSTRUCTIONS TO BIDDERS have the 9 meanings indicated below which are applicable to both the singular and plural thereof. 10 11 1.2.1. Bidder: Any persona, firm, partnership, company, association, or corporation acting 12 directly through a duly authorized representative, submitting a bid for performing 13 the work contemplated under the Contract Documents, 14 15 1.2.2.Nonresident Bidder: Any person, firth, partnership, company, association, or 16 corporation acting directly through a duly authorized representative, submitting a 17 bid for performing the work contemplated under the Contract Documents whose 18 principal place of business is not in the State of Texas 19 20 1.2.3.Successful Bidder: The lowest responsible and responsive Bidder to whom City 21 (on the basis of City's evaluation as hereinafter provided) makes an award. 22 23 2. Copies of Bidding Documents 24 25 2.1.Neither City nor Engineer shall assume any responsibility for errors or misinterpretations 26 resulting from the Bidders use of incomplete sets of Bidding Documents. 27 28 2.2. City and Engineer in malting copies of Bidding Documents available do so only for the 29 purpose of obtaining Bids for the Work and do not authorize or confer a license or grant 30 for any other use. 31 32 3. Prequlalification of Bidders (Prime Contractors and Subcontractors) 33 34 3.1. All Bidders and their subcontractors are required to be prequalified for the work types 35 requiring prequalification at the time of bidding. Bids received from contractors who are 36 not prequalified (even if inadvertently opened) shall not be considered. Prequalifcation 37 requirement work types and documentation are as follows: NIA 38 39 40 3.2. Each Bidder unless currently prequalified, must be prepared to submit to City within 41 seven (7) calendar days prior to Bid opening, the documentation identified in Section 00 42 45 11, BIDDERS PREQUALIFICATIONS.NIA 43 44 3.2.1. Submission of and/or questions related to prequalification should be addressed to 45 the City contact as provided in Paragraph 6.I.N/A 46 47 CITY OF PORT WORTH 2O20 On -Call Pavernenl Markings Contract STANDARD CONSTRUCTION SPECR'ICA"rION DOCUMENTS Revised January 30 2017 002t 13-2 INSTRUCTIONS TO L3ID1lER5 Page 2 of 9 1 3.3. The City reserves the right to require any contractor who is the apparent low bidder(s) for 2 a project to submit such additional information as the City, in its sole discretion may 3 require, including but not limited to manpower and equipment records, information 4 about key personnel to be assigned to the project, and construction schedule, to assist the 5 City in evaluating and assessing the ability of the apparent low bidder(s) to deliver a 6 quality product and successfully complete projects for the amount bid within the 7 stipulated time frame. Based upon the City's assessment of the submitted information, a 8 recommendation regarding the award of a contract will be made to the City Council. 9 Failure to submit the additional information, if requested, may be grounds for rejecting 10 the apparent low bidder as non -responsive. Affected contractor will be notified in I 1 writing of a recommendation to the City Council. 12 13 3.4. In addition to prequalification, additional requirements for qualification may be required 14 within various sections of the Contract Documents. 15 16 17 4. Examination of Bidding and Contract Documents, Other Related Data, and Site 18 19 4.1. Before submitting a Bid, each Bidder shall: 20 21 4.1.1. Examine and carefully study the Contract Documents and other related data 22 identified in the Bidding Documents (including "technical data" referred to in 23 Paragraph 4.2. below). No information given by City or any representative of the 24 City other than that contained in the Contract Documents and officially 25 promulgated addenda thereto, shall be binding upon the City. 26 27 4.1.2. Visit the site to become familiar with and satisfy Bidder as to the general, local and 28 site conditions that may affect cost, progress, performance or furnishing of the 29 Work. 30 31 4.I.3. Consider federal, state and local Laws and Regulations that may affect cost, 32 progress, performance or furnishing of the Work. 33 34 35 36 4.1.4. Study all: (i) reports of explorations and tests of subsurface conditions at or 37 contiguous to the Site and all drawings of physical conditions relating to existing 38 surface or subsurface structures at the Site (except Underground Facilities) that 39 have been identified in the Contract Documents as containing reliable "technical 40 data" and (ii) reports and drawings of Hazardous Environmental Conditions, if any, 41 at the Site that have been identified in the Contract Documents as containing 42 reliable "technical data." 43 CITY OF FORT WORTH 2O20 Ott -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13 -3 INSTRUCTIONS TO BIDDERS Page 3 of9 1 4.1.5. Be advised that the Contract Documents on file with the City shall constitute all of 2 the information which the City will furnish. All additional information and data 3 which the City wi 11 supply after promulgation of the formal Contract Documents 4 shall be issued in the form of written addenda and shall become part of the Contract 5 Documents just as though such addenda were actually written into the original 6 Contract Documents. No information given by the City other than that contained in 7 the Contract Documents and officially promulgated addenda thereto, shall be 8 binding upon the City. 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4.1.6. Perform independent research, investigations, tests, borings, and such other means as may be necessary to gain a complete knowledge of the conditions which will be encountered during the construction of the project. On request, City may provide each .Bidder access to the site to conduct such examinations, investigations, explorations, tests and studies as each Bidder- deems necessary for submission of a Bid. Bidder must fill all holes and clean up and restore the site to its former conditions upon completion of such explorations, investigations, tests and studies. 4.1.7. Determine the difficulties of the Work and all attending circumstances affecting the cost of doing the Work, time required for its completion, and obtain all information required to make a proposal. Bidders shall rely exclusively and solely upon their own estimates, investigation, research, tests, explorations, and other data which are necessary for full and complete information upon which the proposal is to be based. It is understood that the submission of a proposal is prima -facie evidence that the Bidder has made the investigation, examinations and tests herein required. Claims for additional compensation due to variations between conditions actually encountered in construction and as indicated in the Contract Documents will not be allowed. 4.1.8.Prornptly notify City of all conflicts, errors, ambiguities or discrepancies in or between the Contract Documents and such other related documents. The Contractor shall not take advantage of any gross error or omission in the Contract Documents, and the City shall be permitted to make such corrections or interpretations as may be deemed necessary for fulfillment of the intent of the Contract Documents. 4.2. Reference is made to Section 00 73 00 --- Supplementary Conditions for identification of: 4.2.1.Those reports of explorations and tests of subsurface conditions at or contiguous to the site which have been utilized by the City in preparation of the Contract Documents. The logs of Soil Borings, if any, on the plans are for general information only. Neither the City nor the Engineer guarantee that the data shown is representative of conditions which actually exist. 4.2.2. Those drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site that have been utilized by the City in preparation of the Contract Documents. CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 002113-4 INSTRUCTIONS TO BIDDERS Page 4 of 9 4.2.3.Copies of such reports and drawings will be made available by City to any Bidder on request. Those reports and drawings may not be part of the Contract Documents, but the "technical data" contained therein upon which Bidder is entitled to rely as provided in Paragraph 4.02. of the General Conditions has been identified and established in Paragraph SC 4.02 Supplementary Conditions. Bidder is responsible for any interpretation or conclusion drawn from any "technical data" or any other data, interpretations, opinions or information. 9 4.3. The submission of a Bid will constitute an incontrovertible representation by Bidder (i) 10 that Bidder has complied with every requirement of this Paragraph 4, (ii) that without I I exception the Bid is premised upon performing and furnishing the Work required by the 12 Contract Documents and applying the specific rneans, methods, techniques, sequences or 13 procedures of construction (if any) that may be shown or indicated or expressly required 14 by the Contract Documents, (iii) that Bidder has given City written notice of all 15 conflicts, errors, ambiguities and discrepancies in the Contract Documents and the 16 written resolutions thereof by City are acceptable to Bidder, and when said conflicts, 17 etc., have not been resolved through the interpretations by City as described in 18 Paragraph 6., and (iv) that the Contract Documents are generally sufficient to indicate 19 and convey understanding of all terms and conditions for performing and furnishing the 20 Work. 21 22 4.4. The provisions of this Paragraph 4, inclusive, do not apply to Asbestos, Polychlorinated 23 biphenyls (PCBs), Petroleum, Hazardous Waste or Radioactive Material covered by 24 Paragraph 4.06 of the General Conditions, unless specifically identified in the Contract 25 Documents. 26 27 5. Availability of Lands for Work, Etc. 28 29 5.1. The lands upon which the Work is to be performed, rights -of -way and easements for 30 access thereto and other lands designated for use by Contractor in performing the Work 3I are identified in the Contract Documents. All additional lands and access thereto 32 required for temporary construction facilities, construction equipment or storage of 33 materials and equipment to be incorporated in the Work are to be obtained and paid for 34 by Contractor. Easements for permanent structures or permanent changes in existing 35 facilities are to be obtained and paid for by City unless otherwise provided in the 36 Contract Documents. 37 38 5.2. Outstanding right-of-way, easements, and/or permits to be acquired by the City are listed 39 in Paragraph SC 4.01 of Supplementary Conditions. In the event the necessary right -of — 40 way, easements, and/or permits are not obtained, the City reserves the right to cancel the 41 award of contract at any tune before the Bidder begins any construction work on the 42 project 43 44 45 5.3. The Bidder shall be prepared to commence construction without all executed right-of- 46 way, easements, and/or permits, and shall submit a schedule to the City of how 47 construction will proceed in the other areas of the project that do not require permits 48 and/ or easements. 49 50 51 CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13-s INSTRUCTIONS TO BIDDERS Page 5 of9 1 6. Interpretations and Addenda 2 6.1. All questions about the meaning or intent of the Bidding Documents are to be directed to 3 the City in writing on or before 2 p.m., the Monday prior to the Bid opening. Questions 4 received after this day may not be responded to. Interpretations or clarifications 5 considered necessary by City in response to such questions will be issued by Addenda 6 delivered to all parties recorded by City as having received the Bidding Documents. 7 Only questions answered by formal written Addenda will be binding. Oral and other 8 interpretations or clarifications will be without legal effect. 9 10 Address questions to: 11 12 City of Fort Worth 13 200 Texas Street 14 Fort Worth, TX 76102 15 Attn: Transportation and Public Works Department 16 Fax:817-392-2533 I7 Email: QueneIL3ohnson@fortworthtexas.gov 18 Phone:817-392-8618 19 20 21 6.2. Addenda may also be issued to modify the Bidding Documents as deemed advisable by 22 City. 23 24 6.3. Addenda or clarifications may be posted via Buzzsaw at 25 his•//apns fortworthtexas. ov/ProiectRes_ources/ 26 27 6.4. A prebid conference may be held at the time and place indicated in the Advertisement or 28 INVITATION TO BIDDERS. Representatives of City will be present to discuss the 29 Project. Bidders are encouraged to attend and participate in the conference. City will 30 transmit to all prospective Bidders of record such Addenda as City considers necessary 31 in response to questions arising at the conference. Oral statements may not be relied 32 upon and will not be binding or legally effective. 33 34 7. Bid Security 35 36 7.1. Each Bid must be accompanied by Bid Bond made payable to City in an amount of five 37 (5) percent of Bidder's maximum Bid price on form attached, issued by a surety meeting 38 the requirements of Paragraph 5.01 of the General Conditions. 39 40 7.2. The Bid Bond of all Bidders will be retained until the conditions of the Notice of Award 41 have been satisfied. If the Successful Bidder fails to execute and deliver the complete 42 Agreement within 10 days after the Notice of Award, City may consider Bidder to be in 43 default, rescind the Notice of Award, and the Bid Bond of that Bidder will be forfeited. 44 Such forfeiture shall be City's exclusive remedy if Bidder defaults. The Bid Bond of all 45 other Bidders whom City believes to have a reasonable chance of receiving the award 46 will be retained by City until final contract execution. 47 CITY OF PORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13-6 INSTRUCTIONS TO BIDDERS Page 6 of 9 1 8. Contract Times 2 The number of days within which, or the dates by which, Milestones are to be achieved in 3 accordance with the General Requirements and the Work is to be completed and ready for 4 Final Acceptance is set forth in the Agreement or incorporated therein by reference to the 5 attached Bid Form. The city may renew this agreement for up to three (3) additional time 6 periods under the same terins, conditions and unit prices. The city shall provide at Ieast sixty 7 (60) days' notice to the contractor of the city's intent to renew, 8 9 10 9. Liquidated Damages I I Provisions for liquidated damages are set forth in the Agreement. 12 13 10. Substitute and "Or -Equal" Items 14 The Contract, if awarded, will be on the basis of materials and equipment described in the I5 Bidding Documents without consideration of possible substitute or "or -equal" items. 16 Whenever it is indicated or specified in the Bidding Documents that a "substitute" or "or- 17 equal" item of material or equipment may be furnished or used by Contractor if acceptable to 18 City, application for such acceptance will not be considered by City until after the Effective 19 Date of the Agreement. The procedure for submission of any such application by Contractor 20 and consideration by City is set forth in Paragraph 6.05A., 6.05B., and 6.05C. of the General 21 Conditions and is supplemented in Section 01 25 00 of the General Requirements. 22 23 11. Subcontractors, Suppliers and Others 24 25 11.1. In accordance with the City's Business Diversity Enterprise Ordinance No. 20020- 26 12-2011 (as amended), the City has goals for the participation of minority business 27 and/or small business enterprises in City contracts. A copy of the Ordinance can be 28 obtained from the Office of the City Secretary, The Bidder shall submit the MBE and 29 SBE Utilization Form, Subcontractor/Supplier Utilization Form, Prime Contractor 30 Waiver Form and/or Good Faith Effort Form with documentation and/or Joint 31 Venture Form as appropriate. The Forms including documentation must be received 32 by the City no later than 2:00 P.M CST, on the second business days after the bid 33 opening date. The Bidder shall obtain a receipt from the City as evidence the 34 documentation was received. Failure to comply shall render the bid as non- 35 responsive. 36 37 11.2. No Contractor shall be required to employ any Subcontractor, Supplier, other person 38 or organization against whom Contractor has reasonable objection. 39 40 12. Bid Form 41 42 12.1. The Bid Form is included with the Bidding Documents; additional copies may be 43 obtained frorn the City. 44 45 46 CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 0021 13-7 JNSTRUCTIONS TO BIDDERS Page 7 of 9 1 12.2. All blanks on the Bid Form must be completed by printing in ink and the Bid Form 2 signed in ink. Erasures or alterations shall be initialed in ink by the person signing 3 the Bid Form. A Bid price shall be indicated for each Bid item, alternative, and unit 4 price item listed therein. In the case of optional alternatives, the words "No Bid," 5 "No Change," or "Not Applicable" may be entered. Bidder shall state the prices, 6 written in ink in both words and numerals, for which the Bidder proposes to do the 7 work contemplated or furnish materials required. All prices shall be written legibly. 8 In case of discrepancy between price in written words and the price in written 9 numerals, the price in written words shall govern, 10 11 12.3. Bids by corporations shall be executed in the corporate name by the president or a 12 vice-president or other corporate officer accompanied by evidence of authority to 13 sign. The corporate seal shall be affixed. The corporate address and state of 14 incorporation shall be shown below the signature. 15 16 12.4. Bids by partnerships shall be executed in the partnership name and signed by a 17 partner, whose title roust appear under the signature accompanied by evidence of 18 authority to sign. The official address of the partnership shall be shown below the 19 signature. 20 21 12.5. Bids by limited liability companies shall be executed in the name of the firm by a 22 member and accompanied by evidence of authority to sign. The state of formation of 23 the firm and the official address of the firm shall be shown. 24 25 12.6. Bids by individuals shall show the Bidder's name and official address. 26 27 12.7. Bids by joint ventures shall be executed by each joint ventures in the manner 28 indicated on the Bid Form. The official address of the joint venture shall be shown. 29 30 12.8. All names shall be typed or printed in ink below the signature. 31 32 12.9. The Bid shall contain an acknowledgement of receipt of all Addenda, the numbers of 33 which shall be filled in on the Bid Form. 34 35 12.10. Postal and e-mail addresses and telephone number for communications regarding the 36 Bid shall be shown. 37 38 12.11. Evidence of authority to conduct business as a Nonresident Bidder in the state of 39 Texas shall be provided in accordance with Section 00 43 37 — Vendor Compliance 40 to State Law Non Resident Bidder. 41 42 13. Submission of Bids 43 Bids shall be submitted on the prescribed Bid Form, provided with the Bidding Documents, 44 at the time and place indicated in the Advertisement or INVITATION TO BIDDERS, 45 addressed to Purchasing Manager of the City, and shall be enclosed in an opaque sealed 46 envelope, marked with the City Project Number, Project title, the name and address of 47 Bidder, and accompanied by the Bid security, and other required documents. If the Bid is sent 48 through the mail or other delivery system, the sealed envelope shall be enclosed in a separate 49 envelope with the notation "BID ENCLOSED" on the face of it. 50 CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30.2017 002113-5 INSTRUCTIONS TO BIDDERS Page of9 1 14. Modifications and Withdrawal of Bids 2 3 14.1. Bids addressed to the Purchasing Manager and filed with the Purchasing Office 4 cannot be withdrawn prior to the time set for bid opening. A request for withdrawal 5 must be rnade in writing by an appropriate document duly executed in the manner 6 that a Bid must be executed and delivered to the place where Bids are to be submitted 7 at any time prior to the opening of Bids. After all Bids not requested for withdrawal 8 are opened and publicly read aloud, the Bids for which a withdrawal request has been 9 properly filed may, at the option of the City, be returned unopened. 10 11 14.2 Bidders may modify their Bid by electronic communication at any time prior to the 12 time set for the closing of Bid receipt. 13 14 15. Opening of Bids 15 Bids will be opened and read aloud publicly at the place where Bids are to be submitted. An 16 abstract of the amounts of the base Bids and major alternates (if any) will be made available 17 to Bidders after the opening of Bids. 18 I9 16. Bids to Remain Subject to Acceptance 20 All Bids will remain subject to acceptance for the time period specified for Notice of Award 21 and execution and delivery of a complete Agreement by Successful Bidder. City may, at 22 City's sole discretion, release any Bid and nullify the Bid security prior to that date. 23 24 17, Evaluation of Bids and Award of Contract 25 26 17.1. City reserves the right to reject any or all Bids, including without limitation the rights 27 to reject any or all nonconforming, nonresponsive, unbalanced or conditional Bids 28 and to reject the Bid of any Bidder if City believes that it would not be in the best 29 interest of the Project to make an award to that Bidder, whether because the Bid is 30 not responsive or the Bidder is unqualified or of doubtful financial ability or fails to 31 meet any other pertinent standard or criteria established by City. City also reserves 32 the right to waive informalities not involving price, contract time or changes in the 33 Work with the Successful Bidder. Discrepancies between the multiplication of units 34 of Work and unit prices will be resolved in favor of the unit prices. Discrepancies 35 between the indicated stun of any column of figures and the correct sum thereof will 36 be resolved in favor of the correct sum. Discrepancies between words and figures 37 will be resolved in the favors of the words. 38 39 17.1,1. Any or all bids will be rejected if City has reason to believe that collusion exists 40 among the Bidders, Bidder is an interested party to any litigation against City, 41 City or Bidder may have a claim against the other or be engaged in litigation, 42 Bidder is in alTears on any existing contract or has defaulted on a previous 43 contract, Bidder has performed a prior contract in an unsatisfactory manner, or 44 Bidder has uncompleted work which in the judgment of the City will prevent or 45 hinder the prompt completion of additional work if awarded. 46 CITY OF FORT WORTH 2O20 On -Call Pavoinent Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 30 2017 0021 I3-9 1 17.2, 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 INSTRUCTIONS TO RIDDFRS Page 9 of 9 City may consider the qualifications and experience of Subcontractors, Suppliers, and other persons and organizations proposed for those portions of the Work as to which the identity of Subcontractors, Suppliers, and other persons and organizations must be submitted as provided in the Contract Documents or upon the request of the City. City also may consider the operating costs, maintenance requirements, performance data and guarantees of major items of materials and equipment proposed for incorporation in the Work when such data is required to be submitted prior to the Notice of Award. 17.3. City may conduct such investigations as City deerns necessary to assist in the evaluation of any Bid and to establish the responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors, Suppliers and other persons and organizations to perforru and furnish the Work in accordance with the Contract Documents to City's satisfaction within the prescribed time. 17.4. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. 17.5. If the Contract is to be awarded, it will be awarded to lowest responsible and responsive Bidder whose evaluation by City indicates that the award will be in the best interests of the City. 17.6. Pursuant to Texas Government Code Chapter 2252.001, The City will not award contract to a Nonresident Bidder unless the Nonresident Bidder's bid is lower than the lowest bid submitted by a responsible Texas Bidder by the same amount that a Texas resident bidder would be required to underbid a Nonresident Bidder to obtain a comparable contract in the state in which the nonresident's principal place of business is located 17.7. A contract is not awarded until formal City Council authorization. If the Contract is to be awarded, City will award the Contract within 90 days after the day of the Bid opening unless extended in writing. No other act of City or others will constitute acceptance of a Bid. Upon the contractor award a Notice of Award will be issued by the City. 17.8. Failure or refusal to comply with the requirements may result in rejection of Bid. 18. Signing of Agreement When City issues a Notice of Award to the Successful Bidder, it will be accompanied by the required number of unsigned counterparts of the Agreement. Within 14 days thereafter Contractor shall sign and deliver the required number of counterparts of the Agreement to City with the required Bonds, Certificates of Insurance, and all other required documentation. City shall thereafter deliver one fully signed counterpart to Contractor. END OF SECTION CITY OF PORT WORTH 2020 On -Call Pavenient Markings Contract STANDARD CONSTRUCTION SPECIPICATION DOCUMENTS Revised January 30.20 t 7 00 35 13 BID FORM Page 1 of 1 SECTION 00 35 13 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 also be downloaded from the website links provided below. htt;)://www.ethics.state.tx.us/forms/ClQ.r)df hftp://www.ethics.state.tx.us/forms/C[S.pdf ❑ CIQ Form is on file with City Secretary CIQ Form is being provided to the City Secretary ❑ CIS Form is on File with City Secretary ❑ CIS Form is being provided to the City Secretary BIDDER: TRIP Construction Group, LLC By 2213 Moneda Street Signature: Fort Worth, TX 76117 Title: END OF SECTION (lea 404c e_d C19 roa^) R2 Lrne President & CEO CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120327 Bid Item List —Addendum 2_2020 On -Call Pavement Markings Contract.xlsx comrLICT or INTrRr-Sr MrSTIONHAIM r®mw CIO ror vendor doing business with local governmental entity This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. OFFICE USE ONLY This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who Date Received has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 71h 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 it the vendor knowingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. Name of vendor who has a business relationship with local governmental entity. Tr 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.) Name of local government officer about whom the information is being disclosed. Name of Officer 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 S for each employment or business relationship described. Attach additional pages to this Form CIO as necessary. N/4 - NO GoNFL-141' 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 F-1 No S. 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? F7Yes [::] No 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. Chock 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 03(a)(2)(13), excluding gifts described in Section 176.003(a-1). 7 r Signatur or doin siness with the governmental entity Date g.4 PXer I Li e o Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity Acomplete copy of Chapter 176 of the Local Government Code maybe found at http://www.statutos.legis.state.tx.us/ Docs/LG/htm/i-G,176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(y-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term duos 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; (B) 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 Cede § 176.003 a 2 A and 13 : (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: (2) the vendor: (A) has an employment or other business relationship with file 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 (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; (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 (h) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006 a and a-1 (a) A vendor shall file 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.sta1aJx.us Revised 11/30/2015 LOCAL. GOVE dMAENT OFFICVH4 Forw CIS (Instructions for completing and filing this form are provided on the next page.) This questionnaire reflects changes rnade to the law by 2 H.B. - - - -- .� 73, a4th Leg., Regular Session. �F�l��[J��t�4��Y This is the notice to the appropriate local governmental entity that the following localgovernment officer has become aware of facts that require the officerto file this statement pate Received in accordance with Chapter 176, Local Government Code. iVame cif twoeal Covernrrtent Officer �� Office Held Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code Description of the nature and extant of each employment or other business relationship and each family relationship with vendor named in item 3. List gifts accepted by the local government officer and any family member, if aggregate value of the gifts accepted from vendor named in item 3 exceeds $100 during the 12-month period described by Section 176.003(a)(2)(B). Date Gift Accepted Date Gift Accepted Date Gift Accepted AFFIDAVIT Description of Gift Description of Gift Description of Gift (attach additional forms as necessary) I swear under penalty of perjury that the above statement is true and correct. I acknowledge that the disclosure applies to each family member (as defined by Section 176,001(2), Local Government Code) of this local government officer. I also acknowledge that this statement covers the 12-month period described by Section 176.003(a)(2)(13), Local Government Code. Signature of Local Government Officer AFFIX NOTARY STAMP ! SEAL ABOVE Sworn to and subscribed before me, by the said of 20 to certify which, witness my hand and seal of office. Signature of officer administering oath Printed name of officer administering oath this the Title of officer administering oath clay Corm provided by Texas Ethics Commission www.ethics.stale.tx.us Revised f1/30/2015 LOCAL GOVERNMENT OFFICER CONFLICTS DISCLOSURE STATEMENT Section 176.003 of the Local Government Code requires certain local government officers to file this form. A "local government officer" is defined as a member of the governing body of a local governmental entity; a director, superintendent, administrator, president, or other person designated as the executive officer of a local governmental entity; or an agent of a local governmental entity who exercises discretion in the planning, recommending, selecting, or contracting of a vendor. This form is required to be filed with the records administrator of the local governmental entity not later than 5 p. m. on the seventh business day after the date on which the officer becomes aware of the facts that require the filing of this statement. A local government officer commits an offense if the officer knowingly violates Section 176.003, Local Government Code. An offense under this section is a misdemeanor. Referto chapter 176 of the Local Government Code for detailed information regarding the requirement to file this form. INSTRUCTIONS FOR COMPLETING THIS FORM The following numbers correspond to the numbered boxes on the other side. 1. dame of Local Government Officer. Enter the name of the local government officer filing this statement. 2. Office Field. Enter the name of the office held by the local government officer filing this statement 3. Name of vendor described by Sections 176.001(7) and 176.003(a), Local Government Code. Enterthe name of the vendor described by Section 176.001(7), Local Government Code, if the vendor: a) has an 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), Local Government Code; b) has given to the local government officer or afamily member of the officer one or more gifts as described by Section 176.003(a)(2)(B), Local Government Code; or c) has afamily relationship with the local government officer as defined by Section 176.001(2-a), Local Government Code. 4. Description of the nature and extent of each employment or other business relationship and each family relationship with vendor named in item 3. Describe the nature and extent of the employment or o#her business relationship the vendor has with the local government officer or a family member of the officer as described by Section 176.003(a)(2)(A), Local Government Code, and each family relationship the vendor has with the local government officer as defined by Section 176.001(2-a), Local Government Code. 5. List gifts accepted, if the aggregate value of the gifts accepted from vendor named in item 3 exceeds $100. List gifts accepted during the 12-month period (described by Section 176.003(a)(2)(B), Local Government Code) by the local government officer or family member of the officer from the vendor named in item 3 that in the aggregate exceed $100 in value. 6- Affidavit. Signature of local government officer. Local Government Code 176.001 2-a : "Family relationship" means a relationship between a person and another person within the third degree by consanguinity or the second degree by affinity, as those terms are defined by Subchapter B, Chapter 573, Government Code. Local Government Code § 176.003(a)(2)(,4): (a) A local government officer shall fife a conflicts disclosure statement with respect to a vendor if: (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: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contractwith the vendor. Form provided by Texas Ethics Commission www.ethics.state.N.us Revised 11/30/2015 0041 00 BID FORM Page 1 of 3 SECTION 00 41 00 BID FORM TO: The Purchasing Manager c/o: The Purchasing Division 1000 Throckmorton Street City of Fort Worth, Texas 76102 FOR: 2020 On -Call Pavement Markings Contract City Project No.: NIA Units/Sections: Pavement Markings Striping 1. Enter Into Agreement The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with City in the form included in the Bidding Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Bid Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents. 2. BIDDER Acknowledgements and Certification 2.1. In submitting this Bid, Bidder accepts all of the terms and conditions of the INVITATION TO BIDDERS and INSTRUCTIONS TO BIDDERS, including without limitation those dealing with the disposition of Bid Bond. 2.2. Bidder is aware of all costs to provide the required insurance, will do so pending contract award, and will provide a valid insurance certificate meeting all requirements within 14 days of notification of award. 2.3. Bidder certifies that this Bid is genuine and not made in the interest of or on behalf of any undisclosed individual or entity and is not submitted in conformity with any collusive agreement or rules of any group, association, organization, or corporation. 2.4. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid. 2.5. Bidder has not solicited or induced any individual or entity to refrain from bidding. 2.6. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for the Contract. For the purposes of this Paragraph: a. "corrupt practice" means the offering, giving, receiving, or soliciting of any thing of value likely to influence the action of a public official in the bidding process. b. "fraudulent practice" means an intentional misrepresentation of facts made (a) to influence the bidding process to the detriment of City (b) to establish Bid prices at artificial non-competitive levels, or (c) to deprive City of the benefits of free and open competition. c. "collusive practice" means a scheme or arrangement between two or more Bidders, with or without the knowledge of City, a purpose of which is to establish Bid prices at artificial, non- competitive levels. CITY OF FORT WORTH STANDARD CONSTRUCTION SPRCIFICATION DOCUMENTS Form Revised 20150621 Bid Item List Addendum 2_2020 On -Call Pavement Markings Contract.xisx 0041 00 BID FORM Page 2of3 d. "coercive practice" means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract. 3. Prequalification The Bidder acknowledges that the following work types must be performed only by prequalified contractors and subcontractors: a. NIA b, C. d. 4. Time of Completion 4.1. Time of completion will be determined on a per work order basis. 4.2. Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work {and/or achievement of Milestones} within the times specified in the Agreement. 5. Attached to this Bid The following documents are attached to and made a part of this Bid: a. This Bid Form, Section 00 41 00 b. Required Bid Bond, Section 00 43 13 issued by a surety meeting the requirements of Paragraph 5.01 of the General Conditions. c. Proposal Form, Section 00 42 43 d. Vendor Compliance to State Law Non Resident Bidder, Section 00 43 37 e. MWBE Forms (optional at time of bid) f. Prequalification Statement, Section 00 45 12 g. Conflict of Interest Affidavit, Section 00 35 13 *If necessary, CIQ or CIS forms are to be provided directly to City Secretary h. Any additional documents that may be required by Section 12 of the Instructions to Bidders 6. Total Bid Amount 6.1. Bidder will complete the Work in accordance with the Contract Documents for the following bid amount. In the space provided below, please enter the total bid amount for this project. Only this figure will be read publicly by the City at the bid opening. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Bid Item List —Addendum 2_2020 On -Calf Pavement Markings Contract.xlsx 0041 00 BID FORM Page 3 of 3 6.2. It is understood and agreed by the Bidder in signing this proposal that the total bid amount entered below is subject to verification and/or modification by multiplying the unit bid prices for each pay item by the respective estimated quantities shown in this proposal and then totaling all of the extended amounts. 6.3. Evaluation of Alternate Bic! Items <use this if applicable, otherwise delett_ Total Base Bid <use this if applicable, otherwise delete $1,041,939.50 Total Bid $1,041,939.50 7. Bid Submittal This Bid is submitted on June 04, 2020 by the entity named below. Respectful itte , By: (Signature) Rod Pekurney (Printed Name) IReceipt is acknowledged of thef _Initial followina Addenda: Addendum No. 1: Addendum No. 2: Addendum No, 3: Addendum No. 4: Title: President & CEO Company: TRP Construction Group, LLC Corporate Seal: Address: 2213 Moneda Street Fort Worth, TX 76117 State of Incorporation: Texas Email: rodpaatrpconstructiongroup.corn Phone: (817) 831-1277 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20150821 Bid Item List —Addendum 2_2020 On -Call Pavement Markings Contract.xlsx A 0 m W CL P O OP Q O O O O b 00 4 0 p 4 0 0 0 0 0 0 P o O.t 0 � T O G � 49 f9 VNi � � (A E9 i// U'i Vi fA � � FA 49 b9 6`% fn M FR � 69 EfF Vi Vi FR s4 Vi [A 6A ffl V� NI [A � fA Vi V (� a -2 F O 4? 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S, S, 5. � �, �. �, R S, S, }. � � .n H F N a on �e c2 N .c : : ;9 ice- Fes- '� F-� w '� h � � y � � '� � •� '� 5^F�Cid� '� '� � ems` � fg � '� � C '� '� % � '� � -� � � 00 C C C F F 11r'i C G C C C ❑ C 1= C A f1 G -C. �'C >> w w w w 3 ILL 3 13 L 1? k3 �a M— ✓, W h O N N N N M N Q N ri `0 N ; N� d i-h .� M M M� M M M M —— — O Fn � N � M � — -- i� 4a O h T Q�I N 'O d 0 4Pi vQi N�*�] h p o 69 di 6n9 6�9 �9 69 MS (hfi n M tr 64 6M9 O 6 c�/ni PO a O 0 0 0 0 C u t*• � d c.. �., u., U a d d��� d� d e O N gF N ry N u S O O O O o a m .7 A F� F O 0 IL 83 fl 0 a � � o U J N d � _ W Ing � X u O 'p v 4v3 v 44 6l4 Ark yr SECTION 00 43 13 BID BOND KNOW ALL BY THESE PRESENTS: 00 43 13 BID BOND Page 1 of 7 That we, (Bidder Name) ; TRP construction Group, LLc hereinafter called the Principal, and (Surety Name) Arch insurance company a corporation or firm duly authorized to transact surety business in the State of Texas, hereinafter called the Surety, are held and firmly bound unto the City, hereinafter called the Obligee, in the sum of Five Percent of Amount Bid and No/100 Dollars ($ 5% of Amt . Bid ), the payment of which sum will be well and truly made and the said Principal and the said Surety, bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firm by these presents. WHEREAS, the Principal has submitted a proposal to perform work for the following project of the Obligee, identified as 2020 On -Call Pavement Markings Contract NOW, THEREFORE, if the Obligee shall award the Contract for the foregoing project to the Principal, and the Principal shall satisfy all requirements and conditions required for the execution of the Contract and shall enter into the Contract in writing with the Obligee in accordance with the terms of such proposal, then this bond shall be null and void. If the Principal fails to execute such Contract in accordance with the terms of such proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal or fails to satisfy all requirements and conditions required for the execution of the Contract in accordance with the proposal, this bond shall become the property of the Obligee, without recourse of the Principal and/or Surety, not to exceed the penalty hereof, and shall be used to compensate Obligee for the difference between Principal's Total Bid Amount and the next selected Bidder's Total Bid Amount. SIGNED this 21 day of May 12020 By; Company we Her TRJP"C.�nstruction Group, LLc lZoA �WV1zNe;-y (Signature and Title of Principal) *By: Surety blame Here.: -.Ar❑ti zInsUran C any: Eliza4th K. Sterling i (SignaturWof Attorney -of -Fact) *Attach Power of Attorney (Surety) for Attorney -in -Fact ImpressedSurety Seal Only END OF SECTION CITY OF FORT WORTH Form Revised Z STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS J AIC 0GO0286144 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 5t" day of Au ust, 2019. Attested and Certified Arch Insurance Company )XA Patrick K. Nails, Secretary David M. in a stein, Executive Vice President STATE OF PENNSYLVANIA SS���`� COUNTY OF PHILADELPHIA SS Ig Michele6Tripodi a Notary Public, do hereby certify that Patrick K. Nail's and David M. Finkelstein personally known to me to be the As Tp&rhons Qose names are respectively as Secretary and Executive 'Vic *Vrestdent M' the Arch Insurance Company, a X. CL c�rpo a1i!"rg razed arid existing under the laws of the State of Missouri, subsirlbe to 4 Fore Ong instrument, appeared before me " L t rindPersoll and severally acknowledged that they being thereunto duly tfsc�ti l i ne j ;sealed with the corporate seal and 4aU0'jj f'h# sElIdAnstrument as the free and voluntary act of said corporation artd� @ jh!1 0Wki frjeAand voluntary acts for the uses and �- rein set forth. ° ,,Oge n1s7f.'f$#§iT.'W�.'ti�E�!iTlb1:'L_i! .� p ca � -o, tii?Td€tlA, it14t o x � a? x � faXREU TOPOEM, Not 11 tt Cl &Fftiorrtpn a. PB4a, "a' s R MV C*%Mii t Exp'f1M July )1, W i S' Michel Trip di, Notary Public My comPnission expires 07131 2021 CERTIFICATION I, Patrick K. Nails, Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 5, 2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this _, •_jay of Wi A 20 Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance — Surety Division 3 Parkway, Suite 1500� Vince Philadelphia, PA 19102 Q x n? e v n N. n a z c m n z °' n a a.M0F� -n rg N �v 10�m�r w 9 n s rc It q*1 00 03 03 Page 2 of 2 a ° RU.S.A. Printed in U w Cr n a x Alc 000DM144 T1115 POWER OF ATTORNEYIS NOT VA10 UNLESS IT)S-PRINTMON.-BLUE BACKGROUND. 1Yk6.--A0VMr of Aftorney firmiffs the acts of those named higr0n, Hnd fhc*ha q& b1nd Me Comparty @X4Zq0t �n the- nmnnar and to (he ex(ent herein sta fed, Nof valid tor Nvio, Loan, Laiiiii.,61F dridit, Currency Rafe, Inferes f Rafe or Residenhrof vatue Guaran fees. M=WVM, OF ATTO R NEY Know All Persons BV Theine PfeGGMkT._ Thot the Arch IrLsuran6iq Campaky, -a cbVra6mi organized and existing undet the llowr, of 1ho Slats} of mil!3sotjri. having its principal adminis"Na arifice In Jersey City, Now Jersey (berain-qfter retOWd to aig tits "Company") does 1kyy epoollit' LM-Rfffib- fta.N` Elizabeth K. Sterling. Maria Slgriorile and Wesley P. WJIL%ffja lis true and lavAu I Atlamay(r,).ln-Facl, to make, exteuke, seat, and deliver from ilia date of iimuanco u F this p(ykwr for and on its behalf as surety, and as Its. s�rt and deed: My and all bonds. - u nderLakIfVs,'r@pq .pizar5cas aQd cAher surety obllollortr. In the portal Gum not exceeding f nett' Milli Dol.lars This 8U1110FIty does nut permit the z5amo obltgalion to be spilli Into two or more bonds In order to bring i-=Lai3h such bond WItmin the dollar I Imil of aul hor 11 y ar# pot forl rt herein, The "eWillop-6f - such bonds, undwtaklngs, rea)gnizasicas and offier auW -o Nail a 1�6 it Y.WtiqnsC.I� P�i0v��ue Of these Presenzo r #rrdltt Cqmp�ny 23 fatly and jimply to all Intents --pa-1. ftM& h)d beor'-'dwly eac_ft{ad Ahd.. .' 66kh6wIedqad by Its regularly elected infftimn.al Ira principal wImInIstratIm 000b JM4" Y Zilly, Now Jersin y. Ttil s Povour of Altutney is executed by aulihorl I y of re&olu t1ons adapto d 6y u nanimaii Fs consent al 1ha l3card of Directors of Me Campo My or i Septumber -15, 2011. 1 rue'a nd ismorate coples of which are hemIrpaFter sErl forth end are hemby certi5ed to by the undersigned Swretar"iL-" in full l0' rce an TQfV0._-T6C*i:o rhairmaEi Qf tq Fr"diafiVr' or the Exeul-iflvt V10B Preeide6t, or any Sonlor W@ PreMW,-@- UFO-'Sur6t 130.1ness DIV.Iskin, or their appaintig'ei-s designated In wrlilng and nied with tbu Secretary, iw the Sacsollary shall h"a the power and Mhorliy to appoint egents and altornay"n-Fart. and to aulharize them sbbjact- to the finriltatlans set forth In [heir respective powom of utt&roy, to execute on behalf of the Company, and attach the seal of the Corilpwky Ift9roto, bonds, undcrtakk[gs, racognizances and other _surety abl.lgril lorks obligatory in lria nature ftmuf, and any such ofricer� of the C-a Wan y _.may- Esppaint agents for acmptance of This-Fmwr of Altorn ey Is signed 8@314aO 8M ceri-tItied kYy foicsirn iie unjor am by__giAhadry of the f ollovvqng resul ufloh'adole f by tho Lrniani=us coflwnt of l:hp Board of Diractorr, of tfiie Company on Sep ternher 15, 2011: VOTED, The U-ffl signature of lber Clyalrn-wn of The Board, the Prer.Went. or the t=xecutive Vice PrEksidant, or arry Senjor Via Prosident, Q.t IhD %XaN'ITVSiness DivIqIqnFTpr Ni h dopplffl6f9_ _dmIanaled qrwrillog and riled vvilh lino Secretary. andAhaftnalLre OWE-— "reja�y..jha_A0I of the Corpdt, -b -ffie Secretary. may t�affixed b (acsGrnpe 3rany pow_V11­Hv)r I%h;T- - exewhed- pursugini to the msalu tb4-zd6Wu&fay iMi'g U_ aird' of Dlreutum un September 15, ZO 11 1 and u riy SVoh per se exrcut�d�—= aealed and carlMad W1h respect la any bond or undarlak;na la which it lu allachad, shall continue la-bia valid and bhdiFrg upon the Ccgnpan} - 11TIP OOML001 3 00 03 03 pag� I or 2 :;0Ar_W4 to LMA 00 43 37 VENDOR COMPLIANCE TO STATE LAW Page 1 of 1 SECTION 00 43 37 VENDOR COMPLIANCE TO STATE LAW NON RESIDENT BIDDER Texas Government Code Chapter 2252 was adopted for the award of contracts to nonresident bidders. This law provides that, in order to be awarded a contract as low bidder, nonresident bidders (out-of-state contractors whose corporate offices or principal place of business are outside the State of Texas) bid projects for construction, improvements, supplies or services in Texas at an amount lower than the lowest Texas resident bidder by the same amount that a Texas resident bidder would be required to underbid a nonresident bidder in order to obtain a comparable contract in the State which the nonresident's principal place of business is located. The appropriate blanks in Section A must be filled out by all nonresident bidders in order for your bid to meet specifications. The failure of nonresident bidders to do so will automatically disqualify that bidder. Resident bidders must check the box in Section B. A. Nonresident bidders in the State of NIA , our principal place of business, are required to be NIA percent lower than resident bidders by State Law. A copy of the statute is attached. Nonresident bidders in the State of NIA our principal place of business, are not required to underbid resident bidders. B. The principal place of business of our company or our parent company or majority owner is in the State of Texas. o BIDDER: TRP Construction Group, LLC 2213 Moneda Street Pori Worth, TX 76117 END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20110627 By: Rod P (Signs re) Title: President & CEO Date: e.6y/- a ^ Bid Item List —Addendum 2_2020 On -Call Pavement Markings Contract.xlsx 00 45 12 BID FORM Page 1 of i SECTION 00 45 12 PREQUALIFICATION STATEMENT Each Bidder for a City procurement is required to complete the Information below by identifying the prequalified contractors and/or subcontractors whom they intend to utilize for the major work type(s) listed. Major Work Type Contractor/Subcontractor Company Name Prequalification Expiration Date Dale V., NIA Company.hlarnc 1-lore or spAce Dale Hem of 0 Company h1ove Hoge 4t spaw ! {Phire 0 Cor oimy Name Heire or spat* Date Hom or ti I7il i:{: 0 Ceimparky Name Here at ae-a 1.?rat! I.-Imre or SE}iiGti'� The undersigned hereby certifies that the contractors and/or subcontractors described In the table above are currently prequalified for the work types listed. BIDDEN: TRP Construction Group, LLC 2213 Moneda Street Fort Worth, TX 76117 od kurney h (Signature) Title: President & CEO Date: lelq /ZO END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Form Revised 20120120 Bid Item List —Addendum 2_2020 On -Call Pavement Markings Conlract.xlsx WgsQ- Minodi y HLrsn= F.nra7 dw 4peaificAlions ryage i ou I SECTION 00 45 40 TENVORARY REVISION 4/6)2020 (C OV ID-19l 3 Minority Business Enterprise Spacii icatjuri.9 fi If the CUrnI dollar vaItie of the: L:unIract its greater' than 50,000. thou a MBE subcontracting goal is 7 appiicable, 8 9 P_OLTULTATEMTNT 10 It is the policy of the City af Fort Worth to ensure the full and equit-able participation by Minority I ; wghim Fntinprisi�s (MBE) in the proourement of all goods and services. All requirements and 12 regulations stated. in the Cltyts current Business Diversity T, Titcrprise Ordinance apply to Ihis hId. 11 14 MU PRO Jr,,C:T_GQAG 15 Ths City's. IABE goal on this prQj cut is 5 % of the fota.l bid Vahia pf the 2f cnnkw (Base bid app ties to Parks 010-Corner unhy Sairviees). I7 18 Note: Tf both MCBE nrld SBF subconfracling goals are estahlishcd far this project, then an 01&ror 19 inuxt suhmit linth a ME Utilization Fortom acid ii S$E IrtiiizaI ion Vtwill to he deemed responsive. 2.0 21 CONIrLIANCE TO RTD SPEC WTCATIONS 22 On City confrac-B $50,000 ar more where a MBE subcontracting goat is applied, Offerors are required to 73 comply vvi th the intent of tine Clty`5 Business Diyeisity Efiterpri;se Ord inanby one of lhr foil{)Whig; 24 1. Meet orexceed the above stated MBE goal through MBE subelontracting participatinn, M, 25 2, Meet or exceed the above hated l BF, goal through NME .Tint Vent►1Ve pfu-tieiptrl<iDFh 0V 26 3. [rood Faith Effort documentation, or; 27 4. Prime Waiver doeumentation. 29 29 SURMITTAL OF RE, QUIJUM I)flGUM F NTA` ION 30 The applicable diDcuments must be received by the assigner] City ofFort Worth Project Nlanngg r or 31 Departtilmt Des ipcc. vwithin the ibIlavwing tiine..allupated, in ordzr for the entire bid to W considered 32 responfive to the specifications, The Offeror slialI EAIA- L the N4BE docurt ORULt!OR to thP, Ml&s led City 33 of Fort Worth Projeot Manager or Depadmew DesipeL;- A fag.-d copy will not be accepted. 34 15 1. Sol rntractor TIMlzadon Farm, if Fr eiivodl np later than 2:00 p.in., on (he second City bwlsiness goal is met -or exceeded: day-affer the bid opening date, ex -elusive of the bid opening bate. 2. Gunn Faith E-ITart and received no later than 2.00 p.m., on the second {City business ubeonIroc (or Utilization Farm, if day- af#erAw. hid opening dale, exehisjw of the bid op-oriing artier pation is -less than swell.goal- date. 3. Good Faith Ef€orl and received no later them 2;40 p.rn_, ort #lye second City burin= "bcunla-attar UtllizaIion Perm, if1w arty after Ilia bid opening date, exclusive of flee bid opening MBE arLei aitian: date. 4. Prime Contractor Waiver I+oml, received no later #ban 2:00 p.m., .on the second City bushLe.9s ifyou will perform all day afWr die bid opening date, oxclusive of the bid olmning contr'aotin Hsupp] ierwork: date, CITY OT FORT WORTH ST'ANDAM C ONSTRI do=110N SFECITTUA-MN VOCUMKNT'8 2{Imo On, CAI FaVL•um"t Mmkw CMILtrMci YbInpurmAy Rn-isGd April 6, 2620 due to COVIDI9 Flmrrgrnsp- 4 5 0od.5Q-2 1vlinonty Lteuinrss LutorpriSA SpvoilicAl i rHrs i'a,qa � Oft 5, Juini 'enteere Farm, if goal is met received no xator than 2:00 € . rn., on the second Cily busiue:ss Or exeeedul, day urfter tht bid opening dwa, exchisivr (if tlwt hid opening date, { FAILURE TO COMPLY WrTH THE CTTY'S BUS] NESSDIVERS1TY ENTERPRIA ORDINANCE I WILL R-MULT IN THE BID BETNG CONSEDER D I+I()N-RE-SONSIVE TO SFECII'ICA'ITIONS. I FA 1111-TRL 'rO SiiBl IT I'Fl[;1 UMEI.D MBE DOCU"FNTArplOM WILL RESULT IN "r'ME BID BITING-, CONSU)ERED NON -RESPONSIVE. A SECOND FATLTJRE WILL 1tESULT IN Tfll� OFFEROR B M, G DISQUALfl±lLb FOR A PERIOD OF ONE YEAR. THREE FAILURES 1N A FIVE YEAR PER_ OD WILL RESULT IN A DISQ UALlFICArFON PERTOD OF THREE YEARS. 7 Any Ouesdons, Pleme Contact'I7te HDF {)laic at (817) 392-2 674. 8 END OF SECTION to C:I'rY OF PORT WORTH 5'PANDARD CGNI +STRfJ'EMON SPECIFICATION DOCUMENTS 2020 On-ca Pnwtumut NJ Mking Contract Tunpa:mLy Rtvisr`d April 6, 2Q6 dLit to £OVID19 PM9fgtnoy 00 45 26 - 1 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW Page 1 of I I SECTION 00 45 26 2 CONTRACTOR COMPLIANCE WITH WORKER'S COMPENSATION LAW 3 Pursuant to Texas Labor Code Section 406.096(a), as amended, Contractor certifies that it 4 provides worker's compensation insurance coverage for all of its employees employed on City 5 Project Name. 2020 On -Call Pavement Markings Contract. Contractor further certifies that, 6 pursuant to Texas Labor Code, Section 406.096(b), as amended, it will provide to City its 7 subcontractor's certificates of compliance with worker's compensation coverage. 8 9 CONTRACTOR: 10 11 �S7�vci7/'N tT�l D,LLC By: 41 12 Company (Ple se Pri ) 13 14 22rr 3 11 jONC-64 $T Signature 15 Address 16 17 rolzr ltms �P//7� Title: /l��l�tf 4- de) 18 City/State/Zip (Please Print) 19 20 21 THE STATE OF TEXAS § 22 23 COUNTY OF TARRANT § 24 25 BEFORE ME, the undersigned authority, on this day personally appeared 26 , known to me to be the person whose name is 27 subscribed to the foregoing instrument, and acknowledged to me that he/she executed the same as 28 the act and deed of 720f' 4r24_" 4c.4 _ for the purposes and 29 consideration therein expressed and in the capacity therein stated. 30 4" 31 GIVE UNDER MY HAND AND SEAL OF OFFICE this 4 day of 32 _ 4 uyl� , 20IR 33 34 MARIBEL GpNZALEZ 35 =x° :Gnu Notary Public, State of Texas nNa: to Comm. Expires 01-08-2024 36 %;°,tVNotary ID 130149fi59 Notary Public in and for the State of Texas 37 38 END OF SECTION 39 CITY OF PORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 005243-1 Agreement Page I of 6 1 SECTION 00 52 43 2 AGREEMENT 3 4 THIS AGREEMENT, authorized on 8/11/2020 is made by and between the 5 City of Forth Worth, a Texas home rule municipality, acting by and through its duly authorized 6 City Manager, ("City"), and TRP Construction Group, LLC , 7 authorized to do business in Texas, acting by and through its duly authorized representative, 8 ("Contractor"). 9 City and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as 10 follows: It Article 1. WORK 12 Contractor shall complete all Work as specified or indicated in the Contract Documents for the 13 Project identified herein. 14 Article 2. PROJECT I5 The project for which the Work under the Contract Documents may be the whole or only a part is 16 generally described as follows: 17 The project for which the Work under the Contract Documents may be the whole or only a part is 18 generally described as follows: 19 Project Name: 2020 On Call Pavement Markings Contract_ 20 Project Number: NIA 21 - Article 3. CONTRACT PRICE 22 City agrees to pay Contractor for performance of the Work in accordance with the Contract 23 Documents an amount not to exceed in current funds of one million five hundred thousand dollars 24 ($1,500,000). This amount remains contingent upon the availability of funds and the availability 25 of the Contractor. 26 Article 4. CONTRACT TEWE 27 4.1 Final Acceptance 28 Work will be issued on a task order basis and Final Acceptance of each task order will be 29 determined as that work is completed. Time for the overall contract shall be not more than 5 30 years or until the amount up to $1,500,000, unless amended, has been exhausted. 31 4.2 Liquidated Damages 32 Contractor recognizes that time is of the essence of this Agreement and that City will suffer 33 financial loss if the Work is not completed within the times specified in Paragraph 4.1 34 above, plus any extension thereof allowed in accordance with Article 12 of the General 35 Conditions. The Contractor also recognizes the delays, expense and difficulties involved in 36 proving in a legal proceeding the actual loss suffered by the City if the Work is not 37 completed on time. Accordingly, instead of requiring any such proof , Contractor agrees 38 that as liquidated damages for delay (but not as a penalty), Contractor shall pay according to 39 provided chart per SC-14.02d each day that expires after the time specified in Paragraph 4.1 40 for Final Acceptance until the City issues the Final Letter of Acceptance: 4I 42 4.3 Renewal CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11 09�, $ 17, �.m r� n� r r 11.15.17 005243-2 Agreement Page 2 of 6 43 The City may renew this Agreement for up to three (3) additional time periods under the 44 same terms, conditions and unit prices. The city shall provide at least sixty (60) days' notice 45 to the contractor of the city's intent to renew 46 47 ArticIe 5. CONTRACT DOCUMENTS 49 A. The Contract Documents which comprise the entire agreement between City and 50 Contractor concerning the Work consist of the following: 51 1. This Agreement. 52 2. Attachments to this Agreement: 53 a. Bid Form 54 1) Proposal Form 55 2) Vendor Compliance to State Law Non -Resident Bidder 56 3) Prequalification Statement 57 4) State and Federal documents (project specific) 58 b. Current Prevailing Wage Rate Table 59 c. Insurance ACORD Form(s) 60 d. Payment Bond 61 c. Performance Bond 62 f Maintenance Bond 63 g. Power of Attorney for the Bonds 64 h. Worker's Compensation Affidavit 65 i. MBE and/or SBE Utilization Form 66 3. General Conditions. 67 4. Supplementary Conditions. 68 5. Specifications specifically made a part of the Contract Documents by attachment 69 or, if not attached, as incorporated by reference and described in the "Table of 70 Contents of the Project's Contract Documents. 71 6. Drawings, 72 7. Addenda. 73 8. Documentation submitted by Contractor prior to Notice of Award. 74 9. The following which may be delivered or issued after the Effective Date of the 75 Agreement and, if issued, become an incorporated part of the Contract Documents: 76 a. Notice to Proceed. 77 b. Field Orders. 78 c. Change Orders. 79 d. Fetter of Final Acceptance. 80 e. 81 Article 6. INDEMNIFICATION CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised3I.09.11 8.17.12, 00 52 43 - 3 Agreement Page 3 of 6 82 6.1 Contractor covenants and agrees to indemnify, hold harmless and defend, at its own 83 expense, the city, its officers, servants and employees, from and against any and all 84 claims arising out of, or alleged to arise out of, the work and services to be performed 85 by the contractor, its officers, agents, employees, subcontractors, licenses or invitees 86 under this contract. This _indemnification provision is specifically intended to operate 87 and be effective even if it is alleged or proven that all or some of the lama es hein.14 88 sought were caused, in whole or in part, by any act, omission or nealiaence of the city. 89 This indemnity provision is intended to include, without limitation, indemnity for 90 costs, expenses and legal fees incurred by the city in defending against such claims and 91 causes of actions. 92 93 6.2 Contractor covenants and agrees to indemnify and hold harmless, at its own expense, 94 the city, its officers, servants and employees, from and against any and all Iris, damage 95 or destruction of property of the city, arising out of, or alleged to arise out of, the work 96 and services to be performed by the contractor, its officers, agents, employees, 97 subcontractors, licensees or invitees under this contract. This indemnification 98 provision is specifically intended to operate and be effective even if it is alleged or 99 proven that all or some of the damages being sought were caused, in whole or in part, 100 by anv act. omission or nealiLence of the city. 101 102 Article 7. MISCELLANEOUS 103 7.1 Terms. 104 Terms used in this Agreement which are defined in Article 1 of the General Conditions will 105 have the meanings indicated in the General Conditions. 106 7.2 Assignment of Contract. 107 This Agreement, including all of the Contract Documents may not be assigned by the 108 Contractor without the advanced express written consent of the City. 109 7.3 Successors and Assigns. 110 City and Contractor each binds itself, its partners, successors, assigns and legal III representatives to the other party hereto, in respect to ail covenants, agreements and 112 obligations contained in the Contract Documents. 113 7.4 Severability. 114 Any provision or part of the Contract Documents held to be unconstitutional, void or 115 unenforceable by a court of competent jurisdiction shall be deemed stricken, and all 116 remaining provisions shall continue to be valid and binding upon. CITY and 117 CONTRACTOR. 118 7.5 Governing Law and Venue. 119 This Agreement, including all of the Contract Documents is performable in the State of 120 Texas. Venue shall be Tarrant County, Texas, or the United States District Court for the 121 Northern District of Texas, Fort Worth Division. CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 11.09.11, .IT12, 2.n'' 6, I."6-.17-, 11.15.17 00 52 43 - 4 Agreement Page 4 of 6 I22 7.6 Authority to Sign. 123 Contractor shall attach evidence of authority to sign Agreement if signed by someone other 124 than the duly authorized signatory of the Contractor. 125 I26 7.7 .Prohibition On Contracts With Companies Boycotting Israel. 127 Contractor acknowledges that in accordance with Chapter 2270 of the Texas Government 128 Code, the City is prohibited from entering into a contract with a company for goods or 129 services unless the contract contains a written verification from the company that it: (1) 130 does not boycott Israel; and (2) will not boycott Israel during the term of the contract. 131 The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms 132 in Section 808.001 of the Texas Government Code. By signing this contract, Contractor 133 certifies that Contractor's signature provides written verification to the City that 134 Contractor. (l) does not boycott Israel; and (2) will not boycott Israel during the term of 135 the contract. 136 137 7.8 Immigration Nationality Act 138 Contractor shall verify the identity and employment eligibility of its employees who 139 perform work under this Agreement, including completing the Employment Eligibility 140 Verification Form (I-9). Upon request by City, Contractor shall provide City with copies of 141 all I-9 forms and supporting eligibility documentation for each employee who performs 142 work under this Agreement. Contractor shall adhere to all Federal and State laws as well as 143 establish appropriate procedures and controls so that no services will be performed by any 144 Contractor employee who is not legally eligible to perform such services. 145 CONTRACTOR SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS 146 FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF 147 THIS PARAGRAPH BY CONTRACTOR, CONTRACTOR'S EMPLOYEES, 148 SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to 149 Contractor, shall have the right to immediately terminate this Agreement for violations of 150 this provision by Contractor. 151 152 7.9 No Third -Party Beneficiaries. 153 This Agreement gives no rights or benefits to anyone other than the City and the Contractor 154 and there are no third -party beneficiaries. 155 156 7.10 No Cause of Action Against Engineer. CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised T'�-11 $.47442, 2.02zm '—ro, 1.v6. 17, I 1,15.17 005243-5 Agreement Page 5 of 6 157 Contractor, its subcontractors and equipment and materials suppliers on the PROJECT or their 158 sureties, shall maintain no direct action against the Engineer, its officers, employees, and 159 subcontractors, for any claim arising out of, in connection with, or resulting from the 160 engineering services performed. Only the City will be the beneficiary of any undertaking by 161 the Engineer. The presence or duties of the Engineer's personnel at a construction site, 162 whether as on -site representatives or otherwise, do not make the Engineer or its personnel 163 in any way responsible for those duties that belong to the City and/or the City's construction 164 contractors or other entities, and do not relieve the construction contractors or any other 165 entity of their obligations, duties, and responsibilities, including, but not limited to, all 166 construction methods, means, techniques, sequences, and procedures necessary for 167 coordinating and completing all portions of the construction work in accordance with the 168 Contract Documents and any health or safety precautions required by such construction 169 work. The Engineer and its personnel have no authority to exercise any control over any 170 construction contractor or other entity or their employees in connection with their work or I71 any health or safety precautions. 172 173 SIGNATURE PAGE TO FOLLOW 174 CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 1, 9.'v -r7.12,' n2 , ti i nr, i - 11.1517 180 181 182 183 184 185 186 187 175 176 177 178 179 00 52 43 -6 Agreement Page 6 of 6 IN WITNESS WHEREOF, City and Contractor have each executed this Agreement to be effective as of the date subscribed by the City's designated Assistant City Manager ("Effective Date"). Contractoi:ip consivu X01 By: (Signature) RUB EVERITT (Printed Name) Title: President Address: 2213 Moneda Street City/State/Zip: Fort Worth, TX 76117 Date City of Fort Worth By: Dana Bu doff Assistant City Manager Date Attest- . City S cretalyA (Seal) e'y Y IC Date: - { R o o a + Form 1295 No.-(64134-3 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Clint 4,lwy-r(sep 9, 20201119 CDT] Clint Hoover Engineering Manager Approved as to Form and Legality: FYI( r-&I' hBlack (Sep 15, 202019:36 COT) Douglas W. Black Assistant City Attorney William M. Johnson� DIRECTOR, Transportation and Public Works Department OFFiC AL RECORD CITY WREffiRY ri a Cimm" YES CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised 4+eQ9-14, s:17 4a, 16,1.go.17 . 11.15.17 2020 0061 13 - 1 * PERFORMANCE BOND Pagel of 2 Bored # su 1166940 1 SECTION 00 6113 2 PERFORMANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, TRP CONSTRUCTION GROUP, LLC , known as 8 "Principal" herein and ARCH INSURANCE COMPANY , a corporate 9 surety(sureties, if more than one) duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of Texas, known as "City" herein, in the penal 12 sum of, one million five hundred thousand dollars ($I,500,000) lawful money of the United 13 States, to be paid in Fort Worth, Tarrant County, Texas for the payment of which sum well and 14 truly to be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, 15 jointly and severally, firmly by these presents. I6 WHEREAS, the Principal has entered into a certain written contract with the City 17 awarded the 11 day of August , 202 0 , which Contract is hereby referred to and 18 made a part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment 19 labor and other accessories defined by law, in the prosecution of the Work, including any Change 20 Orders, as provided for in said Contract designated as 2020 On -Call Pavement Markings 21 Contract, TPW Project No. N/A. NOW, THEREFORE, the condition of this obligation is such 22 that if the said Principal shall faithfully perform it obligations under the Contract and shall in all 23 respects duly and faithfully perform the Work, including Change Orders, under the Contract, 24 according to the plans, specifications, and contract documents therein referred to, and as well 25 during any period of extension of the Contract that may be granted on the part of the City, then 26 this obligation shall be and become null and void, otherwise to remain in full force and effect. 27 PROVIDED FURTHER, that if any legal action be filed on this Bond, venue shall lie in 28 Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort 29 Worth Division. CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATIONS DOCUMENT Revised July 1, 2011 Bond # SU 1166940 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 0061 13 - 2 PERFORMANCE BOND Page 2 of 2 This bond is made and executed in compliance with the provisions of Chapter 2253 of the Texas Government Code, as amended, and all liabilities on this bond shall be determined in accordance with the provisions of said statue. IN WITNESS WHEREOF, the Principal and the Surety have SIGNED and SEALED this instrument by duly authorized agents and officers on this the 19 day of August . 20 2 p . ATTEST: (Principal) Secretary A j JVCt"_,� nj fIess as o rincipal ar+_W CAI t,YlZA (� 2_ Witnes U s to Surety Megan Douaire PRINCIPAL: TRP CONSTRUCTION GROUP, LLC BY: �,�-- gn ture �dt�r17 6 IVY Name and Title Address: 2213 Moneda St. Ft. Worth. TX 76117 SURETY: ARCH INSURANCE COMPANY BY: i ature Elizabeth K. Sterling Atty-In-Pact Name and Title lT Address: 210 Hudson Street, Suite 300 Jersey City, NJ 07311 Telephone Number: 4 0 4- 2 61- 3 4 0 0 *Note: if signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond sball not be prior to the date the Contract is awarded. CITY OF FORT' WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATIONS DOCUMENT Revised July 1, 2011 0061 14 - 1 PAYMENT BOND Page 1 of 2 Bond # SU 7166940 1 SECTION 00 6114 2 PAYMENT BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 That we, TRP CONSTRUCTION GROUP, LLC known as 8 "Principal" herein, and ARCH INSURANCE COMPANY , a 9 corporate surety (sureties), duly authorized to do business in the State of Texas, known as 10 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 11 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 12 in the penal. sum of one million five hundred thousand dollars ($I,500,000) lawful money of 13 the United States, to be paid in Fort Worth, Tarrant County, Texas, for the payment of which sum 14 well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and 15 assigns, jointly and severally, firn-Ay by these presents: 16 WHEREAS, Principal has entered into a certain written Contract with City, awarded the 17 11 day of August , Z02o which Contract is hereby referred to and made a 18 part hereof for all purposes as if fully set forth herein, to furnish all materials, equipment, labor 19 and other accessories as defined by law, in the prosecution of the Work as provided for in said 20 Contract and designated as 2020 On -Call Pavement Markings Contract TPW Project No. -N/A 21 NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that if 22 Principal shall pay all monies owing to any (and all) payment bond beneficiary (as defined in 23 Chapter 2253 of the Texas Government Code, as amended) in the prosecution of the Work under 24 the Contract, then this obligation shall be and become null and void; otherwise to remain in full 25 force and effect. 26 This bond is made and executed in compliance with the provisions of Chapter 2253 of the 27 Texas Government Code, as amended, and all liabilities on this bond shall be determined in 28 accordance with the provisions of said statute. 29 CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CON STRUCTION SPECIFICATIONS DOCUMENTS Revised July 1,2011 1 2 3 4 5 6 7 8 9 10 II 12 Bond # SU 1166940 0061 14 - 2 PAYMENT BOND Page 2 of 2 IN WITNESS WHEREOF, the Principal and Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the i9 day of August 20 20 ATTEST: A(IA (Principal) Secretary Witness as to Principal YO Uol�d &wzpt e z- ATTEST: N/A (Surety) Secretary Witness 4 to Surety Megan Douaire PRINCIPAL: TRP CONSTRUCTION GROUP, LLC BY: Si a re 6114 Name and Title Address: 2213 Moneda St. Ft. Worth, TX 76117 SURETY: ARCH INSURANCE COMPANY BY: Sigere Elizabeth K. Sterlinq Attv-In-Fact Name and Title Address: 210 Hudson Street, Suite 300 Jersey City, NJ 07311 Telephone Number: 4 04 - 2 6 1- s 4 00 Note: If signed by an officer of the Surety, there must be on file a certified extract from the bylaws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. END OF SECTION CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATIONS DOCUMENTS Revised duly 1, 2011 2020 On -Call Pavement Markings Contract 006119-1 MAINTENANCE BOND Page 1 of 3 Bond # SU 1166940 I SECTION 00 6119 2 MAINTENANCE BOND 3 4 THE STATE OF TEXAS § 5 § KNOW ALL BY THESE PRESENTS: 6 COUNTY OF TARRANT § 7 8 That we TRP CONSTRUCTION GROUP, LLC , known as 9 "Principal" herein and ARCH INSURANCE COMPANY , a corporate surety 10 (sureties, if more than one) duly authorized to do business in the State of Texas, known as 11 "Surety" herein (whether one or more), are held and firmly bound unto the City of Fort Worth, a 12 municipal corporation created pursuant to the laws of the State of Texas, known as "City" herein, 13 in the sum of one million rive hundred thousand ($I,500,000), lawful money of the United 14 States, to be paid in Fort Worth, Tarrant County, Texas, for payment of which sum well and truly 15 be made unto the City and its successors, we bind ourselves, our heirs, executors, administrators, 16 successors and assigns, jointly and severally, firmly by these presents. 17 18 WHEREAS, the Principal has entered into a certain written contract with the City awarded 19 the )--L day of August , 20 20 , which Contract is hereby 20 referred to and a made part hereof for al I purposes as if fully set forth herein, to furnish all 21 materials, equipment labor and other accessories as defined by law, in the prosecution of the 22 Work, including any Work resulting from a duly authorized Change Order (collectively herein, 23 the "Work") as provided for in said contract and designated as 2020 On -Call Pavement Markings 24 Contract, TPW Project No. -NIA 25 26 WHEREAS, Principal binds itself to use such materials and to so construct the Work in 27 accordance with the plans, specifications and Contract Documents that the Work is and will 28 remain free from defects in materials or workmanship for and during the period of two (2) years 29 after the date of Final Acceptance of the Work by the City ("Maintenance Period"); and 30 31 WHEREAS, Principal binds itself to repair or reconstruct the Work in whole or in part 32 upon receiving notice from the City of the need therefor at any time within the Maintenance 33 Period. 34 CITY OF FORT.wORTII 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMEN Revised July 1, 2011 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Bond # SU 1166940 00 61 19 - 2 MAINTENANCE BOND Page 2 of 3 NOW THEREFORE, the condition of this obligation is such that if Principal shall remedy any defective Work, for which timely notice was provided by City, to a completion satisfactory to the City, then this obligation shall become null and void, otherwise to remain in full force and effect. PROVIDED, HOWEVER, if Principal shall fail so to repair or reconstruct any timely noticed defective Work, it is agreed that the City may cause any and all such defective Work to be repaired and/or reconstructed with all associated costs thereof being borne by the Principal and the Surety under this Maintenance bond; and 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; and PROVIDED FURTHER, that this obligation shall be continuous in nature and successive recoveries may be had hereon for successive breaches. CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMEN Revised July 1, 2011 OJ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 0061 19-3 MAINTENANCE BOND Page 3 of 3 IN WITNESS WHEREOF, the Principal and the Surety have each SIGNED and SEALED this instrument by duly authorized agents and officers on this the 19 ,2020 ATTEST: (Principal) Secretary Witness as to Principal MRnU( 6lmz ilPe- ATTEST: N/A (Surety) Secretary Witnessj t0 Surety Megan Douaire day Of August PRINCIPAL: TRP CONSTRUCTION GROUP, LLC BY: Si ure Name and Title Address: 2213 Moneda St. Ft. Worth, TX 76117 SURETY: ARCH INSURANCE COMPANY Elizabeth K. Sterling Attp-3A-Fact Name and Title Address: 210 Hudson Street, Suite 300 Jersey City, NJ 07311 Telephone Number: 4 0 4- 2 61- 3 4 0 0 *Note: If signed by an officer of the Surety Company, there must be on file a certified extract from the by-laws showing that this person has authority to sign such obligation. If Surety's physical address is different from its mailing address, both must be provided. The date of the bond shall not be prior to the date the Contract is awarded. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMEN Revised July 1, 2011 2020 On -Call Pavement Markings Contract AIC 0000286191 This Power of Attorney limits the acts of those named herein, and they have no authority to bind the Company except in the manner and to the extent herein stated. Not valid for Note, Loan, Letter of Credit, Currency Rate, Interest Rate or Residential Value Guarantees. POWER OF ATTORNEY Know All Persons By These Presents: That the Arch Insurance Company, a corporation organized and existing under the laws of the State of Missouri, having its principal administrative office in Jersey City, New Jersey (hereinafter referred to as the "Company") does hereby appoint: Benjamin A. Stahl, Elizabeth K. Sterling, Maria Signorile and Wesley P. Williams of Atlanta, GA (EACH) its true and lawful Attorney(s)in-Fact, to make, execute, seal, and deliver from the date of issuance of this power for and on its behalf as surety, and as its act and deed: Any and all bonds, undertakings, recognizances and other surety obligations, in the penal sum not exceeding Ninety Million Dollars (90,000,000.00). This authority does not permit the same obligation to be split into two or more bonds In order to bring each such bond within the dollar limit of authority as set forth herein. The execution of such bonds, undertakings, recognizances and other surety obligations in pursuance of these presents shall be as binding upon the said Company as fully and amply to all intents and purposes, as if the same had been duly executed and acknowledged by its regularly elected officers at its principal administrative office in Jersey City, New Jersey. This Power of Attorney is executed by authority of resolutions adopted by unanimous consent of the Board of Directors of the Company on September 15, 2011, true and accurate copies of which are hereinafter set forth and are hereby certified to by the undersigned Secretary as being in full force and effect: "VOTED, That the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, or the Secretary shall have the power and authority to appoint agents and attorneys -in -fact, and to authorize them subject to the limitations set forth in their respective powers of attorney, to execute on behalf of the Company, and attach the seal of the Company thereto, bonds, undertakings, recognizances and other surety obligations obligatory in the nature thereof, and any such officers of the Company may appoint agents for acceptance of process." This Power of Attorney is signed, sealed and certified by facsimile under and by authority of the following resolution adopted by the unanimous consent of the Board of Directors of the Company on September 15, 2011: VOTED, That the signature of the Chairman of the Board, the President, or the Executive Vice President, or any Senior Vice President, of the Surety Business Division, or their appointees designated in writing and filed with the Secretary, and the signature of the Secretary, the seal of the Company, and certifications by the Secretary, may be affixed by facsimile on any power of attorney or bond executed pursuant to the resolution adopted by the Board of Directors on September 15, 2011, and any such power so executed, sealed and certified with respect to any bond or undertaking to which it is attached, shall continue to be valid and binding upon the Company. OOMLOO13 00 03 03 Page 1 of 2 Printed in U.S.A. iI AIC 0000286191 In Testimony Whereof, the Company has caused this instrument to be signed and its corporate seal to be affixed by their authorized officers, this 12th day of August, 2019 Attested and Certified ,t Erg► Arai. 4c' /V_ i 2e� Patrick K. Nails, Secretary STATE OF PENNSYLVANIA SS COUNTY OF PHILADELPHIA SS Arch Insurance Company David M. Finkelstein, Executive Vice President I, Michele Tripodi, a Notary Public, do hereby certify that Patrick K. Nails and David M. Finkelstein personally known to me to be the same persons whose names are respectively as Secretary and Executive Vice President of the Arch Insurance Company, a Corporation organized and existing under the laws of the State of Missouri, subscribed to the foregoing instrument, appeared before me this day in person and severally acknowledged that they being thereunto duly authorized signed, sealed with the corporate seal and delivered the said instrument as the free and voluntary act of said corporation and as their own free and voluntary acts for the uses and purposes therein set forth. _e���rk%WFXMWLV LA {[A�'itil(OCk, ?iulJij► I'il�il� :4t+�aa �'til:dekp►�1�, PhAA Cumir !r�'4'�!411�i�• CERTIFICATION k � ¢ Michele Tripod!, Notary Public My commission expires 07/31/2021 I, Patrick K. Nails , Secretary of the Arch Insurance Company, do hereby certify that the attached Power of Attorney dated August 12, 2019 on behalf of the person(s) as listed above is a true and correct copy and that the same has been in full force and effect since the date thereof and is in full force and effect on the date of this certificate; and I do further certify that the said David M. Finkelstein, who executed the Power of Attorney as Executive Vice President, was on the date of execution of the attached Power of Attorney the duly elected Executive Vice President of the Arch Insurance Company. IN TESTIMONY WHEREOF, I have hereunto subscribed my name and affixed the corporate seal of the Arch Insurance Company on this 19th day of August , 2020 Patrick K. Nails, Secretary This Power of Attorney limits the acts of those named therein to the bonds and undertakings specifically named therein and they have no authority to bind the Company except in the manner and to the extent herein stated. PLEASE SEND ALL CLAIM INQUIRIES RELATING TO THIS BOND TO THE FOLLOWING ADDRESS: Arch Insurance —Surety Division 3 Parkway, Suite 1500 . Philadelphia, PA 19102 *' �'i�uectirt , spa OOML0013 00 03 03 Page 2 of 2 Printed in U.S.A. 0061 25 - 1 CERTIFICATE OF INSURANCE Page I of 1 I SECTION 00 6.125 2 CERTIFICATE OF INSURANCE 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 END OF SECTION CITY OF FORT WORTH 2O17 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATIONS ➢OCUMENTS Revised July 1, 2011 4 Additional Insured — Automatic -- Owners, Lessees Or Z U I C H Contractors Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'l. Prem Return Prem. GLO-7121965-00 2/12/2020 1 2/12/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. Named Insured: TRP Construction Group, LLC Address (including ZIP Code): 2213 Moneda St Haltom City, TX 76117-5311 This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part A. Section 11-- Who Is An Insured is amended to include as an additional insured any person or organization whom you are required to add as an additional insured on this policy under a written contract or written agreement Such person or organization is an additional insured only with respect to liability for "bodily injury",, "property damage' or "personal and advertising injury" caused, in whole or in part, by: 1. Your acts or omissions; or 2. The acts or omissions of those acting on your behalf, in the performance of your ongoing operations or "your work" as included in the "products -completed operations hazard", which is the subject of the written contract or written agreement However, the insurance afforded to such additional insured: 1. Only applies to the extent permitted by law; and 2. Will not be broader than that which you are required by the written contract or written agreement to provide for such additional insured. B. With respect to the insurance afforded to these additional insureds, the following additional exclusion applies: This insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury' arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services including: a. The preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or b. Supervisory, inspection, architectural or engineering activities. This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "occurrence" which caused the "bodily injury" or "property damage", or the offense which caused the "personal and advertising injury", involved the rendering of or the failure to render any professional architectural, engineering or surveying services. U-GL-1175-F GW (04113) Page 1 of 2 Includes copyrighted material of Insurance Services Office, Inc., with its permission. C. The following is added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions. The additional insured must see to it that: 9. We are notified as soon as practicable of an "occurrence" or offense that may result in a claim; 2. We receive written notice of a claim or "suit" as soon as practicable; and 3. A request for defense and indemnity of the claim or "suit" will promptly be brought against any policy issued by another insurer under which the additional insured may be an insured in any capacity. This provision does not apply to insurance on which the additional insured is a Named Insured if the written contract cr written agreement requires that this coverage be primary and non-contributory. D. For the purposes of the coverage provided by this endorsement: 1. The following is added to the Other Insurance Condition of Section IV — Commercial General Liability Conditions: Primary and !Noncontributory insurance This insurance is primary to and will not seek contribution from any other insurance available to an additional insured provided that: a. The additional insured is a Named Insured under such other insurance; and b. You are required by written contract or written agreement that this insurance be primary and not seek contribution from any other insurance available to the additional insured. 2. The following paragraph is added to Paragraph 4.b. of the Other Insurance Condition of Section IV — Commercial General Liability Conditions: This insurance is excess over: Any of the other insurance, whether primary, excess, contingent or on any other basis, available to an additional insured, in which the additional insured on our policy is also covered as an additional insured on another policy providing coverage for the same "occurrence", offense, claim or "suit". This provision does not apply to any policy in which the additional insured is a Named Insured on such other policy and where our policy is required by a written contract or written agreement to provide coverage to the additional insured on a primary and non- contributory basis. E. This endorsement does not apply to an additional insured which has been added to this policy by an endorsement showing the additional insured in a Schedule of additional insureds, and which endorsement applies specifically to that identified additional insured. F. With respect to the insurance afforded to the additional insureds under this endorsement, the following is added to Section III — Limits Of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: 1. Required by the written contract or written agreement referenced in Paragraph A. of this endorsement; or 2. Available under the applicable Limits of Insurance shown in the Declarations, whichever is less. This endorsement shall not increase the applicable Limits of Insurance shown in the Declarations. All other terms and conditions of this policy remain unchanged. U-GL_-1175-F CW (04113) Page 2 of 2 Includes copyrighted material of insurance Services Office, Inc., with its permission. KJ Contractors Liability Supplemental Coverages And ZuRlcff, Conditions Policy No. Eff. Date of Pol. Exp. Date of Pol. Eff. Date of End. Producer No. Add'!. Prem Return Prem. GLO-7121965-00 2/12/2020 2/12/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part NON -OWNED WATERCRAFT SCHEDULE Watercraft Length: feet (If no amount is shown above, 51 feet applies.) A. Non -owned Watercraft Liability Extended Coverage Paragraph (2) of Exclusion 2.g. Aircraft, Auto Or Watercraft under Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: (2) A watercraft you do not own that is: (a) Less than the length shown in the Non -Owned Watercraft Schedule of this endorsement; and (b) Not being used to carry persons or property for a charge; B. Damage To Premises Rented Or Occupied By You 1. The last paragraph under Paragraph 2. Exclusions of Section I -- Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Exclusions c. through n. do not apply to damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner. A separate Damage to Premises Rented To You Limit of Insurance applies to this coverage as described in Section ill — Limits Of Insurance. 2. The paragraph directly following Paragraph (6) in Exclusion j. of Section I — Coverage A — Bodily Injury And Property Damage Liability is replaced by the following: Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" to premises (other than damage by "specific perils"), including "property damage" to the contents of such premises, rented to you under a rental agreement for a period of 14 or fewer consecutive days. A separate Limit of Insurance applies to Damage to Premises Rented to You as described in Section 111 — Limits Of Insurance. 3. Paragraph 6. of Section III —Limits Of Insurance is replaced by the following: 6. Subject to Paragraph S. above, the Damage To Premises Rented To You Limit is the most we will pay under Coverage A for damages because of "property damage" to any one premises while rented to you, or in the case of damage by one or more "specific perils" to any one premises, while rented to you or temporarily occupied by you with permission of the owner. 4. Paragraph a. of the "insured contract" definition under the Definitions Section is replaced by the following: U-G1.-1060-E Tx (04/13) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by "specific perils" to premises while rented to you or temporarily occupied by you with permission of the owner is not an "insured contract"; 5. Paragraph (Ii) under Paragraph 4.b.(1) of the Other Insurance Condition under Section IV -- Commercial General Liability Conditions is replaced by the following: (11) That is property insurance providing coverage for "specific perils" for premises rented to you or temporarily occupied by you with permission of the owner; 6. The following definitions are added to the Definitions Section: "Specific perils" means fire, lightning, explosion, windstorm or hail, smoke, aircraft or vehicles, riot or civil commotion, vandalism, leakage from fire extinguishing equipment, weight of snow, ice or sleet or "water damage". "Water damage" means accidental discharge or leakage of water or steam as the direct result of the breaking or cracking of any part of a system or appliance containing water or steam. C. Additional Insured -- Lessor Of Leased Equipment — Automatic Status When required In Lease Agreement With You Section II — Who Is An Insured is amended to include as an additional insured any person(s) or organization(s) from whom you lease equipment when you and such person(s) or organization(s) have agreed in a written contract or written agreement that such person(s) or organizations) be added as an additional insured on your policy. Such person(s) or organization(s) is an additional insured only with respect to liability for "bodily injury, "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person(s) or organization(s). However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contract or agreement to provide for such additional insured. A person's or organization's status as an additional insured under this endorsement ends when their contract or agreement with you for such leased equipment ends. 2. With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after the equipment lease expires. 3. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of Insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph C. shall not increase the applicable Limits of insurance shown in the Declarations. D. Additional Insured — Managers Or Lessors Of Premises 1. Section 11— Who Is An insured is amended to include as an additional insured any person(s) or organization(s) that you have agreed in a written contract or written agreement to name as an additional insured, but only with respect to liability arising out of the ownership, maintenance or use of that part of premises leased to you and subject to the following additional exclusions: This insurance does not apply to: a. Any "occurrence" which takes place after you cease to be a tenant in that premises. b. Structural alterations, new construction or demolition operations performed by or on behalf of the additional insured manager or lessor of the premises leased to you. However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and U-GL-1060-E TX (04/13) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of Insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph D. shall not increase the applicable Limits of Insurance shown in the Declarations. E. Additional Insured —State Or Governmental Agency Or subdivision Or Political Subdivision —Permits Or Authorizations 1. Section 11— Who is An Insured is amended to include as an additional insured any state or governmental agency or subdivision or political subdivision that you have agreed in a written contract or written agreement or that you are required by statute, ordinance or regulation to name as an additional insured, subject to the following provisions: a. This insurance applies only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit or authorization. b. This insurance does not apply to: (1) 'Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (2) `Bodily injury" or "property damage included within the "products -completed operations hazard". However, the insurance afforded to such additional insured: a. Only applies to the extent permitted by law; and b. Will not be broader than that which you are required by the contractor agreement to provide for such additional insured. 2. With respect to the insurance afforded to these additional insureds, the following is added to Section III — Limits of insurance: The most we will pay on behalf of the additional insured is the amount of insurance: a. Required by the written contract or written agreement you have entered into with the additional insured; or b. Available under the applicable Limits of insurance shown in the Declarations; whichever is less. The insurance provided by this Paragraph E. shall not increase the applicable Limits of Insurance shown in the Declarations. F. Personal And Advertising Injury Coverage —Assumed Under Contract Or Agreement 1. Exclusion e, of Section I — Coverage B — Personal And Advertising injury Liability is replaced by the following: 2. Exclusions This insurance does not apply to: e. Contractual Liability "Personal and advertising injury" for which the insured has assumed liability in a contract or agreement. This exclusion does not apply to: (1) Liability for damages that the insured would have in the absence of the contractor agreement; or (2) Liability for "personal and advertising injury" if: U-GL-1060-E TX (04/13) Page 3 of 6 inciudes copyrighted material of Insurance Services Office, Inc., with its permission. (a) The liability pertains to your business and is assumed in a contract or agreement that is an "insured contract"; and (b) The "personal and advertising injury" occurs subsequent to the execution of the contract or agreement. Solely for the purposes of liability so assumed in such "insured contract", reasonable attorney fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "personal and advertising injury", provided: (1) Liability to such party for, or for the cost of, that party's defense has also been assumed in the same contract or agreement; and (11) Such attorney fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged. 2. For purposes of this "personal and advertising injury" coverage only: Paragraph d. and the second to last paragraph under Paragraph 2. of Supplementary Payments -- Coverages A and B are replaced by the following: d. The allegations in the "suit" and the information we know about the "occurrence" or offense are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments. Such payments will not be deemed to be damages for "bodily injury", "property damage" or "personal and advertising injury" and will not reduce the limits of insurance. G. Insured Contract Amendment Paragraph f. and f.(1) through f.(3) of the "insured contract" definition under the Definitions Section is replaced by the following: f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another to pay for "bodily injury", "property damage" or "personal and advertising injury" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement. Paragraph f. does not include that part of any contract or agreement: (1) That indemnifies a railroad for "bodily injury", "property damage" or "personal and advertising injury" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road -beds, tunnel, underpass or crossing; (2) That indemnifies an architect, engineer or surveyor for injury or damage arising out of: (a) Preparing, approving, or failing to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; (3) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (2) above and supervisory, inspection, architectural or engineering activities; (4) That indemnifies a person or organization for "personal and advertising injury: (a) Arising out of advertising, publishing, broadcasting or telecasting done for you or on your behalf; or (b) To an "employee" of such person or organization that does advertising, publishing, broadcasting or telecasting for you or on your behalf; or (5) That indemnifies a labor leasing firm for "bodily injury" to "leased workers". U-GL-1060-E TX (04/13) Page 4 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. H. Medical Payments — Increased Reporting Period Paragraph a. of Section I — Coverage C — Medical Payments is replaced by the following: a. We will pay medical expenses as described below for "bodily injury" caused by an accident: (1) On premises you own or rent, (2) On ways next to premises you own or rent; or (3) Because of your operations; provided that: (a) The accident takes place in the "coverage territory" and during the policy period; (b) The expenses are incurred and reported to us within three years of the date of the accident; and (c) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require. 1. Broad Ball Bond Coverage Paragraph 1.b. under Supplementary Payments — Coverages A And B is replaced by the following: b. The cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which the Bodily Injury Liability Coverage applies. We do not have to furnish these bonds. J. Amendment — Duties In The Event of Occurrence, Offense, Claim or Suit The following paragraphs are added to Paragraph 2. Duties In The Event Of Occurrence, Offense, Claim Or Suit of Section IV — Commercial General Liability Conditions. - Notice of an "occurrence" or of an offense which may result in a claim under this insurance or notice of a claim or "suit" shall be given to us as soon as practicable after knowledge of the "occurrence", offense, claim or "suit" has been reported to your officer, manager, partner or an "employee" authorized by you to give or receive such notice. Knowledge by "employees" other than your officer, manager, partner or "employee" authorized by you to give or receive such notice of an "occurrence", offense, claim or "suit' does not imply that you also have such knowledge. In the event that an insured reports an 'occurrence" to your workers compensation carrier and this "occurrence" later develops into a General Liability claim, covered by this Coverage Part, the insureds failure to report such "occurrence" to us at the time of the "occurronco" shall not be deemed to be a violation of this Condition. You must, however, give us notice as soon as practicable after being made aware that the particular claim is a General Liability rather than a Workers Compensation claim. K. Unintentional Failure To Disclose Or Describe Hazards Paragraph 6. Representations of Section IV — Commercial General Liability Conditions is replaced by the following: 6. Representations By accepting this policy, you agree: a. The statements in the Declarations are accurate and complete; b. Those statements are based upon representations you made to us; and c. We have issued this policy in reliance upon your representations. Coverage will continue to apply if you unintentionally. (1) Fail to disclose all hazards existing at the inception of this policy; or (2) Make an error, omission or improper description of premises or other statement of information stated in this policy. You must notify us in writing as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to inception of this Coverage Part. L. Bodily Injury Redefined The "bodily injury" definition under the Definitions Section is replaced by the following: U-GL-1060-E TX (04113) Page S of 6 Includes copyrighted material of Insurance Services office, Inc., with its permission. "Bodily injury" means bodily injury, sickness or disease sustained by a person, including death resulting from any of these at any time. This includes mental anguish, mental injury, shock, fright or death resulting from bodily injury, sickness or disease. M. Your Work Redefined Paragraph a.(1) of the "your work" definition under the Definitions Section is replaced by the following: 22. "Your work": a. Means: (1) Work or operations performed by you or on your behalf, but does not include work or operations performed by another entity who joined with you to form a partnership or joint venture not shown as a Named Insured in the Declarations, which terminated or ended prior to the effective date of this policy; and All other terms and conditions of this policy remain unchanged. U-GL-1060-E TX (04/13) Page 6 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Waiver Of Subrogation (Blanket) !Endorsement Z U R1 0-4 Policy No. Eff. Date of Pot. Exp. Date of Pol. Ef. .. Date of End. Producer AWL Prem Return Preen. GLO-7121965-00 2/12/2020 2/12/2021 Is THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Part The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition If you are required by a written contract or agreement, which is executed before a loss, to waive your rights of recovery from oth- ers, we agree to waive our rights of recovery. This waiver of rights shall not be construed to be a waiver with respect to any other operations in which the insured has no contractual interest. U-GIr925-B CW (12/01) Page I of 1 Notification t® Others of Cancellation ®r Nonrenewal ZURICH Policy No. Eff. Date of Poi. Exp. Date of Pol. Eff. Date of End. Producer No, AddT Prem Return Prem. GLO-7121965-00 2/12/2020 1 2/12/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial General Liability Coverage Fart Liquor Liability Coverage Part Products/Completed Operations Liability Coverage Part A. If we cancel or non -renew this Coverage Part(s) by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part(s) by written notice to the first Named Insured for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at feast 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s) 1 Number of Days Notice: Or anization s Blanket 30 All other terms and conditions of this policy remain unchanged, U-GL-1387-B GW (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services Office, Inc., with its permission. Coverage Extension Endorsement 0 ZUR(CH Policy No. Eff. Date of POI. Exp. Date of Poi. Eff. Date of End. Producer No. Add'I. Prom Return Prem. BAP-7121968-00 j 2/12/2020 2/12/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Business Auto Coverage Form Motor Carrier Coverage Form A. Amended Who Is An Insured 1. The following is added to the Who Is An Insured Provision in Section Ii — Covered Autos Liability Coverage: The following are also "insureds": a. Any "employee" of yours is an "insured" while using a covered "auto" you don't own, hire or borrow for acts performed within the scope of employment by you. Any "employee" of yours is also an "insured" while operating an "auto" hired or rented under a contract or agreement in an "employee's" name, with your permission, while performing duties related to the conduct of your business. b. Anyone volunteering services to you is an "insured" while using a covered "auto" you don't own, hire or borrow to transport your clients or other persons in activities necessary to your business. c. Anyone else who furnishes an "auto" referenced in Paragraphs A.1.a. and A.1.b. in this endorsement. d. Where and to the extent permitted by law, any person(s) or organization(s) where required by written contract or written agreement with you executed prior to any "accident", including those person(s) or organization(s) directing your work pursuant to such written contract or written agreement with you, provided the "accident" arises out of operations governed by such contract or agreement and only up to the limits required in the written contract or written agreement, or the Limits of insurance shown in the Declarations, whichever is less. 2. The following is added to the Other Insurance Condition in the Business Auto Coverage Form and the Other insurance — Primary and Excess Insurance Provisions Condition in the Motor Carrier Coverage Form: Coverage for any person(s) or organization(s), where required by written contract or written agreement with you executed prior to any "accident", will apply on a primary and non-contributory basis and any insurance maintained by the additional "insured" will apply on an excess basis. However, in no event will this coverage extend beyond the terms and conditions of the Coverage Form. B. Amendment — Supplementary Payments Paragraphs a.(2) and a.(4) of the Coverage Extensions Provision in Section II — Covered Autos Liability Coverage are replaced by the following: (2) Up to $5,000 for the cost of bail bonds (including bonds for related traffic law violations) required because of an "accident" we cover. We do not have to furnish these bonds. (4) All reasonable expenses incurred by the "insured" at our request, including actual loss of earnings up to $500 a day because of time off from work. U-CA-424-F CW (04/14) Page 1 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission_ C. Fellow Employee Coverage The Fellow Employee Exclusion contained in Section Il -- Covered Autos Liability Coverage does not apply. D. Driver Safety Program Liability and Physical Damage Coverage 1. The following is added to the Racing Exclusion in Section 11— Covered Autos Liability Coverage: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. 2. The following is added to Paragraph 2. in the Exclusions of Section Ill — Physical Damage Coverage of the Business Auto Coverage Form and Paragraph 2.b. in the Exclusions of Section IV — Physical Damage Coverage of the Motor Carrier Coverage Form: This exclusion does not apply to covered "autos" participating in a driver safety program event, such as, but not limited to, auto or truck rodeos and other auto or truck agility demonstrations. E. Lease or Loan Gap Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Lease Or Loan Gap Coverage In the event of a total "foss" to a covered "auto", we will pay any unpaid amount due on the lease or loan for a covered "auto", less: a. Any amount paid under the Physical Damage Coverage Section of the Coverage Form; and b. An y: (1) Overdue lease or loan payments at the time of the "loss"; (2) Financial penalties imposed under a lease for excessive use, abnormal wear and tear or high mileage; (3) Security deposits not returned by the lessor; (4) Costs for extended warranties, credit life insurance, health, accident or disability insurance purchased with the loan or lease; and (5) Carry-over balances from previous leases or loans. F. Towing and Labor Paragraph A.2. of the Physical Damage Coverage Section is replaced by the following: We will pay up to $75 for towing and labor costs incurred each time a covered "auto" of the private passenger type is disabled. However, the labor must be performed at the place of disablement. G. Extended Glass Coverage The following is added to Paragraph A.3.a. of the Physical Damage Coverage Section: If glass must be replaced, the deductible shown in the Declarations will apply. However, if glass can be repaired and is actually repaired rather than replaced, the deductible will be waived. You have the option of having the glass repaired rather than replaced. H. Hired Auto Physical Damage — Increased Loss of Use Expenses The Coverage Extension for Loss Of Use Expenses in the Physical Damage Coverage Section is replaced by the following: Loss Of Use Expenses For Hired Auto Physical Damage, we will pay expenses for which an "insured" becomes legally responsible to pay for loss of use of a vehicle rented or hired without a driver under a written rental contract or written rental agreement. We will pay for loss of use expenses if caused by: U-CA 424-F CW (04114) Page 2 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. (1) Other than collision only if the Declarations indicate that Comprehensive Coverage is provided for any covered "auto"; (2) Specified Causes Of Loss only if the Declarations indicate that Specified Causes Of Loss Coverage is provided for any covered "auto"; or (3) Collision only if the Declarations indicate that Collision Coverage is provided for any covered "auto". However, the most we will pay for any expenses for loss of use is $100 per day, to a maximum of $3000. 1. Personal Effects Coverage The following is added to the Coverage Provision of the Physical Damage Coverage Section: Personal Effects Coverage a. We will pay up to $750 for "loss" to personal effects which are: (1) Personal property owned by an "insured"; and (2) In or on a covered "auto". b. Subject to Paragraph a. above, the amount to be paid for "loss" to personal effects will be based on the lesser of: (1) The reasonable cost to replace; or (2) The actual cash value. c. The coverage provided in Paragraphs a. and b, above, only applies in the event of a total theft of a covered "auto". No deductible applies to this coverage. However, we will not pay for 'loss" to personal effects of any of the following: (1) Accounts, bills, currency, deeds, evidence of debt, money, notes, securities, or commercial paper or other documents of value. (2) Bullion, gold, silver, platinum, or other precious alloys or metals; furs or fur garments; jewelry, watches, precious or semi-precious stones. (3) Paintings, statuary and other works of art. (4) Contraband or property in the course of illegal transportation or trade. (5) Tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. Any coverage provided by this Provision is excess over any other insurance coverage available for the same `loss". J. Tapes, Records and Discs Coverage 1. The Exclusion in Paragraph 13.4.a. of Section M — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.2.c. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply. 2. The following is added to Paragraph 1.a. Comprehensive Coverage under the Coverage Provision of the Physical Damage Coverage Section: We will pay for 'loss" to tapes, records, discs or other similar devices used with audio, visual or data electronic equipment. We will pay only if the tapes, records, discs or other similar audio, visual or data electronic devices: (a) Are the property of an "insured"; and (b) Are in a covered "auto" at the time of "loss". The most we will pay for such 'loss" to tapes, records, discs or other similar devices is $500. The Physical Damage Coverage Deductible Provision does not apply to such "loss". U-CA-424-F CW (04114) Page 3 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. K. Airbag Coverage The Exclusion in Paragraph B.3.a. of Section III — Physical Damage Coverage in the Business Auto Coverage Form and the Exclusion in Paragraph 13.4.a. of Section IV — Physical Damage Coverage in the Motor Carrier Coverage Form does not apply to the accidental discharge of an airbag. L. Two or More Deductibles The following is added to the Deductible Provision of the Physical Damage Coverage Section: If an accident is covered both by this policy or Coverage Form and by another policy or Coverage Form issued to you by us, the following applies for each covered "auto" on a per vehicle basis: 1. If the deductible on this policy or Coverage Form is the smaller (or smallest) deductible, it will be waived; or 2. If the deductible on this policy or Coverage Form is not the smaller (or smallest) deductible, it will be reduced by the amount of the smaller (or smallest) deductible. M. Physical Damage — Comprehensive Coverage — Deductible The following is added to the Deductible Provision of the Physical Damage Coverage Section: Regardless of the number of covered "autos" damaged or stolen, the maximum deductible that will be applied to Comprehensive Coverage for all "loss" from any one cause is $5,000 or the deductible shown in the Declarations, whichever is greater. N. Temporary Substitute Autos — Physical Damage 1. The following is added to Section I — Covered Autos: Temporary Substitute Autos — Physical Damage If Physical Damage Coverage is provided by this Coverage Form on your owned covered "autos", the following types of vehicles are also covered "autos" for Physical Damage Coverage: Any "auto" you do not own when used with the permission of its owner as a temporary substitute for a covered "auto" you do own but is out of service because of its: 1. Breakdown; 2. Repair; 3. Servicing; 4. "Loss"; or 5. Destruction. 2. The following is added to the Paragraph A. Coverage Provision of the Physical Damage Coverage Section: Temporary Substitute Autos -- Physical Damage We will pay the owner for "loss" to the temporary substitute "auto" unless the "loss" results from fraudulent acts or omissions on your part. If we make any payment to the owner, we will obtain the owner's rights against any other party. The deductible for the temporary substitute "auto" will be the same as the deductible for the covered "auto" it replaces. O. Amended Duties In The Event Of Accident, Claim, Suit Or loss Paragraph a. of the Duties In The Event Of Accident, Claim, Suit Or loss Condition is replaced by the following. a. In the event of "accident", claim, "suit" or "loss", you must give us or our authorized representative prompt notice of the "accident", claim, "suit" or "loss". However, these duties only apply when the "accident", claim, "suit" or "loss" is known to you (if you are an individual), a partner (if you are a partnership), a member (if you are a limited liability company) or an executive officer or insurance manager (if you are a corporation). The failure of any u-CA-424-F CW (04114) Page 4 of S Includes copyrighted material of Insurance Services Office, Inc., with its permission. agent, servant or employee of the "insured" to notify us of any "accident", claim, "suit" or "loss" shall not invalidate the insurance afforded by this policy. Include, as soon as practicable: (1) How, when and where the "accident" or "loss" occurred and if a claim is made or "suit" is brought, written notice of the claim or "suit" including, but not limited to, the date and details of such claim or "suit'; (2) The "insured's" name and address; and (3) To the extent possible, the names and addresses of any injured persons and witnesses. If you report an "accident", claim, "suit" or "loss" to another insurer when you should have reported to us, your failure to report to us will not be seen as a violation of these amended duties provided you give us notice as soon as practicable after the fact of the delay becomes known to you. P. Waiver of Transfer Of Rights Of Recovery Against Others To Us The following is added to the Transfer Of Rights Of Recovery Against Others To Us Condition: This Condition does not apply to the extent required of you by a written contract, executed prior to any "accident" or "loss", provided that the "accident" or "loss" arises out of operations contemplated by such contract. This waiver only applies to the person or organization designated in the contract. Q. Employee Hired Autos — Physical Damage Paragraph b. of the Other Insurance Condition in the Business Auto Coverage Form and Paragraph f. of the Other Insurance — Primary and Excess insurance Provisions Condition in the Motor Carrier Coverage Form are replaced by the following: For Hired Auto Physical Damage Coverage, the following are deemed to be covered "autos" you own.- (1) Any covered "auto" you lease, hire, rent or borrow; and (2) Any covered "auto" hired or rented under a written contract or written agreement entered into by an "employee" or elected or appointed official with your permission while being operated within the course and scope of that "employee's" employment by you or that elected or appointed official's duties as respect their obligations to you. However, any "auto" that is leased, hired, rented or borrowed with a driver is not a covered "auto", R. Unintentional Failure to Disclose Hazards The following is added to the Concealment, Misrepresentation Or Fraud Condition: However, we will not deny coverage under this Coverage Form if you unintentionally: (1) Fall to disclose any hazards existing at the inception date of this Coverage Form; or (2) Make an error, omission, improper description of "autos" or other misstatement of information. You must notify us as soon as possible after the discovery of any hazards or any other information that was not provided to us prior to the acceptance of this policy, S. Hired Auto — World Wide Coverage Paragraph 7a.(5) of the Policy Period, Coverage Territory Condition is replaced by the following: (5) Anywhere in the world if a covered "auto" is leased, hired, rented or borrowed for a period of 60 days or less, T. Bodily Injury Redefined The definition of "bodily injury" in the Definitions Section is replaced by the following: "Bodily injury" means bodily injury, sickness or disease, sustained by a person including death or mental anguish, resulting from any of these at any time. Mental anguish means any type of mental or emotional illness or disease. U-CA-424-F CW (04/ 14) Page 5 of 6 Includes copyrighted material of Insurance Services Office, Inc., with its permission. U. Expected Or intended Injury The Expected Or Intended Injury Exclusion in Paragraph B. Exclusions under Section If — Covered Auto Liability Coverage is replaced by the following: Expected Or Intended Injury "Bodily injury" or "property damage" expected or intended from the standpoint of the "insured". This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property. V. Physical Damage —Additional Temporary Transportation Expense Coverage Paragraph AA.a. of Section III W- Physical Damage Coverage is replaced by the following: 4. Coverage Extensions a. Transportation Expenses We will pay up to $50 per day to a maximum of $1,000 for temporary transportation expense incurred by you because of the total theft of a covered "auto" of the private passenger type. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. We will pay for temporary transportation expenses incurred during the period beginning 48 hours after the theft and ending, regardless of the policy's expiration, when the covered "auto" is returned to use or we pay for its "loss". W. Replacement of a Private Passenger Auto with a Hybrid or Alternative Fuel Source Auto The following is added to Paragraph A. Coverage of the Physical Damage Coverage Section: In the event of a total "loss" to a covered "auto" of the private passenger type that is replaced with a hybrid "auto" or "auto" powered by an alternative fuel source of the private passenger type, we will pay an additional 10% of the cost of the replacement "auto", excluding tax, title, license, other fees and any aftermarket vehicle upgrades, up to a maximum of $2500. The covered "auto" must be replaced by a hybrid "auto" or an "auto' powered by an alternative fuel source within 60 calendar days of the payment of the "loss" and evidenced by a bill of sale or now vehicle lease agreement. To qualify as a hybrid "auto", the "auto" must be powered by a conventional gasoline engine and another source of propulsion power. The other source of propulsion power must be electric, hydrogen, propane, solar or natural gas, either compressed or liquefied. To qualify as an "auto" powered by an alternative fuel source, the "auto" must be powered by a source of propulsion power other than a conventional gasoline engine. An "auto" solely propelled by biofuel, gasoline or diesel fuel or any blend thereof is not an "auto" powered by an alternative fuel source. X. Return of Stolen Automobile The following is added to the Coverage Extension Provision of the Physical Damage Coverage Section: If a covered "auto" is stolen and recovered, we will pay the cost of transport to return the "auto" to you. We will pay only for those covered "autos" for which you carry either Comprehensive or Specified Causes of Loss Coverage. All other terms, conditions, provisions and exclusions of this policy remain the same. U-CA-424-F CW (04114) Page 6 of 6 Includes copyrighted material of insurance Services Office, Inc., with its permission. F Notification t® Others of Cancellation or . URICH" N®nrenewal Policy No. Eff. Date of Pol. Exp. Date of Pal. Pff. Date of End. Producer No. Add'1, Preen Return Preen. BAP-7121968-00 2/12/2020 2/12/2021 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the: Commercial Automobile Coverage Part A. If we cancel or non -renew this Coverage Part by written notice to the first Named Insured for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or non -renewal: 1. To the name and address corresponding to each person or organization shown in the Schedule below; and 2. At least 10 days prior to the effective date of the cancellation or non -renewal, as advised in our notice to the first Named Insured, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this Coverage Part by written notice to the first Named Insured for nonpayment of premium, wewill mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)1 Number of Days Notice: Organization s : Blanket 30 All other terms and conditions of this policy remain unchanged. U-CA-81 a -A cw (05/10) Page 1 of 1 Includes copyrighted material of Insurance Services office, Inc., with its permission. WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 00 03 13 (Ed. 04-84) WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT We have the right to recover our payments from anyone liable for an injury covered by this policy. We will nd enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) This agreement shall not operate directly or indirectly to benefit anyone not named in the Schedule. Schedule ALL PERSONS AND/OR ORGANIZATIONS THAT ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT WITH THE INSURED, EXECUTED PRIOR TO THE ACCIDENT OR LOSS, THAT WAIVER OF SUBROGATION BE PROVIDED UNDER THIS POLICY FOR WORK PERFORMED BY YOU FOR THAT PERSON AND/OR ORGANIZATION. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Policy No. WC-7121967-00 Endorsement No. Insured: TRP Construction Group, LLC Premium $ Insurance Company Zurich American Insurance Company Countersigned by WC124 (4-84) Page 1 of 2 WC 00 03 13 Copyright 1983 National Council on Compensation Insurance, Inc. Uniform FormsTM WORKERS COMPENSATION AND EMPLOYERS LIABILITY INSURANCE POLICY WC 99 06 35 NOTIFICATION TO OTHERS OF CANCELLATION OR NONRENEWAL ENDORSEMENT This endorsement is used to add the following to Part Six of the policy. PART SIX CONDITIONS A. If we cancel or non -renew this policy by written notice to you for any reason other than nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation or norrrenewal to the name and address corresponding to each person or organization shown in the Schedule below. Notification to such person or organization will be provided at least 10 days prior to the effective date of the cancellation or non - renewal, as advised in our notice to you, or the longer number of days notice if indicated in the Schedule below. B. If we cancel this policy by written notice to you for nonpayment of premium, we will mail or deliver a copy of such written notice of cancellation to the name and address corresponding to each person or organization shown in the Schedule below at least 10 days prior to the effective date of such cancellation. C. If notice as described in Paragraphs A. or B. of this endorsement is mailed, proof of mailing will be sufficient proof of such notice. SCHEDULE Name and Address of Other Person(s)1 Number of Days Notice: Or anization(s): Blanket 30 All other terms and conditions of this policy remain unchanged. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The Information below is required only when this endorsement is issued subsequent to preparation of the policy.) Endorsement Effective Insured Policy No. WC-7121967-00 Insurance Company: Zurich American Insurance Company Endorsement No. Premium $ WC 99 06 35 (Ed. 05-10) Includes copyrighted material of National Council on Compensation Insurance, Inc. with its permission. Page 1 of 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATFON DOCUMENTS Revision: Febmary2,2F16 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT TABLE OF CONTENTS Article l—Definitions and Terminology ....................................... ......................................................... ........ l l.O| DofiocdTerms ........................................................................................................ ................... .| 1.02 Tcrombnnkoov-------....-------^------.-----.-------------.6 Article2— Preliminary Matters ............................. ..................................................... ...................................... / 2-01 Copies of Documents ............. ................................................... .................. ..................... ---.7 2.02 Commencement ofContract Time; Notice tnProceed ........ —.................................................. 7 3.03 Starting the Work ............ ............................................................................................................. V 2.04 Before Starting Construction ........................................................................................................ 8 2])5 PreconstruCtiOD Conference .......................................................................................................... 8 2.06 Public Meeting ................... .................................................................................. ....................... 8 2.07 Initial Acceptance of Schedules ..................... ...................................................... ....................... 8 Article 3 — Contract Documents: Ioioo1 Aoonod' Reuse ........ ................................................................... 8 I01Intent ................................................................................................................................... .......... U 3.02 Reference Standards ................. ......................................................................... --........ .......... 9 313 Reporting and Resolving Discrepancies ...................................................... ................................ y 3.04 Amending and Supplementing Contract Documents ..... ............................ .............................. l0 3.05 Reuse ofChounn:ntx.................. ............................................................ ............................... lO 3.06 Electronic Data ...................................................................................... ..................................... ll Article 4— Availability nfLands; Subsurface and Physical Conditions; Hazardous Environmental Conditions; Reference Points ..................... --- ....... ........................................................................ ll 4.01 Availability nfLands ............................................................................................ .................. || 4.03 Subsurface and Physical Conditions ........................................................................ ................. l3 4.03 Differing Subsurface or Physical Cnmjitinnn—...................................................... ........... ....... }% 4.04 Underground Facilities ................................... ,......................................................... ............... l3 4.05 Reference Points ................................... .................................................................................... 14 4.06 Hazardous Environmental Condition adSite .............................................................................. }4 Article5—Bonds and Insurance ......... .................................... ...................................................................... ]6 5.01 Licensed Sureties and Insurers ........... .............................. ....... .................. ............................. )6 5.03 Performance, Payment, and Maintenance Bonds ........................................................ .............. lb 5.03 Certificates nfInsurance .................... ............................ ........................................................... l6 5.04 Contractor's Insurance .................... —...................................................................................... lD 5.05 Acceptance of Bonds and Insurance; Option to Replace .............................. ............ ............ lg Article 6—Contractor's Responsibilities........................................................................................................ }p oomFORTWORTH STANDARD CONSTRUCTION xosomc»zuOmDOCUMENTS 6.02 Labor; Working Hours................................................................................................................20 6.03 Services, Materials, and Equipment...........................................................................................20 6.04 Project Schedule..........................................................................................................................21 6.05 Substitutes and "Or-Equals".......................................................................................................21 6.06 Concerning Subcontractors, Suppliers, and Others.................................................................-24 6.07 Wage Rates..................................................................................................................................25 6.08 Patent Fees and Royalties...........................................................................................................26 6.09 Permits and Utilities....................................................................................................................27 6.10 Laws and Regulations................................................................................................................. 27 6.11 Taxes...........................................................................................................................................28 6.12 Use of Site and Other Areas....................................................................................................... 28 6.13 Record Documents......................................................................................................................29 6.14 Safety and Protection.................................................................................................................. 29 6.15 Safety Representative.................................................................................................................. 30 6.16 Hazard Communication Programs.............................................................................................30 6,17 Emergencies and/or Rectification............................................................................................... 30 6.18 SubmittaIs....................................................................................................................................31 6.19 Continuing the Work...................................................................................................................32 6.20 Contractor's General Warranty and Guarantee..........................................................................32 6.21 Indemnification.........................................................................................................................33 6.22 Delegation of Professional Design Services.............................................................................. 34 6.23 Right to Audit.............................................................................................................................. 34 6.24 Nondiscrimination.......................................................................................................................35 Article7 Other Work at the Site................................................................................................................... 35 7.01 Related Work at Site...................................................................................................................35 7.02 Coordination................................................................................................................................36 Article8 City's Responsibilities...................................................................................................................36 8.01 Communications to Contractor...................................................................................................36 8.02 Furnish Data................................................................................................................................36 8.03 Pay When Due............................................................................................................................ 36 8.04 Lands and Easements; Reports and Tests..... . ............................................................................. 36 8.05 Change Orders.............................................................................................................................36 8.06 Inspections, Tests, and Approvals.............................................................................................. 36 8.07 Limitations on City's Responsibilities....................................................................................... 37 8.08 Undisclosed Hazardous Environmental Condition....................................................................37 8.09 Compliance with Safety Program ...............................................................................................37 Article 9 City's Observation Status During Construction...........................................................................37 9.01 City's Project Manager............................................................................................................37 9.02 Visits to Site................................................................................................................................37 9,03 Authorized Variations in Work..................................................................................................39 9.04 Rejecting Defective Work.......................................................................................................... 38 9.05 Determinations for Work Performed..........................................................................................38 9.06 Decisions on Requirements of Contract Documents and Acceptability of Worl.................. ....38 CITY OF FORT WORTH STANDARI] CONSTRUCTION SPECIFICATION DOCUMENTS Revisiow Febmy2,2016 Article 10 - Changes in the Work; Claims; Extra Work................................................................................38 10.01 Authorized Changes in the Worlc...............................................................................................38 10.02 Unauthorized Changes in the Work...........................................................................................39 10.03 Execution of Change Orders....................................................................................................... 39 10.04 Extra Work.................................................................................................................................. 39 10.05 Notification to Surety..................................................................................................................39 10.06 Contract Claims Process....................................•........................................................................40 Article 11 - Cost of the Work; Allowances; Unit Price Work; Plans Quantity Measurement ......................41 11.01 Cost ofthe Work.........................................................................................................................41 11.02 Allowances..................................................................................................................................43 11.03 Unit Price Work.......................................................................................................................... 44 11.04 Plans Quantity Measurement......................................................................................................45 Article 12 - Change of Contract Price; Change of Contract Time................................................................. 46 12.01 Change of Contract Price............................................................. ............................. .................. 46 12.02 Change of Contract Time............................................................................................................ 47 12.03 Delays..........................................................................................................................................47 Article 13 - Tests and Inspections; Correction, Removal or Acceptance of Defective Work ...................... 48 13.01 Notice of Defects........................................................................................................................ 48 13.02 Access to Work........................................................................................................................... 48 13.03 Tests and Inspections..................................................................................................................48 13.04 Uncovering Work........................................................................................................................49 13.05 City May Stop the Work.............................................................................................................49 13.06 Correction or Removal of Defective Warlc................................................................................ 50 13,07 Correction Period ................................... -......................... ......................................................... 50 13.08 Acceptance of Defective War] c...................................................................................................51 13.09 City May Correct Defective Work............................................................................................. 51 Article 14 - Payments to Contractor and Completion.................................................................................... 52 14.01 Schedule of Values ...................................... ....-............................... .....,................................... . 52 14.02 Progress Payments...................................................................................................................... 52 14.03 Contractor's Warranty of Title................................................................................................... 54 14.04 Partial Utilization........................................................................................................................ 55 14.05 Final Inspection...........................................................................................................................55 14.06 Final Acceptance......................................................................................................................... 55 14.07 Final Payment..............................................................................................................................56 14.08 Final Completion Delayed and Partial Retainage. Release........................................................ 56 14.09 Waiver of Claims........................................................................................................................57 Article 15 Suspension of Work and Termination........................................................................................57 15.01 City May ,Suspend Work.............................................................................................................57 15.02 City May Terminate for Cause...................................................................................................58 15.03 City May Terminate For Convenience....................................................................................... 60 Article16 -- Dispute Resolution...................................................................................................................... 61 16.01 Methods and Procedures.............................................................................................................61 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; Febmaiy2,2016 AI-ticle 17 — Miscellaneous................................................................................ 17.01 Giving Notice................................................................................ 17.02 Computation of Times...—............................................................ 17.03 Cumulative Remedies................................................................... 17.04 Survival of Obligations...—........................................................... 17.05 Headings........................................................................................ CITYOF FORT WOWrH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbaiary2,2016 ............................................162 ............................................. 62 ............................................. 62 ....................................... 62 ............................................. 63 ............................................. 63 00 72 00 - 1 GENERAL CONDITIONS Page 1 of63 ARTICLE 1 --- DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in these General Conditions or in other Contract Documents, the terms listed below have the meanings indicated which are applicable to both the singular and plural thereof, and words denoting gender shall include the masculine, feminine and neuter. Said terms are generally capitalized or written in italics, but not always. When used in a context consistent with the definition of a listed -defined term, the term shall have a meaning as defined below whether capitalized or italicized or otherwise. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms. 1. Addenda —Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents. 1 Agreement --The written instrument which is evidence of the agreement between City and Contractor covering the Work. 3. Application for Payment --The form acceptable to City which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos —Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. A1.1)ard—Authorization by the City Council for the City to enter into an Agreement. 6. Bid —The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 7. Bidden The individual or entity who submits a Bid directly to City. 8, Bidding Documents —The Bidding Requirements and the proposed Contract Documents (including all Addenda). 9. Bidding Requirements —The advertisement or Invitation to Bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements. 10. Business Day A business day is defined as a day that the City conducts normal business, generally Monday through Friday, except for federal or state holidays observed by the City. 11. Buzzsavlr— City's on-line, electronic document management and collaboration system. 12. Calendar Day — A day consisting of 24 hours measured fi•om midnight to the next midnight. CITY OP PORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUNLRNTS Revision: Pebruary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 2 of 63 13. Change Order —A document, which is prepared and approved by the City, which is signed by Contractor and City and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Time, issued on or after the Effective Date of the Agreement. 14. Cite----- The City of Fort Worth, Texas, a home -rule municipal corporation, authorized and chartered under the Texas State Statutes, acting by its governing body through its City Manager, his designee, or agents authorized under his behalf, each of which is required by Charter to perform specific duties with responsibility for final enforcement of the contracts involving the City of Ford Worth is by Charter vested in the City Manager and is the entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 15. Cily Attorney — The officially appointed City Attorney of the City of Fort Worth, Texas, or his duly authorized representative, 16. City Council - The duly elected and qualified governing body of the City of Fort Worth, Texas. 17. Citi Manager The officially appointed and authorized City Manager of the City of Fort Worth, Texas, or his duly authorized representative. 18. Contract Clain? —A demand or assertion by City or Contractor seeking an adjustment of Contract Price or Contract Time, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Contract Claim. 19. Contract Te entire and integrated written document between the City and Contractor concerning the Work. The Contract contains the Agreement and all Contract Documents and supersedes prior negotiations, representations, or agreements, whether written or oral, 20. Contract Documents —Those items so designated in the Agreement. All items listed in the Agreement are Contract Documents. Approved Submittals, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 21. Contract Price —The moneys payable by City to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the ease of Unit Price Work). 22. Contract. Dine —The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any and (ii) complete the Work so that it is ready for Final Acceptance. 23. Contractor The individual or entity with whom City has entered into the Agreement. 24. Cost of the Work —See Paragraph 11.01 of these General Conditions for definition. CITY OF FORT WORTH STANDARD CONSTRUCT70N SPECIFICATION DOCUMENTS Revision: Febmary2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 3 of63 25, Damage Claims — A demand for money or services arising from the Project or Site from a third party, City or Contractor exclusive of a Contract Claim. 26. Da}� or day —A day, unless otherwise defined, shall mean a Calendar Day. 27. Director of Aviation — The officially appointed Director of the Aviation Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 28. Director of Parks and Community Sen ces The officially appointed Director of the Parks and Community Services Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 29. Director of Planning and Development -- The officially appointed Director of the Planning and Development Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 30. Director of Transportation Public Works — The officially appointed Director of the Transportation Public Works Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 31. Director of Water Department -- The officially appointed Director of the Water Department of the City of Fort Worth, Texas, or his duly appointed representative, assistant, or agents. 32. Drawings —That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Submittals are not Drawings as so defined. 33. Effective Date of the Agreement —.-The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver, 34. Engineer —The licensed professional engineer or engineering firm registered in the State of Texas performing professional services for the City. 35. Extra Work. — Additional work made necessary by changes or alterations of the Contract Documents or of quantities or for other reasons for which no prices are provided in the Contract Documents. Extra work shall be part of the Work. 36. Field Order —A written order issued by City which requires changes in the Work but which does not involve a change in the Contract Price, Contract Time, or the intent of the Engineer. Field Orders are paid fiom Field Order Allowances incorporated into the Contract by funded work type at the time of award. 37. Final Acceptance — The written notice given by the City to the Contractor that the Work specified in the Contract Documents has been completed to the satisfaction of the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rcwsion: Febrwiy2,2016 007200-1 GENERAL CONDITIONS Page 4 of63 38. Final Inspection — Inspection carried out by the City to verify that the Contractor has completed the Work, and each and every part or appurtenance thereof, fully, entirely, and in conformance with the Contract Documents. 39. General Requirements —Sections of D ivision I of the Contract Documents. 40. Hazardous Environmental Condition —The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, Radioactive Material, or other materials in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto. 41. Hazardous Waste Hazardous waste is defined as any solid waste listed as hazardous or possesses one or more hazardous characteristics as defined in the federal waste regulations, as amended fi-om time to time. 42. Laivs and Regulations —Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 43. Liens —Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 44. Major Item — An Item of work included in the Contract Documents that has a total cost equal to or greater than 5% of the original Contract Price or $25,000 whichever is less. 45. Milestone —A principal event specified in the Contract Documents relating to an intermediate Contract Time prior to Final Acceptance of the Work. 46. Notice of'Arvard The written notice by City to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, City will sign and deliver the Agreement. 47. Notice to Proceed —A written notice given by City to Contractor fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform the Work specified in Contract Documents. 48. PCBs —Polychlorinated biphenyls. 49. Petroleum Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non -hazardous Waste and crude oils. 50. Plans — See definition of Drawings. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 007200-1 GENERAL CONDITIONS Page S of63 51, Project Schedule A schedule, prepared and maintained by Contractor, in accordance with the General Requirements, describing the sequence and duration of the activities comprising the Contractor's plan to accomplish the Work within the Contract Time. 52, Project —The Work to be performed under the Contract Documents. 53. Project Manager ---The authorized representative of the City who will be assigned to the Site. 54. Public Meeting --- An announced meeting conducted by the City to facilitate public participation and to assist the public in gaining an informed view of the Project. 55. Radioactive Material —Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 56. Regular Working Hours — Hours beginning at 7:00 a.m. and ending at 6:00 p.m., Monday thru Friday (excluding legal holidays). 57. Samples —Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 58. Schedule of Sarbn7ittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 59. Schedule of TVahres --A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Wort{ and used as the basis for reviewing Contractor's Applications for Payment. 60. Site —bands or areas indicated in the Contract Documents as being furnished by City upon which the Work is to be performed, including rights -of -way, permits, and easements for access thereto, and such other lands furnished by City which are designated for the use of Contractor. 61. Specifications —That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. Specifications may be specifically made a part of the Contract Documents by attachment or, if not attached, may be incorporated by reference as indicated in the Table of Contents (Division 00 00 00) of each Project. 62. Subcontractor —An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site. CITY OF FORT WORTH STANDARD CONSTRUCE N SPECIFICATION DOCUMENTS Revision: Febn aryl, 2016 00 72 00 - I GENERAL CONDITIONS Page 6 of63 63. S' thmittals—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 64. Successfirl. BidderThe Bidder submitting the lowest and most responsive Bid to whom City mattes an Award. 65. Superintendent The representative of the Contractor who is available at all times and able to receive instructions from the City and to act for the Contractor. 66, Supplementary Conditions —That part of the Contract Documents which amends or supplements these General Conditions. 67. Supplier — A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor. 68. Underground Facilities All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including but not limited to, those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 69. Unit Price Work ---Sec Paragraph 11.03 of these General Conditions for definition. 70. Weekend Working Hours — Hours beginning at 9:00 a.m. and ending at 5:00 p.m., Saturday, Sunday or legal holiday, as approved in advance by the City. 71. Work —The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction including any Change Order or Field Order, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 72. Working Day —A working day is defined as a day, not including Saturdays, Sundays, or legal holidays authorized by the City for contract purposes, in which weather or other conditions not under the control of the Contractor will permit the performance of the principal unit of wont underway for a continuous period of not less than 7 hours between 7 a.m. and 6 p.m. 1.02 Terminology A. The words and terms discussed in Paragraph 1.02.B through E are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning. B. Intent. of Certain Ter°rns or^Adjectives: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 00 72 00 - l GENERAL. CONDITIONS Page 7 oF63 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. FzI177ish, Install, Perform, Provide. - The word "Furnish" or the word "Install" or the word "Perform" or the word "Provide" or the word "Supply," or any combination or similar directive or usage thereof, shall mean furnishing and incorporating in the Work including all necessary labor, materials, equipment, and everything necessary to perform the Work indicated, unless specifically limited in the context used. E. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 — PRELIMINARY MATTERS 2,01 Copies of Documents City shall furnish to Contractor one (1) original executed copy and one (1) electronic copy of the Contract Documents, and four (4) additional copies of the Drawings. Additional copies will be furnished upon request at the cost of reproduction. 2.02 Commencement of Contract Time; Notice to Proceed The Contract Time will continence to run on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 14 days after the Effective Date of the Agreement. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FehritaFy2,2016 007200-1 GENERAL CONDITIONS Page S of'63 2.03 Startingthe Work Contractor shall stag to perform the Work on the date when the Contract Time commences to run. No Work shall be done at the Site prior to the date on which the Contract Time commences to run. 2.04 Before Starting Construction Baseline Schedules: Submit in accordance with the Contract Documents, and prior to starting the Work. 2.05 Preconstruction Conference Before any Work. at the Site is started, the Contractor shall attend a Preconstruction Conference as specified in the Contract Documents. 2.06 Public Meeting Contractor may not mobilize any equipment, materials or resources to the Site prior to Contractor attending the Public Meeting as scheduled by the City. 2.07 InitialAcceptrance of Schedules No progress payment shall be made to Contractor until acceptable schedules are submitted to City in accordance with the Schedule Specification as provided in the Contract Documents. ARTICLE 3 — CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one is as binding as if required by all. B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or fi•om prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to City. C. Clarifications and interpretations of the Contract Documents shall be issued by City. D. The Specifications may vary in form, format and style. Some Specification sections may be written in varying degrees of streamlined or declarative style and some sections may be relatively narrative by comparison. Omission of such words and phrases as "the Contractor shall," "in conformity with," "as shown," or "as specified" are intentional in streamlined sections. Omitted words and phrases shall be supplied by inference. Similar types of provisions may appear in various parts of a section or articles within a part depending on the format of the CITY OF PORT WORTH STANDARDCONsmucnON SPECIFICATION DOCUMENTS Revision: Febntary2,2016 00 72 00 -I GENERAL CONDITIONS Page 9 o f 63 section. The Contractor shall not flake advantage of any variation of foriA format or style in making Contract Claims. E. The cross referencing of specification sections under the subparagraph heading "Related Sections include but are not necessarily limited to:" and elsewhere within each Specification section is provided as an aid and convenience to the Contractor. The Contractor shall not rely on the cross referencing provided and shall be responsible to coordinate the entire Work under the Contract Documents and provide a complete Project whether or not the cross referencing is provided in each section or whether or not the cross referencing is complete. 3,02 Reference Standards A, Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall nnean the standard, specification, manual, code, or Laws or Regulations in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual, or code, or any instruction of a Supplier, shall be effective to change the duties or responsibilities of City, Contractor, or any of their subcontractors, consultants, agents, or employees, from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to City, or any of its officers, directors, members, partners, employees, agents, consultants, or subcontractors, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake responsibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies: I. Contractor's .Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein against all applicable field measurements and conditions. Contractor shall promptly report in writing to City any conflict, error, ambiguity, or discrepancy which Contractor discovers, or has actual knowledge of, and shall obtain a written interpretation or clarification fr•orn City before proceeding with any Work affected thereby. 2. Contractor's Revieiiv of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable Law or Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier, then Contractor shall promptly report it to City in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph CITY OF FORT WORTH STAN DARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FebRuty2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 10 of 63 6.17.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to City for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof, B. Resolving Discrepancies: l . Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and the provisions of any standard, specification, manual, or the instruction of any Supplier (whether or not specifically incorporated by reference in the Contract Documents). 2. In case of discrepancies, figured dimensions shall govern over scaled dimensions, Plans shall govern over Specifications, Supplementary Conditions shall govern over General Conditions and Specifications, and quantities shown on the Plans shall govern over those shown in the proposal. 3.04 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by a Change Order. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work not involving a change in Contract Price or Contract Time, may be authorized, by one or more of the following ways: 1. A Field Order; 2. City's review of Submittal (subject to the provisions of Paragraph 6.18.C); or 3. City's written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier shall not: 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer, including electronic media editions; or 2. reuse any such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of City and specific written verification or adaptation by Engineer. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fekuary2,2016 00 72 00 - I GENERAL CONDITIONS Pane i I of63 B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Unless otherwise stated in the Supplementary Conditions, the data furnished by City or Engineer to Contractor, or by Contractor to City or Engineer, that may be relied upon are limited to the printed copies included in the Contract Documents (also known as hard copies) and other Specifications referenced and located on the City's Buzzsaw site. Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user's sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of sollware application packages, operating systems, or computer hardware differing from those used by the data's creator. ARTICLE 4 — AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availabilio) ofLands A. City sball furnish the Site. City shall notify Contractor of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. City will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. The City has obtained or anticipates acquisition of and/or access to right-of-way, and/or easements. Any outstanding right-of-way and/or easements are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding right-of-way, and/or easements. 2. The City has or anticipates removing and/or relocating utilities, and obstructions to the Site. Any outstanding removal or relocation of utilities or obstructions is anticipated in accordance with the schedule set fbitb in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding utilitics or obstructions to be removed, adjusted, and/or relocated by others. B. Upon reasonable written request, City shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which the Work is to be performed. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: F"ary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 12 oF63 C. Contractor shall provide for all additional lands and access thereto that may be required for construction facilities or storage of materials and equipment. 4.02 Suhsiuface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports known to City of explorations and tests of subsurface conditions at or contiguous to the Site; and 2. those drawings known to City of physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities). B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: if Contractor believes that any subsurface or physical condition that is uncovered or revealed either: 1. is of such a nature as to establish that any "technical data" on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUWNTS Revision: Febrmy2,2016 007200-I GENERALCONDMONS Page 13 of63 then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any 'Work in connection therewith (except in an emergency as required by Paragraph 6.17.A), notify City in writing about such condition. B. Possible Price and Time Ac justments Contractor shall not be entitled to any adjustment in the Contract Price or Contract Time if: 1. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to City with respect to Contract Price and Contract Time by the submission of a Bid or becoming bound under a negotiated contract; or 2. the existence of such condition could reasonably have been discovered or revealed as a result of the examination of the Contract Documents or the Site; or 3. Contractor failed to give the written notice as required by Paragraph 4.03.A. 4.04 Underground Facilities A. Shorin or Indicated- The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to City or Engineer by the owners of such Underground Facilities, including City, or by others. Unless it is otherwise expressly provided in the Supplementary Conditions: 1. City and Engineer shall not be responsible for the accuracy or completeness of any such information or data provided by others; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data; b. locating all Underground Facilities shown or indicated in the Contract Documents; c. coordination and adjustment of the Work with the owners of such Underground Facilities, including City, during construction; and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated.- 1, If an Underground Facility which conflicts with the Work is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any CITY OF FORT WORTH STANDARDCONSTRUCTION MCIFICATION DOCUfvMNTS Revision: Febniary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 14 o163 Work in connection therewith (except in an emergency as required by Paragraph 6, I7.A), identify the owner of such Underground Facility and give notice to that owner and to City. City will review the discovered Underground Facility and determine the extent, if any, to which a change may be required in the Contract Documents to reflect and document the consequences of the existence or location of the Underground Facility. Contractor shall be responsible for the safety and protection of such discovered Underground Facility. 2. If City concludes that a change in the Contract Documents is required, a Change Order may be issued to reflect and document such consequences. 3. Verification of existing utilities, structures, and service lines shall include notification of all utility companies a minimum of 48 hours in advance of construction including exploratory excavation if necessary. 4.05 Reference Pointy A. City shall provide engineering surveys to establish reference points for construction, which in City's judgment are necessary to enable Contractor to proceed with the Work. City will provide construction stakes or other customary method of marking to establish line and grades for roadway and utility construction, centerlines and benchmarks for bridgework. Contractor shall protect and preserve the established reference points and property monuments, and shall make no changes or relocations. Contractor shall report to City whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations. The City shall be responsible for the replacement or relocation of reference points or property monuments not carelessly or willfully destroyed by the Contractor. The Contractor shall notify City in advance and with sufficient time to avoid delays. B. Whenever, in the opinion of the City, any reference point or monument has been carelessly or willfully destroyed, disturbed, or removed by the Contractor or any of his employees, the Rill cost for replacing such points plus 25% will be charged against the Contractor, and the full amount will be deducted from payment due the Contractor. 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to City relating to Hazardous Environmental Conditions that have been identified at the Site. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the accuracy of the "technical data" contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such "technical data" is identified in the Supplementary Conditions. Contractor may not make any Contract Claim against City, or any of their officers, directors, members, partners, employees, agents, consultants, or subcontractors with respect to: 1. the completeness of such reports and drawings for Contractor's purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnrary2,2046 00 72 00 - 1 GENERAL CONDITIONS Page 15 of 63 construction to be employed by Contractor and safety precautions and programs incident thereto; or 2, other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or revealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.17.A); and (iii) notify City (and promptly thereafter confirm such notice in writing). City may consider the necessity to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after City has obtained any required permits related thereto and delivered written notice to Contractor: (i) specifying that such condition and any affected area is or has been rendered suitable for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then City may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. City may have such deleted portion of the Work performed by City's own forces or others. G. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and Bold harmless City, frona and against all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys; and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to a Hazardous Environmental. Condition created by Contractor or by anyone for l.tahom Contractor is responsible. Nothing in this Paragraph 4.06.G shall obligate Contractor to inderrrn6 any individual or entity from and against the consequences of that individual's or entity's ol'im 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. CITY of FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 16 oF63 ARTICLE 5 — BONDS AND INSURANCE 5.01 Licensed Surefies and Insu ets All bonds and insurance required by the Contract Documents to be purchased and maintained by Contractor shall be obtained from surety or insurance companies that are duly licensed or authorized in the State of Texas to issue bonds or insurance policies for the limits and coverages so required. Such surety and insurance companies shall also meet such additional requirements and qualifications as may be provided in the Supplementary Conditions. 5.02 Performance, Payment, and Maintenance Bonds A. Contractor shall furnish performance and payment bonds, in accordance with Texas Government Code Chapter 2253 or successor statute, each in an amount equal to the Contract Price as security for the faithful performance and payment of all of Contractor's obligations under the Contract Documents. B. Contractor shall furnish maintenance bonds in an amount equal to the Contract Price as security to protect the City against any defects in any portion of the Work described in the Contract Documents. Maintenance bonds shall remain in effect for two (2) years after the date of Final Acceptance by the City. C. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by Laws or Regulations, and shall be executed by such sureties as are named in the list of "Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Financial Management Service, Surety Bond Branch, U.S. Department of the Treasury. All bonds signed by an agent or attorney -in -fact must be accompanied by a sealed and dated power of attorney which shall show that it is effective on the date the agent or attorney -in -fact signed each bond. D. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in the State of Texas or it ceases to meet the requirements of Paragraph 5.02.C, Contractor shall promptly notify City and shall, within 30 days after the event giving rise to such notification, provide another bond and surety, both of which shall comply with the requirements of Paragraphs 5.01 and 5.02.C. 5.03 CertifrcatesofInsurance Contractor shall deliver to City, with copies to each additional insured and loss payee identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance requested by City or any other additional insured) which Contractor is required to purchase and maintain. 1. The certificate of insurance shall document the City, and all identified entities named in the Supplementary Conditions as "Additional Insured" on all liability policies. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Felxaary2,2016 00 72 0D - 1 GENERAL. CONDITIONS Page 17 of 63 2. The Contractor's general liability insurance shall include a, "per project" or "per location", endorsement, which shall be identified in the certificate of insurance provided to the City. 3. The certificate shall be signed by an agent authorized to bind coverage on behalf of the insured, be complete in its entirety, and show complete insurance carrier names as listed in the current A.M. Best Property & Casualty Guide 4. The insurers for all policies must be licensed and/or approved to do business in the State of Texas. Except for workers' compensation, all insurers must have a minimum rating of A-: VII in the current A. M. Best Key Rating Guide or have reasonably equivalent financial strength and solvency to the satisfaction of Risk Management, If the rating is below that required, written approval of City is required. 5. All applicable policies shall include a Waiver of Subrogation (Rights of Recovery) in favor of the City. In addition, the Contractor agrees to waive all rights of subrogation against the Engineer (if applicable), and each additional insured identified in the Supplementary Conditions 6. Failure of the City to demand such certificates or other evidence of full compliance with the insurance requirements or failure of the City to identify a deficiency from evidence that is provided shall not be construed as a waiver of Contractor's obligation to maintairl such lines of insurance coverage. 7. If insurance policies are not written for specified coverage limits, an Umbrella or Excess Liability insurance for any differences is required, Excess Liability shall follow form of the primary coverage. 8. Unless otherwise stated, all required insurance shall be written on the "occurrence basis". If coverage is underwritten on a claims -made basis, the retroactive date shall be coincident with or prior to the date of the effective date of the agreement and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of the Contract and for three (3) years following Final Acceptance provided under the Contract Documents or for the warranty period, whichever is longer. An annual certificate of insurance submitted to the City shall evidence such insurance coverage. 9. Policies shall have no exclusions by endorsements, which, neither nullify or amend, the required lines of coverage, nor decrease the limits of said coverage unless such endorsements are approved in writing by the City. In the event a Contract has been bid or executed and the exclusions are determined to be unacceptable or the City desires additional insurance coverage, and the City desires the contractor/engineer to obtain such coverage, the contract price shall be adjusted by the cost of the premium for such additional coverage plus 10%. 10. Any self -insured retention (SIR), in excess of $25,000.00, affecting required insurance coverage shall be approved by the City in regards to asset value and stockholders' equity. In CITY OF FORT WORTH STANDARD CONSTRUCTION SFtCIFICATION DOCUMENTS Revision: Febntary2,2016 00 72 00 - l GENERAL CONDITIONS Page 18 of 63 lieu of traditional insurance, alternative coverage maintained through insurance pools or risk retention groups, must also be approved by City. 11. Any deductible in excess of $5,000.00, for any policy that does not provide coverage on a first -dollar basis, must be acceptable to and approved by the City. 12. City, at its sole discretion, reserves the right to review the insurance requirements and to make reasonable adjustments to insurance coverage's and their limits when deemed necessary and prudent by the City based upon changes in statutory law, court decision or the claims history of the industry as well as of the contracting party to the City. The City shall be required to provide prior notice of 90 days, and the insurance adjustments shall be incorporated into the Work by Change Order. 43, City shall be entitled, upon written request and without expense, to receive copies of policies and endorsements thereto and may make any reasonable requests for deletion or revision or modifications of particular policy terms, conditions, limitations, or exclusions necessary to conform the policy and endorsements to the requirements of the Contract. Deletions, revisions, or modifications shall not be required where policy provisions are established by law or regulations binding upon either party or the underwriter an any such policies. 14. City shall not be responsible for the direct payment of insurance premium costs for Contractor's insurance. 5.04 Contractor's Insurance A. Workers Conyiensation and Employers' Liability. Contractor shall purchase and maintain such insurance coverage with limits consistent with statutory benefits outlined in the Texas Workers' Compensation Act (Texas Labor Code, Ch. 406, as amended), and minimum limits for Employers' Liability as is appropriate for the Work being performed and as will provide protection from claims set forth below which may arise out of or result from Contractor's performance of the Work and Contractor's other obligations under the Contract Documents, whether it is to be performed by Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable: 1. claims under workers' compensation, disability benefits, and other similar employee benefit acts; 2, claims for damages because of bodily injury, occupational sickness or disease, or death of Contractor's employees. B. Commercial General Liability. Coverage shall include but not be limited to covering liability (bodily injury or property damage) arising from: premises/operations, independent contractors, products/completed operations, personal injury, and liability under an insured contract. Insurance shall be provided on an occurrence basis, and as comprehensive as the current Insurance Services Office (ISO) policy. This insurance shall apply as primary insurance with respect to any other CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehruary2,2016 00 72 00 - 1 GENERAL CDNDIT[ONS Page 19 of63 insurance or self-insurance programs afforded to the City. The Commercial General Liability policy, shall have no exclusions by endorsements that would alter of nullify premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained with the policy, unless the City approves such exclusions in writing. For construction projects that present a substantial completed operation exposure, the City may require the contractor to maintain completed operations coverage for a minimum of no less than three (3) years following the completion of the project (if identified in the Supplementary Conditions). C. Automobile Liabilio}, A commercial business auto policy shall provide coverage on "any auto", defined as autos owned, hired and non -owned and provide indernnity for claims for damages because bodily injury or death of any person and or property damage arising out of the work, maintenance or use of any motor vehicle by the Contractor, any Subcontractor or Supplier, or by anyone directly or indirectly employed by any of them to perform any of the Work, or by anyone for whose acts any of them may be liable. D. Railroad Protective Liability, If any of the work or any warranty work is within the limits of railroad right-of-way, the Contractor shall comply with the requirements identified in the Supplementary Conditions. E. Notification of Policy Cancellation: Contractor shall immediately notify City upon cancellation or other loss of insurance coverage. Contractor shall stop work until replacement insurance has been procured. There shall be no time credit for days not worked pursuant.to this section. 5.05 Acceptance of -Bonds and Insurance; Option to Replace If City has any objection to the coverage afforded by or other provisions of the bonds or insurance required to be purchased and maintained by the Contractor in accordance with Article 5 on the basis of non-conformance with the Contract Documents, the City shall so notify the Contractor in writing within 10 Business Days after receipt of the certificates (or other evidence requested). Contractor shall provide to the City such additional information in respect of insurance provided as the City may reasonably request. If Contractor does not purchase or maintain all of the bonds and insurance required by the Contract Documents, the City shall notify the Contractor in writing of such failure prior to the start of the Work, or of such failure to maintain prior to any change in the required coverage. ARTICLE 6 — CONTRACTOR'S RESPONSISILMES 6.01 Supervision and Superintendence A. Contractor shall supervise, inspect, and direct the Work competently and efficiently, devoting such attention thereto and applying such skills and expertise as may be necessary to perform the Work in accordance with the Contract Documents. Contractor shall be solely responsible for the means, methods, techniques, sequences, and procedures of construction. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnuwy2,2D16 00 72 00 - 1 GENERAL CONDITIONS Page 20 of 63 B. At all times during the progress of the Work, Contractor shall assign a competent, English- speaking, Superh-Itendent who shall not be replaced without written notice to City. The Superintendent will be Contractor's representative at the Site and shall have authority to act on behalf of Contractor. All communication given to or received from the Superintendent shall be binding on Contractor. C. Contractor shall notify the City 24 hours prior to moving areas during the sequence of construction. 6,02 Labor; Worldng Hours A. Contractor shall provide competent, suitably qualified personnel to perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the Site. B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be performed during Regular Working Hours. Contractor will not permit the performance of Work beyond Regular Working Hours or for Weekend Working Hours without City's written consent (which will not be unreasonably withheld). Written request (by letter or electronic communication) to perform Work: 1. for beyond Regular Working Hours request must be made by noon at least two (2) Business Days prior 2. for Weekend Working I lours request must be made by noon of the preceding Thursday 3. for Iegal holidays request must be made by noon two Business Days prior to the legal holiday. 6.03 Services, Materials, and Equipment A. Unless otherwise specified in the Contract Documents, Contractor shall provide and assume full responsibility for all services, materials, equipment, labor, transportation, construction equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities, and all other facilities and incidentals necessary for the performance, Contractor required testing, start-up, and completion of the Work. B. All materials and equipment incorporated into the WorI< shall be as specified or, if not specified, shall be of good quality and new, except as otherwise provided in the Contract Documents. All special warranties and guarantees required by the Specifications shall expressly run to the benefit of City. If required by City, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the source, kind, and quality of materials and equipment. CITY OF FORTNVORT14 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fe6mary2,2016 00 72 00 - I GENERAL CONDITIONS Paget! of63 C. All materials and equipment to be incorporated into the Work shall be stored, applied, installed, connected, erected, protected, used, cleaned, and conditioned in accordance with instructions of the applicable Supplier, except as otherwise may be provided in the Contract Documents. D. All items of standard equipment to be incorporated into the Work shall be the latest model at the time of bid, unless otherwise specified. 6.04 Project Schedule A. Contractor shall adhere to the Project Schedule established in accordance with Paragraph 2.07 and the General Requirements as it may be adjusted from time to time as provided below. 1. Contractor shall submit to City for acceptance (to the extent indicated in Paragraph 2.07 and the General Requirements) proposed adjustments in the Project Schedule that will not result in changing the Contract Time. Such adjustments will comply with any provisions of the General Requirements applicable thereto. 2. Contractor shall submit to City a monthly Project Schedule with a monthly progress payment for the duration of the Contract in accordance with the schedule specification 0132 16. 3. Proposed adjustments in the Project Schedule that will change the Contract Time shall be submitted in accordance with the requirements of Article 12. Adjustments in Contract Time may only be made by a Change Order. 6.05 Substitutes and "Or -Equals" A. Whenever an item of material or equipment is specified or described in the Contract Documents by using the name of a proprietary item or the name of a particular ,Supplier, the specification or description is intended to establish the type, function, appearance, and quality required. Unless the specification or description contains or is followed by words reading that no like, equivalent, or "or -equal" item or no substitution is permitted, other items of material or equipment of other Suppliers may be submitted to City for review under the circumstances described below. "Or -Equal ".Items; If in City's sole discretion an item of material or equipment proposed by Contractor is functionally equal to that named and sufficiently similar so that no change in related Work will be required, it may be considered by City as an "or -equal" item, in which case review and approval of the proposed item may, in City's sole discretion, be accomplished without compliance with some or all of the requirements for approval of proposed substitute items. For the purposes of this Paragraph 6.05.A.1, a proposed item of material or equipment will be considered functionally equal to an item so named if: a. the City determines that: 1) it is at least equal in materials of construction, quality, durability, appearance, strength, and design characteristics; CITY of FORT WORTH STANDARD CONSTRU CTION SPECIFICATION DOCUMENTS Revision: Febniary2,20I6 00 72 00 - 1 GENERAL CONDITIONS Page 22 of 63 2) it will reliably perform at least equally well the function and achieve the results imposed by the design concept of the completed Project as a functioning whole; and 3) it has a proven record of performance and availability of responsive service; and b. Contractor certifies that, if approved and incorporated into the Work: 1) there will be no increase in cost to the City or increase in Contract Time; and 2) it will conform substantially to the detailed requirements of the item named in the Contract Documents. 2. Substitute Items: a. if in City's sole discretion an item of material or equipment proposed by Contractor does not qualify as an "or -equal" item under Paragraph 6.05.A.1, it may be submitted as a proposed substitute item. b. Contractor shall submit sufficient information as provided below to allow City to determine if the item of material or equipment proposed is essentially equivalent to that named and an acceptable substitute therefor. Requests for review of proposed substitute items of material or equipment will not be accepted by City from anyone other than Contractor. c. Contractor shall make written application to City for review of a proposed substitute item of material or equipment that Contractor seeks to furnish or use. The application shall comply with Section 01 25 00 and: l) shalI certify that the proposed substitute item will: a) perform adequately the functions and achieve the results called for by the general design; b) be similar in substance to that specified; c) be suited to the same use as that specified; and 2) will state: a) the extent, if any, to which the use of the proposed substitute item will prejudice Contractor's achievement of final completion on tune; b) whether use of the proposed substitute item in the Work will require a change in any of the Contract Documents (or in the provisions of any other direct contract with City for other work on the Project) to adapt the design to the proposed substitute item; CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2,2016 00 72 00 - l GENERAL CONDITIONS Page 23 of 63 c) whether incorporation or use of the proposed substitute item in connection with the Work is subject to payment of any license fee or royalty; and 3) will identify: a) all variations of the proposed substitute item from that specified; b) available engineering, sales, maintenance, repair, and replacement services; and 4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly from use of such substitute item, including costs of redesign and Damage Claims of other contractors affected by any resulting change. B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or procedure of construction is expressly required by the Contract Documents, Contractor may furnish or utilize a substitute means, method, technique, sequence, or procedure of construction approved by City. Contractor shall submit sufficient information to allow City, in City's sole discretion, to determine that the substitute proposed is equivalent to that expressly called for by the Contract Documents. Contractor shall make written application to City for review in the same mariner as those provided in Paragraph 6.05,A.2. C. City's Evaluation: City will be allowed a reasonable time within which to evaluate each proposal or submittal made pursuant to Paragraphs 6.05.A and 6.05.13. City may require Contractor to furnish additional data about the proposed substitute. City will be the sole judge of acceptability. No "or -equal" or substitute will be ordered, installed or utilized until City's review is complete, which will be evidenced by a Change Order in the case of a substitute and an accepted Submittal for an "or -equal." City will advise Contractor in writing of its determination. D. Special Guarantee: City may require Contractor to furnish at Contractor's expense a special performance guarantee, warranty, or other surety with respect to any substitute. Contractor shall indemnify and hold harmless City and anyone directly or indirectly employed by them,frrom and against any and all claims, damages, losses and expenses (including attorneys fees) arising out of the use of substituted materials or equipment. E. City's Cost Reimbursement: City will record City's costs in evaluating a substitute proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05,13. Whether or not City approves a substitute so proposed or submitted by Contractor, Contractor may be required to reimburse City for evaluating each such proposed substitute. Contractor may also be required to reimburse City for the charges for malting changes in the Contract Documents (or in the provisions of any other direct contract with City) resulting fiom the acceptance of each proposed substitute. F. Contractor's Expense: Contractor shall provide all data in support of any proposed substitute or "or -equal" at Contractor's expense. MY or FORT WORTH STANDARD CONSTRICTION SPECIFICATION DOCUMENTS Revision: Iebruary2, 2016 Ua72a0-1 GENERAL CONDITIONS Page 24 of 63 G, City Substitute Reimbursement: Costs (savings or charges) attributable to acceptance of a substitute shall be incorporated to the Contract by Change Order. H. Time Extensions: No additional time will be granted for substitutions. 6.06 Concerning Subcontractors, Suppliers, and Others A. Contractor shall perform with his own organization, work of a value not less than 35% of the value embraced on the Contract, unless otherwise approved by the City. B. Contractor shall not employ any Subcontractor, Supplier, or other individual or entity, whether initially or as a replacement, against whom City may have reasonable objection. Contractor shall not be required to employ any Subcontractor, Supplier, or other individual or entity to furnish or perform any of the Work against whom Contractor has reasonable objection (excluding those acceptable to City as indicated in Paragraph 6.06.C). C. The City may from time to time require the use of certain Subcontractors, Suppliers, or other individuals or entities on the project, and will provide such requirements in the Supplementary Conditions. D. Minority Business Enterprise Compliance: It is City policy to ensure the full and equitable participation by Minority Busiliess Enterprises (MBE) in the procurement of goods and services on a contractual basis. If the Contract Documents provide for a MBE goal, Contractor is required to comply with the intent of the City's MBE Ordinance (as amended) by the following: 1. Contractor shall, upon request by City, provide complete and accurate information regarding actual work performed by a MBE on the Contract and payment therefor. 2. Contractor will not make additions, deletions, or substitutions of accepted MBE without written consent of the City. Any unjustified change or deletion shall be a material breach of Contract and may result in debarment in accordance with the procedures outlined in the Ordinance. 3. Contractor shall, upon request by City, allow an audit and/or examination of any books, records, or files in the possession of the Contractor that will substantiate the actual work performed by an MBE. Material misrepresentation of any nature will be grounds for termination of the Contract in accordance with Paragraph 15.02.A. Any such misrepresentation may be grounds for disqualification of Contractor to bid on future contracts with the City for a period of not less than three years. E. Contractor shall be fully responsible to City for all acts and omissions of the Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work just as Contractor is responsible for Contractor's own acts and omissions. Nothing in the Contract Documents: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2, 2Q 16 007200-1 GENERAL CONDITIONS Pagc 25 of 63 1. shall create for the benefit of any such Subcontractor, Supplier, or other individual or entity any contractual relationship between City and any such Subcontractor, Supplier or other individual or entity; nor 2. shall create any obligation on the part of City to pay or to see to the payment of any moneys due any such Subcontractor, Supplier, or other individual or entity except as may otherwise be required by Laws and Regulations. F. Contractor shall be solely responsible for scheduling and coordinating the Work of Subcontractors, Suppliers, and other individuals or entities performing or furnishing any of the Work under a direct or indirect contract with Contractor. G. All Subcontractors, Suppliers, and such other individuals or entities performing or furnishing any of the Work shall connnunicate with City through Contractor. H. All Work performed for Contractor by a Subcontractor or Supplier will be pursuant to an appropriate agreement between Contractor and the Subcontractor or Supplier which specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract Documents for the benefit of City. 6.07 Wage Rates A. Duty to pay Prevailing Wage Rates. The Contractor shall comply with all requirements of Chapter 2258, Texas Government Code (as amended), including the payment of not less than the rates determined by the City Council of the City of Fort Worth to be the prevailing wage rates in accordance with Chapter 2258. Such prevailing wage rates are included in these Contract Documents. B. Penalty for^ Violation. A Contractor or any Subcontractor who does not pay the prevailing wage shall, upon demand made by the City, pay to the City $60 for each worker employed for each calendar day or part of the day that the worker is paid less than the prevailing wage rates stipulated in these contract documents. This penalty shall be retained by the City to offset its administrative costs, pursuant to Texas Government Code 2258.023. C. Complaints of Violations and City Determination of Good Cause. On receipt of information, including a complaint by a worker, concerning an alleged violation of 2258.023, Texas Government Code, by a Contractor or Subcontractor, the City shall make an initial determination, before the 3lst day after the date the City receives the information, as to whether good cause exists to believe that the violation occurred. The City shall notify in writing the Contractor or Subcontractor and any affected worker of its initial determination. Upon the City's determination that there is good cause to believe the Contractor or Subcontractor has violated Chapter 2258, the City shall retain the full amounts claimed by the claimant or claimants as the difference between wages paid and wages due under the prevailing wage rates, such amounts being subtracted from successive progress payments pending a final determination of the violation. CITY OF FORT WOXFH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Rcti ision: Febmary2, 2016 007200-I GENERAL CONDITIONS Page 26 of 63 D. Arbitration Required if Violation Not Resolved. An issue relating to an alleged violation of Section 2258.023, Texas Government Code, including a penalty owed to the City or an affected worker, shall he submitted to binding arbitration in accordance with the Texas General Arbitration Act (Article 224 et seq., Revised Statutes) if the Contractor or Subcontractor and any affected worker does not resolve the issue by agreement before the 15th day after the date the City makes its initial determination pursuant to Paragraph C above. If the persons required to arbitrate under this section do not agree on an arbitrator before the 1 lth day after the date that arbitration is required, a district court shall appoint an arbitrator on the petition of any of the persons. The City is not a party in the arbitration. The decision and award of the arbitrator is final and binding on all parties and may be enforced in any court of competent jurisdiction. E. Records to be Maintained The Contractor and each Subcontractor shall, for a period of three (3) years following the date of acceptance of the work, maintain records that show (i) the name and occupation of each worker employed by the Contractor in the construction of the Work provided for in this Contract; and (ii) the actual per diem wages paid to each worker, The records shall be open at all reasonable hours for inspection by the City. The provisions of Paragraph 6.23, Right to Audit, shall pertain to this inspection. F. Progress Pa,}nnents. With each progress payment or payroll period, whichever is less, the Contractor shall submit an affidavit stating that the Contractor has complied with the requirements of Chapter 2258, Texas Government Code. G. Posting of Wage Rates. The Contractor shall post prevailing wage rates in a conspicuous place at all times. H. Subcontractor Compliance. The Contractor shall include in its subcontracts and/or shall otherwise require all of its Subcontractors to comply with Paragraphs A through G above. 6.08 Patent Fees and Royalties A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the performance of the Work or the incorporation in the Work of any invention, design, process, product, or device which is the subject of patent rights or copyrights held by others. If a particular invention, design, process, product, or device is specified in the Contract Documents for use in the performance of the Work and if, to the actual knowledge of City, its use is subject to patent rights or copyrights calling for the payment of any license fee or royalty to others, the existence of such rights shall be disclosed by City in the Contract Documents. Failure of the City to disclose such information does not relieve the Contractor from its obligations to pay for the use of said fees or royalties to others. B. To the fullest extent permitted by .Lau)s and Regulations, Contractor shall indemnify and hold harrnlers 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 disparte resolution costs) arising out of or relating to any inffingernent of patent rights or copyrights incident to the use in the per fiormance of the Work or resulting fr orn CITY OF FORT WORTH STANDARD CONSTRUCTION 5 PECIFrCAT10N DOCUMENTS Revision: Febnuay2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 27 of63 the incoi por cation in the Work of any invention, design, process, product, or device not specified in the Contract Documents. 6.09 Perivils and Utilities A. Contractor ohlained permits and licenses. Contractor shall obtain and pay for all construction permits and licenses except those provided for in the Supplementary Conditions or Contract Documents. City shall assist Contractor, when necessary, in obtaining such permits and licenses. Contractor shall pay all governmental charges and inspection fees necessary for the prosecution of the Work which are applicable at the time of opening of Bids, or, if there are no Bids, on the Effective Date of the Agreement, except for permits provided by the City as specified in 6.09.B. City shall pay all charges of utility owners for connections for providing permanent service to the Work. B. City obtained permits and licenses. City will obtain and pay for all permits and licenses as provided for in the Supplementary Conditions or Contract Documents. It will be the Contractor's responsibility to carry out the provisions of the permit. If the Contractor initiates changes to the Contract and the City approves the changes, the Contractor is responsible for obtaining clearances and coordinating with the appropriate regulatory agency. The City will not reimburse the Contractor for any cost associated with these requirements of any City acquired permit. The following are permits the City will obtain if required; 1. Texas Department of Transportation Permits 2. U.S. Army Corps of Engineers Permits 3. Texas Commission on Environmental Quality Permits 4. Railroad Company Permits C. Outstanding permits and licenses. The City anticipates acquisition of anal/or access to permits and licenses. Any outstanding permits and licenses are anticipated to be acquired in accordance with the schedule set forth in the Supplementary Conditions. The Project Schedule submitted by the Contractor in accordance with the Contract Documents must consider any outstanding permits and licenses. 6.10 Laws and Regulations A. Contractor shall give all notices required by and shall comply with all Laws and Regulations applicable to the performance of the Work. Except where otherwise expressly required by applicable Laws and Regulations, the City shall not be responsible for monitoring Contractor's compliance with any Laws or Regulations. B. If Contractor performs any Work knowing or having reason to know that it is contrary to Laws or Regulations, Contractor shall bear all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all CITY OF FORT WORTH STANDARD CONSTRUCTION SP[ CIF[CATION DOCUMENTS Revision: Febrmy 2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 28 of 63 court or arbitration or other dispute resolution costs) arising out of or relating to such Work. However, it shall not be Contractor's responsibility to make certain that the Specifications and Drawings are in accordance with Laws and Regulations, but this shall not relieve Contractor of Contractor's obligations under Paragraph 3.02. C. Changes in Laws or Regulations not known at the time of opening of Bids having an effect on the cost or time of performance of the Work may be the subject of an adjustment in Contract Price or Contract Time. 6.11 Taxes A. On a contract awarded by the City, an organization which qualifies for exemption pursuant to Texas Tax Code, Subchapter H, Sections 151.301-335 (as amended), the Contractor may purchase, rent or lease all materials, supplies and equipment used or consumed in the performance of this contract by issuing to his supplier an exemption certificate in lieu of the tax, said exemption certificate to comply with State Comptroller's Ruling .007. Any such exemption certificate issued to the Contractor in lieu of the tax shall be subject to and shall comply with the provision of State Comptroller's Ruling .011, and any other applicable rulings pertaining to the Texas Tax Code, Subchapter H. B. Texas Tax permits and information may be obtained from: 1. Comptroller of Public Accounts Sales Tax Division Capitol Station Austin, TX 78711; or 2. http://www.window.state.tx.us/taxiiifo/taxforms/93-1orins.html 6.12 Use of Site and Other&eas A. Limitation on Use of Site and Other,4reas: Contractor shall confine construction equipment, the storage of materials and equipment, and the operations of workers to the Site and other areas permitted by Laws and Regulations, and shall not unreasonably encumber the Site and other areas with construction equipment or other materials or equipment. Contractor shall assume full responsibility for any damage to any such land or area, or to the owner or occupant thereof, or of any adjacent land or areas resulting from the performance of the Work. 2. At any time when, in the judgment of the City, the Contractor has obstructed or closed or is carrying on operations in a portion of a street, right-of-way, or casement greater than is necessary for proper execution of the Work, the City may require the Contractor to finish the section on which operations are in progress before work is commenced on any additional area of the Site. CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOC1JIVIENTS Revision: Fehruary2, 2016 00 72 00 - 1 GENERAL CONDITIONS Page 29 of 63 3. Should any Damage CIaim be madc by any such owner or occupant because of the performance of the Work, Contractor shall promptly attempt to resolve the Damage Claim, 4. Pursuant to Paragraph 6.21, Contractor shall indemnify and hold harmless Citj; from and against all claims, costs, losses, and damages arising out of or relating to any clehn or action, legal or equitable, brought by any such oi,vner or occupant against City. B. Removal of Debris Darning Performance of the Work: During the progress of the Work Contractor shall keep the Site and other areas free from accumulations of waste materials, rubbish, and other debris. Removal and disposal of such waste materials, rubbish, and other debris shall conform to applicable Laws and Regulations. C. Site Maintenance Cleaning: 24 hours after written notice is given to the Contractor that the clean-up on the job site is proceeding in a rnanncr unsatisfactory to the City, if the Contractor fails to correct the unsatisfactory procedure, the City may take such direct action as the City deems appropriate to correct the clean-up deficiencies cited to the Contractor in the written notice (by letter or electronic communication), and the costs of such direct action, plus 25 % of such costs, shall be deducted fi•om the monies due or to become due to the Contractor. D. Final Site Cleaning: Prior to Final Acceptance of the Work Contractor shall clean the Site and the Work and make it ready for utilization by City or adjacent property owner. At the completion of the Work Contractor shall remove from the Site all tools, appliances, construction equipment and machinery, and surplus materials and shall restore to original condition or better all property disturbed by the Work. E. Loading Structures: Contractor shall not load nor permit any part of any structure to be loaded in any manner that will endanger the structure, nor shall Contractor subject any part of the Work or adjacent property to stresses or pressures that will endanger it. 6.13 Record Documents A. Contractor shall maintain in a safe place at the Site or in a place designated by the Contractor and approved by the City, one (1) record copy of all Drawings, Specifications, Addenda, Change Orders, Field Orders, and written interpretations and clarifications in good order and annotated to show changes made during construction. These record documents together with all approved Samples and a counterpart of all accepted Submittals will be available to City for reference. Upon completion of the Work, these record documents, any operation and maintenance ]manuals, and Submittals will be delivered to City prior to Final Inspection. Contractor shall include accurate locations for buried and imbedded items. 6.14 Safety and Protection A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their responsibility for the safety of persons or property in the performance of their work, nor for compliance with applicable safety Laws and Regulations. Contractor shall CITY OF FORT WORTH STANDARD CONSTRUCTION SPFCTFICATION DOCUMCNTS Revision: Febmary2,2016 00 72 00 - I GENERAL CONDITIONS Page 30 of63 take all necessary precautions for the safety of and shall provide the necessary protection to prevent damage, injury or loss to: 1. all persons on the Site or who may be affected by the Work; 2. all the Work and materials and equipment to be incorporated therein, whether in storage on or off the Site; and 3. other property at the Site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures, utilities, and Underground Facilities not designated for removal, relocation, or replacement in the course of construction. B. Contractor shall comply with all applicable Laws and Regulations relating to the safety of persons or property, or to the protection of persons or property 1i•om damage, injury, or loss; and shall erect and maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of adjacent property and of Underground Facilities and other utility owners when prosecution of the Worle, may affect them, and shall cooperate with them in the protection, removal, relocation, and replacement of their property. C. Contractor shall comply with the applicable requirements of City's safety programs, if any. D. Contractor shall inform City of the specific requirements of Contractor's safety program, if any, with which City's employees and representatives roust comply while at the Site. E. All damage, injury, or loss to any property referred to in Paragraph 6.14.A.2 or 6.14.A.3 caused, directly or indirectly, In whole or In part, by Contractor, any Subcontractor, Supplier, or any other individual or entity directly or indirectly employed by any of them to perform any of the Work, or anyone for whose acts any ofthern may be liable, shall be remedied by Contractor. F. Contractor's duties and responsibilities for safety and for protection of the Work shall continue until such time as all the Work is completed and City has accepted the Work. 6.15 Safety Representative Contractor shall inform City in writing of Contractor's designated safety representative at the Site. 6,16 Hazard Communication Programs Contractor shall be responsible for coordinating any exchange of material safety data sheets or other hazard communication information required to be made available to or exchanged between or among employers in accordance with Laws or Regulations. 6.17 Emergencies and/or Rectification A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give City prompt written notice if Contractor believes that any significant CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIPICMION DOCUMFNTs Revision: Febmary2, 20! 6 00 72 00 - 1 GENERAL CONDITIONS Page 31 of 63 changes in the Work or variations from the Contract Documents have been caused thereby or are required as a result thereof, If City determines that a change in the Contract Documents is required because of the action taken by Contractor in response to such an emergency, a Change Order may be issued. B. Should the Contractor fail to respond to a request from the City to rectify any discrepancies, omissions, or correction necessary to conform with the requirements of the Contract Documents, the City shall give the Contractor written notice that such work or changes are to be performed. The written notice shall direct attention to the discrepant condition and request the Contractor to take remedial action to correct the condition. In the event the Contractor does not take positive steps to fulfill this written request, or does not show just cause for not taking the proper action, within 24 hours, the City may take such remedial action with City forces or by contract. The City shall deduct an amount equal to the entire costs for such remedial action, plus 25%, from any funds due or become due the Contractor on the Project. 6.18 Submittals A. Contractor shall submit required Submittals to City for review and acceptance in accordance with the accepted Schedule of Submittals (as required by Paragraph 2.07). Each Submittal will be identified as City may require. l . Submit number of copies specified in the General Requirements. 2, Data shown on the Submittals will be complete with respect to quantities, dimensions, specified performance and design criteria, materials, and similar data to show City the services, materials, and equipment Contractor proposes to provide and to enable City to review the information for the limited purposes requited by Paragraph 6.18.C. 3. Submittals submitted as herein provided by Contractor and reviewed by City for conformance with the design concept shall be executed in conformity with the Contract Documents unless otherwise required by City. 4. When Submittals are submitted for the purpose of showing the installation in greater detail, their review shall not excuse Contractor fiom requirements shown on the Drawings and Specifications. 5. For -Information -Only submittals upon which the City is not expected to conduct review or take responsive action may be so identified in the Contract Documents. 6. Submit required number of Samples specified in the Specifications. 7. Clearly identify each Sample as to material, Supplier, pertinent data such as catalog numbers, the use for which intended and other data as City may require to enable City to review the submittal for the limited purposes required by Paragraph 6.18.C. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Februmy2,2016 007200-1 GENERAL CONDITIONS Page32 or63 B. Where a Submittal is required by the Contract Documents or the Schedule of Submittals, any related Work performed prior to City's review and acceptance of the pertinent submittal will be at the sole expense and responsibility of Contractor, C. City's Revr iv. I. City will provide timely review of required Submittals in accordance with the Schedule of Submittals acceptable to City. City's review and acceptance will be only to determine if the items covered by the submittals will, after installation or incorporation in the Work, conform to the information given in the Contract Documents and be compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. 2. City's review and acceptance will not extend to means, methods, techniques, sequences, or procedures of construction (except where a particular means, method, technique, sequence, or procedure of construction is specifically and expressly called for by the Contract Documents) or to safety precautions or programs incident thereto. The review and acceptance of a separate item as such will not indicate approval of the assembly in which the item functions. 3. City's review and acceptance shall not relieve Contractor from responsibility for any variation from the requirements of the Contract Documents unless Contractor has complied with the requirements of Section 01 33 00 and City has given written acceptance of each such variation by specific written notation thereof incorporated in or accompanying the Submittal. City's review and acceptance shall not relieve Contractor from responsibility for complying with the requirements of the Contract Documents. 6.19 Continir-ing the Work Except as otherwise provided, Contractor 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 Contractor may otherwise agree in writing. 6.20 Contractor's General Warranty and Guarantee A. Contractor warrants and guarantees to City that all Work will be in accordance with the Contract Documents and will not be defective, City and its officers, directors, members, partners, employees, agents, consultants, and subcontractors shall be entitled to rely on representation of Contractor's warranty and guarantee. B. Contractor's warranty and guarantee hereunder excludes defects or damage caused by: 1. abuse, modification, or improper maintenance or operation by persons other than Contractor, Subcontractors, Suppliers, or any other individual or entity for whom Contractor is responsible; or CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fe6nrary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 33 of 63 2. normal wear and tear under normal usage. C. Contractor's obligation to perform and complete the Work in accordance with the Contract Documents shall be absolute. None of the following will constitute an acceptance of Worlc that is not in accordance with the Contract Documents or a release of Contractor's obligation to perform the Work in accordance with the Contract Documents., 1. observations by City; 2. recommendation or payment by City of any progress or final payment; 3. the issuance of a certificate of Final Acceptance by City or any payment related thereto by City; 4. use or occupancy of the Work or any part thereof by City; 5. any review and acceptance of a Submittal by City; 6. any inspection, test, or approval by others; or 7. any correction of defective Work by City. D. The Contractor shall remedy any defects or damages in the Work and pay for any damage to other work or property resulting therefrom which shall appear within a period of two (2) years from the date of Final Acceptance of the Work unless a longer period is specified and shall furnish a good and sufficient maintenance bond, complying with the requirements of Article 5.02.13. The City will give notice of observed defects with reasonable promptness. 6.21 Indemnification A. Contractor covenants and agrees to indemnify, hold harmless and defend, at its own expense, the City, its officers, servants and employees, from and against any and all claims arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licenses or invitees under this Contract. THIS INDE . NIFICATN PROVISION IS SPECLUCALLX INTENDED TO OPERATE AND BE EFFECTIVE EVEN IF IT_IS ALLEGED OR PROVEN_THAT ALL OR_SOME Olt TH +. DA CTF,S +.ING SOi1GHT WERE_CAUSED IN_WHDLF_._DR IN PART. _BY —ANY ACT. OMISSION OR NEGLIGENCE OF THE CITY_. This indemnity provision is intended to include, without limitation, indemnity for costs, expenses and legal fees incurred by the City in defending against such claims and causes of actions. B. Contractor covenants and agrees to indemnify and hold harmless, at its own expense, the City, its officers, servants and employees, from and against any and all loss, damage or destruction of property of the City, arising out of, or alleged to arise out of, the work and services to be performed by the Contractor, its officers, agents, employees, subcontractors, licensees or invitees under this Contract. THIS INDEMj MCATION P� ROVISION iS CITY OF FORT WORTH STANDARDCONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febtumy2,2016 007200-I GENERAL CONDITIONS Ptsge 34 of 63 WOU 6.22 Delegation of Professions d Design Setndces A. Contractor will not be requited to provide professional design services unless such services are specifically required by the Contract Documents for a portion of the Work or unless such services are required to carry out Contractor's responsibilities for construction means, methods, techniques, sequences and procedures. B. if professional design services or certifications by a design professional related to systems, materials or equipment are specifically required of Contractor by the Contract Documents, City will specify all performancc and design criteria that such services must satisfy. Contractor shall cause such services or certifications to be provided by a properly licensed professional, whose signature and seal shall appear on all drawings, calculations, specifications, certifications, and Submittals prepared by such professional. Submittals related to the Work designed or certified by such professional, if prepared by others, shall bear such professional's written approval when submitted to City. C. City shall be entitled to rely upon the adequacy, accuracy and completeness of the services, certifications or approvals performed by such design professionals, provided City has specified to Contractor performance and design criteria that such services must satisfy. D. Pursuant to this Paragraph 6.22, City's review and acceptance of design calculations and design drawings will be only for the limited purpose of checking for conformance with performance and design criteria given and the design concept expressed in the Contract Documents. City's review and acceptance of Submittals (except design calculations and design drawings) will be only for the purpose stated in Paragraph 6.18.C. 6.23 Right to Audit A. The Contractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the tight to examine and photocopy any directly pertinent books, documents, papers, and records of the Contractor involving transactions relating to this Contract. Contractor agrees that the City shall have access during Regular Working Hours to all necessary Contractor facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Contractor reasonable advance notice of intended audits. B. Contractor further agrees to include in all its subcontracts hereunder a provision to the effect that the subcontractor agrees that the City shall, until the expiration of three (3) years after final payment under this Contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers, and records of such Subcontractor, involving transactions to the subcontract, and further, that City shall have access during Regular Working Hours to all CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Februmy2, 20 t 6 00 72 00 - 1 GENERAL CONDITIONS Page 35 of 63 Subcontractor facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this Paragraph. The City shall give Subcontractor reasonable advance notice of intended audits. C. Contractor and Subcontractor agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Contractor for the cost of the copies as follows at the rate published in the Texas Administrative Code in effect as of the time copying is performed. 6.24 Nondiscrimination A. The City is responsible for operating Public Transportation Programs and implementing transit - related projects, which are funded in part with federal financial assistance awarded by the U.S. Department of Transportation and the Federal Transit Administration (FTA), without discriminating against any person in the United States on the basis of race, color, or national origin. B. Title V1, Civil Rights Act of 1964 cts amended: Contractor shall comply with the requirements of the Act and the Regulations as further defined in the Supplementary Conditions for any project receiving Federal assistance. ARTICLE 7 -- OTHER WORK AT THE SITE 7.01 Related York at Site A. City may perform other work related to the Project at the Site with City's employees, or other City contractors, or through other direct contracts therefor, or have other work performed by utility owners. If such other work is not noted in the Contract Documents, then written notice thereof will be given to Contractor prior to starting any such other work; and B. Contractor shall afford each other contractor who is a party to such a direct contract, each utility owner, and City, if City is performing other work. with City's employees or Other City contractors, proper and safe access to the Site, provide a reasonable opportunity for the introduction and storage of materials and equipment and the execution of such other work., and properly coordinate the Work with theirs. Contractor shall do all cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its several parts come together and properly integrate with such other work. Contractor shall not endanger any work of others by cutting, excavating, or otherwise altering such work; provided, however, that Contractor may cut or alter others' work with the written consent of City and the others whose work will be affected. C. If the proper execution or results of any part of Contractor's Work depends upon work performed by others under this Article 7, Contractor shall inspect such other work and promptly report to City in writing any delays, defects, or deficiencies in such other work that render it unavailable or unsuitable for the proper execution and results of Contractor's Work. Contractor's failure to so report will constitute an acceptance of such other work as fit and proper for integration with Contractor's Work except for latent defects in the work provided by others. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 00 72 00 -1 GENERAL CONDITIONS Page 36 of 63 7.02 Coordination A. If City intends to contract with others for the performance of other work on the Project at the Site, the following will be set forth in Supplementary Conditions: 1. the individual or entity who will have authority and responsibility for coordination of the activities among the various contractors will be identified; 2. the specific matters to be covered by such authority and responsibility will be itemized; and 3. the extent of such authority and responsibilities will be provided. B. Unless otherwise provided in the Supplementary Conditions, City shall have authority for such coordination. ARTICLE S — CITY'S RESPONSIBILITIES 8.01 Communications to Contractor Except as otherwise provided in the Supplementary Conditions, City shall issue all cormx]unications to Contractor. 8.02 Furnish Data City shall timely furnish the data required under the Contract Documents. 8.03 Pay When Due City shall make payments to Contractor in accordance with Article 14. 8.04 Lands and Easements; Reports and Tests City's duties with respect to providing lands and casements and providing engineering surveys to establish reference points are set forth in Paragraphs 4.01 and 4,05. Paragraph 4.02 refers to City's identifying and malting available to Contractor copies of reports of explorations and tests of subsurface conditions and drawings of physical conditions relating to existing surface or subsurface structures at or contiguous to the Site that have been utilized by City in preparing the Contract Documents. 8.05 Change Orders City shall execute Change Orders in accordance with Paragraph 10.03. 8.06 .Inspections, Tests, and Approvals City's responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph 13, 03. CITY OF FORT WORTH STANDARD CONSTRUCnON SPFC]FICATION DOCUMENTS Revision: Febmaryy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 37 of 65 8.07 Limitations on City's Responsibilities A. The City shall not supervise, direct, or have control or authority over, nor be responsible for, Contractor's means, methods, techniques, sequences, or procedures of construction, or the safety precautions and programs incident thereto, or for any failure of Contractor to comply with Laws and Regulations applicable to the performance of the Work. City will not be responsible for Contractor's failure to perform the Work in accordance with the Contract Documents. B. City will notify the Contractor of applicable safety plans pursuant to Paragraph 6.14, 8.09 Undisclosed Hazardous Eimironrnental Condition City's responsibility with respect to an undisclosed Hazardous Environmental Condition is set forth in Paragraph 4.06. 8.09 Compliance ivith Safety Pr ogr°any While at the Site, City's employees and representatives shall comply with the specific applicable requirements of Contractor's safety programs of which City has been informed pursuant to Paragraph 6.14. ARTICLE 9 - CITY'S OBSERVATION STATUS DURING CONSTRUCTION 9.01 City's Project Manager City will provide one or more Project Manager(s) during the construction period. The duties and responsibilities and the limitations of authority of City's Project Manager during construction are set forth in the Contract Documents. The City's Project Manager for this Contract is < insert name here >, or his/her successor pursuant to written notification fiom the Director of < insert managing department here >. 9.02 Visits to Site A. City's Project Manager will make visits to the Site at intervals appropriate to the various stages of construction as City deems necessary in order to observe the progress that has been made and the quality of the various aspects of Contractor's executed Work. Based on information obtained during such visits and observations, City's Project Manager will determine, in general, if the Work is proceeding in accordance with the Contract Documents. City's Project Manager will not be required to make exhaustive or continuous inspections on the Site to check the quality or quantity of the Work. City's Project Manager's efforts will be directed toward providing City a greater degree of confidence that the completed Work will conform generally to the Contract Documents. B. City's Project Manager's visits and observations are subject to all the limitations on authority and responsibility in the Contract Documents including those set forth in Paragraph 8.07. - - — - - - CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febntary2,2016 00 72 00 - 1 GENERAL. CONDITIONS Page 38 of63 9.03 Authorized Variations in Work City's Project Manager may authorize minor variations in the Work from the requirements of the Contract Documents which do not involve an adjustment in the Contract Price or the Contract Time and are compatible with the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. These may be accomplished by a Field Order and will be binding on City and also on Contractor, who shall perform the Work involved promptly. 9.04 Rejecting Defective Work City will have authority to reject Work which City's Project Manager- believes to be defective, or will not produce a completed Project that conforms to the Contract Documents or that will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated by the Contract Documents. City will have authority to conduct special inspection or testing of the Work as provided in Article 13, whether or not the Work is fabricated, installed, or completed. 9.05 Determinations for Work Per fanned Contractor will determine the actual quantities and classifications of Work performed. City's Project Manager will review with Contractor the preliminary determinations on such matters before rendering a written recommendation. City's written decision will be final (except as modified to reflect changed factual conditions or more accurate data). 9.06 Decisions onRequir=em2ents of Contract Docurrrents and Acceptability of Work A. City will be the initial interpreter of the requirements of the Contract Documents and judge of the acceptability of the Work thereunder, B. City will render a written decision on any issue referred. C. City's written decision on the issue referred will be final and binding on the Contractor, subject to the provisions of Paragraph 10.06. ARTICLE 10 -- CHANGES IN THE WORK; CLAIMS; EXTRA WORK 10.01 4uthorized Changes in the Work A. Without invalidating the Contract and without notice to any surety, City may, at any time or from time to time, order Extra Work. Upon notice of such Extra Work, Contractor shall promptly proceed with the Work involved which will be performed under the applicable conditions of the Contract Documents (except as otherwise specifically provided). Extra Work shall be memorialized by a Change Order which may or may not precede an order of Extra work. B. For minor changes of Work not requiring changes to Contract Time or Contract Price, a Field Order may be issued by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION sPECIFICATION DOCUMFNTS Revision: Febwmy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 39 of 63 10.02 Unauthorized Changes in the Work Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Time with respect to any work performed that is not required by the Contract Documents as amended, modified, or supplemented as provided in Paragraph 3.04, except in the case of an emergency as provided i i Paragraph 6,17. 10.03 Execution of Change Orders A. City and Contractor shall execute appropriate Change Orders covering: 1, changes in the Work which are: (i) ordered by City pursuant to Paragraph 10.01.A, (ii) required because of acceptance of defective Work under Paragraph 13.08 or City's correction of defective Work under Paragraph 13.09, or (iii) agreed to by the parties; 2, changes in the Contract Price or Contract Time which are agreed to by the parties, including any undisputed suer► or amount of time for Work actually performed. 10.04 Extra Work A. Should a difference arise as to what does or does not constitute Extra Work, or as to the payment thereof, and the City insists upon its performance, the Contractor shall proceed with the work after malting written request for written orders and shall keep accurate account of the actual reasonable cost thereof Contract Claims regarding Extra Work shall be made pursuant to Paragraph 10.06. B. The Contractor shall furnish the City such installation records of all deviations from the original Contract Documents as may be necessary to enable the City to prepare for permanent record a corrected set of plans showing the actual installation. C. The compensation agreed upon for Extra Work whether or not initiated by a Change Order shall be a full, complete and final payment for all costs Contractor incurs as a result or relating to the change or Extra Work, whether said costs are known, unknown, foreseen or unforeseen at that time, including without limitation, any costs for delay, extended overhead, ripple or impact cost, or any other effect on changed or unchanged work as a result of the change or Extra Work. 10.05 Notification to Surety If the provisions of any bond require notice to be given to a surety of any change affecting the general scope of the Work or the provisions of the Contract Documents (including, but not limited to, Contract Price or Contract Time), the giving of any such notice will be Contractor's responsibility. The amount of each applicable bond will be adjusted by the Contractor to reflect the effect of any such change. CITY OF FORT WORTH STANDARD CONSTRU"ON SFF.CMCATION DOCUMENTS Revision! Febaiaiy2,2016 007200-1 GENERAL CONDITIONS Page 40 of 63 10.06 Contract Claims Process A. City's Decision Required: All Contract Claims, except those waived pursuant to Paragraph 14.09, shall be referred to the City for decision. A decision by City shall be required as a condition precedent to any exercise by Contractor of any rights or remedies he may otherwise have under the Contract Documents or by Laws and Regulations in respect of such Contract Claims. B. Notice: Written notice stating the general nature of each Contract Claim shall be delivered by the Contractor to City no later than 15 days after the start of the event giving rise thereto. The responsibility to substantiate a Contract Claim shall rest with the party making the Contract Claim. 2. Notice of the amount or extent of the Contract Claim, with supporting data shall be delivered to the City on or before 45 days from the start of the event giving rise thereto (unless the City allows additional time for Contractor to submit additional or more accurate data in support of such Contract Claire). 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. Each Contract Claim shall be accompanied by Contractor's written statement that the adjustment claimed is the entire adjustment to which the Contractor believes it is entitled as a result of said event. 6. The City shaII submit any response to the Contractor within 30 days after receipt of the claimant's last submittal (unless Contract allows additional time). C. City's Action: City will review each Contract Claim and, within 30 days after receipt of the last submittal of the Contractor, if any, take one of the following actions in writing: 1. deny the Contract Claire in whole or in part; 2. approve the Contract Claim; or notify the Contractor that the City is unable to resolve the Contract Claire if, in the City's sole discretion, it would be inappropriate for the City to do so. For purposes of further resolution of the Contract Claim, such notice shall be deemed a denial. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fabwary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 41 or63 D. City's written action under Paragraph 10.06.0 will be final and binding, unless City or Contractor involve the dispute resolution procedure set forth in Article 16 within 30 days of such action or denial. E. No Contract Claim for an adjustment in Contract Price or Contract Time will be valid if not submitted in accordance with this Paragraph 10.06. ARTICLE 11— COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK; PLANS QUANTITY MEASUREMENT 11.01 Cost of the Work A. Costs include& The term Cost of the Work means the sum of all costs, except those excluded in Paragraph 11.01.13, necessarily incurred and paid by Contractor in the proper performance of the Work. When the value of any Work covered by a Change Order, the costs to be reimbursed to Contractor will be only those additional or incremental costs required because of the change in the WorIc. Such costs shall not include any of the costs itemized in Paragraph 11.013, and shall include but not be limited to the following items: 1. Payroll costs for employees in the direct employ of Contractor in the performance of the Work under schedules of job classifications agreed upon by City and Contractor. Such employees shall include, without limitation, superintendents, foremen, and other personnel employed full time on the Work. Payroll costs for employees not employed full time on the Work shall be apportioned on the basis of their time spent on the Work. Payroll costs shall include; a. salaries with a 55% markup, or b. salaries and wages plus the cost of fringe benefits, which shall include social security contributions, unemployment, excise, and payroll taxes, workers' compensation, health and retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. The expenses of performing Work outside of Regular Working Hours, Weekend Working Hours, or legal holidays, shall be included in the above to the extent authorized by City. 2. Cost of all materials and equipment furnished and incorporated in the Work, including costs of transportation and storage thereof, and Suppliers' field services required in connection therewith. 3. Rentals of all construction equipment and machinery, and the parts thereof whether rented from Contractor or others in accordance with rental agreements approved by City, and the costs of transportation, loading, unloading, assembly, dismantling, and removal thereof. All such costs shall be in accordance with the terms of said rental agreements. The rental of any such equipment, machinery, or parts shall cease when the use thereof is no longer necessary for the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICA'rION DOCUMENTS Revision: Februwy2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 42 of 63 4. Payments made by Contractor to Subcontractors for Work performed by Subcontractors. If required by City, Contractor shall obtain competitive bids fi•om subcontractors acceptable to City and Contractor and shall deliver such bids to City, who will then determine, which bids, if any, will be acceptable. if any subcontract provides that the Subcontractor is to be paid on the basis of Cost of the Work plus a fee, the Subcontractor's Cost of the Work and fee shall be determined in the same manner as Contractor's Cost of the Work and fee as provided in this Paragraph 11.01. 5. Costs of special consultants (including but not limited to engineers, architects, testing laboratories, surveyors, attorneys, and accountants) employed for services specifically related to the Work. 6. Supplemental costs including the following: a. The proportion of necessary transportation, travel, and subsistence expenses of Contractor's employees incurred in discharge of duties connected with the Work. b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery, appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers, which are consumed in the performance of the Work, and cost, less market value, of such items used but not consumed which remain the property of Contractor. c. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is liable not covered under Paragraph 6.11, as imposed by Laws and Regulations. d. Deposits lost for causes other than negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, and royalty payments and fees tar permits and licenses. e. Losses and damages (and related expenses) caused by darnage to the Work, not compensated by insurance or otherwise, sustained by Contractor in connection with the performance of the Work, provided such losses and damages have resulted from causes other than the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval of City. No such losses, damages, and expenses shall be included in the Cost of the Work for the purpose of determining Contractor's fee. £ The cost of utilities, fuel, and sanitary facilities at the Site. g. Minor expenses such as telegrams, long distance telephone calls, telephone and communication services at the Site, express and courier services, and similar petty cash items in connection with the Work. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 007200-1 GENERAL CONDITIONS Page43 of63 h. The costs of premiums for all bonds and insurance Contractor is required by the Contract Documents to purchase and maintain. B. Costs Excluded: The term Cost of the Work shall not include any of the following items: 1. Payroll costs and other compensation of Contractor's officers, executives, principals (of partnerships and sole proprietorships), general managers, safety managers, engineers, architects, estimators, attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers, clerks, and other personnel employed by Contractor, whether at the Site or in Contractor's principal or branch office for general administration of the Work and not specifically included in the agreed upon schedule of job classifications referred to in Paragraph 11.01.A. I or specifically covered by Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the Contractor's fee. 2. Expenses of Contractor's principal and branch offices other than Contractor's office at the S ite. 3. Any part of Contractor's capital expenses, including interest on Contractor's capital employed for the Work and charges against Contractor for delinquent payments. 4. Costs due to the negligence of Contractor, any Subcontractor, or anyone directly or indirectly employed by any of them or for whose acts any of them may be liable, including but not limited to, the correction of defective Work, disposal of materials or equipment wrongly supplied, and making good any damage to property. 5. Other overhead or general expense costs of any kind. C. Contractor's Tee: When all the Work is performed on the basis of cost-plus, Contractor's fee shall be determined as set forth in the Agreement. When the value of any Work covered by a Change Order for an adjustment in Contract Price is determined on the basis of Cost of the Work, Contractor's fee shall be determined as set forth in Paragraph 12.01.C. D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to Paragraphs 11.01.A and I1.0l.B, Contractor will establish and maintain records thereof in accordance with generally accepted accounting practices and submit in a form acceptable to City an itemized cost breakdown together with supporting data. 11.02 411owan' ces A. Specified Alloivance: It is understood that Contractor has included in the Contract Price all allowances so named in the Contract Documents and shall cause the Work so covered to be performed for such sums and by such persons or entities as may be acceptable to City. B. Pre- bid Allolvances: 1. Contractor agrees that: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFTCATION DOCUMENTS Revision: Febntary2,2016 00 72 00 - i GENERAL CONDITIONS Page 44 of 63 a. the pre -bid allowances include the cost to Contractor of materials and equipment required by the allowances to be delivered at the Site, and all applicable taxes; and b. Contractor's costs for unloading and handling on the Site, labor, installation, overhead, profit, and other expenses contemplated for the pre -bid allowances have been included in the allowances, and no demand for additional payment on account of any of the foregoing will be valid. C. Contingency 411oivance: Contractor agrees that a contingency allowance, if any, is for the sole use of City. D. Prior to final payment, an appropriate Change Order will be issued to reflect actual amounts due Contractor on account of Work covered by allowances, and the Contract Price shall be correspondingly adjusted. 11.03 Unit Price Work A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit price for each separately identified item of Unit Price Work times the estimated quantity of each item as indicated in the Agreement, B. The estimated quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of comparison of Bids and determining an initial Contract Price. Determinations of the actual quantities and classifications of Unit Price Work performed by Contractor will be made by City subject to the provisions of Paragraph 9.05. C. Each unit price will be deemed to include an amount considered by Contractor to be adequate to cover Contractor's overhead and profit for each separately identified item. Work described in the Contract Documents, or reasonably inferred as required for a functionally complete installation, but not identified in the listing of unit price items shall be considered incidental to unit price work listed and the cost of incidental work included as part of the unit price. D. City may make an adjustment in the Contract Price in accordance with Paragraph 12.01 if: 1. the quantity of any item of Unit Price Work performed by Contractor differs materially and significantly from the estimated quantity of such item indicated in the Agreement; and 2. there is no corresponding adjustment with respect to any other item of Work. E. Increased or Decreased Quantities: The City reserves the right to order Extra Work in accordance with Paragraph 10.01. 1. If the changes in quantities or the alterations do not significantly change the character of work under the Contract Documents, the altered work will be paid for at the Contract unit price. CITY OF FORT WORrIH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Feinuaiy2,2036 00 72 00 - I GENERAL CONDITIONS Page 45 of 63 If the changes in quantities or alterations significantly change the character of work, the Contract will be amended by a Change Order. 3. If no unit prices exist, this will be considered Extra Work and the Contract will be amended by a Change Order in accordance with Article 12. 4. A significant change in the character of work. occurs when: a, the character of work for any Item as altered differs materially in kind or nature from that in the Contract or b. a Major Item of work varies by more than 25% from the original Contract quantity. 5. When the quantity of work to be done under any Major Item of the Contract is more than 125% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price on the portion of the work that is above 125%. 6. When the quantity of work to be done under any Major Item of the Contract is less than 75% of the original quantity stated in the Contract, then either party to the Contract may request an adjustment to the unit price. 11,04 Pla7zs Qtta77tioi MeasZI7•e777er71 A. Plans quantities may or may not represent the exact quantity of work performed or material moved, handled, or placed during the execution of the Contract. The estimated bid quantities are designated as final payment quantities, unless revised by the governing Section or this Article. B. If the quantity measured as outlined under "Price and Payment Procedures" varies by more than 25% (or as stipulated under "Price and Payment Procedures" for specific Items) forn the total estimated quantity for an individua.I Item originally shown in the Contract Documents, an adjustment may be made to the quantity of authorized work done for payment purposes. The party to the Contract requesting the adjustment will provide field measurements and calculations showing the final quantity for which payment will be made. Payment for revised quantity will be made at the unit price bid for that Item, except as provided for in Article 10. C. When quantities are revised by a change in design approved by the City, by Change Order, or to correct an error, or to correct an error on the plans, the plans quantity will be increased or decreased by the amount involved in the change, and the 25% variance will apply to the new plans quantity. D. If the total Contract quantity multiplied by the unit price bid for an individual Item is less than $250 and the Item is not originally a plans quantity Item, then the Item may be paid as a plans quantity Item if the City and Contractor agree in writing to fix the final quantity as a plans quantity. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febrmry2,2016 00 72 00 -I GENERAL CONDITIONS Page 46 of 63 E. For callout work or non -site specific Contracts, the plans quantity measurement requlrements are not applicable. ARTICLE 12 --- CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIME 12.01 Change of Contract Price A. The Contract Price may only be changed by a Change Order. B. The value of any Work covered by a Change Order will be determined as follows: where the Work involved is covered by unit prices contained in the Contract Documents, by application of such unit prices to the quantities of the items involved (subject to the provisions of Paragraph 11.03); or 2, where the Work involved is not covered by unit prices contained in the Contract Documents, by a mutually agreed lump sum or unit price (which may include an allowance for overhead and profit not necessarily in accordance with Paragraph 12.01.C.2), and shall include the cost of any secondary impacts that are foreseeable at the time of pricing the cost of Extra Work; or 3. where the Work involved is not covered by unit prices contained in the Contract Documents and agreement to a lump sum or unit price is not reached under Paragraph 12.01.13.2, on the basis of the Cost of the Work (determined as provided in Paragraph 11.01) plus a Contractor's fee for overhead and profit (determined as provided in Paragraph I2.01.C), C. Contractor's Fee: The Contractor's additional fee for overhead and profit shall he determined as follows: 1, a mutually acceptable fixed fee; or 2. if a fixed fee is not agreed upon, then a fee based on the following percentages of the various portions of the Cost of the Work: a. for costs incurred under Paragraphs 11.01.A.I, 11.01,A.2. and 11.0l.A.3, the Contractor's additional fee shall be 15 percent except for: 1) rental fees for Contractor's own equipment using standard rental rates; 2) bonds and insurance; b. for costs incurred under Paragraph 11.01.A.4 and 11.01.A.5, the Contractor's fee shall be five percent (5%); 1) where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no fixed fee is agreed upon, the intent of Paragraphs 12.0l.C.2.a and 12.01.C.2.b is that the Subcontractor who actually performs the Work, at whatever CITY OF FORT WORTH STANDARDcoNSTRUCTION SPECIFICATION DOCUMENTS Revision: Felmry2,2016 00 7200 - 1 GENERAL CONDITIONS Page 47 of 63 tier, will be paid a fee of 15 percent of the costs incurred by such Subcontractor under Paragraphs 11.01.A.1 and 11.0l.A.2 and that any higher tier Subcontractor and Contractor will each be paid a fee of five percent (5%) of the amount paid to the next Iower tier Subcontractor, however in no case shall the cumulative total of fees paid be in excess of 25%; c. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.6, and 11.01.13; d. the amount of credit to be allowed by Contractor to City for any change which results in a net decrease in cost will be the amount of the actual net decrease in Cost plus a deduction in Contractor's fee by an amount equal to five percent (5%) of such net decrease. 12.02 Charge of Contract Tune A. The Contract Time may only be changed by a Change Order. B. No extension of the Contract Time will be allowed for Extra Work or for claimed delay unless the Extra Work contemplated or claimed delay is shown to be on the critical path of the Project Schedule or Contractor can show by Critical Path Method analysis how the Extra Work or claimed delay adversely affects the critical path. 12.03 Delays A. Where Contractor is reasonably delayed in the performance or completion of any part of the Work within the Contract Time due to delay beyond the control of Contractor, the Contract Time may be extended in an amount equal to the time lost due to such delay if a Contract Claim is Made therefor. Delays beyond the control of Contractor shall include, but not be limited to, acts or neglect by City, acts or neglect of utility owners or other contractors performing other work as contemplated by Article 7, fires, floods, epidemics, abnormal weather conditions, or acts of God. Such an adjustment shall be Contractor's sole and exclusive remedy for the delays described in this Paragraph. B. If Contractor is delayed, City shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. C. Contractor shall not be entitled to an adjustment in Contract Price or Contract Time for delays within the control of Contractor. Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays within the control of Contractor. D. The Contractor shall receive no compensation for delays or hindrances to the Work, except when direct and unavoidable extra cost to the Contractor is caused by the failure of the City to provide information or material, if any, which is to be furnished by the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FeSruary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 48 of63 ARTICLE 13 — TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK 13,01 Notice of Defects Notice of all defective Work of which City has actual knowledge will be given to Contractor. Defective Work may be rejected, corrected, or accepted as provided in this Article 13. 13.02 Access to bark City, independent testing laboratories, and governmental agencies with jurisdictional interests will have access to the Site and the Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them proper and safe conditions for such access and advise them of Contractor's safety procedures and programs so that they may comply therewith as applicable. 13.03 Tests and Inspections A. Contractor shall give City timely notice of readiness of the Work for all required inspections, tests, or approvals and shall cooperate with inspection and testing personnel to facilitate required inspections or tests. B. If Contract Documents, Laws or Regulations of any public body having jurisdiction require any of. the Work (or part thereof) to be inspected, tested, or approved, Contractor shall assume full responsibility for arranging and obtaining such independent inspections, tests, retests or approvals, pay all costs in connection therewith, and furnish City the required certificates of inspection or approval; excepting, however, those fees specifically identified in the Supplementary Conditions or any Texas Department of Licensure and Regulation (TDLR) inspections, which shall be paid as described in the Supplementary Conditions. C. Contractor shall be responsible for arranging and obtaining and shall pay all costs in connection with any inspections, tests, re -tests, or approvals required for City's acceptance of materials or equipment to be incorporated in the Work; or acceptance of materials, mix designs, or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. Such inspections, tests, re -tests, or approvals shall be performed by organizations acceptable to City. D, City may arrange for the services of an independent testing laboratory ("Testing Lab") to perform any inspections or tests ("Testing") for any part of the Work, as determined solely by City. I . City will coordinate such Testing to the extent possible, with Contractor; 2. Should any Testing under this Section 13.03 D result in a "fail", "did not pass" or other similar negative result, the Contractor shall be responsible for paying for any and all retests. Contractor's cancellation without cause of City initiated Testing shall be deemed a negative result and require a retest. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 00 72 00 -1 GENERAL CONDITIONS Page 49 of 63 Any amounts owed for any retest under this Section 13.03 D shall be paid directly to the Testing Lab by Contractor. City will forward all invoices for retests to Contractor. 4. If Contractor fails to pay the Testing Lab, City will not issue Final Payment until the Testing Lab is paid. E. If any Work (or the work of others) that is to be inspected, tested, or approved is covered by Contractor without written concurrence of City, Contractor shall, if requested by City, uncover such Work for observation. F. Uncovering Work as provided in Paragraph 13.03.E shall beat Contractor's expense. G. Contractor shall have the right to snake a Contract Claim regarding any retest or invoice issued under Section 13.03 D. 13.04 Uncovering Work A. If any Work is covered contrary to the Contract Documents or specific instructions by the City, it must, if requested by City, be uncovered for City's observation and replaced at Contractor's expense. B. If City considers it necessary or advisable that covered Work be observed by City or inspected or tested by others, Contractor, at City's request, shall uncover, expose, or otherwise make available for observation, inspection, or testing as City may require, that portion of the Work in question, furnishing all necessary labor, material, and equipment. If it is found that the uncovered Work is defective, Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such uncovering, exposure, observation, inspection, and testing, and of satisfactory replacement or reconstruction (including but not limited to all costs of repair or replacement of work of others); or City shall be entitled to accept defective Work in accordance with Paragraph 13.08 in which case Contractor shall still be responsible for all costs associated with exposing, observing, and testing the defective Work. 2. If the uncovered Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, replacement, and reconstruction. 13.05 City May Stop the Work If the Work is defective, or Contractor fails to supply sufficient skilled workers or suitable materials or equipment, or fails to perform the Work in such a way that the completed Work will conform to the Contract Documents, City may order Contractor to stop the WorIc, or any portion thereof, until the cause for such order has been eliminated; however, this right of City to stop the Work shall not give rise to any duty on the part of City to exercise this right for the benefit of Contractor, any CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniary2,2016 00 72 00 - I GENERAL GONDITIONS Page 50 of 63 Subcontractor, any Supplier, any other individual or entity, or any surety for, or employee or agent of any of them. 13.06 Correction or .Removal of Defective Work A. Promptly after receipt of written notice, Contractor shall correct all defective Work pursuant to an acceptable schedule, whether or not fabricated, installed, or completed, or, if the Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, Contractor shall pay all claims, costs, additional testing, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or arbitration or other dispute resolution costs) arising out of or relating to such correction or removal (including but not limited to all costs of repair or replacement of work of others). Failure to require the removal of any defective Work shall not constitute acceptance of such Work. B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor shall take no action that would void or otherwise impair City's special warranty and guarantee, if any, on said Work. 13.07 Correction Period A. If within two (2) years after the date of Final Acceptance (or such longer period of time as may be prescribed by the terms of any applicable special guarantee required by the Contract Documents), any Work is found to be defective, or if the repair of any damages to the land or areas made available for Contractor's use by City or permitted by Laws and Regulations as contemplated in Paragraph 6.10.A is found to be defective, Contractor shall promptly, without cost to City and in accordance with City's written instructions: 1. repair such defective land or areas; or 2, correct such defective Work; or 3. if the defective Work has been rejected by City, remove it from the Project and replace it with Work that is not defective, and 4. satisfactorily correct or repair or remove and replace any damage to other Work, to the work of others or other land or areas resulting therefrom. B. If Contractor does not promptly comply with the terms of City's written instructions, or in an emergency where delay would cause serious risk of loss or damage, City may have the defective Work corrected or repaired or may have the rejected Work removed and replaced. All claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) arising out of or relating to such correction or repair or such removal and replacement (including but not limited to all costs of repair or replacement of work of others) will be paid by Contractor. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fehruary2,2016 007200-1 GENERAL CONDITIONS Page 51 of 63 C. In special circumstances where a particular Item of equipment is placed in Continuous service before Final Acceptance of all the Work, the correction period for that item may start to run from an earlier date if so provided in the Contract Documents. D. Where defective Work (and damage to other Work resulting therefiom) has been corrected or removed and replaced under this Paragraph 13.07, the correction period hereunder with respect to such Work may be required to be extended for an additional period of one year after the end of the initial correction period. City shall provide 30 days written notice to Contractor should such additional warranty coverage be required. Contractor may dispute this requirement by fling a Contract Claim, pursuant to Paragraph 10.06. E. Contractor's obligations under this Paragraph 13.07 are in addition to any other obligation or warranty. The provisions of this Paragraph 13.07 shall not be construed as a substitute for, or a waiver of, the provisions of any applicable statute of limitation or repose. 13.08 Acceptance of Defective Work if, instead of requiring correction or removal and replacement of defective Work, City prefers to accept it, City may do so. Contractor shall pay all claims, costs, losses, and damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution costs) attributable to City's evaluation of and determination to accept such defective Work and for the diminished value of the Work to the extent not otherwise paid by Contractor. If any such acceptance occurs prior to Final Acceptance, a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work, and City shall be entitled to an appropriate decrease in the Contract Price, reflecting the diminished value of Work so accepted. 13.09 City May Correct Defective Work A. if Contractor fails within a reasonable time after written notice from City to correct defective Work, or to remove and replace rejected Work as required by City in accordance with Paragraph 13.06.A, or if Contractor fails to perform the Work in accordance with the Contract Documents, or if Contractor fails to comply with any other provision of the Contract Documents, City may, after seven (7) days written notice to Contractor, correct, or remedy any such deficiency. B. In exercising the rights and remedies under this Paragraph 13,09, City shall proceed expeditiously. In connection with such corrective or remedial action, City may exclude Contractor from all or part of the Site, take possession of all or part of the Work and suspend Contractor's services related thereto, and incorporate in the Work all materials and equipment incorporated in the Work, stored at the Site or for which City has paid Contractor but which are stored elsewhere. Contractor shall allow City, City's representatives, agents, consultants, employees, and City's other contractors, access to the Site to enable City to exercise the rights and remedies under this Paragraph. C. All claims, costs, losses, and damages (including but not limited to aII fees and charges of engineers, architects, attorneys, and other professionals and all court or other dispute resolution CrrY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febnrary2,2016 00 72 00 - 1 GENERAL CONDMONS Page 52 of63 costs) incurred or sustained by City in exercising the rights and remedies under this Paragraph 13.09 will be charged against Contractor, and a Change Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the Work; and City shall be entitled to an appropriate decrease in the Contract Price. D. Contractor shall not be allowed an extension of the Contract Time because of any delay in the performance of the Work attributable to the exercise of City's rights and remedies under this Paragraph 13.09. ARTICLE 14 — PAYMENTS TO CONTRACTOR .AND COMPLETION 14.01 '4chedzde of Mites The Schedule of Values for lump sum contracts established as provided in Paragraph 2.07 will serve as the basis for progress payments and will be incorporated into a form of Application for Payment acceptable to City. Progress payments on account of Unit Price WorIc will be based on the number of units completed. 14,02 Progress Payments A. Applications for Payments: 1. Contractor is responsible for providing all information as required to become a vendor of the City. 2. At least 20 days before the date established in the General Requirements for each progress payment, Contractor shall submit to City for review an Application for Payment filled out and signed by Contractor covering the Work completed as of the date of the Application and accompanied by such supporting documentation as is required by the Contract Documents. 3. If payment is requested on the basis of materials and equipment not incorporated in the Work but delivered and suitably stored at the Site or at another location agreed to in writing, the Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation warranting that City has received the materials and equipment free and clear of all Liens and evidence that the materials and equipment are covered by appropriate insurance or other arrangements to protect City's interest therein, all of which must be satisfactory to City. 4. Beginning with the second Application for Payment, each Application shall include an affidavit of Contractor stating that previous progress payments received on account of the Work have been applied on account to discharge Contractor's legitimate obligations associated with prior Applications for Payment. 5. The amount of retainage with respect to progress payments will be as stipulated in the Contract Documents. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: rebrnary2,2016 B. Review ofAppliealions: City will, after receipt of recommendation of payment refusing payment. In the ]at resubmit the Application. 00 72 00 - 1 GENERAL CONDITIONS Page 53 of 63 ;ach Application for Payment, either indicate in writing a or return the Application to Contractor indicating reasons for er case, Contractor may make the necessary corrections and 2. City's processing of any payment requested in an Application for Payment will be based on City's observations of the executed Work, and on City's review of the Application for Payment and the accompanying data and schedules, that to the best of City's knowledge: a. the Work, has progressed to the point indicated; b. the quality of the Work is generally in accordance with the Contract Documents (subject to an evaluation of the Work as a functioning whole prior to or upon final Acceptance, the results of any subsequent tests called for in the Contract Documents, a final determination of quantities and classifications for Work performed under Paragraph 9.05, and any other qualifications stated in the recommendation). 3. Processing any such payment will not thereby be deemed to have represented that: a. inspections made to check the quality or the quantity of the Work as it has been performed have been exhaustive, extended to every aspect of the Work in progress, or involved detailed inspections of the Work beyond the responsibilities specifically assigned to City in the Contract Documents; or b. there may not be other matters or issues between the parties that might entitle Contractor to be paid additionally by City or entitle City to withhold payment to Contractor, or c. Contractor has complied with Laws and Regulations applicable to Contractor's performance of the Work. 4. City may refuse to process the whole or any part of any payment because of subsequently discovered evidence or the results of subsequent inspections or tests, and revise or revoke any such payment previously made, to such extent as may be necessary to protect City fi•om loss because: a. the Work is defective, or the completed Work has been damaged by the Contractor or his subcontractors, requiring correction or replacement; b. discrepancies in quantities contained in previous applications for payment; c. the Contract Price has been reduced by Change Orders; d. City has been required to correct defective Work or complete Work in accordance with Paragraph 13.09; or CIY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Fcbnnry2,2036 007200- 1 GENERAL CONDITIONS Page 54 of 63 e. City has actual knowledge of the occurrence of any of the events enumerated In Paragraph 15.02.A. C. Relannage: 1. For contracts less than $400,000 at the time of execution, retainage shall be ten percent (10%). 2. For contracts greater than $400,000 at the time of execution, retainage shall be five percent (5%). D. Liquidated Damages. For each calendar day that any work shall remain uncompleted after the time specified in the Contract Documents, the sum per day specified in the Agreement, will be deducted from the monies due the Contractor, not as a penalty, but as liquidated damages suffered by the City. E. Payment: Contractor will be paid pursuant to the requirements of this Article 14 and payment will become due in accordance with the Contract Documents. F. Reduction in Payment: 1. City may refuse to make payment of the amount requested because: a. Liens have been fled in connection with the Work, except where Contractor has delivered a specific bond satisfactory to City to secure the satisfaction and discharge of such Liens; b. there are other items entitling City to a set-off against the amount recommended; or c. City has actual knowledge of the occurrence of any of the events enumerated in Paragraphs 14.02.B.4.a through 14.02.B.4.e or Paragraph 15.02.A. 2. if City refuses to make payment of the amount requested, City will give Contractor written notice stating the reasons for such action and pay Contractor any amount remaining after deduction of the amount so withheld. City shall pay Contractor the amount so withheld, or any adjustment thereto agreed to by City and Contractor, when Contractor remedies the reasons for such action. 14.03 Contractor's Warranty of Title Contractor warrants and guarantees that title to all Work, materials, and equipment covered by any Application for Payment, whether incorporated in the Project or not, will pass to City no later than the time of payment free and clear of all Liens. CITY OF FORT WORTS 1 STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febniaryr2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 55 of 63 14.04 Partial Utilization A. Prior to Final Acceptance of all the WorIc, City may use or occupy any substantially completed part of the Work which has specifically been identified in the Contract Documents, or which City, determines constitutes a separately functioning and usable part of the Work that can be used by City for its intended purpose without significant interference with Contractor's performance of the remainder of the Work. City at any time may notify Contractor in writing to permit City to use or occupy any such part of the Work which City determines to be ready for its intended use, subject to the following conditions: 1. Contractor at any time may notify City in writing that Contractor considers any such part of the Wort{ ready for its intended use. 2. Within a reasonable time after notification as enumerated in Paragraph 14.05.A.1, City and Contractor shall make an inspection of that part of the Work to determine its status of completion. If City does not consider that part of the Work to be substantially complete, City will notify Contractor in writing giving the reasons therefor. 3. Partial Utilization will not constitute Final Acceptance by City. 14.05 Final ]nspection A. Upon written notice from Contractor that the entire Work is complete in accordance with the Contract Documents: 1. within 10 days, City will schedule a Final Inspection with Contractor. 2. City will notify Contractor in writing of all particulars in which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to complete such Work or remedy such deficiencies. B. No time charge will be made against the Contractor between said date of notification of the City and the date of Final Inspection. Should the City determine that the Work is not ready for Final Inspection, City will notify the Contractor in writing of the reasons and Contract Time will resume. 14.06 Flnal Acceptance Upon completion by Contractor to City's satisfaction, of any additional Work identified in the Final Inspection, City will issue to Contractor a letter of Final Acceptance. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febmary2,2016 00 72 06 - 1 GENERAL CONDITIONS Page 56 of 63 14.07 Final Pajiment A. Applicationfor Payment: 1. Upon Final Acceptance, and in the opinion of City, Contractor may make an application for final payment following the procedure for progress payments in accordance with the Contract Documents. 2. The final Application for Payment shall be accompanied (except as previously delivered) by: a. all documentation called for in the Contract Documents, including but not limited to the evidence of insurance required by Paragraph 5.03; b. consent of the surety, if any, to fnaI payment; c. a list of all pending or released Damage Claims against City that Contractor believes are unsettled; and d. affidavits of payments and complete and legally effective releases or waivers (satisfactory to City) of all Lien rights arising out of or Liens filed in connection with the Work. B. Payment Becomes Due: 1. After City's acceptance of the Application for Payment and accompanying documentation, requested by Contractor, less previous payments made and any sum City is entitled, including but not limited to liquidated damages, will become due and payable. 2. Amer all Damage Claims have been resolved: a. directly by the Contractor or; b. Contractor provides evidence that the Damage Claim has been reported to Contractor's insurance provider for resolution. 3. The malting of the final payment by the City shall not relieve the Contractor of any guarantees or other requirements of the Contract Documents which specifically continue thereafter. 14.08 Final Complelion Delayed and Partial Relainage Release A. if final completion of the Work is significantly delayed, and if City so confirms, City may, upon receipt of Contractor's final Application for Payment, and without terminating the Contract, make payment of the balance due for that portion of the Work fully completed and accepted. If the remaining balance to be held by City for Work not fully completed or corrected is less than the retainage stipulated in Paragraph 14.02.C, and if bonds have been furnished as required in Paragraph 5.02, the written consent of the surety to the payment of the balance due for that CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Febaiary2,2016 00 72 00 - 1 GENERAL CONDITIONS Page 57 of 63 portion of the Work fully completed and accepted shall be submitted by Contractor to City with the Application for such payment. Such payment shall be made under the terms and conditions governing final payment, except that it shall not constitute a waiver of Contract Claims, B. Partial Retainage Release. For a Contract that provides for a separate vegetative establishment and maintenance, and test and performance periods following the completion of all other construction in the Contract Documents for all Work locations, the City may release a portion of the amount retained provided that all other work is completed as determined by the City. Before the release, all submittals and final quantities must be completed and accepted for all other work. An amount sufficient to ensure Contract compliance will be retained. 14,09 Waiver of Claims The acceptance of final payment will constitute a release of the City from all claims or liabilities under the Contract for anything done or furnished or relating to the work under the Contract Documents or any act or neglect of City related to or connected with the Contract. ARTICLE 15 — SUSPENSION OF WORK .AND TERMINATION 15.01 City May Suspend Work A. At any time and without cause, City may suspend the WorIc or any portion thereof by written notice to Contractor and which may fix the date on which Work will be resumed. Contractor shall resume the Work on the date so fixed. During temporary suspension of the Work covered by these Contract Documents, for any reason, the City will make no extra payment for stand-by time of construction equipment and/or construction crews. B. Should the Contractor not be able to complete a portion of the project due to causes beyond the control of and without the fault or negligence of the Contractor, and should it be determined by mutual consent of the Contractor and City that a solution to allow construction to proceed is not available within a reasonable period of time, Contractor may request an extension in Contract Time, directly attributable to any such suspension. C. If it should become necessary to suspend the Work for an indefinite period, the Contractor shall store all materials in such a manner that they will not obstruct or impede the public unnecessarily nor become damaged in any way, and he shall take every precaution to prevent damage or deterioration of the work performed; he shall provide suitable drainage about the work, and erect temporary structures where necessary. D. Contractor may be reimbursed for the cost of moving his equipment off the job and returning the necessary equipment to the job when it is determined by the City that construction may be resumed. Such reilnburselnent shall be based on actual cost to the Contractor of moving the equipment and no profit will be allowed. Reimbursement may not be allowed if the equipment is moved to another construction project for the City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 00 72 00 -1 GENERAL CONDITIONS Page 58 of 63 I5.02 City May Tenninale 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: Contractor's persistent failure to perform the Work in accordance with the Contract Documents (including, but not limited to, failure to supply sufficient skilled workers or suitable materials or equipment, failure to adhere to the Project Schedule established under Paragraph 2.07 as adjusted from time to time pursuant to Paragraph 6.04, or failure to adhere to the City's Business Diversity Enterprise Ordinance #20020-12-201lestablished under Paragraph 6.06.D); 2. Contractor's disregard of Laws or Regulations of any public body having jurisdiction; 3. Contractor's repeated disregard of the authority of City; or 4. Contractor's violation in any substantial way of any provisions of the Contract Documents; or Contractor's failure to promptly make good any defect in materials or workmanship, or defects of any nature, the correction of which has been directed in writing by the City; or 6. Substantial indication that the Contractor has made an unauthorized assignment of the Contract or any funds due therefrom for the benefit of any creditor or for any other purpose; or 7. Substantial evidence that the Contractor has become insolvent or bankrupt, or otherwise financially unable to carry on the Work satisfactorily; or S. Contractor commences legal action in a court of competent jurisdiction against the City. B. If one or more of the events identified in Paragraph 15.02A. occur, City will provide written notice to Contractor and Surety to arrange a conference with Contractor and Surety to address Contractor's failure to perform the Work. Conference shall be held not later than 15 days, after receipt of notice. 1. If the City, the Contractor, and the Surety do not agree to allow the Contractor to proceed to perform the construction Contract, the City may, to the extent permitted by Laws and Regulations, declare a Contractor default and formally terminate the Contractor's right to complete the Contract. Contractor default shall not be declared earlier than 20 days after the Contractor and Surety have received notice of conference to address Contractor's failure to perform the Work. 2. If Contractor's services are terminated, Surety shall be obligated to take over and perform the Work. If Surety does not commence performance thereof within 15 consecutive calendar days after date of an additional written notice demanding Surety's performance of its CITY OF FORT WORTH STANDARD CONSTRUCTION SPFCIPICATION DOCUMENTS Revision: Felxuary2,2016 00 72 00 - 3 GENERAL CONDITIONS Page 54 or63 obligations, then City, without process or action at law, may take over any portion of the Work and complete it as described below. a. If City completes the Work, City may exclude Contractor and Surety from the site and take possession of the Work, and all materials and equipment incorporated into the Work stored at the Site or for which City has paid Contractor or Surety but which are stored elsewhere, and finish the Work as City may deem expedient. Whether City or Surety completes the Work, Contractor shall not be entitled to receive any further payment until the Work is finished. If the unpaid balance of the Contract Price exceeds all claims, costs, losses and damages sustained by City arising out of or resulting from completing the Work, such excess will be paid to Contractor. If such claims, costs, losses and damages exceed such unpaid balance, Contractor shall pay the difference to City. Such claims, costs, losses and damages incurred by City will be incorporated in a Change Order, provided that when exercising any rights or remedies under this Paragraph, City shall not be requited to obtain the lowest price for the Work performed. d. Neither City, nor any of its respective consultants, agents, officers, directors or employees shall be in any way liable or accountable to Contractor or Surety for the method by which the completion of the said Work, or any portion thereof, may be accomplished or for the price paid therefor. 5. City, notwithstanding the method used in completing the Contract, shall not forfeit the right to recover damages from Contractor or Surety for Contractor's failure to timely complete the entire Contract. Contractor shall not be entitled to any claim on account of the method used by City in completing the Contract. 6. Maintenance of the Work shall continue to be Contractor's and Surety's responsibilities as provided for in the bond requirements of the Contract Documents or any special guarantees provided for under the Contract Documents or any other obligations otherwise prescribed by law. C. Notwithstanding .Paragraphs 15.02.B, Contractor's services will not be terminated if Contractor begins within seven days of receipt of notice of intent to terminate to correct its failure to perform and proceeds diligently to cure such failure within no more than 30 days of receipt of said notice. D. Where Contractor's services have been so terminated by City, the termination will not affect any rights or remedies of City against Contractor then existing or which may thereafter accrue. Any retention or payment of moneys due Contractor by City will not release Contractor from liability. E. If and to the extent that Contractor has provided a performance bond under the provisions of Paragraph 5.02, the termination procedures of that bond shall not supersede the provisions of this Article. CITY OT FORT WORTI E STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: FcEx"aty2, 20I6 00 72 00 - 1 GENERAL CONDITIONS Page 60 of G3 15.03 City May Terminate For Convenience A. City may, without cause and without prejudice to any other right or remedy of City, terminate the Contract. Any termination shall be effected by mailing a notice of the termination to the Contractor specifying the extent to which performance of Work under the contract is terminated, and the date upon which such termination becomes effective. Receipt of the notice shall be deemed conclusively presumed and established when the letter is placed in the United States Postal Service Mail by the City. Further, it shall be deemed conclusively presumed and established that such termination is made with just cause as therein stated; and no proof in any claim, demand or suit shall be required of the City regarding such discretionary action. B. After receipt of a notice of termination, and except as otherwise directed by the City, the Contractor shall: 1. Stop work under the Contract on the date and to the extent specified in the notice of termination; 2. place no further orders or subcontracts for materials, services or facilities except as may be necessary for completion of such portion of the Work under the Contract as is not terminated; 3. terminate all orders and subcontracts to the extent that they relate to the performance of the Work terminated by notice of termination; 4. transfer title to the City and deliver in the manner, at the times, and to the extent, if any, directed by the City: a. the fabricated or unfabricated parts, Work in progress, completed Work, supplies and other material produced as a part of, or acquired in connection with the performance of, the Work terminated by the notice of the termination; and b. the completed, or partially completed plans, drawings, information and other property which, if the Contract had been completed, would have been required to be furnished to the City. 5. complete performance of such Work as shall not have been terminated by the notice of termination; and 6. take such action as may be necessary, or as the City may direct, for the protection and preservation of the property related to its contract which is in the possession of the Contractor and in which the owner has or may acquire the rest. C. At a time not later than 30 days after the termination date specified in the notice of termination, the Contractor may submit to the City a list, certified as to quantity and quality, of any or all items of termination inventory not previously disposed of, exclusive of items the disposition of which has been directed or authorized by City. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: Februaiy2,2016 00 72 00 -1 GENERAL CONDITIONS Page 61 or63 D. Not later than 15 days thereafter, the City shall accept title to such items provided, that the list submitted shall be subject to verification by the City upon removal of the items or, if the items are stored, within 45 days from the date of submission of the list, and any necessary adjustments to correct the list as submitted, shall be made prior to final settlement. E. Not later than 60 days after the notice of termination, the Contractor shall submit his termination claim to the City in the form and with the certification prescribed by the City. Unless an extension is made in writing within such 60 day period by the Contractor, and granted by the City, any and all such claims shall be conclusively deemed waived. F. In such case, Contractor shall be paid for (without duplication of any items): 1, completed and acceptable Work executed in accordance with the Contract Documents prior to the effective date of termination, including fair and reasonable sums for overhead and profit on such Worlc, 2. expenses sustained prior to the effective date of termination in performing services and furnishing labor, materials, or equipment as required by the Contract Documents in connection with uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses; and 3. reasonable expenses directly attributable to termination. G. In the event of the failure of the Contractor and City to agree upon the whole amount to be paid to the Contractor by reason of the termination of the Work, the City shall determine, on the basis of information available to it, the amount, if any, due to the Contractor by reason of the termination and shall pay to the Contractor the amounts determined. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic Ioss arising out of or resulting fi•om such termination, ARTICLE 16 --- DISPUTE RESOLUTION 16.01 Methods and Procedures A. Either City or Contractor may request mediation of any Contract Claim submitted for a decision under Paragraph 10.06 before such decision becomes final and binding. The request for mediation shall be submitted to the other party to the Contract. Timely submission of the request shall stay the effect of Paragraph 10.06.E. B. City and Contractor shall participate in the mediation process in good faith. The process shall be commenced within 60 days of filing of the request. C. If the Contract Claim is not resolved by mediation, City's action under Paragraph 10.06.0 or a denial pursuant to Paragraphs 10.06.C.3 or 10.06.1) shall become final and binding 30 days after termination of the mediation unless, within that time period, City or Contractor: CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision; February2,2016 0072W-1 GENERAL CONDITIONS Page 62 of 63 elects in writing to invoke any other dispute resolution process provided for in the Supplementary Conditions; or 2. agrees with the other party to submit the Contract Claim to another dispute resolution process; or 3. gives written notice to the other party of the intent to submit the Contract Claim to a court of competent jurisdiction, ARTICLE 17 —MISCELLANEOUS 17.01 Giving Notice A. Whenever any provision of the Contract Documents requires the giving of written notice, it will be deemed to have been validly given if: 1. delivered in person to the individual or to a member of the firm or to an officer of the corporation for whom it is intended; or 2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known to the giver of the notice. B. Business address changes must be promptly made in writing to the other party. C. Whenever the Contract Documents specifies giving notice by electronic means such electronic notice shall be deemed sufficient upon confirmation of receipt by the receiving party. 17.02 Computation of Threes When any period of time is referred to in the Contract Documents by days, it will be computed to exclude the first and include the last day of such period. If the last day of any such period falls on a Saturday or Sunday or on a day made a legal holiday the next Working Day shall become the last day of the period. 17.03 Cumulative Remedies The duties and obligations imposed by these General Conditions and the rights and remedies available hereunder to the parties hereto are in addition to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or guarantee, or by other provisions of the Contract Documents. The provisions of this Paragraph will be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, obligation, right, and remedy to which they apply. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision: February2,2016 00 72 00. 1 GENERAL CONDITIONS Page 63 of 63 17,04 Sua-I,ival of Obligations All representations, indemnifications, warranties, and guarantees made in, required by, or given in accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract Documents, will survive final payment, completion, and acceptance of the Work or termination or completion of the Contract or termination of the services of Contractor. 17.05 Headings Article and paragraph headings are inserted for convenience only and do not constitute parts of these General Conditions. CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revision! February2,2016 00 73 00 - I SUPPLEMENTARY CONDITIONS Page 1 ot'a 1 SECTION 00 73 00 2 SUPPLEMENTARY CONDITIONS 3 TO 4 GENERAL CONDITIONS 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 Supplementary Conditions These Supplementary Conditions modify and supplement Section 00 72 00 - General Conditions, and other provisions of the Contract Documents as indicated below. All provisions of the General Conditions that are modified or supplemented remain in full force and effect as so modified or supplemented, All provisions of the General Conditions which are not so modified or supplemented remain in full force and effect. Defined Terms The tern -is used in these Supplementary Conditions which are defined iri the General Conditions have the meaning assigned to them in the General Conditions, unless specifically noted herein. Modifications and Supplements The following are instructions that modify or supplement specific paragraphs in the General Conditions and other Contract Documents. SC-2.02-2.04., "Preliminary Matters" By the 101" of the month, the Engineering Manager of the Traffic Management Division will issue a work order to the Contractor with the quantities of prep and seal lane lines, solid lines, edgelines, extrude and preformed thermoplastic, multipolymer, pavement legends, dotted lines, reflective buttons and signs that shall be installed, removed or relocated. By submission of a bid for this service contract, the contractor recognizes the urgency of the work and agrees to commit to the necessary labor, materials, and equipment necessary to assure completion of up to 400,000 linear feet of lane lines within 50 calendar days of issued. This provides 20 calendar da s to procure materials and 30 calendar days to complete the installations. Failure to complete the entire work order in that time period will result in delayed payment and the assessment of liquidated damages. if a work site on the monthly work order calls for markings that change the design of the lane lines, the work order shall be completed on the same day to prevent driver confusion and potential safety issues. MOBILIZATION FEES: The contractor shall be allowed to charge a mobilization fee se arate bid item if the monthly work orders value is less than $10 000 per month. No mobilization fee will be paid if no work order is issued during a inonth. SC-3.014B.L, "Amending and Supplementing Contract Documents" All work orders installed for the City of Fort Worth under this service contract will be authorized and ordered through the Transportation and Public Works Department regardless of the department requesting the work. The work order shall consist of a list of work sites and corresponding line item quantities. The work order will also indicate any restrictions on work hours per work site. CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 20I6 1 2 3 4 5 6 7 8 9 10 11 12 13 1.4 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 007300-2 SUPPLEMENTARY CONDITIONS Page 2 of & The work order will indicate if the quantities are estimated or drawn to scale. Esthnated Quantities: If a work order is issued using estimated quantities, the contractor shall submit field reported quantities on the invoice. Unless a design drawing is provided, the contractor shall replace all existing thermoplastic lane line markings within the work site with same colors, thermoplastic or multipolymer material line widths, and locations. The contractor shall not assume all pavement legends, stop bars and crosswalks are to be replaced and shall review the work order to determine if those are to be excluded, removed, replaced or added. The City Traffic Inspector shall determine if those quantities are valid during a field inspection. The City shall make final decisions on actual quantities and adjust payments accordingly. 2. Scale Design Drawings: Work orders issued with a scale drawing will be paid using the quantities shown on the drawings. If the contractor finds inaccuracies in the scale drawings, they must submit a letter along with the scale drawing illustrating the measurements that they are contesting. SC-3.03B.2, "Resolving Discrepancies" Plans govern over Specifications. SC-4.01 A Easement limits shown on the Drawing are approxunate and were provided to establish a basis for bidding. Upon receiving the final casements descriptions, Contractor shall compare them to the lines shown on the Contract Drawings. SC-4.01A.L, "Availability of Lands" The following is a list of known outstanding right-of-way, and/or easements to be acquired, if any as of Outstanding Right -Of -Way, and/or Easements to Be Acquired PARCEL OWNER TARGET DATE NUMBER OF POSSESSION None The Contractor understands and agrees that the dates listed above are estimates only, are not guaranteed, and do not bind the City. If Contractor considers the final easements provided to differ materially from the representations on the Contract Drawings, Contractor shall within five (5) Business Days and before proceeding with the Work, notify City in writing associated with the differing easement line locations, SC-4.01A.2, "Availability of Lands" Utilities or, obstructions to be removed, adjusted, and/or relocated The following is list of utilities and/or obstructions that have not been removed, adjusted, and/or relocated as of CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 00 73 00 - 3 SUPPLEMENTARY CONDt'no S Page 3 of 3 EXPECTED UTILITY AND LOCATION TARGET DATE OF OWNER ADJUSTMENT None The Contractor understands and agrees that the dates listed above arc estimates only, are not guaranteed, and do not bind the City. SC-4.02A,, "Subsurface and Physical Conditions" The following are reports of explorations and tests of subsurface conditions at the site of the Work: None The following are drawings of physical conditions in or relating to existing surface and subsurface structures (except Underground Facilities) which are at or contiguous to the site of the Work: None SC-4.06A., "Hazardous Environmental Conditions at Site" The following are reports and drawings of existing hazardous environmental conditions known to the City: None SC-5.03A„ "Certificates of Insurance" The entities listed below are "additional insureds as their interest may appear" including their respective officers, directors, agents and employees. (1) City (2) Consultant: None (3) Other: None SC-5.04A., "Contractor's Insurance" The limits of liability for the insurance required by Paragraph GC-5.04 shall provide the following coverages for not less than the following amounts or greater where required by laws and regulations: 5.04A. Workers' Compensation, under Paragraph GC-5.04A. Statutory limits Employer's liability $100,000 each accident/occurrence $100,000 Disease - each employee $500,000 Disease - policy limit SC-5.04B., "Contractor's Insurance" 5.04B. Commercial General Liability, under Paragraph GC-5.04B. Contractor's Liability Insurance under Paragraph GC-5.04B., which shall be on a per project basis covering the Contractor with minimum limits of: $1,000,000 each occurrence CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 00 73 00 - 4 SUPPLEMENTARY CONDITIONS Page ars 1 $2,000,000 aggregate limit 2 3 The policy must have an endorsement (Amendment -- Aggregate Limits of Insurance) making the 4 General Aggregate Limits apply separately to each job site. 5 6 The Commercial General Liability Insurance policies shall provide "X", "C", and "U" coverage's. 7 Verification of such coverage must be shown in the Remarks Article of the Certificate of Insurance. 8 9 SC 5.04C., "Contractor's Insurance" 10 5.04C. Automobile Liability, under Paragraph GC-5.04C. Contractor's Liability Insurance under 1 I Paragraph GC-5.04C., which shall be in an amount not less than the following amounts: 12 13 (1) Automobile Liability - a commercial business policy shall provide coverage on "Any Auto", 14 defined as autos owned, hired and non -owned. 15 16 $1,000,000 each accident on a combined single limit basis. Split limits are acceptable if limits are at 17 least: 18 19 $250,000 Bodily Injury per person / 20 $500,000 Bodily Injury per accident / 21 $100,000 Property Damage 22 23 SC-5.04D., C4Contractor's Insurance" 24 25 The Contractor's construction activities will require its employees, agents, subcontractors, equipment, and 26 material deliveries to cross railroad properties and tracks: 27 28 The Contractor shall conduct its operations on railroad properties in such a manner as not to interfere with, 29 hinder, or obstruct the railroad company in any manner whatsoever in the use or operation of its/their trains 30 or other property. Such operations on railroad properties may require that Contractor to execute a "Right of 31 Entry Agreement" with the particular railroad company or companies involved, and to this end the 32 Contractor should satisfy itself as to the requirements of each railroad company and be prepared to execute 33 the right -of entry (if any) required by a railroad company, 'I'he requirements specified herein likewise relate 34 to the Contractor's use of private and/or construction access roads crossing said railroad company's 35 properties. 36 37 The Contractual Liability coverage required by Paragraph 5.04D of the General Conditions shall provide 38 coverage for not less than the following amounts, issued by companies satisfactory to the City and to the 39 Railroad Company for a term that continues for so long as the Contractor's operations and work cross, 40 occupy, or touch railroad property: 41 42 (1) General Aggregate: .!Con�rni Lhnils with Railroad 43 44 (2) Each Occurrence: $Conran Limits with Railroad 45 46 Required fair this Contract _ Nat required for this Contract 47 <PrYovide an "." next to the appropriate selection above based on the Contract requirements> 48 49 With respect to the above outlined insurance requirements, the following shall govern: 50 51 1. Where a single railroad company is involved, the Contractor shall provide one insurance policy in 52 the name of the railroad company. However, if more than one grade separation or at -grade 53 crossing is affected by the Project at entirely separate locations on the line or lines of the same 54 railroad company, separate coverage may be required, each in the amount stated above. 55 CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 I8 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 5I 52 007300-5 SUPPLEMENTARY CONDITIONS Page 5 oFs 2. Where more than one railroad company is operating on the same right-of-way or where several railroad companies are involved and operated on their own separate rights -of -way, the Contractor may be required to provide separate insurance policies in the name of each railroad company. 3. If, in addition to a grade separation or an at -grade crossing, other work or activity is proposed on a railroad company's right-of-way at a location entirely separate from the grade separation or at - grade crossing, insurance coverage for this work must be included in the policy covering the grade separation. 4. If no grade separation is involved but other work is proposed on a railroad company's right-of- way, all such other work may be covered in a single policy for that railroad, even though the work may be at two or more separate locations. No work or activities an a railroad company's property to be performed by the Contractor shall be commenced until the Contractor has furnished the City with an original policy or policies of the insurance for each railroad company named, as required above. All such insurance must be approved by the City and each affected Railroad Company prior to the Contractor's beginning work. The insurance specified above must be carried until all Work to be performed on the railroad right-of-way has been completed and the grade crossing, if any, is no longer used by the Contractor. In addition, insurance must be carried during all maintenance and/or repair work performed in the railroad right-of-way. Such insurance must name the railroad company as the insured, together with any tenant or lessee of the railroad company operating over tracks involved in the Project. SC-6.04., "Pt-oject Schedule" Project schedule shall be tier 3 for the project. SC-6.07., "Wage Rates" The following is the prevailing wage rate table(s) applicable to this project and is provided in the Appendixes: Wage Rates adopted 10/29/2013 byM&C C-26534 SC-6.09., "Permits and Utilities" SC-6.09A., "Contractor obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the Contractor: 1. Street Use permit SC-6.0913. "City obtained permits and licenses" The following are known permits and/or licenses required by the Contract to be acquired by the City: SC-6.09C. "Outstanding permits and licenses" The following is a list of known outstanding permits and/or licenses to be acquired, if any as of 08/04/216 Outstanding Pei-mits and/or Licenses to Be Acquired OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION CITY OF FORT WORTH 2020 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised Jaoniary 22, 2016 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 00 73 00 - 6 SUPPLEMENTARY CONDITIONS Page 6 ofS OWNER PERMIT OR LICENSE AND LOCATION TARGET DATE OF POSSESSION None SC-7.02., "Coordination" The individuals or entities listed below have contracts with the City for the performance of other work at the Site: Vendor Scope of Work Coordination Authority None SC-8.01, "Communications to Contractor" None SC-9.01., "City's Project Manager" The City's Project Manager for this Contract is Quenell Johnson or his/her successor pursuant to written notification from the Director of Transportation and Public Works Department. SC-11.04A D., f°Plans Quantity Measurement" Actual quantities may vary. Contractors are advised that the quantities shown on the work order are estimates. During the course of a job, the City reserves the right to increase or decrease the total estimated quantities of individual fine items. Unit costs will not be adjusted to reflect changes in quantity. SC-13,03C., "Tests and Inspections" None SC-14.02D., "Liquidated Damages" If the work order is not completed within the allotted number of working days, liquidated damages will be withheld in the amounts shown below and described in Section 1.36.1 of the latest edition of the North Central Texas Council of Government's Standard Specifications ,for Public Works Construction, where the contTact amount will be equal to the amount of the work order. Amount of Work Order ($) Less than 5,000.00 to 15,000.00 to 25,000.00 to 50,000.00 to 100,000.00 to More than 5,000.00 14,999.99 24,999.99 49,999.99 99,999.99 I,000,000.00 1,000,000.00 CITY OF FORT WORTH STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 Amount of Liquidated Damages ($) 60.00 Per Day 80.00 Per Day 100.00 Per day 120.00 Per day 160.00 Per Day 240.00 Per day 500.00 Per day 2020 On -Call Pavement Markings Contract 1 2 3 4 5 6 7 8 9 10 lI 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 007300-7 SUPPLEMENTARY CONDITIONS Page 7 or8 Additional days will be granted at the discretion of the City due to inclement weather to complete the work order. Time suspension requests for weather delays will riot be required. Weather days will be determined by the Engineering Manager or Designee and will be tracked on a monthly calendar. if the Contractor believes circumstances (other than weather) outside his control will delay progress on a particular work order, contractor can initiate a request to suspend time, The Contractor must submit such requests to the City in writing (via e-mail, fax, or letter). Suspensions of time will be granted on an individual work order basis. Calendar days will be counted against each monthly work order until the Contractor makes a time suspension request. If all items for all work sites ordered on the monthly work order are not completed within 50 days of the issuance date, liquidated damages will be withheld from the retainage fee in the amounts described above under "Delays, Extension of Time, and Liquidation Damages". Change order shall not affect the obligation of contract time frames for material procurement or work completion. Contract time limits, material procurement time frames, and contract pay items will be adjusted at Engineering Manager's discretion. SC-14,02E., "Payment" On the 251h day of each month, the Contractor shall prepare invoice(s) for payments of work performed, All invoices are to be submitted to the Engineering Manager or Designee, Transportation and Public Works Department, 5001 James Ave, Suite 301, Fort Worth, Texas 76115. The invoice must contain dates of installation, work site locations, and corresponding quantities for line items installed. First Inspection: The Engineering Manager or Designee will conduct a visual inspection of each work site on the monthly work order. No payments will be made for a work site until all items ordered for the site are completed. If all items are completed and meet the specifications, payment will be made with an automatic 10% retainage fee. Second Inspection: Within 30 days of completing the work, the Engineering Manager or Designee will conduct second inspections to field verify actual quantities. The amount of the retainage will be released based on the difference between the invoice quantities and field verified quantities. Work order sites with scale drawings will be paid using quantities shown on the scale design drawing. SC-16.01C.1, "Methods and Procedures" None END OF SECTION CITY or FORT WORTH 2020 On -Call Pavement Markings Contact STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Reused January 22, 2016 00 73 00 - 8 SUPPLFMI--NTARY CONDITIONS Page 8 of g Revision Log DATE NAME SUMMARY OF CHANGE CITY OF FOeT WOtrH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised January 22, 2016 1 3 4 5 6 7 S 9 10 11 12 13 14 APPENDIX GC 4.04 Underground Faeijita4es GC n 06 Hai. ,wdees �' -yif fifn,,nta Go + cite c�.�-T: o�[xc�-uz'�v'cr cvnuravxr-crc-oicc GC-6.06.D Minority and Women Owned Business Enterprise Compliance GG 6.07 Wage Rates F 03 mope,.,, n CITY OF FORT WORTH 2O20 On -Call Pavement Markings Contract STANDARD CONSTRUCTION SPECIFICATION DOCUMENTS Revised July 1, 2011 City of Fort Werth Minority Business Enterprise Specifications Prime Contractor Waiver Form OFFEROR COMPANY NAME: %-/Ztp &A"N , -Ve "dw 612-e-XA, G. LG City's MBE Project Goal: S- % roject nia ATTACHMENT 1 B Page 1 of 1 ' Check applicable block to describe prinne Bilk )DATE D(�,/qq/ z4Z-0 /V/4 If both answers to this form are YES, do not complete ATTACHMENT 1C (Good Faith Effort Form). Ail questions on this form must be completed and a detailed explanation provided, if applicable. If the answer to either question is NO, then you must complete ATTACHMENT 1C. This form is only applicable if b-Qth answers are yes. Failure to complete this form in its- entirety and be received by the Purchasing Division no later than 2:00 p.m., on the second City business day after, bid opening, exclusive of the bid opening date, will result in the bid tieing considered non -responsive to bid specifications. Will you perform this entire contract without subcontractors? YI=S If yes, please provide a detailed explanation that proves based an the size and scope of this NO project, this is your normal business practicer and provide an operational profile of your business. _ Will you perform this entire contract without suppliers? YES if yes, please provide a detailed explanation that proves based on the size and scope of this project, this is your normal business practice and provide an inventory profile of your business. ✓ The Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work performed by all subcontractors, including MBE(s) on this contract. the payment thereof and any proposed changes to the original MBE(s) arrangements submitted with this bid. The Offeror also agrees to allow an audit and/or examination of any gooks, records and files held by their company that will substantiate the actual work performed by the MBEs on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract or debarment from City work for a period of not less than three (3) years and for initialing action under Federal, State or Local laws concerning false statements. Any failure to comply with this ordinance creates a material breach of contract and may result in a determination of an irresponsible Offeror and barred from participating in City work for a period of time not less than one (1) year. Flfitl riz d Signature ylC-e I I71-!�Sl4 7- Title Company Nance -2-V 7 /,,t rwt:-V-9- .5T Address GiiylState/dip Printed Signature Contact Name (if different) Phone Numl3er Fax Number Etviwil tAddress ll I 7,9 Hate Rev. 2110115 ATTACHMENT 1A Page 1 of 4 FORT WORTH City of Fort Worth Minority Business Enterprise IVIBE Subcontractors/Suppliers Utilization Form OFFEROR COMPANY NAME: Check applicable block to describe 7K%P /-G e Offeror PROJECT NAME; MNV/DBE L.LN-MNVIDI3E QIQ QATE 7-a zo 4veroe*r ~Air e,,ev CiWs MBE Project Goal: offeror's MOE Project Commitment: PROJECT NUMBER % N/ 4 Identify All subcontractors/suppliers you will use on this project Failure to complete this form, in its entirety with requested documentation, and received by the Purchasing Division no later than 2:00 p.m. on the second City business day after bid opening, exclusive of bid opening date, will result in the bid being considered non -responsive to bid specifications. The undersigned Offeror agrees to enter into a formal agreement with the MBE firm(s) listed in this utilization schedule, conditioned upon execution of a contract with the City of Fort Worth. The intentional and/or knowing misrepresentation of facts is grounds for consideration of disqualification and will result in the bid being considered non -responsive to bid specifications. NIBEs listed toward meeting the project goal must be located in the six (6) county marketplace at the time of bid or the business has a Significant Business presence in the Marketplace. Marketplace is the geographic area of Tarrant, Dallas, Denton, Johnson, Parker, and Wise counties. Prime contractors must identify by tier level of all subcontractors/suppliers. Tier: means the level of subcontracting below the prime contractor/consultant i.e. a direct payment from the prime contractor to a subcontractor is considered Vt tier, a payment by a subcontractor to its supplier is considered 2`4 tier. The prime contractor is responsible to provide proof of payment of all tiered subcontractors identified as a MBE and counting those dollars towards meeting the contract committed goal. ALL MBEs MUST BE CERTIFIED BEFORE CONTRACT AWARD. Certification means those firms, located within the Marketplace, that have been determined to be a bondafide minority business enterprise by the North Central Texas Regional Certification Agency (NCTRCA) or other certifying agencies that the City may deem appropriate and accepted by the City of Fort Worth. It hauling services are utilized, the Offeror will be given credit as long as the MBE listed owns and operates at least one fully licensed and operational truck to be used on the contract. The MBE may lease trucks from another MSE firm, including MBE owner -operated, and receive full MBE credit. The MBE may lease trucks from non -MBEs, including owner -operated, but will only receive credit for the fees and commissions earned by the MBE as outlined in the lease agreement. Rev. 2/10/16 FoRTWORTH ATTACHMENT IA Page 2 of 4 Offerors are required to identify ALL subcontractors/suppliers, regardless of status; i.e., Minority and non -MBEs. MBE firms are to be fisted first, use additional sheets if necessary. Please note that only certified MBEs will be counted to meet an MBE goal. SUDCONTRACTORISUPPLIER Company Name NCTRCA N ° n Detail Detail T - Address Telephone/Pax I M e B W a M Subcontracting Supplies Work Purchased Dollar Amount Email Contact Person r E t B E �fNIS���IN� ❑ ❑ �t72,Mo�TIG f'.31j�©O@ ,ec !Su 9 S. K4vvI*YSr vvrs ► 7Y VS'1/9 49 ': � - ro AR 5w4fLGo T1Fx-C-X El ❑ 'f 14l¢Ss /�b�f / 2 r 96�7 N• 6MMv Sr kv'e 2/-^ mo io stw���"%I�✓ ❑ ❑ AtfXh4vr ?a*)*n ig6-6 .'vo 41se OP WRY D�ya��vNir�� ❑ ❑ ❑ ❑ ® ❑ - Rev. 21t0/15 FaRTWaRTH ATTACHMENF1A Page 3 of Offerors are required to identify ALL subcontractors/suppliers, regardless of status, i.e., Minority and non -MBEs. MBE firms are to be listed first, use additional sheets if necessary. Please note that only certified MBEs Will be counted to meet an MBE goal. -- — SUBCONTRACTOR/SUPPLIERCompany NCYRCA NJ n ----- Name T - Detail Detail Address TelephonelFax I M e E W E M Subcontracting Supplies DollarAmount Work Purchased Email Contact Person r E E e E Rev. 2/10/15 s Total Dollar Amount of MBE Subcontractors/Suppliers Is 16�— ATTACHMENTIA Page 4 of 4 Total Dollar Amount of lion -MICE Subcontractors/Suppliers 1 ' a 0 —6 TOTAL DOLLAR AMOUNT OF ALL SUBCONTRACTORS/SUPPLIERS 1 $ The Offeror will not make additions, deletions, or substitutions to this certified list without the prior approval of the Minority and Women Business Enterprise Office through the submittal of a Request for Approval o Change%Addifiort form, Any unjustified change or deletion shall be a material breach of contract and may result in debarment in accord with the procedures outlined in the ordinance. The Offeror shall submit a detailed explanation of how the requested change/addition or deletion will affect the committed MBE goal. if the detail explanation is not submitted, it will affect the final compliance determination. By affixing a signature to this form. the Offeror further agrees to provide, directly to the City upon request, complete and accurate information regarding actual work perforated by all subcontractors, including MBE(s) and any special arrangements with MBEs. The Offeror also agrees to allow an audit and/or examination of any books, records and files held by their company. The Offeror agrees to allow the transmission of interviews with owners, principals, officers, employees and applicable subcontractors/suppliers participating on the contract that will substantiate the actual work performed by the MBE(s) on this contract, by an authorized officer or employee of the City. Any intentional and/or knowing misrepresentation of facts will be grounds for terminating the contract 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. Any failure to comply with this ordinance creates a material breach of the contract and may result in a determination of an irresponsible Offeror and debarment from Participating in City work for a period of time not less than one (1) year. nature Title fir'—C�2, company Narne Address citylS tatelzi p Printed Signature Contact Nina/Title (if difforent) (ply) ,w -Iyo& Telephone and/or Fax (104�e e1� iC S�`7ZVC lo7-���rr��? criigf E-mail Address '�' Igloo -ZC Data Rev. 2110115 100% Self Performed: TRP Construction Group, LLC's core business is the installation of Pavement Markings for Federal, State, County, City and Private projects throughout the State of Texas. Therefore utilizing a subcontractor for this type of work would not be a commercially useful function.